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Marijuana Laws in Kentucky

Marijuana remains a crime in the state of Kentucky. With changes in marijuana laws throughout the US, Kentucky has not changed much in the way of their marijuana laws, prosecution and legality.

It is still illegal to possess or sell marijuana within the state of Kentucky, regardless of .  IF you have a valid prescription from another state and the prescription is filled in another state, then there is at least a good argument that the state is required to give full faith and credit to the other state.  This is guaranteed by the 14th Amendment to the US Consitution.

Unfortunately for most defendants that I have represented, while they express this claim, they fail to produce the actual prescription.  If you are charged with possession of marijuana, the burden shifts from the state to the defendant to prove a valid defense to the charge.

Kentucky also has a law that all prescriptions must be in their original container.  That container is provided by the pharmacist and contains the prescription information.  As such, if you had a prescription for medical marijuana filled in another state, you should keep the drugs in the Rx bag with the proper labeling.  

There are other defenses as well as other options if you are charged in Kentucky.  Often for a first offense, a defendant may be eligible for misdemeanor diversion.  This is an opportunity to keep a clean criminal record, but often includes an education course and community service.

If you have been charged with drug possession or distribution/trafficking in Kentucky, call the Bouldin Law Firm.  Contact mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE) for a consultation.

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