Is Weed Legal in Kentucky? (2026)

Instrument

Medicinal cannabis patient protections; possession of marijuana penalty; dispensary THC caps

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54279

Retrieved

2026-11-07

Fingerprint

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218B.025 Registered and visiting qualified patients -- Designated caregivers --
Exemption from prosecution -- Limitations on amount of cannabis to be in
possession.
(1) A registered qualified patient, except as provided in subsection (2) of this section
and KRS 218B.035, shall not be subject, under the laws of the Commonwealth, to
arrest, prosecution, or denial of any right or privilege, including but not limited to a
civil penalty or disciplinary action by a court or occupational or professional
licensing board, for the use of medicinal cannabis, if the registered qualified patient
does not possess more than:
(a) An amount of medicinal cannabis determined by the cabinet to constitute an
uninterrupted thirty (30) day supply at his or her residence;
(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his
or her residence, in accordance with administrative regulations promulgated
pursuant to KRS 218B.140(1)(c)6.; or
(c) An amount of medicinal cannabis determined by the cabinet to constitute an
uninterrupted ten (10) day supply on his or her person, except that an amount
greater than a ten (10) day supply may be transported by a registered qualified
patient from a dispensary to his or her residence if the medicinal cannabis is
contained in a sealed package that requires at least a two (2) step process for
initial opening.
(2) A registered qualified patient who is under eighteen (18) years of age shall not be
permitted to possess, purchase, or acquire medicinal cannabis and shall only engage
in the use of medicinal cannabis with the assistance of a designated caregiver who
is the registered qualified patient's parent or legal guardian responsible for
providing consent for medical treatment.
(3) A visiting qualified patient shall not be subject, under the laws of the
Commonwealth, to arrest, prosecution, or denial of any right or privilege, including
but not limited to civil penalty or disciplinary action by a court or occupational or
professional licensing board, for the use of medicinal cannabis, if the visiting
qualified patient does not possess more than an amount of medicinal cannabis
determined by the cabinet to constitute an uninterrupted ten (10) day supply on his
or her person.
(4) A designated caregiver shall not be subject, under the laws of the Commonwealth,
to arrest, prosecution, or denial of any right or privilege, including but not limited to
civil penalty or disciplinary action by a court or occupational or professional
licensing board, for assisting a registered qualified patient to whom the designated
caregiver is connected through the cabinet’s registration process with the use of
medicinal cannabis if the designated caregiver does not possess more than:
(a) An amount of medicinal cannabis determined by the cabinet to constitute an
uninterrupted thirty (30) day supply at his or her residence for each registered
qualified patient to whom the caregiver is connected through the cabinet’s
registration process;
(b) An amount of medicinal cannabis in excess of a thirty (30) day supply at his
or her residence for each registered qualified patient to whom the caregiver is
connected through the cabinet’s registration process, in accordance with
administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.; or
(c) An amount of medicinal cannabis determined by the cabinet to constitute an
uninterrupted ten (10) day supply on his or her person for each registered
qualified patient to whom the caregiver is connected through the cabinet’s
registration process, except that an amount greater than a ten (10) day supply
may be transported by a designated caregiver from a dispensary to his or her
residence if the medicinal cannabis is contained in a sealed package that
requires at least a two (2) step process for initial opening.
(5) (a) All medicinal cannabis possessed by a cardholder outside of his or her
residence shall be kept in the original container in which the cardholder
received the medicinal cannabis from a dispensary.
(b) When a cardholder possesses medicinal cannabis outside of his or her
residence, the cardholder shall also be in possession of a valid registry
identification card issued by the cabinet or, for visiting qualified patients, a
valid out-of-state registry identification card and documentation of having
been diagnosed with a qualifying medical condition.
(6) Notwithstanding subsections (1), (3), and (4) of this section and except as provided
in administrative regulations promulgated pursuant to KRS 218B.140(1)(c)6.:
(a) A registered qualified patient shall not be permitted to purchase more
medicinal cannabis than the amount determined by the cabinet to constitute an
uninterrupted thirty (30) day supply of medicinal cannabis during a given
twenty-five (25) day period;
(b) A designated caregiver shall not be permitted to purchase more medicinal
cannabis than the amount determined by the cabinet to constitute an
uninterrupted thirty (30) day supply of medicinal cannabis for each registered
qualified patient to whom the caregiver is connected through the cabinet’s
registration process during a given twenty-five (25) day period; and
(c) A visiting qualified patient shall not be permitted to purchase more medicinal
cannabis than the amount determined by the cabinet to constitute an
uninterrupted ten (10) day supply of medicinal cannabis during a given eight
(8) day period.
(7) A cardholder shall not be subject, under the laws of the Commonwealth, to arrest,
prosecution, or denial of any right or privilege, including but not limited to a civil
penalty or disciplinary action by a court or occupational or professional licensing
board, for:
(a) Possession of cannabis that is incidental to the use of medicinal cannabis;
(b) Possession of medicinal cannabis accessories; or
(c) Transferring medicinal cannabis to a safety facility for testing.
(8) No person shall be subject, under the laws of the Commonwealth, to arrest,
prosecution, or denial of any right or privilege, including but not limited to a civil
penalty or disciplinary action by a court or occupational or professional licensing
board, for:
(a) Selling medicinal cannabis accessories to a cardholder who is over eighteen
(18) years of age upon presentation of a valid registry identification card
issued by the cabinet or, for visiting qualified patients, a valid out-of-state
registry identification card and documentation of having been diagnosed with
a qualifying medical condition;
(b) Being in the presence or vicinity of the use of medicinal cannabis as allowed
under this chapter; or
(c) Assisting a registered qualified patient or visiting qualified patient with using
or administering medicinal cannabis. For purposes of illustration and not
limitation, this includes preparing raw plant material or brewing tea for a
registered qualified patient or visiting qualified patient. It does not include
providing medicinal cannabis to a patient that the patient did not already
possess.
(9) Notwithstanding any other provision of law to the contrary, a registered qualified
patient who is injured or defrauded, including by theft or deprivation of use and
benefit of any money, personal property including medicinal cannabis, or articles of
value of any kind, by his or her designated caregiver shall have a civil cause of
action in Circuit Court to recover the actual damages sustained, together with the
cost of the lawsuit, including a reasonable fee for the individual’s attorney of record.
Effective: January 1, 2025
History: Created 2023 Ky. Acts ch. 146, sec. 4, effective January 1, 2025.

218A.1422 Possession of marijuana -- Penalty -- Maximum term of incarceration.
(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.
(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: July 1, 2024
History: Amended 2023 Ky. Acts ch. 146, sec. 36, effective July 1, 2024. -- Amended
2011 Ky. Acts ch. 2, sec. 16, effective June 8, 2011. -- Created 1992 Ky. Acts ch.
441, sec. 19, effective July 14, 1992.
Legislative Research Commission Note (4/17/2024). The effective date of the
amendments to this statute in 2023 Ky. Acts ch. 146, sec. 36, was changed from
January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.

218B.110 Dispensary and dispensary agent -- Permissible actions -- Requirements -
- Liability in civil actions for failure to comply.
(2) A dispensary or dispensary agent acting on behalf of a dispensary shall:
(e) Not acquire, possess, dispense, sell, offer for sale, transfer, or transport:
1. Raw plant material with a delta-9 tetrahydrocannabinol content of more
than thirty-five percent (35%);
2. Medicinal cannabis products intended for oral consumption as an edible,
oil, or tincture with more than ten (10) milligrams of delta-9
tetrahydrocannabinol per serving;
3. Any medicinal cannabis product not described in subparagraph 1. or 2.
of this paragraph with a delta-9 tetrahydrocannabinol content of more
than seventy percent (70%); or
4. Any medicinal cannabis product that contains vitamin E acetate;