Only for registered medical patients. Kentucky’s medical cannabis program took effect January 1, 2025, but recreational marijuana is still illegal, and possessing it without a medical card is a Class B misdemeanor with up to 45 days in jail. Registered patients may carry a 10-day supply and keep a 30-day supply at home, and smoking cannabis remains prohibited for everyone, as of October 16, 2026. Dispensaries are now open in all 11 of the state’s licensing regions.
This guide covers Kentucky’s medical program, penalties for everyone else, the end of the out-of-state purchase pardon, driving and hemp. It is general information, not legal advice.
Kentucky Cannabis Laws at a Glance
| Topic | The rule in Kentucky | Source |
|---|---|---|
| Legal status | Medical only, for registered cardholders; recreational use illegal | KRS 218A.1422, KRS Chapter 218B |
| Possession without a card | Class B misdemeanor: up to 45 days in jail and $250 fine | KRS 218A.1422, KRS 534.040 |
| Medical limits | 10-day supply on your person; 30-day supply at home | KRS 218B.025 |
| 30-day supply | 112 g (4 oz) raw plant material, 28 g concentrates or 3,900 mg THC-infused products | Office of Medical Cannabis |
| Age | Patients 18+ buy their own; minors only through a caregiver parent or guardian; vapes 21+ | KRS 218B.025; Office of Medical Cannabis |
| Smoking | Prohibited, even for patients | KRS 218B.035 |
| Home grow | Illegal; fewer than 5 plants is a Class A misdemeanor for a first offense | KRS 218A.1423 |
| Driving | DUI if impaired; marijuana is excluded from the per se drug list | KRS 189A.010 |
| Dispensaries | 26 operating in all 11 licensing regions, per the governor (state directory listed 25); 48 licenses issued | Governor’s office, Oct. 16, 2026 |
| Taxes | Medical cannabis exempt from sales and excise taxes | Office of Medical Cannabis |
| Regulator | Office of Medical Cannabis, Cabinet for Health and Family Services | kymedcan.ky.gov |
Is Marijuana Legal in Kentucky?
Only through the medical program. Senate Bill 47, signed March 31, 2023, created Kentucky’s medical cannabis program, which took effect January 1, 2025, according to the Kentucky Office of Medical Cannabis. The law is codified in KRS Chapter 218B. Outside that program, possession, cultivation and sale remain crimes under KRS Chapter 218A.
In April 2026 the Justice Department moved marijuana held under a state medical marijuana license to federal Schedule III; adult-use and unlicensed marijuana stay in Schedule I. See our federal marijuana law guide.
Marijuana Penalties in Kentucky Without a Medical Card
- Possession, any amount: a Class B misdemeanor with a maximum of 45 days in jail under KRS 218A.1422, and a fine up to $250 under KRS 534.040.
- 8 ounces or more: treated as prima facie evidence of intent to sell under KRS 218A.1421. Trafficking under 8 ounces is a Class A misdemeanor for a first offense; 8 ounces to under 5 pounds is a Class D felony (1 to 5 years); 5 pounds or more is a Class C felony (5 to 10 years).
- Paraphernalia: a Class A misdemeanor under KRS 218A.500, punishable by up to 12 months in jail and a $500 fine. Medical cannabis accessories used by cardholders are excluded.
Kentucky’s Medical Cannabis Program
Who qualifies
Under KRS 218B.010, qualifying conditions are any type of cancer, chronic severe or debilitating pain, epilepsy or other intractable seizure disorders, multiple sclerosis or muscle spasms or spasticity, chronic nausea or cyclical vomiting syndrome resistant to other treatment, and post-traumatic stress disorder, plus conditions added through the Kentucky Center for Cannabis. In February 2026 the Office of Medical Cannabis sent legislative leaders a recommendation to expand the list, but the change came by executive action instead of a new law.
On June 2, 2026, Gov. Andy Beshear signed Executive Order 2026-318, which directed the Office of Medical Cannabis to issue an emergency regulation clarifying the statutory definition (governor’s release). The result, 915 KAR 2:050E, was filed the same day. It does not add new categories to the statute. Instead it uses a symptom-based test: a condition can qualify when one of its underlying symptoms is a condition already listed in the law, such as chronic pain or nausea, and a registered practitioner diagnoses or confirms it. The regulation names 15 conditions the Kentucky Board of Physicians and Advisors recommended for express inclusion: ALS, Parkinson’s disease, Huntington’s disease, muscular dystrophy, Crohn’s disease, ulcerative colitis, sickle cell anemia, cachexia or wasting syndrome, neuropathies, severe arthritis, fibromyalgia, HIV, AIDS, glaucoma and terminal illness. The state’s July 2026 practitioner guide says these examples are “not a complete list.” A permanent version, 915 KAR 2:050, was filed alongside the emergency rule. A bill to expand conditions, HB 401, did not get a committee hearing in 2026, and Republican legislative leaders objected to the order, the Marijuana Policy Project reported, so patients who qualify only under one of the 15 should watch the regulation’s status.
Getting a card
Patients need a written certification from a registered medicinal cannabis practitioner after an in-person exam, then apply through the state portal. During that first in-person visit the practitioner must establish a bona fide relationship, review a 12-month prescription history report from KASPER, the state’s drug monitoring system, and diagnose or confirm a qualifying condition; the certification is submitted electronically within 24 hours, per the state’s practitioner guide. The patient application fee is $25, and the application requires uploading a notarized signature page pledging not to divert cannabis. Patients under 18 cannot possess or buy cannabis themselves and use it only with a parent or guardian serving as designated caregiver. Caregivers must be Kentucky residents, 21 or older, and may assist up to three patients under KRS 218B.055.
How much patients can buy and carry
A registered patient may keep a 30-day supply at home, carry a 10-day supply, and buy no more than a 30-day supply in any 25-day period, under KRS 218B.025. The Office of Medical Cannabis defines those supplies in its transportation guide:
- 30-day supply: 112 grams (4 ounces) of raw plant material, 28 grams of concentrates or 3,900 milligrams of THC in infused products
- 10-day supply: 37.5 grams of raw plant material, 9.5 grams of concentrates or 1,300 milligrams of THC in infused products
A practitioner may raise or lower these amounts in the written certification. Outside the home, cannabis must stay in its original dispensary container and the patient must carry the registry card.
Products, dispensaries and taxes
Allowed products include edibles, oils, tinctures, vapes and raw plant material, and only adults 21 and older may buy vaping products. Smoking is prohibited: KRS 218B.035 excludes smoking from medical use, and raw plant material must be labeled “not intended for consumption by smoking.” Vaping in public places or on public transportation is also prohibited. The Office reports it has issued 48 dispensary licenses. As of October 16, 2026, 26 dispensaries were operating in all 11 licensing regions after Sunnyside Dispensary opened in Prestonsburg on October 12 as the Mountain Region’s first store, according to the governor’s office; the state’s Find a Dispensary directory, last updated October 14, listed 25, so call ahead before you drive. The Office’s FAQ says medical cannabis is exempt from sales and excise taxes.
Visiting patients
Kentucky accepts out-of-state medical cards. A visitor 21 or older with a valid out-of-state registry card and documentation of a qualifying condition may possess a 10-day supply and buy no more than a 10-day supply in any 8-day period, under KRS 218B.025 and 218B.055. Visitors may also apply for a Kentucky visiting patient card.
Buying Medical Cannabis Out of State: The Pardon Has Ended
Executive Order 2022-798, issued by Gov. Andy Beshear, gave Kentuckians who bought medical cannabis out of state a path to a pardon for possession under KRS 218A.1422. According to the Office of Medical Cannabis, Executive Order 2026-361 rescinds that order, and starting July 1, 2026, cardholders who buy medical cannabis out of state may face law enforcement action and lose eligibility for the pardon. The state’s transportation guide also lists traveling over state lines with medical cannabis as prohibited.
Growing Marijuana in Kentucky
Home growing is illegal for everyone, including cardholders; only licensed cultivators may grow. Under KRS 218A.1423, cultivating fewer than 5 plants is a Class A misdemeanor for a first offense, and 5 or more plants is a Class D felony and prima facie evidence of intent to sell.
Driving and Cannabis in Kentucky
Driving while under the influence of any substance that impairs driving ability is a DUI under KRS 189A.010. Kentucky’s per se list, which makes the mere presence of certain drugs in the blood a DUI, covers “any Schedule I controlled substance except marijuana,” so cannabis cases rest on impairment. A first offense within 10 years carries a $200 to $500 fine, 48 hours to 30 days in jail, or both. Patients may not keep cannabis within arm’s reach while driving and must store it so it takes at least two steps to access, under KRS 218B.035.
Hemp, CBD and Delta-8 in Kentucky
Hemp is cannabis with less than 0.3% THC by dry weight, and Kentucky law keeps hemp and hemp products outside the medical cannabis program, as the Office of Medical Cannabis explains. Federal hemp rules change soon: a November 2025 federal law moves hemp to a total-THC standard, caps finished products at 0.4 milligrams of total THC per container and excludes cannabinoids synthesized or converted outside the plant. Under a September 2026 extension (H.R. 6500), products with cannabinoids the plant cannot naturally produce lose hemp status November 12, 2026, and the cap reaches products with naturally occurring cannabinoids on December 11, 2026. The federal exclusion reaches delta-8 made from CBD on December 11, 2026 as well.
What Changed in Kentucky Cannabis Law Recently
- Renewal fee waiver (2025): Executive Order 2025-355 waived the $25 renewal fee in 2026 for anyone approved for a card in 2025.
- Out-of-state pardon rescinded (2026): Executive Order 2026-361 ended the 2022 pardon for out-of-state purchases as of July 1, 2026.
- Qualifying conditions (2026): The Office of Medical Cannabis recommended expanding the list in February 2026. On June 2, 2026, Executive Order 2026-318 directed emergency regulation 915 KAR 2:050E, which clarifies the statutory definition with a symptom-based test and names 15 conditions, including fibromyalgia, Crohn’s disease, Parkinson’s disease and glaucoma.
- Dispensaries in every region (2026): With Sunnyside Dispensary’s October 12 opening in Prestonsburg, the governor reported 26 operating dispensaries across all 11 licensing regions as of October 16, 2026. Read more: Kentucky Medical Cannabis Is Now in All 11 Regions.
- Federal rescheduling (2026): State-licensed medical marijuana moved to federal Schedule III in April 2026.
Kentucky Marijuana Laws FAQ
Is weed legal in Kentucky?
Only for registered medical cannabis patients. Recreational marijuana is illegal, and possession without a card is a Class B misdemeanor with up to 45 days in jail and a $250 fine.
How much medical cannabis can you carry in Kentucky?
A 10-day supply, which the state sets at 37.5 grams of raw plant material, 9.5 grams of concentrates or 1,300 milligrams of THC in infused products. Patients may keep a 30-day supply at home.
Can you smoke medical marijuana in Kentucky?
No. Smoking is prohibited under KRS 218B.035. Patients may use edibles, oils, tinctures, vapes and raw plant material by non-smoking methods.
Can tourists buy medical marijuana in Kentucky?
Visiting patients 21 or older with a valid out-of-state medical card and proof of a qualifying condition may buy up to a 10-day supply in any 8-day period. Recreational tourists cannot buy.
Can Kentuckians still buy medical cannabis in other states?
Not without risk. Executive Order 2026-361 rescinded the 2022 pardon, and from July 1, 2026, cardholders who buy out of state may face enforcement and lose pardon eligibility.
Is delta-8 legal in Kentucky?
Hemp-derived products are outside the medical program. Federal law excludes cannabinoids synthesized or converted outside the plant from the hemp definition, and products with naturally occurring THC face a 0.4 milligram total-THC-per-container cap on December 11, 2026; the federal exclusion reaches delta-8 made from CBD on that same date. Check current state rules before buying.
Does fibromyalgia qualify for medical cannabis in Kentucky?
It can. Fibromyalgia is one of 15 conditions named in emergency regulation 915 KAR 2:050E, issued under Executive Order 2026-318, when a registered practitioner diagnoses or confirms it along with a qualifying underlying symptom such as chronic pain.
How many medical cannabis dispensaries are open in Kentucky?
The governor’s office reported 26 operating dispensaries in all 11 licensing regions as of October 16, 2026; the state directory listed 25 as of October 14. The state has issued 48 dispensary licenses.
More Cannabis Law Guides
Compare every state on our cannabis laws by state page and follow rescheduling in our federal marijuana law guide. Kentucky’s neighbors are covered in the Ohio, West Virginia, Virginia and Tennessee guides.
Neighboring state guides: Indiana · Ohio · West Virginia · Virginia · Tennessee · Missouri · Illinois · All state cannabis laws
General information about Kentucky cannabis law as of October 16, 2026, not legal advice.