As Kentucky works to implement a recently passed medical cannabis policy, a lawmaker filed legislation this week that would end all penalties, including arrest, for simple possession and use of recreational marijuana by adults 21 and older. It would also allow adults to grow a small number of cannabis plants at home for personal use. Commercial sales, however, would remain prohibited.
The limited legalization measure, HB 72, was introduced Tuesday by Rep. Nima Kulkarni (D), who this time last year introduced a measure that would have let voters decide whether to legalize use, possession and home cultivation. The lawmaker previously introduced a similar noncommercial legalization proposal for the 2022 legislative session.
“For decades, the failed and irrational War on Drugs has ensured that we have arrested, prosecuted and jailed millions of Americans for low level nonviolent drug offenses,” Kulkarni said a year ago.
Under the new proposal, adults could possess up to an ounce of marijuana in plant form, five grams of cannabinoids derived from hemp or marijuana, products containing 1,000 milligrams or less of delta-8 and delta-9 THC or five or fewer cannabis plants.
Possession above the personal use limit would be considered a Class B misdemeanor, carrying up to 45 days of jail time plus monetary penalties.
In addition to ending penalties for noncommercial possession and cultivation, the newly filed legislation would also prevent marijuana use from being used as grounds to revoke probation, parole or conditional release.
Trafficking penalties, meanwhile—which state law says someone is guilty of “when he knowingly and unlawfully traffics in marijuana”—would apply to people with more than the personal use quantity and less than eight ounces of cannabis. That would be a Class A misdemeanor on the first offense and a Class D felony on second and subsequent offenses. Higher penalties would apply for greater amounts.
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