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SB 168

AN ACT proposing to create a new section of the Constitution of Kentucky relating to the possession of cannabis.

2026 Regular Session Introduced by Gary Clemons and 2 co-sponsors

Kentucky SB 168 proposes constitutional amendment establishing legal framework for cannabis possession, requiring voter approval to reshape state drug policy.

to Committee on Committees (S)
#cannabis #constitution #ky. #correctionsimpact #countyclerks #drugsandmedicines #generalassembly #licensing #localmandate #secretaryofstate
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WeVote Research Nonpartisan
Bill Summary · SB 168

Legislative bill overview

SB 168 proposes a constitutional amendment to Kentucky's state constitution that would establish a new section specifically addressing the possession of cannabis. The bill was introduced in February 2026 and is currently in committee review. This would require approval from both the legislature and Kentucky voters to become part of the state constitution.

Why is this important

Cannabis possession laws significantly affect criminal justice outcomes, incarceration rates, and individuals' economic opportunities. A constitutional amendment on this issue would provide stronger legal protections than statutory law alone and reflect a fundamental shift in Kentucky's approach to cannabis regulation. This reflects broader national trends toward cannabis legalization and decriminalization that have occurred in numerous states.

Potential points of contention

  • Scope of legalization vs. decriminalization: The bill's language doesn't specify whether it legalizes cannabis entirely, decriminalizes possession, or merely protects certain possession amounts—each option carries different implications for law enforcement and public health
  • Medical vs. recreational use: Kentucky voters may disagree on whether the amendment should cover only medical cannabis (with physician oversight) or also permit recreational use without restrictions
  • Implementation details absent: The bill provides no detail on licensing, taxation, age restrictions, driving under the influence standards, or workplace policies, leaving crucial questions unanswered before voters decide

Compiled from official sources — confirm details with the bill’s official record.

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