My Kentucky Defense Attorney Kentucky Drug Possession Laws - KY Drug Possession Charge Penalties

Kentucky Criminal Defense Attorney

Drug Possession


Facing drug possession charges can be a scary experience and rightly so.

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The penalties that come along with this type of crime can be severe and can cause long term damage to your reputation.

Many of these crimes come with serious jail time that depending on the type and quantity of the substance in your possession could result in a prison sentence of many years.

Along with prison time, you will have the social stigma that comes from drug possession attached to you and your permanent record. Many employers will not give you a job due to having a conviction for drug charges on your record. A conviction for drug possession can truly and thoroughly ruin your life.

Drug possession laws in Kentucky are defined as the possession of a controlled substance.

There are different degrees of possession of a controlled substance that you could be charged with depending on your situation.

Possession of a controlled substance in the first degree, is defined by the law as someone who knowingly and illegally possesses a substance that contains any methamphetamine, its salts, isomers, and salts of isomers or that is considered to be Schedules I or II, which is a narcotic drug.

This type of drug possession is classified as a Class D felony for your first offense and a Class C felony for subsequent offenses.

Possession of a controlled substance in the second degree is defined as knowingly but illegally possessing a substance that is classified as Schedules I or II, but is not a narcotic drug. Possession of a controlled substance in the second degree also includes some substances that are classified as Schedule III.

The first offense is classified as a Class A misdemeanor with subsequent offenses being considered a Class D felony.

Possession of a controlled substance in the third degree is defined as a person who again knowingly but illegally possess a controlled substance that is classified as Schedules IV or V. The first offense here is also considered to be a Class misdemeanor while repeated offenses are Class D felonies.

The punishments for these crimes also vary depending on how much of the substance you are found to be in possession of.

Kentucky law states that any drug possession offense that is classified as a Class A misdemeanor can carry a sentence that varies from probation all the way up to a year in prison.

Drug possession in the second and third degree can also be a Class D felony if it is a second offense. With a Class D felony, you will not get less than one year in prison, but the maximum sentence you can have is five years.

A Class C felony can end up getting you a maximum of 10 years in prison with a minimum sentence of 5 years for a second possession of a controlled substance in the first degree conviction.

These penalties can be severe, so if you are facing any type of drug possession charges, it is imperative that you get counsel and representation from a lawyer who is heavily experienced in dealing with drug possession cases in Kentucky.

A good attorney will take time to examine and investigate how the evidence against you was collected to make sure your Constitutional rights were not violated in the process.

They might also set up a strategy that calls into question the assumption that just because illegal drugs were on your property that necessarily makes them your drugs. These strategies can mean all the difference between facing a harsh prison sentence and having your whole case dismissed and a conviction avoided.