Kentucky Statutes 218A.1422 v2 – Possession of marijuana — Penalty — Maximum term of incarceration. (Effective January 1, 2025)
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(1) A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana, and the possession is not in compliance with, or otherwise authorized by, KRS Chapter 218B.
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 to the contrary notwithstanding, the maximum term of incarceration shall be no greater than forty-five (45) days.
For details, see § 532.090
(3) This section does not apply to:
(a) A cannabis business or a cannabis business agent, as defined in KRS
218B.010, when acting in compliance with KRS Chapter 218B; or
(b) A cardholder, as defined in KRS § 218B.010, whose use of medicinal cannabis is in compliance with KRS Chapter 218B.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 146, sec. 36, effective January 1, 2025. — Amended 2011 Ky. Acts ch. 2, sec. 16, effective June 8, 2011. — Created 1992 Ky. Acts ch. 441, sec. 19, effective July 14, 1992.
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 to the contrary notwithstanding, the maximum term of incarceration shall be no greater than forty-five (45) days.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 218A.1422 v2
- Marijuana: means all parts of the plant Cannabis sp. See Kentucky Statutes 218A.010
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
(3) This section does not apply to:
(a) A cannabis business or a cannabis business agent, as defined in KRS
218B.010, when acting in compliance with KRS Chapter 218B; or
(b) A cardholder, as defined in KRS § 218B.010, whose use of medicinal cannabis is in compliance with KRS Chapter 218B.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 146, sec. 36, effective January 1, 2025. — Amended 2011 Ky. Acts ch. 2, sec. 16, effective June 8, 2011. — Created 1992 Ky. Acts ch. 441, sec. 19, effective July 14, 1992.