Decoding the Kentucky Marijuana Bills


 

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The following is a synopsis of the proposed Bills currently in House and what they mean to us.

 

HB 305/CI (BR 395) – B. Yonts

AN ACT relating to crimes and punishments.
Amend and create various KRS sections to convert certain misdemeanors to pre-payable violations and set fines.

Feb 5-introduced in House

Legislature Home Page | Record Front Page

Thru the DIRECT LINK above can be found the newest version of the Kentucky “decrim” bill.

 

The highlights for the cannabis users are below:

 

(1) A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana.
(2) Any person who violates this section shall be fined one hundred dollars ($100) for each offense

 

(1) “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes but is not limited to:

 

(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

 

(e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

 

(g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

 

(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers.

 

My opinion on this bill is that it is a “ lesser of the evils” for us and that is IT. Period.

In fact I am not sure how much of a lesser evil it really is when you consider that this is not any form of legalization at all.  It is just a reduction in the punishment for an illegal activity.

 

SB 79/CI (BR 805) – P. Clark

 

     AN ACT relating to marijuana.
     Amend KRS 218A.1422 to make the possession of two ounces of marijuana or less a violation punishable by a maximum fine of $75; amend KRS 218A.1423 to make cultivation of five marijuana plants or less a Class B misdemeanor; name the Act the Kentucky Cannabis Freedom Act.

     Jan 9-introduced in Senate
     Feb 3-to Judiciary (S)

Thru the DIRECT LINK above can be found the first version of the Kentucky “decrim” bill as shown below.

 

(1) A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana.

(2) Possession of two (2) ounces of marijuana or less shall be a violation that is punishable by a maximum fine of seventy-five dollars ($75).

(3) Possession of more than two (2) ounces of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 to the contrary notwithstanding, the maximum term of incarceration shall be no greater than forty-five (45) days.

âSection 2. KRS 218A.1423 is amended to read as follows:

(1) A person is guilty of marijuana cultivation when he knowingly and unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer it.

(2) Marijuana cultivation of six (6)[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) Marijuana cultivation of fewer than six (6)[five (5)] plants is[:

] a Class B misdemeanor

[(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony].

(4) The planting, cultivating, or harvesting of six (6)[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.

âSection 3. This Act shall be known and may be cited as the Kentucky Cannabis Freedom Act.

 

My opinion on this Bill is that it would be the better of the two “decrim” Bills submitted because at least there is a “grow” clause in it as long as you are not “trafficking”.  However, Marijuana still remains illegal and prohibited by law under this Statute as well.  The laws are all about the “control” issue.  Either way they continue to make money at our expense for growing and using a “plant”.  As well as the fact that we remain criminals.

 

Last but not least is the :

Medical Marijuana Bill Kentucky 2015 , SB 43/LM/CI (BR 287)

 

AN ACT relating to medical cannabis.
     Create various new sections of KRS Chapter 218A to establish a comprehensive system for medical cannabis in Kentucky, including provisions for medical verification of need, persons allowed to cultivate, use, and possess the drug, organizations allowed to assist in providing the drug, regulation by the state Department for Public Health, interaction with state and local governments, including law enforcement, with persons and entities coming within the purview of the Act, and the establishment of required reporting and review procedures; amend KRS 218A.040 to conform; name the Act the Cannabis Compassion Act.

     Jan 7-introduced in Senate
     Jan 13-to Licensing, Occupations, & Administrative Regulations (S)

READ AS FOLLOWS:  Direct Link to Bill

For the purposes of Sections 1 to 25 of this Act, unless the context otherwise requires:

(1) “Bona fide practitioner-patient relationship” means that:

(a) A practitioner and patient have a treatment or consulting relationship, during the course of which the physician has completed an assessment of the patient’s medical history and current medical condition, including an appropriate personal physical examination;

 

(b) The practitioner has consulted with the patient with respect to the patient’s debilitating medical condition; and
(c) The physician is available to or offers to provide follow-up care and treatment to the patient, including but not limited to patient examinations;

(2) “Cannabis” means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. The term “cannabis” does not include industrial hemp as defined in KRS 260.850;

(3) “Cardholder” means a qualifying patient, visiting qualifying patient, or a designated caregiver who has been issued and possesses a valid registry identification card;

 

In my opinion this is an all out medical marijuana bill with all the regulations, Doctors, Pharmaceutical entities as well as Dispensaries lined up in a row.  Once again, Freedom is not involved here.  It is regulation at its finest through all aspects of the Government.   If it is regulated medical marijuana that a patient is looking for then this would be the Bill for them.  For many people it may be a good thing.  However, it still does not free the Cannabis plant to the general public and the Statutes of controlled substances will still be alive and well with this Bill.

 

This is three options that we have in Kentucky that may or most probably won’t pass this year anyway.  But not one of these options repeals prohibition even on a State level and will still open up persecution of those choosing to use Cannabis which fall short of the guidelines set by the State Government even if one or more of them are passed.

 

I still believe the only way to get society at large out of the mouth of the prison industrial complex for using Cannabis in any form is REPEAL of all laws pertaining to the Cannabis plant!

Prohibition did not work – Neither will Legalization – It is time to REPEAL and nullify unconstitutional Statutes regarding the cultivation and use of Marijuana on a Human level!

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