A bill filed today in the Kentucky Senate would legalize marijuana possession, cultivation and even low-level “trafficking,” for those 21 and older, while creating a pathway to expunge past convictions. The proposal is a companion to House Bill 72, filed last month in the House by State Rep. Nima Kulkarni (D).
Senate Bill 164, sponsored by Senator Gary Clemons (D), creates a new section of KRS Chapter 218A stating that adults who possess, cultivate, or “traffic” a personal use quantity of cannabis “shall not be subject to any penalty,” and that such activity “shall not be considered a criminal offense” or grounds for arrest.
The legislation defines a personal use quantity as:
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One ounce or less of cannabis flower
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Five grams or less of concentrates or resin
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Cannabis products containing up to 1,000 mg of delta-9 THC and 1,000 mg of delta-8 THC
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Five or fewer cannabis plants
Under the bill, Kentuckians on probation, parole, or conditional release could not have their supervision revoked for possessing or growing these amounts.
The proposal amends Kentucky’s trafficking and cultivation statutes so that a person who “traffics” or cultivates a personal use quantity would be fully exempt from criminal penalties. In practical terms, this means that transferring small amounts without compensation, or growing up to five plants, would no longer be treated as criminal conduct.
In addition, SB 164 makes significant changes to how marijuana interacts with Kentucky’s broader criminal justice system. The bill:
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Prevents forfeiture of property tied to personal-use cannabis amounts
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Excludes cannabis from drug testing requirements for probation conditions
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Removes personal-use quantities from the state’s cannabis stamp tax requirements
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Adjusts multiple statutes so that personal-use amounts are carved out of criminal penalties
Perhaps most notably, the bill creates a new section allowing expungement of certain past cannabis convictions and applies portions of the reform retroactively.
The bill was filed today and referred to the Committee on Committees.
