Kentucky Weighs Recreational Marijuana Bills After Medical Program Launch

25 January 2025

Kentucky Democratic lawmakers have introduced bills proposing the legalization of recreational marijuana for adults 21 and older, allowing small amounts for personal use and cultivation. The effort, launched shortly after medical cannabis became legal on January 1, 2025, faces significant challenges due to a Republican supermajority in the state legislature and opposition from key Republican leaders.

Below is additional information on the four main pieces of cannabis-related legislation in Kentucky:

Senate Bill 36 (SB 36)

• Primary Sponsor: Louisville Senator David Yates
• Key Provision: Proposes a constitutional amendment allowing individuals aged 21 and older to possess, use, buy, or sell up to one ounce of cannabis without facing criminal charges.
• Cultivation: Allows adults to cultivate, harvest, and store up to five cannabis plants for personal use.
• Rationale: Senator Yates has stated that proper oversight, accountability, and taxation of recreational marijuana could have a transformative economic impact on Kentucky, pointing to cannabis as a potential significant cash crop.

House Bill 105 (HB 105)

• Parallel Legislation: Similar in intent and language to SB 36, this bill also proposes a constitutional amendment, granting individuals 21 and older the right to possess and grow small quantities of cannabis.
• Voter Decision: HB 105 and SB 36 both aim to place the legalization question on the 2026 general election ballot, allowing Kentuckians to vote directly on the issue.

Senate Bill 33 (SB 33)

• Primary Sponsor: Also sponsored by Senator David Yates
• Key Provision: Seeks to decriminalize marijuana by removing penalties for the possession, cultivation, or trafficking of up to eight ounces or five cannabis plants.
• Purpose: By reducing legal penalties, the bill aims to address concerns over criminal justice impacts related to smaller-scale marijuana offenses.

Senate Bill 47 (SB 47)

• Background: Passed in 2023 with bipartisan support, it legalized medical marijuana in Kentucky effective January 1, 2025.
• Implementation: Led to the creation of the state Office of Medical Cannabis, which has been awarding licenses to approved cultivators and dispensaries.
• Context for Recreational Proposals: Some Republican lawmakers who supported SB 47 did so cautiously, citing concerns about whether medical legalization might eventually pave the way for recreational use.

These bills represent a broad effort by some Kentucky legislators to expand marijuana access—either by letting voters decide through a constitutional amendment (SB 36 and HB 105) or by directly altering possession laws (SB 33). However, given the Republican supermajority and stated opposition from key party figures, the success of these proposals remains uncertain. The medical marijuana program established by SB 47 provides a backdrop for the current discussion, as sponsors and opponents alike continue to evaluate the broader implications of full legalization.

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