Drug Possession
KRS 218A.1415 — first degree possession is a Class D felony capped at three years
Possession in the first degree is knowingly and unlawfully possessing a Schedule I or II narcotic, a controlled substance analogue, methamphetamine, LSD, PCP, GHB or flunitrazepam. It is a Class D felony, but the maximum term is three years.
- On a first or second offense, the person may receive deferred prosecution or presumptive probation.
- Deferred prosecution is the preferred alternative for a first offense.
- A person who does not enter deferred prosecution is subject to presumptive probation, unless the court finds them ineligible.
Possession in the second degree, of a Schedule I or II substance that is not a narcotic or of a Schedule III substance, is a Class A misdemeanor.
Sources for this section (2)
- KRS 218A.1415 — Possession of controlled substance in first degree -- Penalties
- KRS 218A.1416 — Possession of controlled substance in second degree -- Penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.