What is the penalty for marijuana possession in Kentucky?

Possession of less than 8 ounces of marijuana without a medical card is a Class B misdemeanor, punishable by up to 45 days in jail and a $250 fine. Possession of 8 ounces or more is automatically treated as trafficking.

What are Kentucky marijuana trafficking penalties?

Trafficking penalties depend on amount and offense number. First offense for 8 oz to 5 lbs is a Class D felony (1-5 years, $10,000 fine). Five pounds or more is a Class C felony (5-10 years). Second offenses carry enhanced mandatory minimums up to 20 years.

Can you grow marijuana in Kentucky?

No. Home cultivation is illegal for all purposes in Kentucky, including for registered medical patients. Growing fewer than 5 plants is a Class A misdemeanor (up to 12 months). Five or more plants is a Class D felony (1-5 years).

Can you get a marijuana charge expunged in Kentucky?

Yes, certain marijuana convictions can be expunged under KRS 431.078 after a 5-year waiting period from sentence completion. Eligible offenses include Class B misdemeanor possession and first-offense Class A misdemeanor charges. Felony trafficking convictions are generally not eligible.

Does Kentucky have a first-offense diversion program?

Yes. KRS 218A.276 allows first-time drug possession offenders to complete a diversion program including substance abuse treatment and community service. Successful completion results in the charge being voided and sealed from the criminal record.

Kentucky Marijuana Penalties — Possession & Trafficking

Legal Disclaimer: This information reflects Kentucky cannabis law as of April 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Kentucky Office of Medical Cannabis or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: April 2026

Possession Penalties

Under KRS 218A.1422, possession of marijuana without a valid medical cannabis card is a criminal offense. Kentucky has not decriminalized any amount of recreational cannabis.

Amount	Classification	Max Jail	Max Fine
Less than 8 oz	Class B misdemeanor	45 days	$250
8 oz or more	Trafficking (prima facie intent to sell)	See trafficking table	See trafficking table

The 8-ounce threshold is significant: possessing 8 ounces or more creates a prima facie presumption of trafficking intent. This means prosecutors do not need to prove you intended to sell — the amount alone shifts the burden. Half a pound of cannabis in Kentucky is automatically treated as a trafficking offense.

Trafficking Penalties

Kentucky's trafficking statutes under KRS 218A.1421 impose escalating penalties based on the amount and whether it is a first or subsequent offense. Mandatory minimum sentences mean judges cannot impose less than the required prison term, regardless of circumstances.

Amount	Offense	Classification	Prison	Max Fine
Less than 8 oz	1st	Class A misdemeanor	Up to 12 months	$500
Less than 8 oz	2nd+	Class D felony	1–5 years (1-yr mandatory)	$10,000
8 oz to <5 lbs	1st	Class D felony	1–5 years (1-yr mandatory)	$10,000
8 oz to <5 lbs	2nd+	Class C felony	5–10 years (5-yr mandatory)	$10,000
5 lbs or more	1st	Class C felony	5–10 years (5-yr mandatory)	$10,000
5 lbs or more	2nd+	Class B felony	10–20 years (10-yr mandatory)	$10,000

Any person who traffics in marijuana of eight (8) ounces or more shall be guilty of a Class D felony for the first offense and a Class C felony for each subsequent offense.
KRS 218A.1421

Cultivation Penalties

Growing cannabis plants is separately penalized under KRS 218A.1423. Home cultivation is illegal for all purposes in Kentucky, including for registered medical patients. Even a single plant is a criminal offense.

Plant Count	Offense	Classification	Prison
Fewer than 5	1st	Class A misdemeanor	Up to 12 months
Fewer than 5	2nd+	Class D felony	1–5 years
5 or more	1st	Class D felony	1–5 years
5 or more	2nd+	Class C felony	5–10 years

Sale and Distribution

Selling cannabis without a license carries trafficking penalties based on the amount involved. Additional enhancements apply in specific situations:

Sale to a minor: Class C felony (5–10 years), regardless of the amount
Within 1,000 feet of a school: Class D felony with enhanced sentencing
Firearm enhancement: 1–5 years additional consecutive sentence if a firearm is possessed during a trafficking offense

First-Offense Diversion

Kentucky offers a first-offense diversion program under KRS 218A.276 for certain drug possession charges. If approved, the defendant completes a substance abuse program and community service. Upon successful completion, the charge is voided and sealed from the criminal record. This is one of the few pathways to avoid a permanent conviction for cannabis possession in Kentucky.

Key requirements for diversion eligibility:

Must be a first drug offense
No violent felony history
Possession charge only (not trafficking or distribution)
Completion of court-ordered programs

Expungement

Under KRS 431.078, certain marijuana convictions may be expunged after a 5-year waiting period from the completion of the sentence. Eligible offenses include Class B misdemeanor possession and first-offense Class A misdemeanor charges. Felony trafficking convictions are generally not eligible for expungement.

Minor Penalties

Individuals under 18 charged with cannabis possession face juvenile court proceedings rather than adult criminal court. Additionally, any minor convicted of a drug offense faces mandatory driver's license revocation for a period determined by the court, even if the offense was unrelated to driving.

Medical Patient Protections

Registered medical cannabis patients who possess valid written certification and comply with the limits of KRS 218B are protected from criminal prosecution for possession, use, and transportation of medicinal cannabis products. However, patients who exceed their 30-day supply, use prohibited forms (smoking), or cultivate plants at home lose these protections and face the same penalties as any other individual.

Kentucky Cannabis Criminal Penalties