Could marijuana become legal in Kentucky? Bill would allow 'personal use' of cannabis

A state legislator from Louisville is trying to decriminalize marijuana across the state, as described in a recent House bill filed in the Kentucky General Assembly.

House Bill 72, introduced this week by Rep. Nima Kulkarni, D-Louisville, seeks to exempt those 21 or older who are found to have a small amount of cannabis from civil or criminal penalty. The acts of having, trafficking and growing "a personal use quantity" of the substance would also no longer be a criminal offense, according to this bill.

Kulkarni told The Courier Journal that this bill could impact thousands of residents across the commonwealth, including those with prior convictions. According to USA TODAY, criminal records for marijuana use and possession have often imposed barriers to employment, housing and educational opportunities.

“There are some people that maybe had offenses and convictions years ago that have served their time, paid their fines and fees, whatever happened, but there's a lot of people that are still dealing with probation and parole provisions,” Kulkarni said.

The proposed decriminalization is limited to a "personal use quantity," which would be defined as: One ounce or less of cannabis in plant form; five or fewer marijuana plants; five grams or less of resin or concentrates derived from hemp, cannabis, or cannabinoid; and cannabis products that contain 1,000 mg or less of delta-9 THC and 1,000 mg or less of delta-8 THC.

The proposal also would allow residents with prior convictions related to marijuana possession to seek an expungement. If passed, the bill could be in effect as early as January 2025.

"We have an opportunity in Kentucky to do it right. And the only way that we can do it right is to make sure that at the same time that we legalize, (we should) make sure that we have everyone starting off, again, on equal footing," Kulkarni said. "That's all this would do – is make sure that the individuals that were disparately impacted are able to participate fully in this new industry."

Kulkarni also introduced another bill this session that would guarantee the right of someone 21 or older to have, use, buy, or sell one ounce or less of cannabis. Under this proposal, they could also cultivate, harvest, and store up to five cannabis plants for personal use. The production, processing, and sale of cannabis and related products would be controlled by the General Assembly, according to the bill.

The proposed legislation comes on the heels of President Joe Biden's federal pardon last month to every American who has used marijuana in the past, including those who were never arrested or prosecuted. However, the pardons do not apply to those who violated state law or those who have been jailed for selling the drug or other marijuana offenses such as driving under the influence of an illegal substance.

Kulkarni has introduced legislation related to decriminalizing marijuana in the past. Last year she co-sponsored two very similar house bills that would decriminalize limited marijuana use.

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In 2022, Kulkarni also filed three bills related to cannabis, including one to establish a medicinal cannabis program. A medical cannabis bill was passed by the legislature last year, and Gov. Andy Beshear now wants to expand the number of conditions that would make someone eligible once the program goes into effect.

"I'm hoping that we can include decriminalization provisions from my bill into any legalization framework that is established, whether it's for medical use or not,” Kulkarni said. “It's really, really important that we make sure that we get it right in Kentucky.”

Rebecca Grapevine contributed to this reporting. Reach Rachel Smith at rksmith@courier-journal.com.

This article originally appeared on Louisville Courier Journal: Marijuana possession could be decriminalized under Kentucky bill