Drug Possession

Drug possession is a very common crime, but can have a wide range in punishments depending on the drug. A criminal attorney can review your case to make sure that you were actually in possession of the drug or if the police violated your 4th amendment right when they found them. Consulting with a criminal lawyer can help you look at your different options, whether it is a trial, diversion, or differed prosecution. 

218A.1415 Possession of controlled substance in first degree -- Penalties. (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug; (b) A controlled substance analogue; (c) Methamphetamine; (d) Lysergic acid diethylamide; (e) Phencyclidine; (f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or (g) Flunitrazepam, including its salts, isomers, and salts of isomers. (2) Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions: (a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532; (b) For a person's first or second offense under this section, he or she may be subject to a period of: 1. Deferred prosecution pursuant to KRS 218A.14151; or 2. Presumptive probation; (c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and (d) If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS 218A.010.

218A.1416 Possession of controlled substance in second degree -- Penalties. (1) A person is guilty of possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses: a controlled substance classified in Schedules I or II which is not a narcotic drug; or specified in KRS 218A.1415; or a controlled substance classified in Schedule III; but not synthetic drugs, salvia, or marijuana. (2) Possession of a controlled substance in the second degree is a Class A misdemeanor.

218A.1417 Possession of controlled substance in third degree -- Penalties. (1) A person is guilty of possession of a controlled substance in the third degree when he or she knowingly and unlawfully possesses a controlled substance classified in Schedules IV or V. (2) Possession of a controlled substance in the third degree is a Class A misdemeanor.