Higher conviction rate in Appalachian region
BY PHILL BARNETT
MOUNTAIN CITIZEN
FRANKFORT — Despite a nationwide shift towards the decriminalization and legalization of cannabis, Kentucky and only 17 other states remain outliers. A recent report from the Kentucky Center for Economic Policy (KCEP) reveals that Kentucky’s approach to cannabis criminalization not only runs counter to national trends but also has long-lasting and disparate impacts on its residents.
The numbers are staggering. Over 300,000 Kentuckians have been charged with a cannabis-related crime between June 2002 and July 2022. That’s nearly two people every hour, every day for two decades. What’s more, over half of those charged were convicted. This is not a marginal issue; one out of every 10 people charged with a crime in Kentucky during this period faced cannabis charges.
The report also uncovers regional disparities that raise questions about the equitable application of law. For instance, Jefferson County (including Louisville) had 72,717 people charged with cannabis offenses; the Appalachian region was not far behind with 64,656 people charged. However, the conviction rate in the Appalachian region stood at a significantly higher 65% compared to 40% in Jefferson County.
Western Kentucky had the highest conviction rate for cannabis offenses at a startling 78%, indicating that where you live in Kentucky could significantly influence whether you are convicted of a cannabis offense.
Though Martin and Pike County saw roughly the same number of cannabis-related charges per capita, Martin County’s conviction rate was 76% while Pike County’s conviction rate was only 39%.
The criminalization of cannabis in Kentucky has far-reaching consequences that extend beyond legal penalties. These consequences disproportionately affect low-income and minority Kentuckians, impacting their economic security, employment, health, housing, and ability to participate fully in community life.
While Kentucky and local lawmakers have made some legislative moves to mitigate the impact of cannabis criminalization, such as limiting cannabis possession prosecution in Jefferson County and legalizing cannabis for certain medical uses starting in 2025, these are small steps. The state continues to subject people to incarceration, burdensome fines, and criminal charges for cannabis crimes despite dramatic shifts in public opinion.
The KCEP report serves as a call to action for Kentucky and local lawmakers, especially in communities where charge and conviction rates are the highest. It suggests that the state should not only catch up with the rest of the country but also address the systemic issues that its current cannabis policies perpetuate within the state.
The report indicates that there is momentum toward a new approach that acknowledges the harms of cannabis criminalization and that it needs to be maintained and accelerated.