This is an advertisement

(859) 940-7480

Marijuana and Hemp

Hemp continues to be a budding industry in Kentucky (pun intended!). The last few years have seen huge highs followed by low lows – high demand, a rush to grow, followed by oversupply, a market glut, freefalling prices, bankruptcy by major players – call capped off with a pandemic. We have been litigating through it all - both on the civil side, as well as in the criminal realm. We’ve represented seed producers, growers, processors, and handlers in civil suits, as well as handlers and processors who were charged with a crime. 

 

However, these growing pains have been necessary to create the groundwork for cannabis. The hemp pilot program has established historical players, supply chains, and legitimate business endeavors. We think these hemp operations will make an easy transition when cannabis/marijuana is legalized in the state of Kentucky. 

 

If you’re interested in becoming a player and want to first talk to an attorney, contact John today.

Possession, Cultivation, and Trafficking of Marijuana

Marijuana cases in Kentucky are becoming harder and harder to prosecute. But you can still be charged with a crime for possessing, selling, trafficking, or cultivating marijuana. It is still a Schedule I substance and, in some cases, charged as a Class C or Class D Felony. Your case can quickly become complicated if a handgun, drug paraphernalia, or large amounts of cash are involved. Just the smell of marijuana can give an officer probable cause to search you, your car, and your possessions – which may lead to the discovery of other troubling items. If you have been arrested for marijuana, you may be charged with possession, cultivation, or trafficking.

Possession

Even if you have a small amount of marijuana for personal use, you can be charged with a class B misdemeanor, punishable with a fine up to $250 and up to 45 days in jail.

Possession of Drug Paraphernalia

You don’t necessarily need to have marijuana on your person to be charged with a drug crime. In Kentucky, it is also illegal to possess, manufacture, or distribute drug paraphernalia, or to market or advertise items that are designed or intended to be used as drug paraphernalia. A first offense violation of any of these laws is a class A misdemeanor, carrying a penalty of up to 12 months in jail and a fine up to $500.

Cultivation

Even if you have a small amount of marijuana for personal use, you can be charged with a class B misdemeanor, punishable with a fine up to $250 and up to 45 days in jail.

Cultivating with Intent to Sell

If you have five or more marijuana plants, you can be charged with cultivating with intent to sell. This bumps the charge to a class D felony, even for a first offense. Second or subsequent offenses are class C felonies, punishable with fines up to $10,000 and a prison sentence between five and ten years.

Trafficking

You may be charged with trafficking if you were arrested selling marijuana or possessing a quality of the drug with the intent of selling it. If you were found with eight ounces or less, you may be charged with a class A misdemeanor and face a fine of up to $500 and up to 12 months in jail. If you were carrying between eight ounces and five pounds, you may be charged with a class D felony and face a fine up to $10,000 and up to five years in prison. Finally, if you possess five pounds of marijuana or more, you may be charged with a class C felony and face up to $10,000 in fines and between five and ten years in prison.

Trafficking within 1,000 Feet of a School Building

Penalties may be increased if you were selling or attempting to sell marijuana on or near school property. While a first offense violation is a class D felony, harsher penalties may apply depending on the amount possessed.

You’ll need an experienced marijuana attorney to negotiate these charges. You may be eligible for a diversion program or a “void and seal” of the conviction. These strategies and tactics can help you keep a clean record. The best way to protect yourself is to fight the charges from the date of the arrest or citation. Contact John immediately for a free consultation.

Share by: