Drug Possession Defense in Lexington, Kentucky

Marijuana Possession: Legal Implications

Marijuana possession is a separate type of drug possession offense under KRS 218A.1422. This is typically a Class B misdemeanor. Marijuana cultivation and trafficking are separate charges that may be felonies.

Drug Trafficking: Understanding the Risks

It is common for a simple drug possession offense to be escalated to far more serious drug trafficking charges. Trafficking of a controlled substance may be charged if you are found in possession of a drug above the threshold amounts. For example, more than 10 doses of a Schedule I or II narcotic or non-narcotic can be considered trafficking.

Classification of Controlled Substances in Kentucky

Controlled substances, chemicals used to manufacture and their analogues are classified into drug schedules in Kentucky. Note that controlled substance analogues are substances that are similar to controlled substances or represented as being similar.

Schedule I Controlled Substances: High-Risk Drugs

These drugs have the highest risk of dependency and abuse with no accepted medical uses. Examples include:

• Heroin
• LSD
• Ecstasy
• Methylenedioxymethamphetamine (MDMA)

Schedule I drugs have the harshest penalties.

Schedule II Controlled Substances: Addictive but Medical

These drugs are highly addictive but have some medical use. Common examples include opium, cocaine and morphine.

Schedule III Controlled Substances: Moderate Risk

These drugs have some potential for abuse. Common examples are codeine and ketamine.

Schedule IV Controlled Substances: Lower Risk

This group of drugs has a relatively low risk of dependency with accepted medical uses. Examples are prescription drugs for anxiety, sleeping medication and tranquilizers.

Schedule V Controlled Substances: Minimal Risk

These drugs pose the lowest risk for abuse and dependency. They also have accepted medical uses.

```

First-Degree Drug Possession

Under KRS 218A.1415, first-degree drug possession is a Class D felony for a first offense. For a subsequent offense, it is a Class C felony. First-degree possession is charged for Schedule I or Schedule II narcotics, methamphetamine and controlled substance analogues.

You will be charged with first-degree drug possession if you have any amount of cocaine, heroin, LSD, methamphetamine or other Schedule I or Schedule II narcotics.

Second-Degree Drug Possession

Under KRS 218A.1416, this is a Class A misdemeanor for a first offense. It is a Class D felony for a subsequent offense. It is charged for possession of non-narcotic Schedule I or Schedule II drugs and the majority of Schedule III controlled substances. Some prescription drugs are included in this category as well.

Third-Degree Drug Possession

Under KRS 218A.1417, this is a Class A misdemeanor for a first offense. It is upgraded to a Class D felony for a subsequent offense. Third-degree possession is charged for possession of Schedule IV or Schedule V drugs.

Possession Of Marijuana

Marijuana possession is a separate type of drug possession offense under KRS 218A.1422. This is typically a Class B misdemeanor. Marijuana cultivation and trafficking are separate charges that may be felonies.

Drug Trafficking

It is common for a simple drug possession offense to be escalated to far more serious drug trafficking charges. Trafficking of a controlled substance may be charged if you are found in possession of a drug above the threshold amounts. For example, more than 10 doses of a Schedule I or II narcotic or non-narcotic can be considered trafficking.

How Are Controlled Substances Classified In Kentucky?

Controlled substances, chemicals used to manufacture and their analogues are classified into drug schedules in Kentucky. Note that controlled substance analogues are substances that are similar to controlled substances or represented as being similar.

Schedule I Controlled Substances

These drugs have the highest risk of dependency and abuse with no accepted medical uses. Examples include:

• Heroin
• LSD
• Ecstasy
• Methylenedioxymethamphetamine (MDMA)

Schedule I drugs have the harshest penalties.

Schedule II Controlled Substances

These drugs are highly addictive but have some medical use. Common examples include opium, cocaine and morphine.

Schedule III Controlled Substances

These drugs have some potential for abuse. Common examples are codeine and ketamine.

Schedule IV Controlled Substances

This group of drugs has a relatively low risk of dependency with accepted medical uses. Examples are prescription drugs for anxiety, sleeping medication and tranquilizers.

Schedule V Controlled Substances

These drugs pose the lowest risk for abuse and dependency. They also have accepted medical uses.

What Are The Penalties For Drug Possession In Lexington?

The penalties for a Lexington drug conviction are serious, regardless of the degree of the offense. Penalties will depend on the degree of possession and any prior criminal record. However, Kentucky drug crime sentencing does offer options to avoid jail time, even for a second offense.

If you are convicted of possession of a controlled substance in the first degree, a first or sometimes second offense may be punishable with presumptive probation or deferred prosecution. This option is available under KRS 218A.1415. Through a deferred prosecution program, you will be required to follow the terms of probation set by a judge. If probation is completed, the charge can be discharged without time in prison or fines.

If you do not meet the conditions for probation, the penalties for a Class D felony conviction include up to three years in prison and a fine of up to $1,000.

For a second or subsequent offense, first-degree drug possession is a Class C felony in Kentucky. This crime is punishable by five to 10 years in prison if you are not eligible for deferred prosecution or probation. Deferred prosecution is not available for a third or subsequent offense.

Most drug possession offenses in Kentucky are felonies. However, you may be charged with misdemeanor drug possession with the following penalties:

• Drug possession in the second degree may be punishable by up to one year in jail and/or a fine of up to $500 as a Class A misdemeanor.
• Drug possession in the third degree is punishable by up to one year in jail as a Class A misdemeanor.
• Marijuana possession is a Class B misdemeanor that is punishable by up to 45 days in jail and a fine of up to $250.

If you have prior felony convictions, you may face enhanced penalties due to a persistent felony offender status. This will not apply if you are charged with a Class D felony that would otherwise be a Class A misdemeanor if it was a first offense.

A persistent felony offender in the first degree charged with Class C or Class D felony drug possession will face 10 to 20 years in prison. A persistent felony offender in the second degree will be sentenced at the next highest degree of the charge. A Class D felony will be sentenced as a Class C felony.

A drug conviction can have lifelong consequences that go far beyond jail or prison time. It’s crucial to consult with an experienced defense attorney in Lexington as soon as possible to build your defense and seek alternatives to conviction.

What Defenses Are Available If You’re Accused Of Drug Possession In Lexington?

There are many ways to defend yourself against a drug possession charge in Lexington. As a Lexington drug crime lawyer, I will help you explore possible defense strategies available in your case.

One important defense is available through KRS 218A.133. This statute protects people who overdose on drugs from prosecution when they seek medical care.

I may also build a defense based on the following strategies:

• Violations of your constitutional rights or police misconduct: I will investigate whether police conducted an illegal search and seizure or whether other constitutional rights were violated. If so, I will seek to have evidence suppressed.
• Lack of possession: The prosecution must show that the drugs were under your control, in your possession and belonged to you. If the drugs were not yours, you may have a valid defense if the drugs were found in a shared area of your home, a roommate’s room or in your car.
• Entrapment: If you were convinced to commit a drug offense through illegal tactics or manipulation, you may have a defense of entrapment.

It’s important to contact me as soon as possible after your arrest. I will investigate the circumstances of your case and begin working on a strong defense.

Contact A Lexington Drug Possession Lawyer For A Free Consultation

When you are facing drug possession charges, remember that you are innocent until proven guilty. You may feel hopeless, but I will fight to clear your name or seek alternatives to jail time and conviction.

Contact Oakley & Oakley, LLC, today for a free consultation. I will help you explore the best legal options in your case.