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Kentucky Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: Is it considered unlawful discrimination to refuse to offer employment based on the smell of marijuana on a prospect?
James L. Arrasmith
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answered on Mar 26, 2024

Refusing to offer employment based on the smell of marijuana on a candidate can be complex legally and varies by location and industry. In states where marijuana is legal for medical or recreational use, the situation is particularly nuanced. Employers still have rights to maintain a drug-free... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: What are the laws in Ky at the moment for not hiring or firing someone for using legal CBD products?

Was dined a job for showing positive for THC in urine and I only use CBD gummies, vape and oils instead of Mobic for my arthritis which has severe health problems associated with medication. Was informed any use of CBD products will cause you to fail and I could not be employed and when when the... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

Currently, Kentucky does not offer any sort of employment protection to legal CBD users.

In Kentucky, CBD products are legal if they contain 0.3% or less THC. In order to test positive in a typical urine test, a user would need to consume more than 2,000 mg of legal CBD products / day....
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1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Is it reasonable for a deputy to knock on the door of my residence to conduct a knock and talk after 11:30pm?

After I answered the door and stepped out on my porch I was asked if a man arrested for DUI a mile or so away lived at my house. No was my answer as he didn't live there nor had he been staying there. The man arrested had stopped at my house earlier that day and I knew the man, but he... View More

Timothy Denison
Timothy Denison
answered on Aug 5, 2023

Sounds a bit overreaching but would probably be upheld as legal

1 Answer | Asked in Adoption, Family Law and Cannabis & Marijuana Law for Kentucky on
Q: Can I sue my local family courts?

In 2017 my kids were stripped from me and my husband for a drug charge. I had done everything I was able to and all the courts wanted was for me to leave my husband who was having trouble getting clean screens - he was also on a medication that can give false THC positives. He wasn't smoking... View More

Timothy Denison
Timothy Denison
answered on Feb 13, 2023

No. They have immunity.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Child Custody for Kentucky on
Q: Can my baby’s father get visitation after possession and intent to sell of Marijuana?

My baby’s father has been inconsistent since I got pregnant, we were never together. He was charged with possession of Marijuana and intent to sell 6 months ago in Indiana (we live in Louisville, KY) and is on probation, he is also unemployed and we suspect he is still selling. He has seen her 5... View More

Timothy Denison
Timothy Denison
answered on Jan 28, 2023

Yes. He could still get visitation. I would do nothing snd make him take you to court. Then you can impeach him with all the drug convictions snd ammo you have.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: Can you use medical cannabis while on supervised probation in kentucky?

I am a disabled veteran on low level supervised probation for a non drug related offense. With Governor Beshear recently enacting an executive order to where individuals can use medical cannabis in Ky, I have been diagnosed by the VA with 2 of the 21 qualifying conditions allowed in the order and... View More

Leland Hulbert
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Leland Hulbert
answered on Jan 6, 2023

No. You can talk to your probation officer about a waiver if medically necessary.

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2 Answers | Asked in Cannabis & Marijuana Law and Traffic Tickets for Kentucky on
Q: I was recently pulled over for crossing the line and was found with a small amount of marijuana and drug paraphernalia.

This is my first offense and have never been pulled over prior. I was released after passing a sobriety test. Will my insurance be notified of the traffic violation before I have to show up for my court date and if the charges are dropped will my insurance still be notified? What are the chances my... View More

Leland Hulbert
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Leland Hulbert
answered on Feb 10, 2022

As a first time Offender you should be eligible for a marijuana education class and be allowed to have the drug charges eventually dismissed. As far as insurance there’s no way to know when and if A company will run a random check on you. I would recommend hiring an experienced criminal defense... View More

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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: How many years is a misdemeanor marijuana trafficking charge “enhanceable” in ky

Trying to have record expunged

Timothy Denison
Timothy Denison
answered on Dec 8, 2021

Five (5) years.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Child Custody for Kentucky on
Q: Can cps keep from returning my kids if we have done everything asked and husband only has thc in his system

My kids were placed with the grandmother because of drugs we tested positive on the 24th of Feb have been clean ever since and have been proactive in doing what needs to be done to get them back our worker knows my husband from a previous case with his other son not going to school told us that... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2021

Yes. They can.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kentucky on
Q: Can misdemeanor be expunged? How long do you have to wait (time wise) to be eligible for expungement? poss/marijuana

poss/drug paraphernalia. Both are my 1st offense on both. Happened in 2007.

Timothy Denison
Timothy Denison
answered on Sep 2, 2020

Yes. Can be expunged after 5 years.

1 Answer | Asked in Libel & Slander, Cannabis & Marijuana Law, Child Custody and Small Claims for Kentucky on
Q: I have a citation where multiple personal details are incorrect. Can i challenge this?

Took place in Kentucky. Weights wrong, cant see officer # or signature, marked non hispanic, my licence type, as well as leaving an entire individual out of the actual report. Was originally a welfare check and person watching the child was never mentioned. Turned into possession charges. The... View More

Timothy Denison
Timothy Denison
answered on May 11, 2020

You can challenge it but it won’t impact the outcome of the case.

1 Answer | Asked in Cannabis & Marijuana Law and Civil Rights for Kentucky on
Q: Can the police enter any home if they say they smell marijuana
Timothy Denison
Timothy Denison
answered on Mar 18, 2020

No. They need a search warrant unless you consent to the search.

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Kentucky on
Q: I’m doing research on S W for a suspects home to look for evidence of a remote outdoor marijuana grow and staleness.

cases being overturned or evidence being suppressed due to staleness in approximately 30 day information to get search warrant for suspects home to find evidence of a remote outdoor marijuana grow .

Can anyone point me in the right direction to find info?

Thank You in advance... View More

Timothy Denison
Timothy Denison
answered on Feb 8, 2020

It will be under staleness of search warrants. May also find help underwrite provable cayse.

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