Kentucky Statewide Rule

Kentucky Prohibits Home Cultivation of Cannabis Statewide

Heavy RestrictionsApplies statewide across Kentucky (2026)

Key Facts

Cultivation statute: KRS 218A.1423
Medical program: KRS Chapter 218B
Home grow: Prohibited statewide
5+ plants: Class D felony
Effective: Medical: Jan 1, 2025

Last verified: September 5, 2026Source: Commonwealth of Kentucky

Summary

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.

218A.1423 Marijuana cultivation - Penalties. (1) A person is guilty of marijuana cultivation when he or she knowingly and unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer it, and the cultivation is not in compliance with, or otherwise authorized by, KRS Chapter 218B. (2) Unless authorized by KRS Chapter 218B, marijuana cultivation of five (5) or more plants of marijuana is: (a) For a first offense a Class D felony. (b) For a second or subsequent offense a Class C felony. (3) Unless authorized by KRS Chapter 218B, marijuana cultivation of fewer than five (5) plants is: (a) For a first offense a Class A misdemeanor. (b) For a second or subsequent offense a Class D felony.

Source: Commonwealth of KentuckyView official code

Full Breakdown

KRS 218A.1423 makes cultivating fewer than five marijuana plants a Class A misdemeanor for a first offense and cultivating five or more plants a Class D felony, with penalties escalating for repeat offenses. 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.

Violations & Penalties

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.

Frequently Asked Questions

Can Kentucky medical cannabis patients grow at home?

No. KRS Chapter 218B does not authorize home cultivation. Patients must purchase from state-licensed dispensaries; growing remains a criminal offense regardless of cardholder status.

Can a Kentucky city legalize personal cannabis grows?

No. State criminal statutes preempt local action. Cities cannot authorize cultivation that remains a felony or misdemeanor under KRS 218A.1423.

Sources

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