Commonwealth v. Harrelson

I agree with Justice Cooper’s concurring opinion that the Legislature cannot criminalize the possession of hemp (cannabis sativa indica) consistently with Kentucky Constitution § 2 simply because it physi*551cally resembles marijuana (cannabis sativa sativa) and may complicate drug enforcement efforts. In my opinion, the General Assembly may prohibit or otherwise regulate hemp within its definition of marijuana, KRS 218A.010(14), because hemp contains a quantity of tetrahydrocannabinols (THC). We need not, however, rely upon other legislation enacted by the General Assembly or the United States…