Kentucky Lawmaker Proposes Legalizing Personal Marijuana Use

State Senator introduces bill to amend constitution and decriminalize low-level possession

Published on Feb. 10, 2026

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A Kentucky state senator has introduced legislation that would legalize the personal use of marijuana for adults 21 and older. The bill proposes allowing the possession, purchase, and cultivation of small amounts of cannabis, as well as eliminating criminal penalties for low-level possession. This comes two years after the state legalized medical marijuana, making Kentucky one of 38 states to do so.

Why it matters

The proposed legislation represents a significant shift in Kentucky's marijuana laws, moving the state towards a more permissive approach after years of prohibition. If passed, it could reduce the number of Kentuckians facing criminal charges for personal marijuana use and increase access to the drug for adult consumers.

The details

State Sen. Gary Clemons, a Democrat from Louisville, has introduced Senate Bill 168, which would amend the Kentucky constitution to allow adults 21 and older to legally possess, purchase, and cultivate small amounts of marijuana for personal use. The bill proposes permitting the possession and sale of up to one ounce of marijuana, as well as the cultivation of up to five cannabis plants. Clemons has also introduced a separate bill to eliminate criminal penalties for low-level marijuana possession, which is currently classified as a Class B misdemeanor in Kentucky.

  • In 2023, Kentucky Gov. Andy Beshear signed a bill legalizing medical marijuana in the state.
  • Senate Bill 168 was introduced in the Kentucky legislature in February 2026.

The players

Gary Clemons

A Democratic state senator from Louisville who has introduced legislation to legalize personal marijuana use and decriminalize low-level possession in Kentucky.

Andy Beshear

The governor of Kentucky who signed a bill in 2023 legalizing medical marijuana in the state.

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What they’re saying

“We must move forward and join the growing number of states that have legalized the personal use of marijuana. This is about giving adults the freedom to make their own choices while also reducing the burden on our criminal justice system.”

— Gary Clemons, State Senator (wlwt.com)

What’s next

The Kentucky legislature will need to debate and vote on Sen. Clemons' bills in the coming months. If the constitutional amendment is approved by lawmakers, it would then go before Kentucky voters in a statewide referendum.

The takeaway

Kentucky's proposed legislation to legalize personal marijuana use and decriminalize low-level possession reflects a growing national trend, with an increasing number of states moving away from prohibition and towards a more permissive approach. The outcome of these bills could have significant implications for the future of cannabis policy in the Bluegrass State.