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HB 199

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

2026 Regular Session Introduced by Tina Bojanowski and 6 co-sponsors

HB 199 would enshrine cannabis possession rules in the Kentucky Constitution, setting possession limits, penalties, and regulatory details that require constitutional amendment to

to Elections, Const. Amendments & Intergovernmental Affairs (H)
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Bill Summary · HB 199

Bill Overview

  • Bill: HB 199
  • Session: 2026 Regular Session (KY)
  • Jurisdiction: Kentucky
  • Title: AN ACT proposing to create a new section of the Constitution of Kentucky relating to the possession of cannabis.
  • Status: Introduced in the House on 2026-01-07; referred to Elections, Const. Amendments & Intergovernmental Affairs (H) and later to Committee on Committees (H). Action history shows committee referrals on 2026-01-07 and subsequent committee processing.

Purpose and Intent

HB 199 proposes adding a new constitutional section governing the possession of cannabis. As a constitutional amendment, its primary aim is to establish the legal framework, standards, and protections related to possessing cannabis within Kentucky, rather than ordinary statute. The bill seeks to enshrine possession rules in the Kentucky Constitution, potentially creating a higher-level, more durable standard that would require future legislation to conform to or implement details consistent with the constitutional provision.

Key Provisions (What the Bill Would Do)

  • Establishment of a new constitutional restraint or authorization on cannabis possession: The bill would create a dedicated section within the Kentucky Constitution focused on cannabis possession.
  • Constitutional parameters: While the exact language is not provided here, such provisions typically address:
    • Whether possession is lawful or regulated, and under what circumstances.
    • Minimum ages for permissible possession or use.
    • Possession limits (quantities allowed for individuals, including any allowances for medical use).
    • Regulatory oversight by a state agency (e.g., licensing, enforcement, and penalties).
    • Preemption or interaction with existing state criminal statutes and penalties.
  • Amendment pathway: As a constitutional amendment, passage would ordinarily require approval by both chambers of the Kentucky General Assembly and voter ratification in a statewide referendum.

Affected Parties and Impacts

  • Individuals: Possession rights or restrictions would directly affect residents, including:
    • Adults who possess cannabis within the limits set by the constitutional provision.
    • Possessors of cannabis for medical use, if the measure provides for medical exemptions or protections.
  • Law enforcement and judicial systems: The change would guide enforcement standards, penalties, and how laws are applied, potentially shifting or clarifying offenses related to possession.
  • State agencies: Regulatory bodies would implement and enforce cannabis possession rules consistent with the new constitutional provision.
  • Legal and political landscape: The constitutionally enshrined rules could constrain future legislative changes, requiring constitutional amendments for further changes to possession policy.

Procedural and Timeline Considerations

  • Introduction: January 7, 2026.
  • Committee actions: Referred to Committee on Committees (H) on the same day, with subsequent referral to Elections, Const. Amendments & Intergovernmental Affairs (H).
  • Ratification path: If advanced, the bill would require approval by both the Kentucky House and Senate, followed by statewide voter approval to amend the Constitution.
  • Effective date: Typically, constitutional amendments become effective when ratified by voters and, in some cases, may specify an operative date or stage-in period for implementing rules.

Notes for Readers

  • The exact text of the proposed constitutional language is not provided here; the summary reflects common structure found in constitutional cannabis possession amendments.
  • Because the measure would alter the Kentucky Constitution, it would have a more durable and potentially broader impact than ordinary statute, limiting the legislature’s ability to change possession rules without another constitutional amendment.
  • Readers should monitor subsequent committee reports and the ballot language if the measure advances, as those documents will specify precise possession limits, medical exemptions, penalties, enforcement provisions, and the effective date.

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

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