Thisis provingto be a big year for cannabis. As a result, we are ranking the fifty states from worst to best on how they treat cannabis and those who consume it. Each of our State of Cannabis posts will analyze one state and our final post will crown the best state for cannabis. As is always the case, but particularly so with this series, we welcome your comments.
This particular state was one of the hardest to place, and we know its placement may be somewhat controversial. Though this state does not have a workable medical program, it does have fairly lenient criminal laws and is a true leader in industrial hemp. The state of Kentucky comes in at number 15 in our series.
Our previous rankings are as follows: 16. Pennsylvania; 17. Delaware; 18. Michigan; 19. New Hampshire; 20. Ohio; 21.New Jersey; 22.Illinois;23.Minnesota; 24.New York; 25.Wisconsin; 26.Arizona; 27.West Virginia; 28.Indiana; 29.North Carolina; 30.Utah; 31.South Carolina; 32.Tennessee; 33.North Dakota; 34.Georgia; 35.Louisiana; 36.Mississippi; 37.Nebraska; 38.Missouri;39.Florida; 40.Arkansas; 41.Montana;42.Iowa; 43.Virginia; 44.Wyoming; 45.Texas; 46.Kansas; 47.Alabama; 48.Idaho; 49.Oklahoma; 50.South Dakota.
Kentucky
Criminal Penalities.A person possessing under 8 ounces (or one-half pound) of cannabis faces a maximum 45-day jail sentence and fine up to $250. However, acourt can place the defendant in a treatment program in lieu of any jail time and may set aside the conviction and we understand that is what generally happens. Possession of any amount over 8 ounces isevidence of an intent to sell.
Kentucky classifies offenses for selling marijuana by weight of the plant and number of prior offenses:
- Less than 8 ounces earns up to 1year in prison and a maximum fine of $500. Any subsequent offenses earn a sentence of 1-5 years in prison and a maximum $10,000 fine.
- Between 8 ounces and 5 pounds earns a sentence of 1-5 yearsand a fine of $1,000-$10,000. Any subsequent offense earns a sentence of 5-10 years and a maximum fine of $10,000.
- The sale of more than5 pounds earns a sentence of 5-10 years and a fine of $1,000-$10,000. Any subsequent offense earns a sentence of 10-20 years in prison.
Hemp.In 2014, we predicted Kentucky would lead the nation in industrial hemp. Kentucky was one of the first states to pass legislationallowing farmers to produce industrial hemp and provide regulations to implement a workable program. Kentucky was also one of the first states to legally obtain hemp seeds. The state had tofight the dreaded DEA in federal court in order to obtain those seeds. The DEA reluctantly allowedKentucky farmers to plant hemp seeds and the initial crop was a success with plants growing to shoulder height.
KentuckysDepartment of Agricultureoversees the industrial hemp program. Farmers must apply to the Department in order to grow hemp. Universities can also apply to research hemp.Kentucky Agriculture Commissioner James Comer expressed his support for the program at a 2015 news conference:
With their investment, jobs have been created, jobs are going to be created, and theyve signed contracts with family farmers. Hemp equals jobs and true economic growth, which is what we predicted when we launched Senate Bill 50 two years ago.
With support coming from the top,Kentucky hemp is likely to continue to thrive.
Medical marijuana.On April 10, 2014, Kentucky passed SB 124which allowed physicians to direct ...
