Home cultivation of marijuana is PROHIBITED in Bowling Green and across Kentucky. The state's medical cannabis program (SB 47 of 2023 as amended by HB 829 of 2024) authorizes only licensed cultivators, processors, dispensaries, and safety compounders — there is no patient-grow or caregiver-grow allowance. Personal cultivation of cannabis remains a criminal offense under KRS 218A.1422 (marijuana cultivation) regardless of medical-card status. Recreational marijuana is not legal in Kentucky.
Kentucky's medical cannabis program was created by Senate Bill 47 (2023) and significantly accelerated by House Bill 829 (2024), which authorized the Office of Medical Cannabis (housed in the Kentucky Cabinet for Health and Family Services) to begin issuing business licenses in 2024 ahead of the program's January 1, 2025 effective date. The Office of Medical Cannabis is the sole licensing authority under 915 KAR Chapter 1 (the regulatory framework adopted to implement SB 47/HB 829). The program licenses four types of businesses: cultivators, processors, safety compounders (testing labs), and dispensaries. CRITICALLY, the statute and regulations do NOT authorize patient or caregiver home cultivation — every legal cannabis plant in Kentucky must be grown by a licensed cultivator at a licensed facility. Patients with qualifying conditions (cancer, multi-symptom chronic pain, PTSD, severe nausea, muscle spasms, epilepsy and other defined conditions) may obtain medical cannabis from a licensed dispensary upon authorization from a registered medical practitioner and issuance of a state medical cannabis card. Personal cultivation of any number of marijuana plants by an unlicensed person remains a crime under KRS 218A.1422 — marijuana cultivation of less than 5 plants is a Class A misdemeanor (first offense) or Class D felony (subsequent offense); cultivation of 5 or more plants is a Class D felony (first offense) escalating to a Class C felony for subsequent offenses. Recreational adult-use marijuana is NOT legal in Kentucky. Bowling Green and Warren County have not adopted — and cannot lawfully adopt — any local home-grow allowance, because cannabis cultivation is preempted by state criminal law.
Cultivating marijuana plants at home in Bowling Green is a violation of KRS 218A.1422 with no medical exception. Penalties: less than 5 plants — Class A misdemeanor on first offense (up to 12 months in jail and $500 fine) or Class D felony on subsequent offense (1-5 years and up to $10,000); 5 or more plants — Class D felony on first offense and Class C felony on subsequent offense (5-10 years and up to $10,000). Forfeiture of equipment and the real property used in cultivation is also available under KRS 218A.410. A medical cannabis card does NOT provide a defense to a cultivation charge. Distribution of home-grown product escalates exposure to trafficking charges under KRS 218A.1421.
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