Kentucky Lawmaker Files HB 199 to Put Adult-Use Cannabis on the Ballot

9 January 2026

Kentucky lawmakers are considering a new proposal that would ask voters to decide whether recreational cannabis should be protected under the state constitution.

The bill, House Bill 199, was filed by Nima Kulkarni. Rather than legalizing cannabis through statute, the measure is written as a constitutional amendment. If lawmakers approve the bill, it would place a question on a future statewide ballot.

If Kentucky voters were to approve the amendment, adults age 21 and older would gain a constitutional right to possess, use, buy, or sell up to one ounce of cannabis. The amendment would also allow adults to grow, harvest, and store up to five cannabis plants for personal use. These rights would be guaranteed in the state constitution, meaning they could not be easily reversed by future legislatures.

The proposal draws a clear line between personal use and commercial activity. While it would protect individual possession and home cultivation, it would not automatically create a legal retail cannabis market. Authority over cultivation at scale, processing, distribution, and sales would remain with the Kentucky General Assembly. Lawmakers would still need to pass separate laws to set rules for licensing, taxation, and enforcement if commercial sales were ever allowed.

For Kentucky residents, the bill would offer clarity on personal cannabis use while leaving larger policy decisions unresolved. Adults would know what is permitted for personal use, but access to stores or regulated products would depend on later legislative action.

The bill faces a difficult path. Constitutional amendments in Kentucky require approval by both chambers of the legislature before reaching voters. Republican leadership has historically opposed recreational cannabis legalization, even as medical marijuana has advanced. That political makeup makes it uncertain whether the proposal will receive the votes needed to move forward.

The next steps are procedural. House Bill 199 must be assigned to a committee, receive hearings, and pass the House and Senate with the required majorities. If lawmakers approve it, the question would then appear on a statewide ballot, where voters would have the final say. If it does not clear the legislature, the proposal would stall without reaching voters.