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Bill > HB106


KY HB106

KY HB106
AN ACT relating to cannabis.


summary

Introduced
01/08/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead
03/28/2025

Introduced Session

2025 Regular Session

Bill Summary

Create a new section of KRS Chapter 218A to make possession of a personal use quantity of cannabis exempt from civil or criminal penalty; amend KRS 218A.010 to define "cannabis," "personal use quantity of cannabis," and "cannabis accessory"; amend KRS 218A.1422, regarding cannabis possession, to conform; amend KRS 218A.1423, regarding cannabis cultivation, to conform; amend KRS 218A.500, regarding drug paraphernalia, to exempt personal use cannabis accessories; amend KRS 218A.1421, regarding cannabis trafficking, to exempt personal use quantities; amend KRS 138.872 to exclude personal use quantities from the cannabis stamp tax; amend KRS 218A.410 and 533.030 to conform; create a new section of KRS Chapter 431 to allow expungement of certain convictions relating to cannabis and to apply expungement retroactively; RETROACTIVE, in part.

AI Summary

This bill creates a comprehensive framework for decriminalizing personal use quantities of cannabis in Kentucky. It defines a "personal use quantity" as one ounce or less of cannabis plant material, five grams or less of cannabis resin or concentrates, cannabis products containing up to 1,000 milligrams of certain types of THC, or five or fewer cannabis plants. The bill removes criminal penalties for possession, trafficking, and cultivation of these small amounts, meaning individuals 21 and older cannot be arrested, prosecuted, or face criminal sanctions for such activities. Additionally, the bill amends multiple existing statutes to align with this new approach, including updating definitions, removing criminal penalties, and excluding personal use quantities from forfeiture laws. A significant provision allows for the retroactive expungement of certain prior cannabis-related convictions, with a process for automatically identifying and clearing eligible records. The Administrative Office of the Courts is required to track and report on the implementation of these expungement procedures, with the goal of removing barriers for individuals with past cannabis-related offenses. The bill represents a substantial shift in Kentucky's approach to cannabis, moving from a criminal justice model to one that treats personal cannabis use as a non-criminal activity.

Committee Categories

Justice

Sponsors (3)

Last Action

to Judiciary (H) (on 02/04/2025)

bill text


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