If you buy weed legally out of state can you bring it back to Kentucky? What the law says
.jpg "Can you purchase legal weed in another state and drive back to Kentucky? Here’s what the law says about possession in Kentucky and a refresher on recent changes.")
Kentucky is now bordered by four states where recreational marijuana is legal, and state residents eligible to use it for medical purposes will be able to take advantage of a state program starting in 2025.
The patchwork legal landscape for marijuana is complicated and rapidly evolving, and it gets especially tricky when you’re crossing state lines with cannabis, which remains illegal at the federal level.
To help keep everything straight, here’s what to know about traveling across state lines with marijuana in Kentucky.
Which states near Kentucky have legal weed?
In Missouri, Illinois and Ohio, marijuana is legal for adults. It is also legal for adults in Virginia, but sales remain illegal and unregulated.
The Buckeye State is the most recent of the four to legalize cannabis for adult use. During the Nov. 7 election, it became the 24th state to do so after Ohio voters approved Issue 2 via referendum.
Issue 2 allows adults 21 year and older to buy and possess up to 2.5 ounces of cannabis and to grow their own plants at home, but the law is subject to change. As reported by the Associated Press, Republicans who opposed the measure in the state legislature can curtail certain elements or repeal it entirely, though they’d likely pay a price for doing so.
Because Issue 2 passed by a landslide, it’s likely the state’s Republican lawmakers will choose to make tweaks, rather than undo the law altogether.
Can Kentucky residents purchase marijuana in other states?
For Kentucky residents living in the state’s Golden Triangle, Ohio may seem like an attractive option for cannabis tourism. The ballot language for Issue 2 doesn’t include residency and only specifies those who buy or possess marijuana in the state be at least 21 years of age.
Still, it’s worth noting the law doesn’t go into effect until Dec. 7, and it faces a lengthy rule-making process that’s expected to take months to complete.
Issue 2 established the Division of Cannabis Control within the Ohio Department of Commerce and tasks it with overseeing the adult-use market. Developing a program will take time, so for now, Kentucky residents will have to wait.
The next closest state for most Kentuckians is Illinois, where recreational marijuana is legal for adults in addition to the state’s medical marijuana law.
Recreational dispensaries in Illinois are allowed to sell to any adult 21 or older, regardless of residency. That means Kentucky residents visiting Illinois can buy marijuana with a valid form of identification, according to the Kentucky Cannabis Clinic.
What if you cross into Kentucky with marijuana you bought legally?
Kentucky’s medical marijuana law doesn’t go into effect until 2025, but there are a few limited protections granted by an executive order issued by Gov. Andy Beshear.
That order enables Kentuckians to buy small amounts of medical cannabis — no more than 8 ounces — in jurisdictions where it is legal, such as out of state. To qualify, Kentuckians have to obtain documentation from their health care provider verifying they have at least one of 21 qualifying medical conditions.
In a previous interview with the Herald-Leader, Beshear noted, “all you have to do to qualify under the order from the certification piece is to have a doctor certify that you have epilepsy or Parkinson’s or Crohn’s disease or multiple sclerosis” or any of the other listed conditions.
Assuming you aren’t certified to use medical marijuana under the governor’s executive order, and you travel into Kentucky with marijuana you bought out of state, you’d be taking a risk and potentially exposing yourself to criminal prosecution.
Marijuana is still illegal at the federal level, not to mention Kentucky’s own laws criminalizing possession.
What does Kentucky law say about marijuana possession?
According to NORML, a nonprofit that advocates for cannabis legalization and tracks laws criminalizing it, possessing less than 8 ounces of marijuana in Kentucky is a misdemeanor. For a first offense, that’s punishable by a fine of up to $250 and a 45-day sentence.
Should you possess more than 8 ounces (or have a subsequent possession offense), you could be hit with a felony, which comes with a mandatory sentence of at least one year and a $10,000 fine.
In Kentucky, it is also a crime to drive while under the influence of any substance that impairs driving ability, including cannabis.
A first offense is punishable with a fine of at least $200 and up to $500, according to NORML. You could also be jailed for up to 30 days in addition to the fine.
Subsequent offenses come with stiffer penalties. A third offense could land you in prison for up to a year, and a fourth or subsequent offense is a Class D felony in Kentucky, meaning you’d be facing serious time in state prison.
Do you have a question about Kentucky’s marijuana laws for our service journalism team? We want to hear them. Submit them via the Know Your Kentucky form below or send us an email at ask@herald-leader.com.