Efforts to expand marijuana access in Kentucky are gaining momentum, but the path forward remains challenging. With medical marijuana legalized as of January 1, Democratic lawmakers are introducing bills to allow residents to possess and grow small amounts of recreational cannabis.
These proposals include constitutional amendments that could put the decision in voters’ hands during the 2026 general election. Here’s what you need to know about these legislative efforts and their potential impact on Kentucky.
Key Proposals: What’s in the Bills?
Two bills, Senate Bill 36 (SB 36) and House Bill 105 (HB 105), filed during the first week of the 2025 legislative session, aim to amend the state constitution. If passed, Kentuckians aged 21 and older could:
- Possess, use, buy, or sell up to one ounce of cannabis without facing criminal charges.
- Cultivate, harvest, and store up to five cannabis plants for personal use.
Senator David Yates, the sponsor of SB 36, emphasizes that proper oversight, accountability, and taxation of recreational marijuana could transform Kentucky.
“Cannabis is already here and likely our number one cash crop,” Yates said. “Legalization allows for safer use and tax revenue to benefit the public.”
Yates also introduced Senate Bill 33, which would decriminalize marijuana by removing penalties for possessing, cultivating, or trafficking up to eight ounces or five plants.
The Push for a Democratic Solution
Proposing marijuana legalization as a constitutional amendment offers a unique advantage—it allows Kentucky voters to directly weigh in on the issue.
“It’s one of the most democratic forms of government,” Yates explained. “This approach also gives legislators political cover, enabling them to let constituents decide without taking a firm stance themselves.”
The Political Hurdle: Republican Opposition
Kentucky’s Republican supermajority in the House and Senate poses a significant challenge to these bills. While the medical marijuana program recently launched, many Republican lawmakers remain wary of recreational legalization.
Senate Majority Floor Leader Max Wise opposes these measures, citing health concerns and skepticism within his caucus.
“Any proposal for such a significant policy shift will undergo rigorous scrutiny,” Wise stated. “Sponsors must build support and navigate the legislative process carefully.”
Gov. Andy Beshear has also expressed reservations, stating that medical marijuana must be proven safe and effective before considering recreational legalization.
Economic Implications and Regional Competition
Advocates argue that legalizing recreational marijuana could provide an economic boost for Kentucky. Rachel Roberts, former Democratic state representative and director of the Kentucky Cannabis Industry Alliance, highlights the financial benefits.
“Living in Northern Kentucky, I see money leaving our state as residents cross the river to Ohio for cannabis,” Roberts said.
Ohio, which legalized recreational marijuana in December 2023 and launched sales in August 2024, serves as an example of potential revenue Kentucky could capture.
Why Filing These Bills Matters
Despite political resistance, proponents believe filing these bills is crucial to keeping the conversation alive.
“Each year, these proposals spark important discussions,” Roberts said. “That continued dialogue is key to advancing cannabis policy in Kentucky.”
Looking Ahead: What’s Next for Kentucky?
While the road to recreational marijuana legalization in Kentucky is steep, advocates remain hopeful. With public support growing and neighboring states setting precedents, the conversation is far from over.
If these measures pass, Kentucky could see not only expanded access to cannabis but also significant economic benefits from a regulated and taxed market. For now, all eyes are on the state legislature to see if these bills gain traction.
