Kentucky Statutes 218A.1415 – Possession of controlled substance in first degree — Penalties
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(1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:
(a) A controlled substance that is classified in Schedules I or II and is a narcotic drug;
For details, see § 532.060
(b) A controlled substance analogue; (c) Methamphetamine;
(d) Lysergic acid diethylamide; (e) Phencyclidine;
(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
(g) Flunitrazepam, including its salts, isomers, and salts of isomers.
(2) Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions:
(a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
(b) For a person’s first or second offense under this section, he or she may be subject to a period of:
1. Deferred prosecution pursuant to KRS § 218A.14151; or
2. Presumptive probation;
(c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
(d) If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS § 218A.010.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 12, effective June 8, 2011. — Amended
2002 Ky. Acts ch. 259, sec. 2, effective July 15, 2002. — Amended 1998 Ky. Acts ch.
606, sec. 65, effective July 15, 1998. — Created 1992 Ky. Acts ch. 441, sec. 15, effective July 14, 1992.
(a) A controlled substance that is classified in Schedules I or II and is a narcotic drug;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 218A.1415
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Drug: means :
(a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Kentucky Statutes 218A.010 - Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
- Presumptive probation: means a sentence of probation not to exceed the maximum term specified for the offense, subject to conditions otherwise authorized by law, that is presumed to be the appropriate sentence for certain offenses designated in this chapter, notwithstanding contrary provisions of KRS Chapter 533. See Kentucky Statutes 218A.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) A controlled substance analogue; (c) Methamphetamine;
(d) Lysergic acid diethylamide; (e) Phencyclidine;
(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
(g) Flunitrazepam, including its salts, isomers, and salts of isomers.
(2) Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions:
(a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
(b) For a person’s first or second offense under this section, he or she may be subject to a period of:
1. Deferred prosecution pursuant to KRS § 218A.14151; or
2. Presumptive probation;
(c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
(d) If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS § 218A.010.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 12, effective June 8, 2011. — Amended
2002 Ky. Acts ch. 259, sec. 2, effective July 15, 2002. — Amended 1998 Ky. Acts ch.
606, sec. 65, effective July 15, 1998. — Created 1992 Ky. Acts ch. 441, sec. 15, effective July 14, 1992.