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Jefferson County Halting Prosecution For Small Amounts Of Marijuana

AP Photo/Richard Vogel, File

Jefferson County Attorney Mike O’Connell says his office is changing the way it treats low-level marijuana possession cases. 

While possessing marijuana remains illegal in the commonwealth, cases involving one ounce or less will no longer be prosecuted in Jefferson County — if the possession citation is the only or most serious charge and the offender is over 21.

O’Connell announced the policy change Wednesday morning.

"My office will still receive any citation for marijuana brought to us by police, but we will use our limited prosecutorial resources in as strategic and efficient a manner as possible," the county attorney told local media. "In my office, that now means that we will devote even more time and attention to serious and potentially deadly crimes involving guns, domestic violence, DUI, and not to mention the opioid crisis." 

O’Connell also cited racial disparities in the application of marijuana laws, pointing to a 2019 Louisville Courier-Journal report showing black residents of Kentucky's largest city were arrested for marijuana possession at a rate six times higher than whites, and shifting norms across the country as reasons behind the decision.

"For me, to truly be a minister of justice I cannot sit idly by when communities of color are treated fifferently in the justice system," O'Connell added. 

Cases that involve trafficking, cultivation, public use, or driving under the influence will still be prosecuted.

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.