Kentucky
Kentucky has no adult-use cannabis law. Senate Bill 47, signed March 31, 2023, created KRS Chapter 218B and a medical-only program administered by the Office of Medical Cannabis; the chapter took statutory effect on January 1, 2025, and the first retail sale followed on December 13, 2025, at a dispensary in Beaver Dam. The operational market is less than six months old. The number of operating dispensaries has risen across that period, from 1 in December 2025 to 6 in February 2026, 12 in May 2026, and 16 as of June 7, 2026. The state awarded 16 cultivator licenses in an October 28, 2024 lottery and 48 dispensary licenses across two lotteries in November and December 2024; 9 cultivators and 16 dispensaries are operational. That works out to 1.96 operating cultivators per million residents and 0.35 operating dispensaries per 100,000 residents. As of June 2, 2026 more than 23,700 Kentuckians had been approved for medical cannabis cards, with more than 11,000 patient registry cards issued as of May 2026. Medicinal cannabis is exempt from both sales and excise taxes. The state publishes no aggregate sales figure, so the market's dollar size cannot be quantified from public records.
Licensing & Market
Kentucky awarded 16 cultivator licenses in an October 28, 2024 lottery and 48 dispensary licenses across lotteries in November and December 2024. Of those, 9 cultivators and 16 dispensaries are operational — activation rates of 56.3 percent and 33.3 percent respectively, on a license base set by initial regulatory caps rather than open licensing. There are 1.96 operating cultivators per million residents and 0.35 operating dispensaries per 100,000 residents. Initial license numbers are capped: the cultivator and dispensary totals were fixed by lottery and by the regional structure in 915 KAR 1:020, which sets at least four dispensary licenses in each of 11 medicinal-cannabis regions plus additional licenses in the Fayette and Jefferson urban jurisdictions. The cabinet reviews license numbers quarterly beginning January 1, 2025. Licenses are transferable with cabinet approval. There is no owner-residency requirement; the inaugural cultivator and processor lottery was won predominantly by out-of-state companies. Vertical integration is permitted with structural restrictions: KRS 218B.080 establishes separate license types requiring a separate license per location, and a producer license bundling cultivation and processing is limited to one cultivation and one processing facility. Kentucky uses an opt-out model under KRS 218B.130, in which local governments are permitted by default and may prohibit cannabis businesses by ordinance or referendum; the state publishes no clean statewide tally of permitting versus prohibiting jurisdictions. The cultivator application fee ranges from $3,000 at Tier I to $30,000 at Tier IV; the dispensary application fee is $5,000 and the dispensary annual renewal fee is $30,000. The state tracks product through Metrc.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | 16 | [5] |
| Cultivator licenses operational | 9 | [6] |
| Cultivator activation rate | 56.3% | [7] |
| Operating cultivators per million | 1.96 | [8] |
| Retail licenses awarded | 48 | [9] |
| Retail licenses operational | 16 | [10] |
| Retail activation rate | 33.3% | [11] |
| Dispensaries per 100k | 0.35 | [12] |
| Vertical integration | allowed with restrictions | [13] |
| License caps exist | Yes | [14] |
| Licenses transferable | Yes | [15] |
| Residency required | No | [16] |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Metrc | [17] |
| Cultivator application fee | $3,000 | [18] |
| Cultivator annual fee | $12,000 | [19] |
| Retail application fee | $5,000 | [20] |
| Retail annual fee | $30,000 | [21] |
Consumer Rules
The program serves registered patients and caregivers only. Home cultivation is not permitted — KRS 218B.035 prohibits cultivation by anyone other than a licensed cannabis business or its agent. Kentucky meters purchases to a 30-day supply per 25-day period rather than a flat possession cap; the 30-day supply is 112 grams of raw plant material (3.95 ounces), 28 grams of concentrate, or 3,900 milligrams of THC in infused products. Not all product forms are legal. Smoking of medicinal cannabis is prohibited and dispensaries may not sell accessories used solely for smoking; permitted forms are non-smoked flower for vaporization, concentrates, oils, tinctures, edibles, and topicals. Potency is capped under KRS 218B.095: raw plant material at 35 percent delta-9 THC, edibles, oils, and tinctures at 10 milligrams delta-9 THC per serving, and other products at 70 percent delta-9 THC; vitamin E acetate is banned. Delivery to registered patients and caregivers is legal under 915 KAR 1:080; the state publishes no count confirming patient delivery is operating at scale, so its operational status is not stated here. No licensed on-site consumption category exists.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [22] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | Yes | [23] |
| Delivery operational | Not available in the public record | — |
| Consumption lounges legal | No | [24] |
| Consumption lounges count | 0 | [25] |
| Purchase limit, flower (oz) | 3.95 | [26] |
| Purchase limit, concentrate (g) | 28 | [27] |
| Purchase limit, edibles (mg) | 3900 | [28] |
| All product forms legal | No | [29] |
| Restricted product forms | Smoking of medicinal cannabis is prohibited and dispensaries may not sell accessories used solely for smoking (KRS 218B.035(1)(g)). Potency caps (KRS 218B.095(2)(b)): raw plant material limited to 35% delta-9 THC; products intended for oral consumption as an edible, oil, or tincture limited to 10 mg delta-9 THC per serving; all other products limited to 70% delta-9 THC; vitamin E acetate banned. Permitted forms: non-smoked flower (for vaporization), concentrates, oils, tinctures, edibles, topicals. | [30] |
Taxation
Kentucky levies no tax on medicinal cannabis. The Office of Medical Cannabis states that medical cannabis is exempt from both sales and excise taxes: the controlled-substance excise is made inapplicable by KRS 218B.155, and the state's general 6 percent sales tax does not apply under KRS 139.470 as amended by SB 47. There is no cannabis excise tax, no potency tax, and no wholesale tax, and no local cannabis sales tax is authorized. The total effective consumer tax rate is 0 percent. The program is funded by license and application fees retained by the cabinet under KRS 218B.080, not by cannabis tax revenue. Because no cannabis tax exists, there is no tax-revenue figure to report — the absence reflects the structure of the program, not a reporting gap.
| Field | Value | Source |
|---|---|---|
| Excise tax | Not available in the public record | — |
| Excise tax type | none | [32] |
| Sales tax | 0% | [33] |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | No | [34] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | 0% | [35] |
| Medical tax exempt | Yes | [36] |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | No | [37] |
| Tax direction | unchanged | [38] |
Operator Data
The operational market is less than six months old, with the first retail sale on December 13, 2025. Kentucky publishes no public wholesale or retail price index and no aggregate sales figure. Because medicinal cannabis is exempt from sales and excise taxes, there is no tax-derived public sales base from which a market total could be drawn. Total sales, per-capita sales, year-over-year growth, wholesale volume, operator margins, and price compression are therefore not available from public records — not because the activity does not occur, but because the regulator publishes no such series and no proprietary data is used here. The state has issued 16 cultivator licenses, all from the single October 2024 round, of which 9 are operational. The public record does not yet support a figure for license attrition.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | 16 | [39] |
| Current cultivation licenses | 16 | [40] |
Consumer Data
Kentucky residents are served by 0.35 operating dispensaries per 100,000 residents as of June 7, 2026. The state publishes no per-capita sales figure and no retail price series, so consumer-level spending and price trends cannot be stated from public sources. No estimate of legal-market capture — the share of consumption met by licensed dispensaries versus the unregulated market — is available in the public record.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | 0.35 | [12] |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Kentucky's medical cannabis program contains no social-equity component. SB 47 and 915 KAR Chapter 1 establish no equity license set-aside, no equity fund, and no income-based eligibility for licensing; licenses were awarded by blind random lottery without equity criteria. The state publishes no ownership-demographic reporting for licensees, so minority-owned and women-owned shares are not available. There is no community-reinvestment mechanism. SB 47 created no cannabis-specific expungement or record-clearing program; Kentucky offers only generally applicable petition-based misdemeanor expungement under KRS 431.078. These are absences by design rather than data gaps.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [41] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [42] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [43] |
| Expungement automatic | Not available in the public record | — |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
Kentucky tracks regulated product seed-to-sale through Metrc, the exclusive statewide monitoring system required under KRS 218B.140. Finished products must be tested across 10 categories under 915 KAR 1:110, including cannabinoid concentration, terpenoids, residual solvents, pesticides, heavy metals, microbial impurities, mycotoxins, water activity, yeast and mold, and vitamin E acetate. Beyond the tracking and testing requirements, the operational metrics of enforcement are not available: inspection counts, enforcement actions against licensees, illicit-market enforcement actions, regulatory budget and staffing, per-batch testing cost, product recalls, and the fine schedule are not published in a form that can be sourced. The program began retail operations in December 2025 and has not yet published an annual enforcement or inspection report. This section is therefore largely NOT_AVAILABLE — not because enforcement does not occur, but because the regulator does not report these figures.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Metrc | [17] |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | 10 | [44] |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
SB 47, enacted in 2023 with conforming criminal amendments effective July 1, 2024, exempted compliant cardholders and licensed cannabis businesses from the existing KRS 218A cannabis offenses without increasing any penalty class; the net direction is lighter, while the underlying non-medical penalty tiers are unchanged. Simple possession is never a felony in Kentucky — possession of cannabis is a Class B misdemeanor capped at 45 days of incarceration regardless of amount under KRS 218A.1422 — though possession of 8 ounces or more is prima facie evidence of trafficking intent. Unlicensed cultivation of five or more plants is a Class D felony for a first offense and a Class C felony for a subsequent offense under KRS 218A.1423. Trafficking is charged by weight under KRS 218A.1421, where five or more pounds is a Class C felony for a first offense and a Class B felony, carrying 10 to 20 years, for a subsequent offense. A cardholder who exceeds the 30-day supply, or who smokes or publicly vapes medicinal cannabis, forfeits the legal protections of KRS Chapter 218B and reverts to the KRS 218A penalties. Kentucky sets no per se THC blood limit for impaired driving, applying an impairment standard under KRS 189A.010. The state's pre-legalization racial arrest disparity was the second-highest in the nation: according to the ACLU, using 2018 arrest data, Black Kentuckians were 9.4 times more likely than white Kentuckians to be arrested for cannabis possession. No post-program arrest or disparity series is available, and SB 47 created no cannabis-specific expungement program.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Marijuana cultivation of five (5) or more plants is a Class D felony (1-5 years) for a first offense and a Class C felony (5-10 years) for a second or subsequent offense; fewer than five plants is a Class A misdemeanor (first offense) / Class D felony (subsequent) (KRS 218A.1423). Cultivation in compliance with KRS Chapter 218B by a licensed cannabis business is exempt. | [45] |
| Max penalty, unlicensed sale | Trafficking in five (5) or more pounds of marijuana is a Class C felony (5-10 years) for a first offense and a Class B felony (10-20 years) for a second or subsequent offense; 8 oz-5 lb is a Class D felony (first) / Class C felony (subsequent); under 8 oz is a Class A misdemeanor (first) / Class D felony (subsequent) (KRS 218A.1421). Compliant licensed sale is exempt. | [46] |
| Felony threshold (grams) | 226.8 | [47] |
| Felony threshold type | sale | [48] |
| Penalty, possession over limit | A cardholder who exceeds the cabinet-set 30-day supply loses the legal protections of KRS Chapter 218B and is subject to KRS 218A.1422 — possession of marijuana is a Class B misdemeanor with incarceration capped at 45 days. Possession of 8 oz or more is prima facie evidence of trafficking intent (KRS 218A.1421(5)), exposing the person to felony trafficking penalties. | [49] |
| Penalty, public consumption | Using or consuming marijuana by smoking forfeits all KRS Chapter 218B legal protections (KRS 218B.035(1)(g)); vaping medicinal cannabis on any form of public transportation, in any public place (KRS 525.010), or in any place of public accommodation is prohibited (KRS 218B.035(1)(h)). Unprotected use reverts to KRS 218A penalties (possession = Class B misdemeanor). | [50] |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [51] |
| Penalties increased post-legalization | No | [52] |
| Penalty direction | lighter | [53] |
| Penalty direction details | SB 47 (2023 Ky. Acts ch. 146), with conforming amendments effective July 1, 2024, created KRS Chapter 218B and amended the KRS 218A marijuana offenses (218A.1421/.1422/.1423) to exempt compliant cardholders and licensed cannabis businesses from prosecution. No marijuana penalty class was increased. The underlying recreational penalty tiers are unchanged; the net effect is lighter because medical use within the program is now legal. | [54] |
| Post-legalization arrests (annual) | Not available in the public record | — |
| Racial disparity ratio | 9.4 | [55] |
| Expungement exists | No | [43] |
| Expungement automatic | Not available in the public record | — |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Kentucky https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Kentucky https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ Dashboard compilation date 2026-06-07. Statute/regulation citations current; operational counts (dispensaries, cultivators, patients) are dated [SECONDARY] figures from early June 2026. Population is Census Vintage 2024 (July 1, 2024).
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates (NST-EST2024-POP), Kentucky July 1, 2024 = 4,588,372 https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ KY Office of Medical Cannabis Oct 28, 2024 lottery results — 16 cultivator licenses awarded (10 Tier I + 4 Tier II + 2 Tier III; no Tier IV awarded in the initial round) https://governor.ky.gov/attachments/20241028_KOMC_Lottery_Cultivators-and-Processors.pdf
- ↑ [SECONDARY] Spectrum News 1 / program updates — 9 licensed cultivators operating as of April 2026 (of 16 awarded) https://spectrumnews1.com/ky/louisville/news/2026/04/22/medical-cannabis-update
- ↑ CALC: 9 operational / 16 awarded x 100 = 56.3%.
- ↑ CALC: 9 operational cultivators / (4,588,372 / 1,000,000) = 1.96 per million.
- ↑ 48 dispensary licenses awarded by lottery (36 on Nov 25, 2024 + 12 on Dec 16, 2024). Structure set by 915 KAR 1:020 Sec 3: 11 medicinal cannabis regions, AT LEAST 4 dispensary licenses per region (44), plus at least 2 additional each in the regions containing Fayette (Lexington urban-county) and Jefferson (Louisville consolidated) governments = 48 floor. The cabinet awarded exactly 48 in the initial round https://apps.legislature.ky.gov/law/kar/titles/915/001/020/
- ↑ KY Office of Medical Cannabis 'Find a Dispensary' list — 16 dispensaries operational as of June 7, 2026 (of 48 awarded) https://kymedcan.ky.gov/patients-and-caregivers/Pages/Find-A-Dispensary.aspx
- ↑ CALC: 16 operational / 48 awarded x 100 = 33.3%.
- ↑ CALC: 16 operational dispensaries / (4,588,372 / 100,000) = 0.35 per 100K.
- ↑ KRS 218B.080 establishes separate license types (4 cultivator tiers, processor, dispensary, producer, safety compliance facility), each requiring a separate license per location; a 'producer' license combines cultivation and processing (one cultivation + one processing facility per producer license, KRS 218B.080(4)(b)). Common cross-category ownership is not expressly prohibited in statute, so vertical integration is permitted with structural restrictions https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54038
- ↑ Initial license numbers are capped: 16 cultivators + 10 processors awarded by lottery Oct 28, 2024, and 48 dispensaries (915 KAR 1:020 regional structure) awarded Nov/Dec 2024. The cabinet reviews license numbers quarterly beginning Jan 1, 2025 (915 KAR 1:020 Sec 11) https://apps.legislature.ky.gov/law/kar/titles/915/001/020/
- ↑ KRS 218B.080(6) — the cabinet shall approve a license holder's sale of a license issued under this section if the purchaser and any new facilities meet the chapter's requirements https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54038
- ↑ KRS Chapter 218B and 915 KAR Chapter 1 impose no owner-residency requirement; the initial cultivator/processor lottery was won predominantly by out-of-state cannabis companies https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54038
- ↑ KY Office of Medical Cannabis selected Metrc as the exclusive statewide seed-to-sale electronic monitoring system (required under KRS 218B.140); all license types must use Metrc https://www.metrc.com/partner/kentucky/
- ↑ 915 KAR 1:010 Sec 2 — initial application fee by cultivator tier: Tier I $3,000, Tier II $10,000, Tier III $20,000, Tier IV $30,000. Scalar shows the entry-tier (Tier I) fee; full tier schedule in _notes https://apps.legislature.ky.gov/law/kar/titles/915/001/010/
- ↑ 915 KAR 1:010 Sec 4 — annual renewal fee by cultivator tier: Tier I $12,000, Tier II $25,000, Tier III $50,000, Tier IV $100,000. Scalar shows the entry-tier (Tier I) fee; full tier schedule in _notes https://apps.legislature.ky.gov/law/kar/titles/915/001/010/
- ↑ 915 KAR 1:010 Sec 2 — dispensary initial application fee = $5,000 https://apps.legislature.ky.gov/law/kar/titles/915/001/010/
- ↑ 915 KAR 1:010 Sec 4 — dispensary annual renewal fee = $30,000 https://apps.legislature.ky.gov/law/kar/titles/915/001/010/
- ↑ KRS 218B.035(1)(i) — cultivating marijuana is prohibited unless the person is licensed by the cabinet as a cannabis cultivator or producer (or an agent thereof); the program authorizes no patient home cultivation https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55794
- ↑ 915 KAR 1:080 Sec 2 authorizes a dispensary to operate a delivery service for registered qualified patients and designated caregivers https://apps.legislature.ky.gov/law/kar/titles/915/001/080/
- ↑ KRS Chapter 218B / 915 KAR Chapter 1 create no on-site consumption venue license; smoking is prohibited and public/vehicular use forfeits protection (KRS 218B.035). No licensed consumption-lounge category exists https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55794
- ↑ No state-licensed on-site consumption category exists; count = 0 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55794
- ↑ 915 KAR 2:020 Sec 1 — an uninterrupted 30-day supply is 112 grams of raw plant material (= 3.95 oz). Kentucky meters purchases to a 30-day supply per 25-day period (KRS 218B.025(6)); there is no separate per-transaction cap https://apps.legislature.ky.gov/law/kar/titles/915/002/020/
- ↑ 915 KAR 2:020 Sec 1 — an uninterrupted 30-day supply is 28 grams of concentrate https://apps.legislature.ky.gov/law/kar/titles/915/002/020/
- ↑ 915 KAR 2:020 Sec 1 — an uninterrupted 30-day supply is 3,900 milligrams of THC infused into a medicinal cannabis product https://apps.legislature.ky.gov/law/kar/titles/915/002/020/
- ↑ Not all forms are legal: smoking is prohibited and smoking accessories may not be sold (KRS 218B.035(1)(g)), and potency caps apply (KRS 218B.095(2)(b)) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54289
- ↑ KRS 218B.095(2)(b)1-4: no raw plant material over 35% delta-9 THC; no edible/oil/tincture over 10 mg delta-9 THC per serving; no other product over 70% delta-9 THC; no vitamin E acetate. KRS 218B.035(1)(g): no smoking https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54289
- ↑ n/a
- ↑ No cannabis excise tax exists. KRS 218B.155 makes the controlled-substance excise (KRS 138.870-138.889) inapplicable to compliant medicinal cannabis, and the Office of Medical Cannabis states medical cannabis is exempt from sales and excise taxes https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54296
- ↑ KY Office of Medical Cannabis (Banking & Taxes FAQ): 'Medical cannabis will be exempt from sales and excise taxes.' The sales-and-use-tax exemption is codified at KRS 139.470 (as amended by SB 47); Kentucky's general 6% sales tax does not apply to medicinal cannabis. Effective consumer sales-tax rate = 0% https://kymedcan.ky.gov/FAQs/Pages/Banking-and-Taxes-Questions.aspx
- ↑ No cannabis tax of any kind exists (medical cannabis is exempt from sales and excise taxes); therefore no potency-based tax https://kymedcan.ky.gov/FAQs/Pages/Banking-and-Taxes-Questions.aspx
- ↑ Medicinal cannabis is exempt from sales and excise taxes (KY OMC); no local cannabis sales tax is authorized (KRS 218B.130 permits local licensing/establishment fees, not a consumer sales tax). Total effective consumer tax rate = 0% https://kymedcan.ky.gov/FAQs/Pages/Banking-and-Taxes-Questions.aspx
- ↑ KY Office of Medical Cannabis: 'Medical cannabis will be exempt from sales and excise taxes.' Reinforced by KRS 218B.155 (controlled-substance excise inapplicable) https://kymedcan.ky.gov/FAQs/Pages/Banking-and-Taxes-Questions.aspx
- ↑ No cannabis tax has been created; medicinal cannabis remains exempt from sales and excise taxes since the program's inception https://kymedcan.ky.gov/FAQs/Pages/Banking-and-Taxes-Questions.aspx
- ↑ Unchanged — medicinal cannabis is and has been tax-exempt; no rate to change https://kymedcan.ky.gov/FAQs/Pages/Banking-and-Taxes-Questions.aspx
- ↑ 16 cultivator licenses awarded in the Oct 28, 2024 lottery (program's first and, to date, only cultivator licensing round) — current peak https://governor.ky.gov/attachments/20241028_KOMC_Lottery_Cultivators-and-Processors.pdf
- ↑ 16 cultivator licenses currently issued (10 Tier I + 4 Tier II + 2 Tier III from the Oct 28, 2024 lottery); 9 reported operational as of April 2026 https://governor.ky.gov/attachments/20241028_KOMC_Lottery_Cultivators-and-Processors.pdf
- ↑ SB 47 (KRS Chapter 218B) and 915 KAR Chapter 1 establish no social-equity license program, equity-licensee set-aside, or equity fund; licenses were awarded by random lottery without equity criteria https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54038
- ↑ No equity fund exists; SB 47 created no equity fund and license/application fees are retained by the cabinet for administrative purposes (KRS 218B.080(3)) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54038
- ↑ SB 47 / KRS Chapter 218B created no cannabis-specific expungement or record-clearing program. Kentucky offers only generally applicable petition-based misdemeanor expungement (KRS 431.078), not a legalization-linked program https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=53446
- ↑ 915 KAR 1:110 Sec 2(1) — finished medicinal cannabis products must be tested across 10 categories: THC/cannabinoid concentration; terpenoid type & concentration; residual solvents & processing chemicals; residual pesticides; heavy metals; microbial impurities; mycotoxins; water activity; yeast & mold; vitamin E acetate https://apps.legislature.ky.gov/law/kar/titles/915/001/110/
- ↑ KRS 218A.1423 — marijuana cultivation of 5+ plants is a Class D felony (first) / Class C felony (subsequent); fewer than 5 plants is a Class A misdemeanor (first) / Class D felony (subsequent). Licensed cultivation compliant with KRS Ch. 218B is exempt https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54300
- ↑ KRS 218A.1421 — trafficking 5+ lb = Class C felony (first) / Class B felony (subsequent); 8 oz-5 lb = Class D (first)/Class C (subsequent); under 8 oz = Class A misdemeanor (first)/Class D felony (subsequent). Compliant licensed sale is exempt https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54298
- ↑ KRS 218A.1421 — trafficking 8 oz (226.8 g) or more is a felony (Class D first offense). Simple possession (KRS 218A.1422) is never a felony in Kentucky (Class B misdemeanor regardless of amount) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54298
- ↑ KRS 218A.1421 — the 8-oz felony threshold applies to trafficking/sale; 8+ oz also creates prima facie trafficking intent (218A.1421(5)) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54298
- ↑ KRS 218A.1422 — possession of marijuana is a Class B misdemeanor, max 45 days incarceration; a cardholder exceeding the 30-day supply loses KRS Ch. 218B protection. 8+ oz = prima facie trafficking intent (218A.1421(5)) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54299
- ↑ KRS 218B.035(1)(g)-(h) prohibit smoking and public/transit vaping (public places per KRS 525.010, places of public accommodation per KRS 344.130); KRS 218B.035(3)(a) is the operative forfeiture clause — a person who smokes or publicly vapes 'shall not benefit from the legal protections afforded by this chapter,' reverting to KRS 218A penalties https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55794
- ↑ KRS 218B.035(2) — operating a vehicle under the influence of medicinal cannabis carries the same penalties as alcohol-impaired driving under KRS 189A.010 (impairment standard); Kentucky sets no numeric per se THC blood limit and no cannabis zero-tolerance provision https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55794
- ↑ SB 47 (2023 Ky. Acts ch. 146) amended KRS 218A.1421/.1422/.1423 only to add compliant-medical-use exemptions; no marijuana penalty class was increased https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54298
- ↑ Net lighter — SB 47 legalized compliant medical use and exempted cardholders/licensed businesses from the KRS 218A marijuana offenses; the underlying recreational penalty tiers are unchanged https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54298
- ↑ SB 47 conforming amendments (effective July 1, 2024) inserted 'not in compliance with, or otherwise authorized by, KRS Chapter 218B' into KRS 218A.1421/.1422/.1423 and added cardholder/cannabis-business exemptions; no penalty was increased https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54298
- ↑ [SECONDARY] ACLU, 'A Tale of Two Countries' (2020; 2018 arrest data) and ACLU of Kentucky — Black Kentuckians were 9.4x more likely than white Kentuckians to be arrested for marijuana possession (second-highest disparity in the nation), a pre-legalization baseline https://www.aclu-ky.org/en/2020marijuanadata