December 17, 2021 | Drug Crimes
The answer to your question is “no;” mail order weed is not legal in Kentucky. Kentucky has not legalized recreational or medical marijuana.
Marijuana also remains illegal at the Federal level; it is listed as a Schedule I Controlled Substance under the Controlled Substances Act. This means that you could be prosecuted in state or federal court for possessing marijuana in Kentucky.
If you have been charged with a marijuana-related crime, you should contact a Lexington criminal defense lawyer to help.
What Laws Prohibit Mail Order Weed in Kentucky?
Mail order weed is illegal in Kentucky due to the outright prohibition on marijuana for medicinal and recreational use. Kentucky Revised Statute 218A.1422 makes possession of marijuana illegal in the state.
Possession of marijuana has three elements:
- The defendant
- Knowingly and unlawfully
- Possessed marijuana
Because there is no lawful medical purpose for having weed in the state, any marijuana possession is punishable as a Class B Misdemeanor. Typically, if someone possesses, transfers, or distributes more than a “personal” amount of marijuana, they will be charged with “Trafficking in a Controlled Substance.”
Trafficking in a Controlled Substance can be charged when the amount possessed, transferred, or distributed exceeds the threshold amount of a particular drug. The threshold amount is different for each controlled substance. It is the amount that allows prosecutors to infer an intent to sell.
For Trafficking Marijuana, the threshold amounts and classification of crime is as follows:
- Less than 8 ounces – Class A Misdemeanor first offense, Class D Felony for second or more
- More than 8 ounces and less than five pounds – Class D Felony first offense, Class C Felony for second or more
- Five or more pounds – Class C Felony first offense, Class B Felony for second or more
If you have been accused of a marijuana-related offense in Louisville, Kentucky, invoke your right to remain silent and contact a criminal defense lawyer.
What are the Penalties for Illegally Ordering Weed in Kentucky?
Kentucky law (and federal law) punishes mail ordering weed very severely. It is a drug crime.
If you are prosecuted under state law, the following penalties may apply depending on how your charge is classified:
- Class B Misdemeanor: 45 days jail
- Class A Misdemeanor: Up to 12 months jail
- Class D Felony: 1-5 years prison
- Class C Felony: 5-10 years prison
- Class B Felony: 10-20 years prison
Penalties such as fines and extended community supervision may also come in play. Sometimes probation may be imposed as part of a sentence to reduce the actual time spent in custody.
Your criminal defense lawyer can help you defend against your marijuana charges to get the best outcome for your case.
Kentucky’s Marijuana Laws
Kentucky continues to lag far behind the rest of the country with its strict marijuana laws. Despite many states permitting medical and recreational marijuana, weed remains completely illegal in Kentucky.
There is a possibility that these laws will be loosened in the coming years. For instance, the Kentucky House of Representatives voted in favor of legalizing medical marijuana in House Bill 136 in 2020. The Bill was sent to the senate, but it has been largely ignored during the COVID-19 pandemic.
It remains to be seen whether the Senate would pass a law legalizing medical use and if the governor would sign it into law. Keep an eye on reform measures like this, as the law surrounding marijuana frequently changes. In the meantime, it is important to avoid marijuana in the state of Kentucky as it remains illegal as of the writing of this blog.