Is Marijuana Illegal?

Possession of marijuana is still illegal in Kentucky, even though many other states have legalized possession and authorized it as having medicinal value. Possession of under 8 ounces is a misdemeanor and over that amount may bring felony charges. Also, possession of any amount together with a handgun will likely bring felony charges.

One interesting area will be when a person is prosecuted in Kentucky while holding a valid prescription from another state. I believe the full faith and credit argument would apply. I do not believe, however, that you can possess in Kentucky simply because you can possess in Ohio legally; but that a prescription should hinder the prosecution.

Interestingly, marijuana remains on the books as a federal crime as well. While federal prosecutors have not chosen to prosecute sale or possession, it remains as a crime. I would be very interested in the first prosecution of a state or state-run entity by a federal prosecutor.

Recently, Cincinnati has voted to decriminalize possession of under 100 grams (about 4 ounces) of marijuana. The law remains on the books for the state of Ohio. If you intend to smoke, you would be much safer with a prescription. Additionally, it remains illegal to smoke and drive under Ohio OVI laws.

If you have been charged with possession of any drug, even marijuana, you should hire an attorney. If you pay the fine, you have pled guilty and it will remain on your criminal record. Call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com for more information or consultation.

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