Kentucky cannabis law

Under the Kentucky Medical Cannabis Program, medical marijuana patients or their caregivers can purchase a 30-day supply of cannabis. An uninterrupted 30-day supply of medical cannabis for cardholders consists of 112 grams of raw plant material, 28 grams of concentrate or 3,900 milligrams of THC-infused products, such as edibles.

Visiting qualified patients can legally possess a 10-day supply of cannabis, which consists of 37.5 grams of raw plant material, 9.5 grams of concentrate, or 1,300 milligrams of THC infused into a medicinal cannabis product. 

Individuals without a medical marijuana card cannot purchase cannabis in Kentucky.

Patients are not allowed to sell or distribute the medical cannabis that they purchase with their medical card, as this can only be used for treatment purposes.

Personal cultivation:

Kentucky does not allow qualifying medical cannabis patients to cultivate marijuana at home for personal use. Senate Bill 47 does not make any provisions for marijuana patients to cultivate cannabis in their homes.

Any person possessing five or more cannabis plants is presumed to be cultivating with the intent to sell, classified as a class D felony for a first offense (1-5 years in prison, $1,000-$10,000 fine). Second offenses are class C felonies. For four or fewer plants, a first offense is a class A misdemeanor (up to $500 fine, up to 12 months in jail); subsequent offenses are class D felonies. 

Commercial cultivation:

The commercial cultivation license in Kentucky is provided in four tiers and allows a business to grow cannabis. To receive the license, you need to pay an application fee. The different cultivation licenses and their fees include:

• Tier I: $10,000
• Tier II: $20,000
• Tier III: $30,000
• Tier IV: $40,000

Aside from the application fee, additional costs are involved in getting a cultivator license in Kentucky. These include fees for background checks and zoning permits. The cultivator license is valid for one year and must be renewed annually.

To qualify for a cultivator license, the applicant must have been a resident of Kentucky for at least two years, pass the criminal background check, and have a registered business. They must also provide a detailed business plan and proof of financial stability.

In Kentucky, a medical marijuana patient who is housebound or a minor can appoint an official caregiver to assist in purchasing, possessing, and administering the state-permitted amount of medical cannabis. Senate Bill 47 allows patients younger than 18 years or patients with disabilities to designate a caregiver.

To be a caregiver in Kentucky, a person must be 21 years or older, a resident of Kentucky, and must not have been convicted of a disqualifying felony offense. Caregivers can assist up to three registered qualifying marijuana patients, with a purchase limit of a 30-day supply of cannabis per patient.

A primary caregiver must be the custodial parent or legal guardian responsible for health care decisions for a minor patient, or a person designated by the patient or the patient’s guardian. Additionally, any individual appointed as a guardian, limited guardian, conservator, or limited conservator is also eligible to be designated as a caregiver by the person for whom they have been appointed. They must pay a fee of $25 during the application process.

The main responsibility of a medical marijuana caregiver is to ensure that the patient is using cannabis responsibly. The caregiver is in charge of purchasing and managing the medical cannabis. It’s essential to stay updated with the latest news in Kentucky to protect your patients. Keep your patient’s documents safe and up to date, especially when assisting a minor. Also, caregivers are meant to respect the confidentiality of a patient’s medical information and avoid selling or consuming the cannabis purchased for patients.

Veterans in Kentucky who require medical marijuana treatment because of their physical and mental health conditions can apply for a medical card. Kentucky permits veterans to apply for and use medical cannabis like every other patient. If you meet the qualifying conditions, you can receive medical marijuana treatment as a veteran.

Under federal law, marijuana is a Schedule One controlled substance. The Department of Veterans Affairs holds this stance. Veterans in Kentucky are entitled to VA benefits despite using marijuana, but they cannot use marijuana on VA grounds or receive physician certification from a VA doctor. 

At Dr. Weedy, we fully support veterans who require a medical marijuana card for different qualifying conditions. To show our dedication, we provide exclusive discounts to veterans who applied for medical marijuana certification, providing access to affordable care. Click here to learn more about our veteran’s discount program.

Medical marijuana patients in Kentucky who have a disability can access cannabis through their caregivers. The designated caregiver is meant to help in the purchase, transportation, possession and responsible use of medical marijuana. Dr. Weedy simplifies getting a new card through an easy-to-navigate online platform. This way, persons with disabilities can receive a medical marijuana card in Kentucky.

Our certification process is 100% remote, providing easy access to Kentucky residents with disabilities. You can book a consultation with your physician through telemedicine and complete the application online from the comfort of your home. Then, your caregiver can assist with the responsible use of medical cannabis.

A reciprocity program is when a state permits individuals from other states to purchase medical marijuana with their medical card. According to Section 10(5) of SB 47, visiting qualified patients with an out-of-state registry identification card or necessary documentation can purchase medical cannabis in Kentucky. 

It is possible to obtain medical cannabis and/or apply for a registry identification card as a visiting qualified patient if you are in Kentucky with a valid out-of-state medical cannabis card. But, you must meet certain criteria:

• You are not a resident of Kentucky or have been for less than 30 days.
• You have not been convicted of a disqualifying felony offense.
• You are at least 21 years old.
• You have a valid out-of-state medical card.
• You have documentation of being diagnosed with a qualifying medical condition.

Meeting these criteria would give you a visiting qualified patient card valid for a year. A visiting patient can only purchase a 10-day supply of medical cannabis during a given 8-day period.

Patients in Kentucky often wonder whether they can obtain a medical marijuana card for conditions like PTSD, chronic pain and autism spectrum disorder. The Kentucky Medical Cannabis Program lists post-traumatic stress disorder (PTSD) and severe, chronic, intractable or debilitating pain as part of its qualifying conditions. ASD has not been added to the list of qualifying conditions, and Kentucky does not allow applicants to get a medical card if their medical condition is not on the list. 

• PTSD: Post Traumatic Stress Disorder is a mental condition that happens when a patient experiences or witnesses a traumatic event and has not yet recovered. The symptoms of this condition include nightmares, anxiety and hyperarousal. In Kentucky, PTSD is on the list of qualifying conditions. It is important to consult a physician in Kentucky on whether you need medical marijuana treatment for PTSD. 

• Chronic Pain: Severe, chronic, intractable or debilitating pain caused by a medical condition or disease is also a qualifying condition. Cannabis has proven effective in pain relief. If you are experiencing chronic pain, consult with your physician to decide whether this treatment is suitable for you. 

Autism Spectrum Disorder: Autism Spectrum Disorder is not yet recognized as a qualifying condition under Kentucky law. Also, the Kentucky Medical Cannabis Program does not accept patients whose medical conditions are not on the list.

In Kentucky, medical marijuana patients have limited employment protections. According to SB 47, employers retain the right to restrict cannabis use and possession in the workplace. Furthermore, employees may face termination for cannabis use if their employer prohibits it, as outlined in KRS 218B.040.

Kentucky law allows employers to establish and enforce zero-tolerance drug policies, drug-free workplace rules, and drug-testing protocols. Employers are also authorized to prohibit or restrict the use of equipment, machinery, or power tools by medical marijuana patients if it poses an unreasonable safety risk.

Employees who are cardholders can be assessed for cannabis impairment through behavioral evaluations and drug testing. If an employer determines an employee is impaired, the employee bears the burden of proving non-impairment. Consuming medicinal cannabis at work, being under its influence while working, or testing positive for cannabis in violation of workplace policies can lead to termination and disqualification from unemployment benefits under KRS Chapter 341.

While employers cannot face penalties for hiring medical marijuana cardholders, they are protected from wrongful termination lawsuits related to cannabis use. Additionally, employers are not obligated to accommodate medical cannabis use in the workplace or allow cannabis-related activities on their property.