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#Kentucky Laws - Penalties

Paraphernalia

Penalty Details

Possession

Possession of up to 8 ounces of marijuana is a Class B misdemeanor, which is punishable by a maximum sentence of 45 days imprisonment and a maximum fine of $250.

Possession of 8 ounces or more of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it. - See Sale or Trafficking for penalties

• KRS § 218A.050(3)
• KRS § 218A.276
• KRS § 218A.1421 .1422

Sale or Trafficking

The sale or trafficking of less than 8 ounces is a Class A misdemeanor for a first offense which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $500.

A second or subsequent offense for trafficking or selling less than 8 ounces of marijuana is a Class D felony, punishable by a sentence of 1-5 years imprisonment and a fine of not more than $10,000.

The sale or trafficking of 8 ounces- less than 5 pounds is a Class D felony which is punishable for a first offense by 1-5 years imprisonment and a fine of $1,000-$10,000. A second of subsequent violation of this section is a Class C felony, punishable by a sentence of 5-10 years imprisonment and a fine of not over $10,000.

The sale or trafficking of 5 pounds or more is a Class C felony which is punishable for a first offense by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000. For a second or subsequent violation of this section, the offender will be guilty of a Class B felony, which is punishable by a sentence of 10-20 years imprisonment.

The sale to a minor is a Class C felony which is punishable by a sentence of 5-10 years imprisonment and a fine of $1,000-$10,000.

A subsequent conviction for the sale to a minor is a Class B felony which is punishable by a sentence of 10-20 years imprisonment and a fine of $1,000-$10,000.

The sale within 1,000 yards of a school or park is a felony which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.

• KRS § 218A.1401 .1421
• KRS §§ 532.020. 060. 090
• KRS §§ 534.030 .040

Cultivation

Cultivation of fewer than 5 plants is a Class A misdemeanor for a first offense, which is punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500. For a second or subsequent offense, the offender will be charged with a Class D felony, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000.

Cultivation of 5 plants or more is a Class D felony for a first offense, which is punishable by 1-5 years imprisonment and a fine of $1,000-$10,000. A second or subsequent offense is a Class C felony which is punishable by 5-10 years imprisonment and a fine of $1,000-$10,000.

• KRS § 218A.1423
• KRS § 532.060 .090

Hash Concentrates

Hashish is listed as Schedule I hallucinogenic substance, but is punished exactly the same as marijuana infractions. See the penalties for marijuana above for further details on specific penalties.

• KRS § 218A.010(21)
• KRS § 218A.050(3)
• Com. v. McGinnis. 641 S.W.2d 45 (Ky. Ct. App. 1982).

Paraphernalia

Possession of paraphernalia is a Class A misdemeanor which is punishable by a maximum sentence of one year imprisonment and a maximum fine of $500.

• KRS § 218A.500

Miscellaneous

Prohibited activities

Unless another specific penalty is provided, any person who violates one of the following:

Trafficking in any controlled substance except as authorized by law. Dispensing, prescribing, distributing, or administering any controlled substance except as authorized by law,

for a first offense, shall be guilty of a Class D felony and a Class C felony for subsequent offenses.

Any person who is convicted of any violation above who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:

Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or Be penalized as a Class D felony if the offense would otherwise be a misdemeanor.