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Lexington Drug Possession Lawyer

Lexington Drug Possession Lawyer

Have you been arrested for drug possession in Lexington, Kentucky? Do not delay in seeking experienced legal counsel to help you fight the charges. With your freedom, good name and even employment on the line, I am here to help you at Oakley & Oakley, LLC.

My name is Jay Oakley, and I have nearly 20 years of experience defending Lexington residents in federal and state courts for drug crimes. Contact my law firm to schedule a free consultation with me and begin building the strong defense you deserve.

How I Can Help If You’re Arrested For Drug Possession In Lexington

When you are charged with drug possession, you are facing the full brunt of the criminal justice system. Kentucky drug laws are harsh. Prosecutors have little sympathy for alleged offenders, even in cases involving simple drug possession for personal use.

You deserve a Lexington criminal defense attorney on your side who will protect your constitutional rights and uphold the sacred principle that you are innocent until proven guilty.

Oakley & Oakley, LLC, has been providing legal representation to Lexington residents since 2017. I have over 15 years of experience handling federal and state criminal charges.

When you choose me to represent you in your drug possession case, I will:

  • Offer sound legal advice on the best approach to winning your case
  • Investigate your case to determine if your rights were violated
  • Challenge the state’s evidence against you, including how it was identified and obtained and whether it is valid
  • Work with specialists for expert testimony to level the playing field against you

I believe you deserve a defense lawyer who cares about you. I will fight to preserve your future and secure the best possible outcome. Contact Oakley & Oakley, LLC, today for a free case review with me to begin crafting your defense.

Overview Of Drug Possession Laws In Kentucky

Possession of a controlled substance is perhaps the most common drug offense in Lexington. Kentucky Revised Statutes Chapter 218A classifies common controlled substances and defines prohibited acts related to controlled substances.

In Kentucky, controlled substances and the compounds used to manufacture them are divided into five “schedules.” The severity of a drug possession offense will depend on the type of drug and its schedule, the amount of the drug and whether you have a prior criminal record.

Drug possession is a first-degree, second-degree or third-degree offense in Kentucky. Note that possession of marijuana is also illegal but is treated separately from controlled substances.

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.

 

Have a Question?

  • What is Probable Cause?

    Probable cause is a legal term that is often misunderstood. Law enforcement must have probable cause to believe you committed a crime before they search or arrest someone.

    Probable cause is a particular and reasonable belief that an individual is:

    • committing a crime,
    • has committed a crime or
    • is about to commit a crime.

    View More Here

  • How to Know if You Hired a Good or Bad Criminal Defense Attorney

    If you are accused of a crime or you are under investigation for a crime, you have the right to legal counsel. It does not matter whether you face drug crime charges, DUI charges, or weapons charges. The United States Constitution guarantees you the right to consult with a criminal defense lawyer. Never give up or waive your right to counsel when facing criminal charges in Kentucky. Always exercise your right to consult with a lawyer before answering questions or giving the police a statement.

    View More Here

  • Do I Need a Criminal Defense Lawyer if I Shoot Someone Who Breaks Into My House?

    If someone breaks into your home, the use of deadly force could be justifiable under Kentucky’s self-defense laws and the Castle Doctrine. However, there are exceptions in which the use of deadly force could result in an arrest for assault, homicide, or manslaughter.

    It is wise to understand your legal rights to avoid a weapons charge or murder charge, especially if you own a gun to protect yourself and your family from intruders.

    View More Here

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.

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