Kentucky Statutes 218A.1423 v2 – Marijuana cultivation — Penalties. (Effective January 1, 2025)
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(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:
For details, see § 532.060 and § 532.090
(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.
(4) Unless authorized by KRS Chapter 218B, the planting, cultivating, or harvesting of five (5) or more marijuana plants shall be prima facie evidence that the marijuana plants were planted, cultivated, or harvested for the purpose of sale or transfer.
(5) This section does not apply to a cannabis business or a cannabis business agent, as defined in KRS § 218B.010, when acting in compliance with KRS Chapter 218B.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 146, sec. 37, effective January 1, 2025. — Created 1992 Ky. Acts ch. 441, sec. 20, effective July 14, 1992.
(2) Unless authorized by KRS Chapter 218B, marijuana cultivation of five (5) or more plants of marijuana is:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 218A.1423 v2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Marijuana: means all parts of the plant Cannabis sp. See Kentucky Statutes 218A.010
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
- Second or subsequent offense: means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense. See Kentucky Statutes 218A.010
- Transfer: means to dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution. See Kentucky Statutes 218A.010
(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.
(4) Unless authorized by KRS Chapter 218B, the planting, cultivating, or harvesting of five (5) or more marijuana plants shall be prima facie evidence that the marijuana plants were planted, cultivated, or harvested for the purpose of sale or transfer.
(5) This section does not apply to a cannabis business or a cannabis business agent, as defined in KRS § 218B.010, when acting in compliance with KRS Chapter 218B.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 146, sec. 37, effective January 1, 2025. — Created 1992 Ky. Acts ch. 441, sec. 20, effective July 14, 1992.