Is weed legal in Kentucky?

Kentucky

Is weed legal in Kentucky?

As of January 1, 2025, medical cannabis is legal in Kentucky for registered, qualified patients.

While recreational cannabis remains illegal in Kentucky, hemp-derived CBD products with less than 0.3% THC are legal for all residents.

Find weed dispensaries near Kentucky on Weedmaps.

Quick facts: Kentucky marijuana laws

Purchase and possession limits

​Registered patients 18 and older and designated caregivers who have a current medical marijuana card can purchase a 30-day supply of medical cannabis within a 25-day period. However, they can only keep a 10-day supply ​of medical cannabis, in its original container, on their person at any given time.

Visiting qualified patients with a current medical card and Kentucky medical registry ID can purchase a 10-day supply.

There is currently no law in Kentucky on the possession limit of hemp-derived CBD products, so anyone can purchase and possess any amount as long as the THC content doesn't exceed 0.3%.

Basic consumption limits

Qualified patients can consume medical marijuana at home and in private spaces as long as it's allowed. Smoking flower is illegal and therefore banned everywhere.

Home cultivation limits

Home cultivation is not allowed for anyone. 

Tax rates

Medical marijuana is exempt from sales and excise taxes.

Medical cannabis program in Kentucky

The Kentucky Office of Medical Cannabis in the Cabinet for Health and Family Services is responsible for implementing and administering Kentucky's Medical Cannabis Program. 

On June 1, 2023, Governor Andrew Beshear appointed Sam Flynn as Executive Director for the Kentucky Medical Cannabis Program and Special Advisor to the Governor. The Executive Director oversees the creation, design, and implementation of the Kentucky Medical Cannabis Program.​

As of April 18, 2024, the Program has filed 17 regulations establishing the processes and procedures for medical cannabis businesses and registered cardholders.

Regulations regarding cannabis businesses establish how cultivators, processors, producers, safety compliance facilities, and dispensaries will apply, become licensed, and operate in Kentucky. Regulations regarding patients, designated caregivers, and practitioners establish the procedures to receive a written certification and a medical cannabis card, supply limits, and procedures to publish a list of varieties of medical cannabis.

Licensing

The initial cannabis business license period was from July 1 to August 31, 2024. In October, November, and December of 2024, the Kentucky Lottery Corporation held lotteries to issue medical marijuana dispensary licenses to applicants.
While the initial cannabis business license period is now closed, the Office of Medical Cannabis will publish a notice of license availability on kymedcan.ky.gov, including the time frame during which license applications will be accepted and when the next cannabis business license period will be open. The Kentucky Medical Cannabis Program will only conduct a lottery when the number of eligible​ applicants exceeds the license allocation for the business category.

Qualifying conditions

The Kentucky Office of Medical Cannabis allows adults 18 and older and minors (with the help of a designated caregiver) to get a medical marijuana card as long as they have a qualifying medical condition and written certification from a qualified practitioner. 

Certified practitioners can recommend medical cannabis for any of the following debilitating medical conditions:

  • Any type or form of cancer, regardless of stage
  • Chronic or debilitating pain, epilepsy, or any other seizure disorder
  • Multiple sclerosis, muscle spasms, or spasticity
  • Chronic nausea or cyclical vomiting syndrome that has been proven resistant to other conventional medical treatments
  • Post-traumatic stress disorder (PTSD)
  • Any other medical condition or disease that the Kentucky Center for Cannabis determines

Where is it legal to buy medical cannabis in Kentucky?

Qualified medical marijuana patients 18 and older and designated caregivers can purchase medical cannabis from licensed medical cannabis dispensaries throughout Kentucky, which are expected to open in 2025. Medical dispensaries must be located more than 1,000 feet from an existing elementary or secondary school or a daycare center and may be subject to additional restrictions by local governments.​

Product types

​​Allowable medical cannabis products include edibles, oils, tinctures, vapes, and flower. Registered cardholders under 21 years of age can't purchase or use vaping products, and smoking flower is illegal for everyone.

Supply limit

​A 30-day supply of medical cannabis can consist of:

  • 112 grams of raw plant material
  • 28 grams of concentrate
  • or 3,900 milligrams of a THC-infused medical cannabis product

A 10-day supply of medical cannabis can consist 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.

Application process

The application process is the same for adults 18 and older and minors. Patients must submit their initial registry identification card application within 60 days of receiving their written certification from a physician to ensure that the written certification is still valid upon application submission. The application form is available through the Kentucky Medical Cannabis Program's website.​​

To apply and be approved for a medical cannabis card (otherwise known as a registry ID card) in Kentucky, patients and caregivers must:

  • Be a resident of Kentucky
  • Have not been convicted of a disqualifying felony offense
  • Have a qualifying medical condition
  • Visit an authorized medical cannabis practitioner and receive a written certification to use medical cannabis

Medical marijuana card applications must include the following:

  • Your full name, address, phone number, email address, date of birth, social security number, and driver's license number 
  • A written certification issued by your medical cannabis practitioner
  • The name, address, and phone number of your medical cannabis practitioner
  • The name, address, telephone number, email address, and date of birth of your designated caregiver, if applicable
  • The application fee ($25)
  • A notarized signature page signed by you

​​​Once you submit your application, the program will approve or deny it within 30 days of receiving a completed application. The identification card will be issued within five days of approval.​​

Caregivers

Medical marijuana patients under 18 must have a designated caregiver. Designated caregivers may assist up to 3 registered patients at a given time.​ Only designated caregivers can purchase and possess medical marijuana on behalf of their assigned patient(s).

To become a caregiver:

  • Provide your name, address, phone number, email address, and date of birth to the qualified patient who wants to designate you as their caregiver
  • The qualified patient must designate you as a caregiver in their application for a registry ID, and that application must be approved
  • Once the qualified patient's application is approved, you may apply to be the registered qualified patient's designated caregiver. You will need to provide your name, address, telephone number, email address, date of birth, social security number, and driver's license number, as well as the name and registry ID number of the qualified patient who designated you to be their caregiver
  • Your application must include a signed and notarized signature page 

Medical marijuana card renewal

Medical cannabis registry ID cards for both patients and caregivers are good for one year (unless the medical cannabis practitioner who issued the certification indicates that the expiration date needs to be earlier). 

To renew your medical marijuana card, you must submit a renewal application at least 30 days before the expiration date. ​​​The renewal application form will be available on the Kentucky Medical Cannabis Program website.​​

For more information on the cardholder structure and application process for patients and caregivers, visit the Kentucky Office of Medical Cannabis' Qualified Patient & Designated Caregiver Guide.

Insurance coverage

Unfortunately, insurance does not cover the costs of medical cannabis in Kentucky.

Out-of-state visitors

Remember, the sale of recreational weed in Kentucky is illegal. But medical weed is legal.

Visiting adults can buy a 10-day supply of medical marijuana during an eight-day period from a medical dispensary if:

  • You are not a resident of Kentucky or have been a resident for less than 30 days
  • You are at least 21 years of age
  • You have not been convicted of a disqualifying felony offense
  • You possess a valid out-of-state registry ID
  • You have documentation of having been diagnosed with a qualifying medical condition

Once you meet these criteria, you can follow the same steps as a registered patient to obtain a registry ID in Kentucky. These steps include submitting the required application, documentation, and fee to the program. ​

Transport restrictions

Flying with weed: Despite medical marijuana being legal in Kentucky, marijuana remains a Schedule I controlled substance under federal law. Airports are considered federal property and are subject to federal law, meaning you can still be charged with a federal crime for possessing or consuming marijuana in a U.S. airport.

Driving with weed: Although you can drive with a legal amount of medical marijuana in your vehicle in Kentucky, it's a federal crime to transport cannabis across state or international borders, so you can't take it to another state or country with you.

Legislation in Kentucky

Since Governor Andy Beshear signed Senate Bill 47 in 2023, legalizing medical marijuana sales and use to begin January 1, 2025, lawmakers have proposed several more bills regarding cannabis laws. Each bill shows progress toward Kentucky welcoming cannabis use in the commonwealth.

Accelerate licensing (HB 829)

  • Speeds up the dispensary licensing process for issuing licenses to medical marijuana dispensaries
  • Makes medical marijuana more accessible to patients by opening more dispensaries
  • Streamlines the regulatory process for new dispensaries to open
  • Addresses delays in access to medical marijuana
  • Passed in April 2024

Expand qualifying conditions (HB 571)

  • Expands list of qualifying conditions to include Crohn's disease, fibromyalgia, glaucoma, hepatitis C, HIV, Huntington's disease, muscular dystrophy, neuropathies, Parkinson's disease, severe arthritis, sickle cell disease, and any terminal illness
  • As of March 2025, HB 571 is pending approval

Decriminalization efforts (SB 36, HB 105, and SB 33)

  • Allows adults 21 and older to possess, use, buy, or sell one ounce or less of cannabis without facing criminal charges
  • Allows adults 21 and older to cultivate, harvest, and store up to five cannabis plants for personal use
  • SB 33 allows adults 21 and older to possess, cultivate, or traffic up to eight ounces or five plants of marijuana
  • As of March 2025, SB 36, HB 105, and SB 33 are pending approval

Local control provisions 

All local governments, counties, and cities in Kentucky are automatically opted in to allow cannabis business operations in their jurisdictions. Counties and municipalities must enact ordinances to establish restrictions and fees on cannabis business operations or prohibit all cannabis business operations in their jurisdictions. 

Local governments may also enact a resolution to put the question of allowing cannabis business operations within their jurisdiction on the ballot.

If a local government prohibits cannabis business operations in its jurisdiction, it must notify the Office of Medical Cannabis in writing within five days of passing such an ordinance or after the ballot question(s) results are certified​.

Hemp and CBD in Kentucky

Hemp-derived CBD products

Most of us associate Kentucky with bourbon and whiskey. In fact, according to the Kentucky Distillers' Association, Kentucky distillers produce 95% of the global bourbon supply. But that's not all The Bluegrass State does.

After it was banned in the U.S. in the 1930s, hemp production was once again made legal in Kentucky in 2013, and hemp-derived CBD use for medical patients has been legal since 2014. Kentucky has been a leader in hemp production since 1775 and has its own hemp cultivation and distribution rules through its Industrial Hemp Pilot Program, launched in 2014. 

Hemp-derived products like CBD and hemp oil are legal in Kentucky as long as the products comply with the following:

There is currently no state law in Kentucky on the possession limit of hemp-derived CBD products, so anyone can purchase and possess any amount as long as the THC content doesn't exceed 0.3%.

Legal history

1775: Kentucky leads in growing hemp

  • Kentucky begins hemp cultivation
  • The state remains a primary source of hemp into the 20th century

1937: Hemp is made illegal 

  • The Marihuana Tax Act makes hemp illegal in the U.S.
  • Kentucky farmers are encouraged to grow hemp in the 1940s to prevent the importation of jute from Asia

1970: Hemp is banned

2013: Hemp production is legalized 

  • SB 50 passes, allowing industrial hemp production in Kentucky for research purposes
  • Industrial Hemp Pilot Program launches

2014: Medical CBD is legalized

  • The 2014 Farm Bill makes agricultural hemp legal under federal law
  • SB 124 passes, allowing qualifying patients in Kentucky to purchase and consume hemp-derived CBD products with less than 0.3% THC for medical use

2017: CBD is legalized for all

  • HB 333 passes, allowing all Kentuckians to purchase and use hemp-derived CBD products with less than 0.3% THC

2023: Medical cannabis legalization bill signed into law

  • Governor Andy Beshear signs SB 47, legalizing medical cannabis for all Kentuckians beginning Jan. 1, 2025
  • Recreational cannabis remains illegal

2025: Implementation of medical cannabis program

  • Medical cannabis program launches
  • Medical cannabis dispensaries prepare to open
  • Adults 18 and older, minors, and caregivers can apply for medical marijuana cards

FAQ

When did Kentucky legalize medical cannabis?

Kentucky legalized medical cannabis for qualified patients in 2023, with the commonwealth's medical cannabis program beginning on January 1, 2025.

How do you get a medical marijuana card in Kentucky?

Once you obtain a written certification issued by a medical cannabis practitioner to purchase and use medical cannabis, you have to apply online with:

  • Your name, address, phone number, email address, date of birth, SSN, and driver's license number
  • The name, address, and phone number of your medical cannabis practitioner
  • The application fee ($25)
  • A notarized signature page signed by the applicant 

Is recreational marijuana legal in Kentucky?

No, the recreational use of marijuana is illegal in Kentucky.

What medical conditions qualify for medical cannabis in Kentucky?

  • Any type or form of cancer, regardless of stage
  • Chronic or debilitating pain, epilepsy, or any other seizure disorder
  • Multiple sclerosis, muscle spasms, or spasticity
  • Chronic nausea or cyclical vomiting syndrome that has been proven resistant to other conventional medical treatments
  • Post-traumatic stress disorder (PTSD)
  • Any other medical condition or disease that the Kentucky Center for Cannabis determines

Can employers still drug test for cannabis in Kentucky?

Yes, under Kentucky's drug-free workplace law, any employer who facilitates a drug-free workplace can test its employees for cannabis, even if they have a medical marijuana card.

Where can I find Kentucky's laws on cannabis?

You can find Kentucky's laws on cannabis here on Weedmaps or the Kentucky Office of Medical Cannabis website.

Are cannabis edibles legal in Kentucky?

Yes, medical cannabis edibles are legal to purchase and consume for qualified patients with a medical marijuana card.

The information contained in this site is provided for informational purposes only and should not be construed as medical or legal advice. Weedmaps makes no representation that the content contained here is current, accurate, or without errors. This page was last updated on April 29, 2025.

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The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on April 29, 2025.