Penalties for Possession, Sale, or Trafficking Marijuana in Kentucky

Although the laws relating to marijuana appear to be changing dramatically throughout the United States in recent years, the possession sale, or trafficking of marijuana remains illegal in most states as well as under federal law. If you have been arrested and charged with a marijuana related criminal offense in Kentucky it is important for you to understand the penalties you face if convicted. Only an experienced Kentucky criminal defense attorney can review the specific facts and circumstances of your case and provide you with individualized advice; however, the following is a brief explanation of the current (as of 2014) state of the laws relating to possession and/or sale or trafficking of marijuana.

Offense                                               Incarceration             Fine (up to)

Possession less than                                 45 days                      $250

8 oz. as a first offense

Sale or Trafficking of:

Less than 8 oz (first offense)                    1 year                        $ 500

Less than 8 oz (subsequent offense)       1 – 5 years                $ 10,000

8 oz – 5 lbs (first offense)                           1 – 5 years                $ 10,000

8 oz – 5 lbs (subsequent offense)              5 – 10 years             $ 10,000

5 lbs or more (first offense)                       5 – 10 years             $ 10,000

5 lbs or more (subsequent offense)          10 – 20 years          $ 10,000

Special Circumstances

Sale to a minor (first offense)                    5 – 10 years             $ 10,000

Sale to a minor (subsequent offense)       10 – 20 years          $ 10,000

Within 1000 yards of a school or park      1 – 5 years              $ 10,000

Cultivation

Less than 5 plants (first offense)                  1 year                   $ 500

Less than 5 plants (subsequent offense)     1 – 5 years           $ 10,000

5 plants or more (first offense)                     1 – 5 years            $ 10,000

5 plants or more (subsequent offense)        5 – 10 years         $ 10,000

With the exception of possession of less than eight ounces as a first time offense and cultivation of less than five plants as a first offense, both of which are misdemeanors, all other marijuana related offenses in Kentucky are felony offenses. Not only do felonies carry with them harsher judicial penalties if convicted but a felony on your record.  A felony record can also impact future employment, financial aid for higher education, eligibility for state and federal assistance programs, and even your rights to visitation with a minor child.

If you have been charged with a  marijuana related offense in Kentucky be sure to consult with an experienced Kentucky criminal defense attorney as soon as possible.

The criminal defense attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience handling misdemeanor and felony criminal cases. This experience has enabled the attorneys to achieve the best possible results for their clients time and time again. Your case is important to you; therefore, it is important to us. We represent clients in Hardin County, Jefferson County, and surrounding counties from our offices in Radcliff and Elizabethtown and Louisville.

Contact us at (270) 351-6069 or 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form. We look forward to meeting with you to discuss your legal options for collecting compensation for your injuries.