Kentucky law prohibits home cultivation of cannabis by patients, caregivers, and the general public. The medical cannabis program created under KRS Chapter 218B does not authorize personal grows, and recreational cultivation remains a felony under KRS 218A.1423.
KRS 218A.1423 makes marijuana cultivation a Class B misdemeanor for under five plants and a Class D felony for five or more plants for a first offense, escalating with quantity. The medical cannabis law in KRS Chapter 218B, effective January 1, 2025, licenses cultivators, processors, producers, and dispensaries but explicitly prohibits patient or caregiver home cultivation. Cardholders may only purchase from licensed dispensaries. Cities and counties cannot authorize home cultivation regardless of medical status because state criminal law preempts. Hemp under 0.3 percent THC is regulated separately under KRS Chapter 260.
Home growing five or more plants is a Class D felony, punishable by one to five years in prison plus fines, with enhanced penalties for repeat offenses or quantities over five plants.
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