Blog post updated: 1/3/25
Marijuana or cannabis laws in Kentucky have changed drastically in the last few years. Although the recreational use of cannabis is still illegal, the state has followed the example of many others by instituting a medical marijuana law.
Individuals with certain debilitating medical conditions will soon be able to obtain a physician’s recommendation for cannabis use. There will, therefore, be demand for legal cannabis products in Kentucky. Who can potentially grow cannabis without violating state law?
Patients cannot grow their own cannabis
The medical marijuana law in Kentucky does not allow individual patients to cultivate their own cannabis. Home cultivation is still not an option even if someone has a recommendation to use medical marijuana or a history of growing it illegally for personal use. Professionals will need to cooperate with the state to secure licenses to cultivate. The state has yet to release specific rules and requirements for licensing, as the program will not become operational until 2025. There may be business opportunities for individuals skilled in horticulture and those with investment funds who can establish industrial grow operations.
Hemp farmers can also grow cannabis
After years of prohibition, Kentucky now allows farmers to grow industrial hemp with low levels of the psychoactive chemical THC as a crop. Hemp has a variety of different uses, from fiber for textiles to insulation and bioplastics. Hemp seeds are also a popular health food. Farmers hoping to cultivate hemp crops will require licensing from the state to do so legally.
Complying with the evolving restrictions related to cannabis cultivation can benefit those hoping to put their horticultural skills or agricultural land to profitable use. Anyone who has questions or concerns related to this opportunity can seek legal guidance at any time.
Why to hire an attorney when starting a cannabis business
It is incredibly important to work with an attorney when starting a cannabis-related business. Perhaps the biggest reason for this is that these laws are new and evolving. The current cannabis laws won’t even go into effect until 2025. It’s very important to get the details right, as there are many legal restraints and regulations regarding things like:
- Proper licensing for a grow operation or dispensary
- Reporting requirements with the state government
- Necessary steps for ongoing cannabis operations
- Permitted sources for product sourcing
- Issues with obtaining proper funding or handling income and other financial details for a cannabis business
Even a simple mistake in this area could lead to accidental violations, some of which could have severe ramifications such as fines or causing the business to be shut down. Our experienced cannabis business attorneys can provide ongoing guidance and help you stay abreast of any changes to the law. This can all be complex, so having an attorney to provide insight and advice is invaluable.
How to get a license to grow medical marijuana in Kentucky
As noted above, you need to get the correct license, which starts with understanding the specific license type necessary for your unique business. Options include:
- A cultivator license
- A processor license
- A producer license
- A dispensary license
- A license for a safety compliance facility
The specific license authorizes different types of actions. A processor can have raw material on the premises, for example, while a cultivator can grow marijuana products in a secured facility. A producer is allowed to engage in both of these activities, while a dispensary is where individuals can make purchases. All of these have different regulations and require different licensing, depending on the activities that will be taking place at your business. Our team can help you determine what license you need and assist with the process of applying for that license from the state government.
To get started with this legal process, contact us at 866-617-6209 or through the online contact portal to set up your initial consultation.
