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.