If you’re a cannabis patient or consumer in Kentucky, it’s important to understand your rights and responsibilities during a traffic stop. The laws can be confusing, but this guide is here to help keep you safe, informed, and prepared.
Keep this guide in your car or wallet. It could make all the difference.
STEP 1: WHEN YOU GET PULLED OVER
Stay Calm & Composed: Slow down, turn on your hazard lights, and pull over. Keep your hands visible on the steering wheel. Don’t make sudden movements. Wait for instructions.
You Must Provide:
- Driver’s license
- Vehicle registration
- Proof of insurance
You Do NOT Have to Provide:
- Information about where you’re going, where you’ve been, or what’s in your car.
- Verbal consent for a search (more on that below).
Say Politely:
- “Officer, I prefer not to answer questions.”
- “I do not consent to any searches.”
STEP 2: VEHICLE SEARCHES & YOUR RIGHTS
Can they search your car?
- If you CONSENT: Yes.
- If they SMELL CANNABIS: Yes. The odor of cannabis is considered probable cause in Kentucky.
- If you say NO: They may still search, but you have protected your rights.
STEP 3: IF YOU HAVE CANNABIS WITH YOU
Legal for Medical Patients ONLY. If you are a registered medical cannabis patient in Kentucky:
You Can Carry:
- Up to 112 grams of raw cannabis (flower)
- 28 grams of concentrate
- 3,900 mg THC in edibles
You Must Have:
- A valid Kentucky medical cannabis card
- Cannabis in original packaging with proof of purchase
- Cannabis stored in a closed container, ideally in the trunk or locked glove box
Not Legal? If you don’t have a medical card, cannabis possession is still illegal under state law. In places like Louisville, minor possession may be deprioritized, but it’s still a risk. Police can confiscate, cite, or arrest you depending on location and amount.
NEVER DRIVE HIGH. Even with a card, driving under the influence is illegal and dangerous. Officers may request a sobriety test.
STEP 4: WHAT NOT TO DO
- Don’t argue, escalate, or lie.
- Don’t try to hide, throw, or eat cannabis.
- Don’t admit to anything without a lawyer.
STEP 5: AFTER THE STOP
Write Down:
- Time, date, and location of stop
- Officer’s name and badge number
- What was said and done (as best as you remember)
If You Feel Your Rights Were Violated:
- File a complaint with the KY Office of Medical Cannabis: 833-727-2828
- Contact legal support: William M. Butler, Attorney (Louisville): (502) 237-0871
- ACLU of Kentucky: (502) 581-9746
QUICK REFERENCE SUMMARY — KEEP THIS IN YOUR GLOVE BOX
This material is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney regarding your individual situation.
Stay safe. Stay smart. Stay calm.
For more cannabis education, visit: kymedcan.ky.gov
Kentucky Alternative Care
2401-B Bardstown Road, Louisville, KY
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Questions? 1625 Sale Avenue, Louisville, KY · 502-794-6976