Possession Of A Controlled Substance In Kentucky
There are many different drug crimes in Kentucky. However, some drug crimes are charged more often than others. One of the most commonly charged drug crimes in Kentucky is possession of a controlled substance. If you are caught with a controlled substance in Kentucky, you could face serious consequences, especially if you are caught with a large quantity of a highly addictive substance.
Defining Controlled Substance
Simply put, a controlled substance is any drug whose production, possession, or usage is regulated by the government. Examples of controlled substances in Kentucky include;
- Ambien
- Codeine
- Cocaine
- Ketamine
- Ativan
- Diazepam
- Sympazan
- Percocet
It is crucial to note that not all controlled substances are the same. Some controlled substances are considered more dangerous than others.
Differing Degrees of Drug Possession Crimes
Generally, unless under limited exceptions, such as possessing legally prescribed prescription drugs, it is against the law to possess a controlled substance in the state of Kentucky. If caught with a controlled substance, you could be charged with either the possession of a controlled substance in the first degree, second degree, or third degree.
Possession of a Controlled Substance in the First Degree
An individual is guilty of an offense in the first degree when they knowingly and illegally possess;
- A classified controlled substance in Schedules I or II and is a narcotic drug;
- Methamphetamine;
- Phencyclidine;
- Lysergic acid diethylamide;
- Flunitrazepam;
- Gamma hydroxybutyric acid; or
- A controlled substance analog.
An offense in the first degree is a Class D felony punishable by a fine of up to $10,000, or jail time of up to three years, or both.
Possession of a Controlled Substance in the Second Degree
An individual is guilty of an offense in the second degree if they unlawfully and knowingly possess;
- a classified controlled substance in Schedules I or II that is not a narcotic drug;
- a classified controlled substance in Schedule III, but not salvia, synthetic drugs, or marijuana.
An offense in the second degree is a Class A misdemeanor. If convicted of such a crime, you risk paying a fine of $500, or spending up to one year in jail, or both.
Possession of a Controlled Substance in the Third Degree
If you knowingly and unlawfully possess a controlled substance classified in Schedules IV or V, you are guilty of possessing a controlled substance in the third degree. This type of crime is a Class A misdemeanor. Punishments for this crime include a fine of $500, or up to one year in prison, or both.
Possession of Salvia
You are guilty of possession of salvia if you knowingly and unlawfully possess salvia for human consumption. Such a crime is a Class B misdemeanor. Punishments for such a crime include a fine of $250, or up to 30 days in jail, or both.
Possession of Marijuana
You are guilty of possession of marijuana if you knowingly and unlawfully possess marijuana. Such a crime is also a Class B misdemeanor. However, unlike the crime of possession of salvia, possession of marijuana is punishable by a jail term of up to 45 days.
Contact a London Drug Crime Attorney
If you have been arrested and charged with the crime of possession of a controlled substance, speak to a skilled London drug crime attorney at Cessna & George Law Firm who understands Kentucky’s drug laws. Contact us today to begin working on your case.
