Kentucky (yes, that’s right, Kentucky) reduces marijuana penalties!

Last update: March 16, 2011

After sailing through the House (97-2) and Senate (38-0), H.B. 463 — a sensible sentencing reform bill that reduces the penalty for up to eight ounces of marijuana — was signed into law by Gov. Steve Bashear (D) on March 3.

On June 24, the new law will reduce personal possession of less than eight ounces of marijuana from a Class A misdemeanor, with a penalty of up to a year in jail, to a Class B misdemeanor, with a maximum 45 day jail term.

Additionally, it appears that individuals solely accused of marijuana possession will be cited — not arrested — under H.B. 463. If there are reasonable grounds to believe the individual will appear in court, H.B. 463 provides that police may not arrest people for misdemeanors. There are some exceptions that should not apply when the only issue is marijuana possession and the defendant follows reasonable instructions.

H.B. 463 will also reduce penalties for other low-level drug offenses to probation and addiction treatment, rather than prison. Currently, one fourth of Kentucky’s prison population is serving time for drug-related offenses. H.B. 463 was based on the recommendations from a report by the Task Force on the Penal Code and Controlled Substances Act, which was created to find cheaper alternatives to incarceration.

In preparation for next year’s session, let us now all work together to encourage lawmakers to further improve marijuana policies and law enforcement priorities. Please ask your legislators to support reducing the penalty for marijuana possession to a non-criminal fine, as is the case in Mississippi and Ohio.

Learn more about Kentucky's marijuana laws

Dubiously, Kentucky is tied for third in the nation in marijuana arrest rates and marijuana penalties for possession of one ounce (which, until June 24, 2011, carries up to one year in jail along with a $500 fine). In 2007, Kentucky arrested a whopping 20,329 people for marijuana offenses. Please write to your legislators and ask them to stop arresting people for possessing marijuana, or to end marijuana prohibition entirely. You can learn more about Kentucky’s marijuana laws by reading this report by economist Jon Gettman, Ph.D.

Medical Marijuana

Sadly, not one Kentucky legislator came forward in 2011 on behalf of sick and dying patients who use medical marijuana to introduce a stand-alone bill to protect them. Please send your state legislators an e-mail today letting them know that you still hope to see legislative language introduced in 2012 that would provide medical marijuana patients with the protections they need. In addition to writing your legislators, you can find out how else you can help here.

If you are supportive and are a medical professional, a seriously ill patient who might benefit from medical marijuana, a law enforcement official, a clergy member, or a member of the legal community, or you know someone else that is, please e-mail state@mpp.org to see how you can be of special help. Please include your address or nine-digit ZIP code.

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