(1) A person is guilty of possession of marijuana when he or she knowingly and
unlawfully possesses marijuana, and the possession is not in compliance with, or
otherwise authorized by, KRS Chapter 218B.
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532
to the contrary notwithstanding, the maximum term of incarceration shall be no
greater than forty-five (45) days.
(3) This section does not apply to:
(a) A cannabis business or a cannabis business agent, as defined in KRS
218B.010, when acting in compliance with KRS Chapter 218B; or
(b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis
is in compliance with KRS Chapter 218B.
Effective: July 1, 2024
History: Amended 2023 Ky. Acts ch. 146, sec. 36, effective July 1, 2024. -- Amended
2011 Ky. Acts ch. 2, sec. 16, effective June 8, 2011. -- Created 1992 Ky. Acts ch.
441, sec. 19, effective July 14, 1992.
Legislative Research Commission Note (4/17/2024). The effective date of the
amendments to this statute in 2023 Ky. Acts ch. 146, sec. 36, was changed from
January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.
Notes of Decisions
Commonwealth v. Harrelson (2000)
ky · cites it 4×
“The charge was later amended to possession of marijuana, KRS 218A.1422, also a Class A misdemeanor.”
Johnson v. Commonwealth (2003)
ky
“Thus, Appellant’s convictions of possession of marijuana in violation of KRS 218A.1422 and possession of drug paraphernalia in violation of KRS 218A.”
Riley v. Commonwealth (2003)
ky · cites it 2×
“992(l)(b) because the jury found beyond a reasonable doubt that Appellant was in possession of a firearm when the offenses were committed.”
Posey v. Commonwealth (2006)
ky · cites it 2×
“In this case, simple possession of marijuana is a Class A misdemeanor, KRS 218A.1422, and those found guilty of committing that crime are subject to as much as twelve (12) months imprisonment, KRS 532.”
Goben v. Commonwealth (2016)
ky
“Goben was also convicted of illegal possession of marijuana (KRS 218A.1422) and illegal possession of drug paraphernalia (KRS 218A.”
Perkins v. Commonwealth (2007)
kyctapp
“1417; and one count of possession of marijuana, a Class A misdemeanor pursuant to KRS 218A.1422. On October 28, 2004, Perkins appeared in court with counsel and entered a plea of not guilty to the charges set forth in the indictment.”
Karim Codrington v. Jay Dolak (2025)
ca6
“The use and possession of recreational marijuana in Kentucky is illegal, see Ky. Rev. Stat. § 218A.1422, see also id. § 218B.”
Darden v. Commonwealth (2001)
ky · cites it 2×
“KRS 218A.1422, KRS 431.005. Darden says that since the stop was illegal, the fruits of that stop, inclusive of both tangible evidence and any incriminating statements attributed to Appellant, should have been suppressed.”
Commonwealth v. Gamble (2015)
ky
“However, section 16 of HB 463 amended the offense to a Class B misdemeanor, thereby carrying a lighter sentence and lesser fines. See also HB 463 §§ 7, 9, 12-15 (amending sections of KRS 218A by downgrading the misdemeanor or felony classifications for subsequent offenses).”
— Ky. Rev. Stat. § 218A.1422(1) — 1 case
— Ky. Rev. Stat. § 218A.1422(2) — 5 cases
Riley v. Commonwealth (2003)
ky
“992(l)(b) because the jury found beyond a reasonable doubt that Appellant was in possession of a firearm when the offenses were committed.”
Commonwealth v. Gamble (2015)
ky
“However, section 16 of HB 463 amended the offense to a Class B misdemeanor, thereby carrying a lighter sentence and lesser fines. See also HB 463 §§ 7, 9, 12-15 (amending sections of KRS 218A by downgrading the misdemeanor or felony classifications for subsequent offenses).”
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