Is Marijuana a Felony in Kentucky?

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Is Marijuana a Felony in Kentucky?

by | Sep 27, 2023 | CRIMINAL DEFENSE, DUI |

There are many felony charges associated with marijuana.  Simple possession of marijuana less than 8 ounces is still a crime and is considered a misdemeanor in Kentucky.  Possession over 8 ounces is presumed to be an amount indicative of trafficking, and will often bring felony charges for trafficking > 8 ounces, a class D felony.  Possession over 5 pounds is a class C felony, punishable by 5-10 years in prison.

Despite many changes by the governor, marijuana remains illegal in the state of Kentucky.  Your “weed card” has not been approved by state legislature until 2024 and is only for specific medical needs. Unlike many other states, it currently does not include mental health, anxiety, or depression.

In addition to the foregoing, if you possess any amount of marijuana together with a firearm (and particularly a handgun) there is a likelihood of felony charges.  Driving while under the influence of marijuana is a separate crime, under the general DUI laws located in KRS 189a.010. For more information, see related blog post.

If you have been charged with any crime, you will be best served by hiring an experienced criminal defense attorney.  For representation in Northern Kentucky, contact Michael Bouldin by filling out contact form or call 859-581-6453 (581-MIKE).