Drug Possession

Drug possession is a very common crime, but it can be classified as a felony or misdemeanor, depending on the drugs involved. Eric L. Ray is an experienced Kentucky criminal defense attorney who can review your case to make sure your best interests are represented. For example, he will investigate to see if you actually were in possession of the drug or drugs you are charged to have had. He also will determine whether the police violated your 4th Amendment rights (“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”) when they searched for and/or found any drugs. Additionally, Kentucky law allows certain possession charges to enter into deferred prosecution or diversion programs. The best defense against such charges is to hire a criminal lawyer who will assess your options and vigorously defend you against the charges.

KRS 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.

KRS 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.

KRS 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.