KRS 218A.1423: Marijuana Cultivation in Kentucky

What Is KRS 218A.1423?

KRS 218A.1423 is Kentucky’s marijuana cultivation statute. It prohibits growing marijuana plants. Penalties depend on the number of plants. People in Lexington, Louisville, and rural areas of Kentucky face these charges in cases involving anywhere from a few plants to large grow operations.

What the Statute Prohibits

It is unlawful to plant, cultivate, or harvest marijuana with the intent to sell or transfer.

Penalties Based on Plant Count

Less than 5 plants (1st offense): Class A misdemeanor
Less than 5 plants (2nd offense): Class D felony
5 or more plants (1st offense): Class D felony
5 or more plants (2nd offense): Class C felony

Common Cases

Outdoor grows discovered by law enforcement (often via aerial surveillance)
Indoor hydroponic operations
Personal grows of just a few plants
Commercial cultivation operations

Defenses Available

Plants were not actually marijuana
Lack of intent to sell or transfer (personal use)
Challenging the search
Disputing constructive possession of plants on shared property

Medical Cannabis Considerations

Kentucky’s medical cannabis law has changed the landscape. Licensed patients and growers may have defenses unavailable to unlicensed cultivators.

Call Clark + Harris

Call 859-474-0001 — 24/7. Lexington, Louisville, statewide.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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