Is Weed Legal In Kentucky

Is Weed Legal In Kentucky, Yes for Medial Use

On Nov. 15, 2022, the Governor issued an executive order providing access to medical cannabis for Kentuckians who suffer from at least one of 21 medical conditions. These conditions include cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy and terminal illness, as well as others.

The use of medical cannabis does not include cultivation of marijuana by a cardholder, the use or consumption of marijuana by smoking, or the use of industrial hemp.

On November 15, 2022, Governor Andy Beshear announced two executive orders related to cannabis in Kentucky. The first executive order allows certain individual Kentuckians and their caregivers to bring and use medical marijuana into the state without facing legal consequences beginning January 1, 2023, so long as they meet a set of three criteria.

The criteria to bring and use medical marijuana into the state is as follows:

• The cannabis must be lawfully purchased in the U.S. from a state where the purchase is legal, and the receipt must be kept;
• The amount purchased and used must not exceed eight (8) ounces, which is the difference between a misdemeanor and a felony in Kentucky; and
• Each person must have a certification from a licensed health care provider showing the person has been diagnosed with at least one of twenty-one (21) medical conditions: Cancer, amyotrophic lateral sclerosis (ALS) or Lou Gehrig’s disease, epilepsy, intractable seizures, Parkinson’s disease, Crohn’s disease, multiple sclerosis, sickle cell anemia, severe and chronic pain, post-traumatic stress disorder, cachexia or wasting syndrome, neuropathies, severe arthritis, hepatitis C, fibromyalgia, intractable pain, muscular dystrophy, Huntington’s disease, human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS), glaucoma and a terminal illness.

The second executive order involves the regulation of Delta 8 THC, a psychoactive substance found in the cannabis sativa plant, though different from Delta 9 THC, the main psychoactive compound found in marijuana and the source of its well-known euphoric effects. Delta 8 THC is not considered a controlled substance, whereas Delta 9 THC is controlled.

A Kentucky court has ruled that Delta-8, a chemical compound containing amounts of THC lower than those found in marijuana, is legal. A separate executive order signed by the governor seeks to regulate the sale and distribution of the substance. Mar 27, 2023

While a law was passed in April of 2014 allowing patients access to cannabidiol (or “CBD,” a non-psychoactive element of marijuana) in medicinal cases, it is not expected to increase availability or use. Although other states have amended their drug laws to permit marijuana legalization and decriminalization, possession and sale of marijuana is still a crime in the Kentucky, with certain levels of possession constituting a felony under state law.

On Nov. 15, 2022, the Governor issued an executive order providing access to medical cannabis for Kentuckians who suffer from at least one of 21 medical conditions. These conditions include cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy and terminal illness, as well as others.

On March 31, 2023, Governor Andy Beshear signed Senate Bill 47 making medical marijuana use and sale legal in Kentucky, effective January 1, 2025. [i] Kentucky now joins at least 37 other states that have legalized medical marijuana.

Kentucky Marijuana Statutes

Not all state marijuana laws treat pot equally. The table below highlights the specifics of Kentucky’s marijuana statutes.