Yesterday, State Representative David Yates (D) filed legislation that would remove criminal penalties for possessing and cultivating certain amounts of marijuana.
If enacted, Senate Bill 33 would amend existing statutes to remove criminal penalties for possession up to eight ounces of marijuana, and cultivating up to five marijuana plants. Penalties for possessing over the allotted amount would be reduced, from a Class A misdemeanor (punishable by up to 12 months in jail) to a Class B misdemeanor (normally punishable by up to 90 days in jail, but the bill specifies the max penalty as 45 days). In addition, the penalty for trafficking would be reduced from a felony, to a misdemeanor.
The measure also introduces a retroactive expungement process for certain prior marijuana-related convictions, aiming to provide relief to individuals previously penalized under outdated laws.
In addition to clearing records, the bill restores voting rights to individuals whose felony marijuana convictions are expunged. To ensure transparency, the Administrative Office of the Courts is required to submit a comprehensive report on the expungement process by December 1, 2025.
Although it wouldn’t legalize marijuana, Senate Bill 33 represents a comprehensive shift in Kentucky’s approach to marijuana policy, offering both forward-looking reforms and redress for past convictions. The move comes as Kentucky’s medical marijuana program is underway, with thousands of patients already registered.
