Marijuana Grow & Trafficking Attorneys in Bowling Green, Kentucky
John Caudill Attorney at Law knows there is a lot of confusion about marijuana laws in Kentucky, especially now that Governor Beshear has legalized the drug for medical use.
To be clear, recreational marijuana — including its possession, trafficking, or cultivation — is still illegal in the State of Kentucky, and at a federal level.
If you have been charged with a marijuana crime — including traveling from bordering states with the drug where marijuana is legal, like Illinois, Ohio, Virginia, or West Virginia — our Bowling Green and Owensboro marijuana defense lawyer knows the consequences you face can be life changing. We can help.
Our dedicated Kentucky marijuana defense attorney will ensure your rights are protected from the start of your case and will provide an aggressive defense strategy that is customized to meet your legal needs. Let’s get started.
What Constitutes Possession of Marijuana in Kentucky?
In Kentucky, a person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana. Possession of marijuana is a Class B misdemeanor in Kentucky and carries a sentence of up to 45 days in jail, and a fine of up to $250.
Possession of marijuana is taken very seriously in Kentucky. Even a first-time possession case could result in a fine, jail sentence, or term of probation.
When Does Marijuana Possession Increase to Marijuana Trafficking Charges?
Possession of marijuana charges can increase to trafficking marijuana in Kentucky when the amount being sold is less than eight ounces. A first-time trafficking charge, when the quantity is eight ounces or less, is a misdemeanor and carries a sentence of up to one year in jail, and a fine of up to $500.
A subsequent marijuana trafficking charge of less than eight ounces is a felony and carries a mandatory minimum sentence of one year (and up to five years) in jail and a fine of up to $10,000.
From there, the trafficking charges and penalties are determined by the weight of the drug, and the number of offenses the individual has previously been charged with, including:
- First Offense of Trafficking Between 8 oz. – 5 lbs.: Felony
Mandatory minimum sentence of one year (and up to five years) in jail and a fine of up to $10,000.
- Subsequent Offense of Trafficking Between 8 oz. – 5 lbs.: Felony
Mandatory minimum sentence of five years (and up to ten years) in jail and a fine of up to $10,000.
- First Offense of Trafficking 5 lbs. or More: Felony
Mandatory minimum sentence of five years (and up to ten years) in jail and a fine of up to $10,000.
- Subsequent Offense of Trafficking of 5 lbs. or More: Felony
Mandatory minimum sentence of ten years (and up to twenty years) in jail and a fine of up to $10,000.
- First Offense of Selling Marijuana to a Minor: Felony
Mandatory minimum sentence of five years (and up to ten years) in jail and a fine of up to $10,000.
- Subsequent Offense of Selling Marijuana to a Minor: Felony
Mandatory minimum sentence of ten years (and up to twenty years) in jail and a fine of up to $10,000.
- Selling Marijuana Within 1000 Yards of a School or Park: Felony
Mandatory minimum sentence of one year (and up to five years) in jail and a fine of up to $10,000.
If you have been arrested and charged with marijuana trafficking in Kentucky, you will need a skilled criminal defense attorney by your side to avoid the maximum penalty allowed by the state’s stringent drug crime laws. We can help. Contact our experienced marijuana defense lawyer in Bowling Green and Owensboro today to learn more about your legal rights and option to pursue the best outcome for your case.
What are the Penalties for the Cultivation of Marijuana in Kentucky?
Cultivating — which means physically growing — marijuana plants in Kentucky carries penalties that are dictated by the number of plants that are being farmed.
- First Offense of Less than Five Plants:Misdemeanor, which carries a sentence of up to one year in jail, and a fine of up to $500.
- Subsequent Offense of Less than Five Plants:Felony, which carries a sentence of one to five years in jail, and a fine of up to $10,000.
- First Offense of Five Plants or More:Felony, which carries a sentence of one to five years in jail, and a fine of up to $10,000.
- Subsequent Offense of Five Plants or More:Felony, which carries a sentence of five to ten years in jail, and a fine of up to $10,000.
If you have been charged with growing marijuana in Kentucky, do not face the prosecutor’s office alone. We can help outline your case to pursue the best outcome, starting with a review of how the plants were found, and how a search to confirm their existence was conducted.
Contact our skilled marijuana cultivation attorney in Bowling Green and Owensboro today for a complete review of your case.
When Do Marijuana Charges Become Federal Marijuana Crimes in Kentucky?
Most marijuana charges are prosecuted by the Commonwealth unless the allegations involve trafficking across state lines or using the U.S. mail service. Other potential factors where an individual may be charged with a violation of federal law and tried in federal court may include where your arrest happened, which branch of law enforcement arrested you, what evidence was found, and what alleged crime was committed.
Federal drug crimes are serious and often carry heavier penalties in comparison to their state-level counterparts. Our Warren County marijuana defense lawyer, John Caudill, is the only former Federal Prosecutor in Western and South-Central Kentucky.
Over the past 30 years, John has prosecuted and defended hundreds of people during both complex state and federal criminal cases that required a precise legal strategy — from preparation to trial — to pursue and secure real results for our clients.
John Caudill Attorney at Law believes your criminal charges do not have to define your future. Our Bowling Green and Owensboro marijuana defense law firm will provide the legal skills, experience, and resources you need to face your misdemeanor, felony, or federal charges with confidence.
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What Does Kentucky’s Medical Marijuana Approval Mean for Residents?
On March 31, 2023, as part of his effort to reduce Kentuckians’ reliance on addictive opioids and to provide relief from severe and chronic pain, Governor Andy Beshear joined lawmakers and advocates to sign Senate Bill 47, which legalizes medical cannabis in the Commonwealth.
The Kentucky law allows patients with cancer, chronic pain, multiple sclerosis, epilepsy, nausea, and post-traumatic stress disorder to obtain a doctor’s recommendation to use cannabis medicinally.
Slated to launch by January 2025, the new law will allow patients to possess a 10-day supply of cannabis on their person and a 30-day supply at home.
The new medical marijuana law only applies to approved patients. Without approval, residents who have the drug will still be prosecuted when caught possessing, trafficking, or cultivating the drug.
In the state of Kentucky, a rebuttable presumption of cultivation with intent to distribute (a class D felony) is created if a defendant has five or more marijuana plants in his possession. If the Defendant rebuts the presumption by showing the plants were grown for personal use only, then the charge is reduced to a misdemeanor. Four plants or less is a class A misdemeanor for a first conviction and a Class D felony for subsequent convictions.
A person is guilty of misdemeanor trafficking in marijuana if they distribute or possess with intent to distribute 8 oz. or less. If the quantity distributed or possessed with intent to do so is 8 oz. to 5 lbs. the offense is increased to a class D felony (one to five years). Five pounds or more is a class C felony (five to ten years in prison) with subsequent convictions resulting in a class B felony (ten to twenty years)
Trafficking any quantity of marijuana within a 1000 feet of a school zone is a class D felony unless the quantity is more than 8 ounces, then the higher penalty based on quantity applies.
John Caudill handles marijuana grow and trafficking cases in Kentucky, including Bowling Green, Scottsville, Glasgow, Franklin, Morgantown, Hartford, Hopkinsville, Madisonville, Owensboro and Henderson, Kentucky.
Contact Our Dedicated Marijuana Defense Lawyer in Bowling Green, Kentucky Today
John Caudill Attorney at Law offers aggressive defense strategies and trusted legal representation to individuals throughout the Bowling Green area and surrounding communities, including Owensboro, Franklin, Scottsville, Hartford, and Morgantown. Our law firm has a stellar reputation for pressing the prosecution to prove our clients are guilty by forcing them to prepare for a trial. This means we are not swayed by potential plea bargains, or negotiations we know are not in our clients’ best interests.
If you have been arrested and charged with a crime in Kentucky, contact our trusted marijuana defense attorney in Warren County today by calling (270) 925-0447 or contacting us online.
We are here to fight for your rights and your freedom. Let’s get started.
