How Much Weed Is a Felony in Kentucky?
Possession of marijuana alone is a Class B misdemeanor in Kentucky at any weight, capped at 45 days in jail. Weight matters because of trafficking: possessing eight ounces or more is prima facie evidence of intent to sell, and trafficking in eight ounces or more is a Class D felony on a first offense. Under eight ounces, a first trafficking offense is a Class A misdemeanor.
Checked against the current statute on .
Trafficking, by weight
| Amount | First offense | Second or subsequent |
|---|---|---|
| Less than 8 ounces | Class A misdemeanor | Class D felony |
| 8 ounces to under 5 pounds | Class D felony | Class C felony |
| 5 pounds or more | Class C felony | Class B felony |
Source: KRS 218A.1421. Checked 2026-09-20.
The eight-ounce presumption
The single most important sentence in the statute is KRS 218A.1421(5): unlawful possession of eight ounces or more of marijuana is prima facie evidence that the person possessed it with intent to sell or transfer it. That is what turns a possession case into a trafficking case without anyone having to prove a sale.
Prima facie evidence is not the same as proof. It means the Commonwealth can get to a jury on intent using the weight alone, and the defense then has to give the jury a reason to find otherwise. It is a presumption that can be rebutted, not a conviction.
Simple possession
Possession of marijuana is a Class B misdemeanor under KRS 218A.1422, and the statute overrides the ordinary Class B maximum: incarceration cannot exceed 45 days rather than the usual 90.
- Possession of drug paraphernalia is a separate charge under KRS 218A.500 and is commonly added to a possession charge.
- Since 1 July 2024 neither the possession statute nor the trafficking statute reaches a registered medicinal cannabis cardholder whose use complies with KRS Chapter 218B, or a licensed cannabis business acting within that chapter.
- Kentucky's medicinal cannabis program is a registration scheme with qualifying conditions. Being eligible for a card is not the same as holding one, and the exemption runs to cardholders.
Common questions
How many grams of weed is a felony in Kentucky?
Eight ounces, which is about 227 grams, is the weight at which trafficking becomes a Class D felony on a first offense, and it is also the weight at which the statute treats possession as prima facie evidence of intent to sell. Below eight ounces, a first trafficking offense is a Class A misdemeanor and simple possession is a Class B misdemeanor.
Is possession of marijuana a felony in Kentucky?
No. Possession of marijuana is a Class B misdemeanor under KRS 218A.1422 whatever the weight, and the statute caps jail at 45 days. Weight converts the case into trafficking, which is where the felony exposure is.
Is Kentucky a zero tolerance state for weed?
Recreational marijuana remains illegal in Kentucky, so there is no lawful possession outside the medicinal program. Since 1 July 2024 a registered cardholder using medicinal cannabis in compliance with KRS Chapter 218B is outside the reach of both the possession and the trafficking statutes.
What is the penalty for first offense possession of marijuana in Kentucky?
A Class B misdemeanor with incarceration capped at 45 days and a fine up to $250. A paraphernalia charge under KRS 218A.500 is often added. First offenses frequently resolve without jail, but that is a matter of what the court and prosecutor do, not what the statute requires.
Can a felon get a medical marijuana card in Kentucky?
Eligibility for Kentucky's medicinal cannabis program is set by KRS Chapter 218B and turns on having a qualifying medical condition and a written certification, not on the absence of a criminal record. The program is administered by the Cabinet for Health and Family Services, and their guidance is the authority on who may register.
Can a marijuana charge be expunged in Kentucky?
A misdemeanor marijuana conviction can be petitioned for expungement under KRS 431.078 five years after the sentence or probation finishes, for a $100 filing fee. A trafficking conviction that is a Class D felony may qualify under KRS 431.073 if it appears on the list in that statute, at a total cost of $300.