Seek an Expert Kentucky Marijuana Offenses Lawyer
Over the past two decades, over 300,000 Kentuckians have been charged with marijuana-related offenses. Regardless of conversations about legalizing marijuana, medical marijuana, and hemp as a cash crop, the fact is that possessing marijuana, growing marijuana, and selling marijuana are all Kentucky marijuana offenses. Driving under the influence of marijuana and possession of drug paraphernalia can also get you in trouble.
Your First Steps
If you find yourself facing any marijuana-related charges, you need an attorney. Dan Carman, Attorney at Law, will be able to help you through the legal tangle and achieve the best possible outcome for you. Here are the first steps you should consider:
- Exercise Your Right to Remain Silent: Upon arrest or during any interactions with law enforcement, remember your right to remain silent. You do not have to answer any questions or provide potentially self-incriminating information. Inform the officer that you wish to remain silent until you have an attorney present.
- Avoid Self-Incrimination: Do not discuss your case with anyone other than your attorney. Anything you say to friends, family, or social media could be used against you in court. Be cautious about sharing information related to your case.
- Gather Evidence: If you have any evidence that may support your defense, share it with your attorney. This could include witness statements, surveillance footage, or other relevant documents.
- Consult With an Experienced Attorney: Your first and most critical step should be to consult an experienced criminal defense attorney adept in handling drug-related cases. The attorneys at Dan Carman Law Firm understand Kentucky laws and penalties and can provide you with the guidance you need.
Call us at (859) 685-1055 as soon as you know you are facing marijuana charges, or use this online form.
Our First Step at Dan Carman Law Firm
One of the advantages of using a local criminal defense attorney is that we know how our local prosecutors and judges usually handle drug cases. We’re familiar with the outcome of cases similar to yours, and we can put this experience to work for you. Here is how we can help.
- Reviewing the Circumstances of Your Arrest: One of our initial steps in building your defense is a comprehensive review of your arrest’s circumstances. Our lawyers scrutinize critical details such as whether there was reasonable cause for the initial stop, whether the search and seizure procedures were conducted in accordance with the law, and whether the search of your home was conducted with a valid warrant. Any procedural errors or violations of your rights can be key elements in your defense strategy.
- Prior Arrests and Conditional Release: If you have prior arrests on your record, we assess their relevance to your current case. Kentucky offers options for conditional release, alternative sentencing, or diversion programs for first-time offenders.
- Potential Penalties Explanation: We understand that facing marijuana-related charges can result in severe consequences, including fines, probation, and even incarceration. We will provide a clear and comprehensive explanation of the potential penalties associated with your charges, ensuring you are fully informed about the stakes involved.
- Seeking Reduction of Charges: Our legal team will advocate for reducing charges where applicable and in your best interests. We will explore every available legal avenue to minimize the impact of the Kentucky marijuana offense against you, including negotiating with prosecutors for a favorable plea deal or pursuing alternative sentencing options.
Kentucky Marijuana Laws And Penalties
Possession of Marijuana
Cannabis laws in Kentucky classify marijuana as a Schedule I substance. It is a crime to possess any amount of marijuana, including small amounts, for personal use.
Kentucky has recently reduced the penalties for the first offenses of possession of marijuana. Possession for the personal use of up to eight ounces of pot is a Class B misdemeanor, with a maximum penalty of 45 days in jail. Subsequent offenses with up to eight ounces are still felonies, punishable by up to five years in prison and a fine of up to $10,000. Possession of 8 ounces or more is typically considered trafficking by default.
It is illegal to cultivate marijuana plants in Kentucky. A person who possesses five or more plants is presumed to be cultivating with the intent to sell. A first offense for the cultivation of five or more plants is a Class D felony, punishable by one to five years imprisonment and a fine of $1,000 to $10,000; second and subsequent offenses are Class C felonies, punishable with a fine of $1,000 to $10,000, five to ten years in prison, or both.
If you are found to be growing four or fewer plants, the prosecutor must prove that you had the intent to sell marijuana. A first offense is a Class A misdemeanor, punishable by a maximum sentence of 12 months imprisonment and a maximum fine of $500, but subsequent offenses are Class D felonies and can get you one to five years in prison and up to a $10,000 fine.
Trafficking includes processing or selling marijuana (or possessing it with the intent to do so). Trafficking in marijuana is illegal in Kentucky, and penalties vary according to the violation.
A first offense of trafficking up to eight ounces of marijuana is a Class A misdemeanor, punishable with a fine of up to $500, up to 12 months in jail, or both. Second and subsequent offenses in this amount are Class C felonies, punishable with a fine of between $1,000 and $10,000, between five and ten years in prison, or both.
If you are found guilty of selling between eight ounces and five pounds of marijuana, you are facing a felony conviction. A first offense is a Class D felony, punishable with a fine of between $1,000 and $10,000, between one and five years in prison, or both. Second and subsequent offenses are Class C felonies, punishable with a fine of between $1,000 and $10,000, between five and ten years in prison, or both.
A first offense of trafficking five pounds or more of marijuana is a Class C felony, punishable with a fine of between $1,000 and $10,000, between five and ten years in prison, or both. Second and subsequent offenses are Class B felonies, punishable with a fine of between $1,000 and $10,000, between ten and 20 years in prison, or both.
Distributing any amount to a minor is a felony, as is distributing any amount on or within 1,000 feet of a school building. Penalties depend on whether it is a first or subsequent offense.
Possessing Drug Paraphernalia
It is illegal in Kentucky to possess or distribute drug paraphernalia or to manufacture or possess paraphernalia with the intent to distribute it. You cannot advertise items that you know or should know are designed or intended to be used as drug paraphernalia. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana.
Items that could be considered drug paraphernalia commonly used with marijuana include rolling papers, blunts (cigar tubes), pipes, bongs, and roach clips.
Possession of paraphernalia (first offense) is a misdemeanor, punishable by 1 year in jail and a $500 fine.
Possession of paraphernalia (subsequent offense) is a felony, punishable by 1-5 years in prison and up to a $10,000 fine.
Contact a Marijuana Defense Lawyer Today
When facing marijuana-related charges in Kentucky, having an experienced attorney like Dan Carman, Attorney at Law, on your side can make a significant difference in the outcome of your case. With his expertise and dedication to your legal rights, you can trust that you are in capable hands. A phone call to Dan Carman could be the next step you need to take. Contact us by phone at (859) 685-1055 or through our online form here.