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Kentucky

Regulatory Framework

In Kentucky, the regulation of the cannabis industry is under the jurisdiction of commonwealth health departments and public safety departments. The governance framework is designed to enforce the commonwealth laws strictly, ensuring that medical cannabis is managed effectively.

In November 2024, more than 100 cities and counties voted to opt-in to the commonwealth's medical cannabis program [11] which the commonwealth has mapped [13].

Legal Status

Market Status Act/Law Year
Adult-Use Illegal 218A.1422 Possession of marijuana -- Penalty [1] 2024
Medical Legal Senate Bill 47 [3] 2023
Homegrow Illegal 218A.1421 Trafficking in marijuana Penalties [2] 2024

Track-and-Trace

Kentucky selected Metrc as the provider for its seed-to-sale tracking system outside of the public procurement process. [4]

Licensing

License Type Description
Tier I Cultivator 2,500 sq. ft. canopy [5] [12]
Tier II Cultivator 10,000 sq. ft. canopy [5] [12]
Tier III Cultivator 25,000 sq. ft. canopy [5] [12]
Tier IV Cultivator 50,000 sq. ft. canopy [5] [12]
Processor License to process and extract raw and intermediate cannabis material into intermediate and end-user products [6] [12]
Producer Tier IV Cultivator + Processor License [7] [12]
Dispensary License to sell and deliver cannabis products directly to patients [8] [12]
Safety Compliance Facility License to test cannabis products for safety and compliance [9] [12]

Possession Limits

Item Possession Limit
General Public Class B up to Class A misdemeanor (<8 oz), Class D felony (>8 oz), Class C felony (>5 lbs) [1] [2]
Medical Patients 30-day supply [10]
Visiting Patients 10-day supply for registered out-of-commonwealth patients [10]
Homegrow Illegal Class D felony (>8 oz), Class C felony (>5 lbs) [2]

Medical Cannabis

Patients in Kentucky looking to use medical cannabis must be residents, over 18 years of age (or have an assigned caregiver), and must not have been convicted of a disqualifying felony offense. Registration requires a written certification from a medical practitioner for a qualifying condition [16].

Additional Resources

References