If you are caught with a controlled substance, you could face serious penalties in the state of Kentucky. However, drug laws in this state can be incredibly complicated and difficult to comprehend, especially when you are already overwhelmed by the gravity of the situation. Understanding these laws is the first step to fighting your charges and working toward the best possible outcome.
What Is a Controlled Substance?
A controlled substance is any drug whose manufacture, possession or use is regulated by the government. Some examples of controlled substances in the state of Kentucky include:
- Ketamine
- Xanax
- Ambien
- Ativan
- Vicodin
- Percocet
- Oxycontin.
You can find a comprehensive list of controlled substances in Kentucky here. Some of these substances are considered more dangerous than others.
How Crimes Involving Controlled Substances Are Classified
Kentucky recognizes several specific crimes related to controlled substances, including:
- Drug possession
- Drug cultivation
- Drug manufacturing
- Drug trafficking
- Intent to sell controlled substances
- Prescription drug fraud.
The state of Kentucky assigns different classes to specific drug offenses. These classes determine the minimum and maximum sentences for the crime if you are convicted. Your sentence will also depend on the number of offenses on your record, as well as other factors.
Crime Classification
Drug Possession
You may be charged with drug possession in the state of Kentucky if you have drugs in your possession and under your control. To convict you for this crime, the court must see concrete evidence that proves your guilt beyond a reasonable doubt.
The consequences for a drug possession conviction will depend on whether the state classifies the charge as a first-, second-, or third-degree offense. The law determines the degree of the offense based on the type of drug.
- First Degree – If it is your first drug possession offense, your crime will be a Class D felony. For a second or subsequent offense, it could be a Class C felony.
- Second Degree – For your first offense, a second-degree crime will be a Class A misdemeanor. For a second or subsequent offense, it will be a Class D felony.
- Third Degree – For the first third degree offense, your crime will be classified as a Class A misdemeanor. For a second or subsequent offense, it will be classified as a Class D felony.
Drug Trafficking
Drug trafficking is considered a much more serious crime than drug possession. You may be charged with drug trafficking if you have a large quantity of drugs and/or if you have other items that indicate trafficking, such as a scale or a significant amount of cash.
Your potential penalties for a drug trafficking conviction will depend on the type of drugs involved. The penalties for trafficking of Schedule I or Schedule II substances are the most serious and may include up to ten years in prison and a fine of up to $10,000 for a first offense. Subsequent offenses carry higher penalties.
Manufacturing
The most commonly manufactured drug in Kentucky is methamphetamine. You can be convicted of manufacturing methamphetamine if you knowingly manufacture this drug or if you have intentions of manufacturing it and you have two or more pieces of equipment or chemicals used to make it. These commonly include acetone, pseudoephedrine, jugs and bottles, storage containers and propane.
Your first offense will be a Class B felony, while subsequent offenses could be a Class A felony.
Reducing Your Jail Time
In some cases, you may be able to reduce or eliminate your jail time by going to rehab or a drug treatment program instead. The drug crime lawyers of Dan Carman & Attorneys, PLLC are well acquainted with alternative sentencing options in Kentucky. We know the law, the courts and the prosecutors, and we can help you make the right decisions and get the best possible outcome in your situation.
Contacting an Attorney
If you have been charged with a crime involving a controlled substance, or if you think you may be charged with such a crime in the near future, you need to consult an experienced attorney as soon as possible.
An experienced criminal defense attorney such as those at Dan Carman & Attorneys, PLLC will be able to help you throughout every phase of your case. We will assemble a collection of evidence and witnesses that will support your case, mount a strong defense, and give you the best chance of a good outcome. We will also be able to help you decide, based on the facts of your case and your personal situation, whether to make a deal or go to trial.
Don’t face criminal charges for controlled substances alone. Please call Dan Carman & Attorneys, PLLC today.
