Louisville, KY Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing rule
- Louisville Metro Code § 39.152
- Applies to
- Adults 21+, personal possession only
- Exceptions
- Sales, minors, DUI, violence-linked offenses
- Local penalty
- None: policy only, no fine
- State law status
- Still a Class B misdemeanor statewide
Summary
Louisville Metro directs police to make adult marijuana possession its lowest enforcement priority, but the policy carries no legal immunity and doesn't apply to sales, minors, DUI, or violence-related offenses.
Public Safety Officials shall make enforcement activity relating to marijuana possession offenses by adults their lowest enforcement priority. Law enforcement activities include, but are not limited to, investigation, citation, and arrest. This lowest enforcement priority policy shall not apply to the following: (1) Distribution or sale of marijuana; (2) Possession of marijuana by minors; (3) Driving under the influence; or (4) A marijuana offense that occurs in conjunction with or is related to an act or threat of violence...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-47: Supplement contains: Local legislation current through Ordinances passed by the Council and approved by the Mayor as of July 1, 2026).
Full Breakdown
Under Louisville Metro Code § 39.152, LMPD, Louisville Metro Department of Corrections, and other Metro peace officers must treat investigation, citation, and arrest for adult marijuana possession offenses, including public consumption, as their lowest enforcement priority. The ordinance carves out exceptions: it doesn't cover distribution or sale, possession by anyone under 21, driving under the influence, or any marijuana offense tied to violence or a threat of serious physical harm. The policy states no penalty is assessed for violating the subchapter itself, and officers may still assist state or federal agencies investigating other violations. This is departmental policy, not decriminalization, marijuana possession remains a state-law offense under KRS 218A.1422.
Violations & Fines
The ordinance itself carries no penalty: it only instructs officers to deprioritize enforcement. Possession still risks a state charge: KRS 218A.1422 makes it a Class B misdemeanor, up to 45 days in jail.
Frequently Asked Questions
Can I get arrested for smoking marijuana in public in Louisville?
Does this policy apply outside Louisville Metro's core jurisdiction?
Sources & Official References
Other rules in Louisville
Compare Louisville to another location·View the Kentucky public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.