New Marijuana Legalization Bill Filed in Kentucky

Legislation filed yesterday in Kentucky’s Senate would legalize the recreational use of marijuana for everyone who’s at least 21 years old.

Under the new bill filed by Senator David Yates, those 21 and older would be allowed to possess an ounce of marijuana for recreational use. A Department of Cannabis Control would be established to oversee a new legal marijuana industry, where licensed retail outlets sell marijuana and marijuana products.

The proposal would allow those with past marijuana convictions to have the charges expunged from their record, and it prevents employers from discriminating against those who use marijuana legally while not at work.

As is standard practice for a new measure, Senate Bill 382 has been assigned to the Committee on Committees.

If passed into law, SB 382 would allow licensed marijuana sales to began on July 1, 2026.

Separate legislation (House Bill 72) was filed earlier this year by Representative Nima Kulkarni. The proposed law states that a person 21 and older who “possesses, traffics, or cultivates a personal use quantity of cannabis shall not be subject to any penalty for that activity.”

Also filed this year was House Bill 420. Like SB 382, this bill would establish a system of licensed, regulated and taxed marijuana businesses. Marijuana stores would be allowed to sell marijuana and marijuana products to anyone 21 and older, with sales taxed at 9% at the possession limit for dried flower set at one ounce. The measure would also allow for expungements and provide employee protections.

In March of last year, Governor Andy Beshea signed into law legislation that legalizes the possession and use of marijuana by those with a qualifying medical condition who receive a recommendation from a physician or advanced practice registered nurse.

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