You don’t have to have drugs in your pocket or hand to be charged with drug possession. And you don’t have to have a whole bag full of weed to be arrested in the state of Kentucky. Each and every drug charge is treated very seriously in this state, carrying stiff penalties upon conviction.

Some states are progressive enough that marijuana has at least been decriminalized, so that you receive only a ticket for a small amount. This isn’t the case in Kentucky. Whether you have a joint or a few ounces, you will face criminal charges. For drugs like cocaine and meth, the penalties are even more severe.

Kentucky Drug Possession Laws

First Degree Drug Possession

First degree drug possession is defined as possessing any amount of methamphetamine, cocaine, heroin, LSD, GHB, or any narcotic classified as a Schedule I or II substance. The penalty you face if convicted of this offense depends on your criminal history.

If this is your first offense drug charge, you will be charged with a Class D felony. A class D felony carries 1 to 5 years in prison upon conviction.

If this is your second or greater drug offense, you will face a Class C felony charge. If convicted, a class C felony carries 5 to 10 years in prison.

Second Degree Drug Possession

Second degree drug possession applies to drugs that are classified as Schedule I or II but not included in first-degree drug possession. This includes some prescription drugs.

If this is your first offense, you will face a Class A misdemeanor charge and 90 days to 1 year in jail.

If this is your second or greater offense, you will be charged with a Class D felony and face up to 5 years in prison.

Marijuana Possession

Possession of marijuana is a criminal charge. You won’t get off with merely a ticket in the state of Kentucky. If you are found possessing less than 8 ounces, you will face up to 45 days in jail and $250 under this misdemeanor offense.

More than 8 ounces is usually charged as “possession with intent to sell” and carries felony penalties dependent on the amount in question and your criminal history.

When you are charged with possession of any drugs in Kentucky, you need an experienced advocate on your side. Let us put you in touch with a local criminal defense attorney today.