March 9th, 2020 by Attorney Dan Carman
Drug possession in Kentucky can be a serious charge, particularly if it involves a highly addictive substance in larger quantities. In the face of the opioid epidemic, law enforcement has cracked down and shows little tolerance for drug trafficking or repeat offenders. If you’ve been arrested, you may be wondering “is drug possession a felony in KY?”
The answer depends on several factors. A charge of drug possession can be a misdemeanor or a felony. Simple possession of a small amount of marijuana for personal use can be a misdemeanor, while possession of a large amount of narcotics with an intent to sell can be a felony. If you’ve been arrested, you need a skilled drug charges lawyer who understands the ins and outs of the law and can build a strong defense on your behalf. Attorney Dan Carman in Lexington has decades of experience representing people arrested for drug crimes.
Dan practices law in all Kentucky courts, the United States District Courts for the Eastern and Western Districts of Kentucky, and the U.S. Court of Appeals, Sixth Circuit. He is tested and true when defending clients in both initial trials and appeals. Dan Carman is a member of the American, Kentucky, and Fayette County Bar Associations. He is an attorney you can trust because he is direct, honest and forthright. For a free initial consultation about your case, call Dan at 859-475-1735.
Where should I look to find out whether drug possession is a felony in KY?
Is drug possession a felony in KY? Kentucky law discusses possession of controlled substances in KY Statute 218A. See here for links and specific explanations. “Possession” means that the drugs are actually in your custody and under your control.
Controlled substances are classified in Kentucky from Schedule I to Schedule V.
Schedule I drugs and controlled substances are those that a) have a high potential for abuse, and b) have no accepted medical treatment in the United States or lacks accepted safety for use in treatment under medical supervision. Examples of Schedule I substances are narcotics, heroin, LSD, marijuana and others. Schedule V substances are those that a) have a low potential for abuse, b) have accepted medical uses, and c) have a limited possibility for physical or psychological dependence.
The consequences for breaking Kentucky’s drug possession laws are determined by whether the charge is considered a first-, second- or third-degree offense. Kentucky determines the degree based on the type of substance involved.
For example, a person charged in the second-degree for possessing specific amounts of Schedule I or II controlled substances that are not narcotics can be charged with a class A misdemeanor. Penalties upon conviction include a $500 fine and/or up to one year in jail.
On the other hand, a person who is charged with first-degree possession of narcotics, meth or LSD is facing a Class D felony. Penalties can include 1-5 years in prison.
If you’ve been arrested on drug charges, a skilled and experienced criminal attorney should be your first phone call. Contact attorney Dan Carman at 859-685-1055 to get your strong defense started today.
Is simple possession a felony?
Whether simple possession is a misdemeanor or felony depends on several factors, including the substance involved, the amount, and whether charges are first-, second- or third-degree. Generally, the greater the amount of a substance in your possession, the worse things are for you. Also, if you are trafficking drugs or are a repeat offender, you will face more serious charges. Understanding drug classifications and penalties is essential in mounting an effective defense. You need a skilled and experienced drug charges lawyer who is willing to fight hard on your behalf to achieve the best possible outcome in your case.
Contact a skilled drug possession lawyer today
If you’ve been arrested on a drug charge, your future could be determined by the skill of the lawyer you hire. Attorney Dan Carman fights aggressively on behalf of each of his clients to achieve the best outcome possible. Highly experienced and skilled, Dan will use his knowledge of the law to negotiate for a reduced sentence or to have charges thrown out. For a free initial consultation about your case, call attorney Dan Carman at 859-475-1735.