Section 218A.1423 - [Effective 1/1/2025] Marijuana cultivation - Penalties(1) A person is guilty of marijuana cultivation when he or she knowingly and unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer it and the cultivation is not in compliance with, or otherwise authorized by, Sections 1 to 30 of this Act. (2) Unless authorized by Sections 1 to 30 of this Act, marijuana cultivation of five (5) or more plants of marijuana is: (a) For a first offense a Class D felony.(b) For a second or subsequent offense a Class C felony.(3) Unless authorized by Sections 1 to 30 of this Act, marijuana cultivation of fewer than five (5) plants is: (a) For a first offense a Class A misdemeanor.(b) For a second or subsequent offense a Class D felony.(4) Unless authorized by Sections 1 to 30 of this Act, the planting, cultivating, or harvesting of five (5) or more marijuana plants shall be prima facie evidence that the marijuana plants were planted, cultivated, or harvested for the purpose of sale or transfer.(5) This section does not apply to a cannabis business or a cannabis business agent, as defined in Section 1 of this Act, when acting in compliance with Sections 1 to 30 of this Act. Amended by 2023 Ky. Acts ch. 146,§ 37, eff. 1/1/2025.Effective:7/14/1992
Created 1992 Ky. Acts ch. 441, sec. 20, effective7/14/1992.This section is set out more than once due to postponed, multiple, or conflicting amendments.