(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.
(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: July 1, 2024
History: Amended 2023 Ky. Acts ch. 146, sec. 37, effective July 1, 2024. -- Created
1992 Ky. Acts ch. 441, sec. 20, 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. 37, was changed from
January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.
Notes of Decisions
Commonwealth v. Harrelson, 14 S.W.3d 541 (Ky. 2000).
· cites it 2× “He was cited and arrested for a violation of KRS 218A.1423(3), cultivation of marijuana, five or fewer plants, a Class A misdemeanor.”
Commonwealth v. McManus, 107 S.W.3d 175 (Ky. 2003).
· cites it 2× “09 on one count of cultivation of marijuana (KRS 218A.1423) and for being a persistent felony *177 offender (PFO) in the second degree (KRS 532.”
Davis v. Commonwealth, 120 S.W.3d 185 (Ky. Ct. App. 2003).
“Deputy Palmer testified at the suppression hearing that he could tell the handgun was loaded because he could see through the cylinder. 8 . Both the marijuana and the scale were found in plain view in the bedroom.”
Daryl Couch v. Commonwealth of Kentucky (Ky. Ct. App. 2020).
· cites it 5× “1421; it found Couch guilty of cultivation of marijuana, five or more plants, first offense, in violation of KRS 218A.1423. The trial court sentenced Smith to ten years’ imprisonment for the cultivation conviction and five years’ imprisonment for the trafficking conviction with…”
Brian Marcum v. Commonwealth of Kentucky (Ky. Ct. App. 2026).
· cites it 4× “As six of the eight plants were mere saplings, were clearly dead, and were not tested, Marcum urges this Court to conclude that the Commonwealth failed to prove that he cultivated five plants or more per KRS 218A.1423, thus entitling him to a directed verdict of acquittal.”
Giles v. Commonwealth, 577 S.W.3d 118 (Ky. Ct. App. 2019).
“KRS 218A.1423, a Class A misdemeanor. The confidential informant is not identified by name, nor is his/her prior reliability, if any, established.”
Kentucky Bar Ass'n v. Nunley, 877 S.W.2d 607 (Ky. 1994).
“The crimes for which Respondent stands convicted, and for which sentence has now been imposed, were cultivating marijuana, less than five (5) plants, in violation of KRS 218A.1423(3)(a), and criminal attempt to obtain a controlled substance by fraud in violation of KRS 506.”
James Hallon Shell v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
“” The Commonwealth’s case against Appellant centered on whether he cultivated more than five marijuana plants in violation of KRS 218A.1423(1). In order to prove the elements of the offense, the Commonwealth sought to demonstrate that Appellant was not merely an innocent and…”
— Ky. Rev. Stat. § 218A.1423(1) — 2 cases
James Hallon Shell v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
“” The Commonwealth’s case against Appellant centered on whether he cultivated more than five marijuana plants in violation of KRS 218A.1423(1). In order to prove the elements of the offense, the Commonwealth sought to demonstrate that Appellant was not merely an innocent and…”
— Ky. Rev. Stat. § 218A.1423(2) — 1 case
Brian Marcum v. Commonwealth of Kentucky (Ky. Ct. App. 2026).
“As six of the eight plants were mere saplings, were clearly dead, and were not tested, Marcum urges this Court to conclude that the Commonwealth failed to prove that he cultivated five plants or more per KRS 218A.1423, thus entitling him to a directed verdict of acquittal.”
— Ky. Rev. Stat. § 218A.1423(3) — 1 case
Commonwealth v. Harrelson, 14 S.W.3d 541 (Ky. 2000).
“He was cited and arrested for a violation of KRS 218A.1423(3), cultivation of marijuana, five or fewer plants, a Class A misdemeanor.”
— Ky. Rev. Stat. § 218A.1423(3)(a) — 1 case
Kentucky Bar Ass'n v. Nunley, 877 S.W.2d 607 (Ky. 1994).
“The crimes for which Respondent stands convicted, and for which sentence has now been imposed, were cultivating marijuana, less than five (5) plants, in violation of KRS 218A.1423(3)(a), and criminal attempt to obtain a controlled substance by fraud in violation of KRS 506.”
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