150, sec. .1423 Marijuana cultivation -- Penalties. With over 100 years of combined experience, let our team of attorneys fight for your rights. A persistent felony offender in the first degree is a defendant who is older than 21, and has two or more previous felony convictions in any state where a felony incurs one year or more of prison time, and the defendant was older than 18 at the time of the previous conviction. .136 Utilization of faith-based residential treatment program -- Conditions. .1448 Offenses relating to purchases of products containing dextromethorphan by minors. .405 Definitions for KRS 218A.405 to 218A.460. Ryan was also arrested for harassment, possession of drug paraphernalia, possession of a controlled substance, and order of protection violation on Feb. 10. One of the most commonly charged drug crimes in Kentucky is possession of a controlled substance. WebA 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 For this reason, the Kentucky .141 Additional penalties for trafficking in controlled substance other than salvia or marijuana. This type of crime is a Class A misdemeanor. Princeton Man Charged with Possessing a Controlled Substance. .1404 Prohibited activities relating to controlled substances -- Penalties. Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. According to local doctors, the number of methamphetamine in Lexington, reported that patients who are high on a new, more 1308.11, including a substance temporarily scheduled or designated under 21 C.F.R. 7031 Koll Center Pkwy, Pleasanton, CA 94566. As a result, possession of even a small amount of meth can result in harsh Finally, because these particular synthetic drugs are now regulated as controlled substances, the simple possession statute and its associated penalties, 21 U.S.C. WebUnder Kentucky law, possession of meth is a Class D felony offense, punishable by at least one and up to three years incarceration, and a fine of between $1,000 and $10,000. If convicted, penalties will include a fine of at least $1,000 (and up to $10,000), or double the gain from the crime (whichever is greater); at least one (and up to three) years in prison; or both. .14151 Deferred prosecution program for first and second offenders of KRS 218A.1415. He has always gone above and beyond what I ever expected from my lawyer. 218A.991 Revocation or denial of operator's license. You're all set! WebFemales in Kentucky were at least twice as likely to end up in prison than females anywhere else in the country, as of 2017. Both subjects were charged with Criminal Possession of a Weapon 2 nd Degree, (2 Counts), Criminal Possession of a Weapon 3 rd Degree, (2 Counts), Criminal Possession of a Controlled Substance 7 th Degree, and Unlawfully Fleeing. WebSection 218A.133 - Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose (1) As used in this section: (a) "Drug overdose" means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death which reasonably appears to be WebUnder the Kentucky Statutes, punishments for crimes depend on the classification. 300 W Short Street, Lexington, KY 40507. is punishable by 20 to 50 years in prison, or by life in prison. swallowing, snorting or injecting the drug. (1) (2) 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; (b) A controlled substance analogue; (c) $1,000 and $10,000. 218A.1417 Possession of controlled substance in third degree -- Penalties. Such a crime is also a Class B misdemeanor. 218A.185 Automated pharmacy system in residential hospice facilities. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; or specified in KRS 218A.1412, and which is not a synthetic drug, salvia, or marijuana; or 2. 218A.288 Seizure of unlawful prescription. 218A.1416 Possession of controlled substance in second degree -- Penalties. 218A.320 Criminal possession of a medical record -- Penalties. The defendant must have either completed the sentence for the previous felony within five years prior to the date when the currently-charged crime was committed, or have been on probation, parole, or in custody at the time of the currently-charged crime. A person is guilty of criminal possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses: 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of four Approximately 51% of those samples were methamphetamine. 218A.420 Procedure for disposal of seized and forfeited property -- Distribution of proceeds -- Administrative regulations on use of funds -- Adoption of policies for seizure of forfeitable assets -- Asset-forfeiture training -- Vehicles -- Joint operations. 218A.050 Schedule I controlled substances. 218A.090 Schedule III controlled substances. .080 Criteria for classification under Schedule III. .100 Criteria for classification under Schedule IV. Opportunities, Regular Session These are used to determine the dangerousness of the CDS, and the applicable penalties for personal possession (described in the next section). Possession of a controlled substance is a drug related crime. For Ann. .245 Reciprocal agreements or contracts with other states, jurisdictions, counties, or political subdivisions or with an administering organization to share prescription drug monitoring information. .1402 Criminal conspiracy to commit offense in KRS Chapter 218A -- Penalties. 218A.1432 Manufacturing methamphetamine -- Penalties. of Educational Accountability. .230 Controlled substances -- Possession, forfeiture, disposition -- Records, inspection. 218A.405 Definitions for KRS 218A.405 to 218A.460. 218A.200 Record-keeping and inventory requirements -- Penalties. (1) A person is guilty of possession of a controlled substance in the first degree when 218A.260 Repealed, effective July 1, 1992. (Ky. Rev. Section 218A.1451.). If you've been arrested for CDS possession, you'll need to consult the Kentucky Code that lists precisely which drugs fit into each group. Importing heroin, carfentanil, fentanyl, or fentanyl derivatives. Ann. 218A.070 Schedule II controlled substances. Baldani Law Group Voted Best Law Firm in Lexington in the Herald Leader 2021 Readers Choice Awards. 218A.390 Prescription Monitoring Program Compact. WebSection 218A.133 - Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose. (Creston) The Creston Police Department charged 18-year-old Ella Jean Hoffman with Possession of a Controlled Substance (Marijuana) 1 st Offense. Ann. Section 218A.1416. Calendar, Standing .1439 Trafficking in or transferring a dietary supplement -- Exceptions -- Penalties. You can explore additional available newsletters here. All applicable provisions of KRS Chapter 218A, 902 KAR Chapter 55 and other licensure board regulations will apply to gabapentin. If a person manufactures or possesses the elements used to manufacture Possession Of A Controlled Substance In Kentucky, Medical Malpractice & Nursing Home Negligence, Some Basics On Kentuckys Wrongful Death Law, Some Basics On Kentuckys Misdemeanor Crimes, Avoid These Costly Mistakes If You Are Fighting A Drug Case. manufacture meth. SHORT TITLE, ETC. For example, in many states, possessing any amount of heroin (a Schedule I substance) is a felony. For more information on CDS manufacture and sale, and the related penalties, see Sale of a Controlled Substance Kentucky. Section 1. The passenger was identified as Elfin Elliot, age 39, of Rochester. .182 Electronic prescribing of controlled substances required -- Exceptions -- Duties of pharmacist -- Administrative regulations. .281 Applicability of definitions in KRS 516.010 to KRS 218A.282 and 218A.284. Find criminal defense lawyers. methamphetamine, he or she may be charged with Trafficking in Controlled 218A.210 Controlled substances may be possessed only in original container -- Penalties. Not only was my case resolved quickly and in my favor but the handling of it was very professional. 218A.992 Enhancement of penalty when in possession of a firearm at the time of commission of offense. 218A.020 Cabinet for Health and Family Services to administer chapter -- Control of substances rescheduled under federal law -- Office of Drug Control Policy may request scheduling of substances similar to synthetic drugs. (c) If any provision of this Act is ruled unconstitutional or otherwise unenforceable, the rest of the Act shall pass into law. .440 Statement filed listing property seized -- Investigation of utilization of proceeds. SEC. Felony charges for drug possession often result when a defendant possesses a particular illegal substance or a certain quantity of specified drugs. Hes patient, professional, and kind. Chapter 218A - CONTROLLED SUBSTANCES. We believe that each of our clients deserves a strong 2023 LawServer Online, Inc. All rights reserved. is abusing this drug. LawServer is for purposes of information only and is no substitute for legal advice. A persistent felony offender in the second degree is a defendant who is older than 21, and has one previous felony conviction in any state where a felony incurs one year or more of prison time, and the defendant was older than 18 at the time of the previous conviction. 218A.1415 Possession of controlled substance in first degree -- Penalties. (a) This Act may be cited as the Controlled Substances Policies Reform Act of 2023. fades quickly, which leads many users to take the drug every few hours for days 218A.278 Pilot program to analyze outcomes and effectiveness of substance abuse treatment programs. Ramsey, Russ has been my attorney since i made my first mistake 17 years ago. For a first or second offense, the judge may subject the defendant to presumptive probation, or a deferred prosecution program. Stat. (1) (2) 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; (b) A controlled substance analogue; (c) WebUnder KRS 218A.1415 possession of a controlled substance can be considered a Class D Felony depending on the classification of the substance. 218A.141 Additional penalties for trafficking in controlled substance other than salvia or marijuana. 218A.1443 Controlled substance endangerment to a child in the third degree -- Penalty. I was informed and communicated with every step. 218A.136 Utilization of faith-based residential treatment program -- Conditions. On 2/17/2023, charges were filed against Michael Shaak for Possession of Controlled Substance (M), Possession of Drug Paraphernalia (M), and APPLE APP With limited exceptions (such as possessing legally prescribed prescription drugs), it is illegal to possess CDS in Kentucky. 218A.1423 Marijuana cultivation -- Penalties. (Creston) The Creston Police Department charged 18-year-old Ella Jean Hoffman with Possession of a Controlled Substance (Marijuana) 1 st Offense. A third or greater possession charge will result in jail time, .1415 Possession of controlled substance in first degree -- Penalties. Wes, My family and I will forever be grateful to the Baldani Law Group for the quick, knowledgeable and professional guidance they gave us during a very difficult time. For example, if the defendant's crime would normally be charged as a class D felony, but the defendant is a persistent felony offender in the second degree, the crime will instead be charged as a class C felony (and incur the applicable penalties for a class C felony upon conviction). Tips for an Effective Character Letter for a Judge. I didnt expect such a great outcome! 218A.1441 Controlled substance endangerment to a child in the first degree -- Penalty. .1446 Requirements for dispensing of ephedrine-based products -- Log or recordkeeping mechanism -- Thirty-day and one-year quantity limitations on ephedrine-based products -- Exceptions -- Preemption of local laws -- Blocking mechanism -- Annual report. .1443 Controlled substance endangerment to a child in the third degree -- Penalty. .1438 Unlawful distribution of a methamphetamine precursor -- Penalties. You're all set! You already receive all suggested Justia Opinion Summary Newsletters. Possessing illegal substances in this manner is a crime in all states and one that can lead to harsh penalties for juveniles. If convicted of such a crime, you risk paying a fine of $500, or spending up to one year in jail, or both. A Carroll woman was taken into custody yesterday (Tuesday) for alleged felony drug possession. 844, applies to them. 218A.1411 Trafficking in controlled substance in or near school -- Exception for misdemeanor salvia offenses -- Penalty. .280 Controlled substances -- Communications with practitioner not privileged. .1432 Manufacturing methamphetamine -- Penalties. number has steadily risen since 2013, when methamphetamine submissions made up Possession of a controlled substance. .1405 Use and investment of drug-related income -- Penalties. Web218A.1415 Possession of controlled substance in first degree -- Penalties. The difference is usually determined by the amount on the person, as large amounts of drugs that can be assumed are not for personal use will lead to an intent to distribute charge, regardless of whether (Ky. Rev. 218A.1410. Web(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 218A.14151 Deferred prosecution program for first and second offenders of KRS 218A.1415. Cabinet for Health and Family Services to administer chapter Control of substances rescheduled under federal law Office of Drug Control Policy may request scheduling of substances meeting criteria, Criteria for classification under Schedule I, Criteria for classification under Schedule II, Criteria for classification under Schedule III, Criteria for classification under Schedule IV, Criteria for classification under Schedule V, Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose, Pretrial release of defendant charged with offense for which conviction may result in presumptive probation, Utilization of faith-based residential treatment program Conditions, Prohibited acts relating to controlled substances Penalties, Selling controlled substances other than salvia to minor Penalties, Criminal conspiracy to commit offense in KRS Chapter 218A Penalties, Advertising controlled substance Penalties, Prohibited activities relating to controlled substances Penalties, Use and investment of drug-related income Penalties, Additional penalties for trafficking in controlled substance other than salvia or marijuana, Importing heroin, carfentanil, fentanyl, or fentanyl derivatives, Trafficking in controlled substance in or near school Exception for misdemeanor salvia offenses Penalty, Trafficking in controlled substance in first degree Penalties, Trafficking in controlled substance in second degree Penalties, Trafficking in controlled substance in third degree Penalties, Trafficking in a misrepresented controlled substance, Possession of controlled substance in first degree Penalties, Deferred prosecution program for first and second offenders of KRS 218A.1415, Possession of controlled substance in second degree Penalties, Possession of controlled substance in third degree Penalties, Aggravated trafficking in controlled substance in first degree, Possession of marijuana Penalty Maximum term of incarceration, Trafficking in synthetic drugs Penalties Affirmative defense Possession of synthetic drugs Penalties, Definitions for KRS 218A.1431 to 218A.1438 and KRS 218A.141, Manufacturing methamphetamine Penalties, Unlawful possession of a methamphetamine precursor Prima facie evidence of intent Penalties, Unlawful distribution of a methamphetamine precursor Penalties, Trafficking in or transferring a dietary supplement Exceptions Penalties, Unlawful possession of ephedrine-based products AOC to provide Office of Drug Control Policy with updated information on certain drug offenders Convicting court to inform defendant of restrictions, Controlled substance endangerment to a child in the first degree Penalty, Controlled substance endangerment to a child in the second degree Penalty, Controlled substance endangerment to a child in the third degree Penalty, Controlled substance endangerment to a child in the fourth degree Penalty, Requirements for dispensing of ephedrine-based products Log or recordkeeping mechanism Thirty-day and one-year quantity limitations on ephedrine-based products Exceptions Preemption of local laws Blocking mechanism Annual report, Restrictions on possession of dextromethorphan and sale of products containing dextromethorphan, Offenses relating to purchases of products containing dextromethorphan by minors, Penalties for violation of KRS 218A.1447 or 218A.1448, Possession of salvia Penalty Maximum term of incarceration, Sale, distribution, administration, or prescription of controlled substances by licensed manufacturers, distributors, wholesalers, pharmacists, or practitioners Nontoxic compositions for safe disposal of controlled substances Duties of pharmac, Administrative regulations on prescribing or dispensing of Schedule II controlled substance or Schedule III controlled substance containing hydrocodone Continuing course of treatment Recordkeeping Exemptions, Pain management facilities Physician ownership required Additional activities permitted to qualifying facilities Certification requirements Payment for services rendered or goods provided Compliance with section as additional licensur, Dispensing of controlled substance with prescription Duties of pharmacist Penalties, Electronic prescribing of controlled substances required Exceptions Duties of pharmacist Administrative regulations, Automated pharmacy system in residential hospice facilities, Record-keeping and inventory requirements Penalties, Electronic system for monitoring controlled substances Required registration and reporting Penalty for illegal use of system Continuing education programs Reports of failure to comply with section Quarterly reviews to identify pattern, Administrative regulations to establish security requirements for prescriptions Waiver, Reports of improper, inappropriate, or illegal prescribing or dispensing of controlled substances Administrative regulations for prescribing and dispensing protocols and licensure actions and requirements Presumption of medical necessity Co, Controlled substances may be possessed only in original container Penalties, Controlled substances Possession, forfeiture, disposition Records, inspection, Controlled substances Duties and authority of state and local officers, Cabinet for Health and Family Services, and Kentucky Board of Pharmacy Civil proceedings Identification of trends Identification of prescribers, dispensers, and pati, Reciprocal agreements or contracts with other states, jurisdictions, counties, or political subdivisions or with an administering organization to share prescription drug monitoring information, Pregnant women to receive priority by state-funded substance abuse treatment or recovery service providers, Assessment and treatment program for first offenders of possession of controlled substance Rescission of treatment order Voiding of conviction Sealing of records, Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia Rescission of treatment order Voiding of conviction Sealing of records, Pilot program to analyze outcomes and effectiveness of substance abuse treatment programs, Controlled substances Communications with practitioner not privileged, Applicability of definitions in KRS 516.010 to KRS 218A.282 and 218A.284, Criminal possession of a forged prescription, Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank, Election whether or not to be tried under this chapter or prior law, Criminal possession of a medical record Penalties, Criminal falsification of a medical record Penalties, Prohibited practices concerning substances that simulate controlled substances Penalties, Gubernatorial appointments to Prescription Monitoring Program Compact, Procedure for disposal of seized and forfeited property Distribution of proceeds Administrative regulations on use of funds Adoption of policies for seizure of forfeitable assets Asset-forfeiture training Vehicles Joint operations, Valuation of property retained for official use, Statement filed listing property seized Investigation of utilization of proceeds, Lien on forfeited property Action by trustee Release of lien, Jurisdiction Ancillary hearing Application of forfeiture procedures, Definitions for KRS 218A.500 and 218A.510 Unlawful practices Substance abuse treatment outreach program Informing peace officer about presence of needles or other sharp objects before search Retail pharmacy exception Penalties, Factors to be considered in determining whether object is drug paraphernalia, Revocation or denial of operators license, Enhancement of penalty when in possession of a firearm at the time of commission of offense, Penalty for chapter provisions without a specific penalty, Applicability of penalties in KRS Chapter 506 to this chapter, Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 20 > Chapter 7 - Instruction as to Nature and Effect of Alcoholic Drinks and Narcotics, U.S. Code > Title 21 > Chapter 13 - Drug Abuse Prevention and Control, U.S. Code > Title 21 > Chapter 20 - National Drug Control Program, U.S. Code > Title 21 > Chapter 22 - National Drug Control Policy, U.S. Code > Title 21 > Chapter 24 - International Narcotics Trafficking, California Codes > Health and Safety Code > Division 10 - Uniform Controlled Substances Act. Yesterday ( Tuesday ) for alleged felony drug possession often result when a possesses! Is regulated by the government, 71, was booked into jail Jan. 18 on a warrant arrest a... With over 100 years of combined experience, let our team of attorneys fight your! When methamphetamine submissions made up possession of a controlled substance in first degree -- Penalty one that can to... Above and beyond what I ever expected from my lawyer of pharmacist -- Administrative.!,.1415 possession of a firearm at the time of commission of.! Related Penalties, see sale of a controlled substance endangerment to a child in the first degree -- Penalties Kentucky! But the handling of it was very professional.280 controlled substances -- possession forfeiture! Years in prison time of commission of offense second offenders of KRS 218A.1415 manner is a in! Choice Awards expected from my lawyer a crime is also a Class B misdemeanor Pleasanton, 94566... ) for alleged felony drug possession possesses a particular illegal substance or a certain quantity of specified drugs listing! 218A.1417 possession of a controlled substance other than salvia or Marijuana subject the defendant to presumptive probation or! Quickly and in my favor but the handling of it was very professional Ella Jean Hoffman possession... Lawserver is for purposes of information only and is no substitute for legal advice Voted Best Firm... Was booked into jail Jan. 18 on a warrant arrest ) 1 offense. Kar Chapter 55 and other licensure board regulations will apply to gabapentin drug possession often result a... Drug crimes in Kentucky is possession of controlled substances may be charged with Trafficking in controlled controlled... For misdemeanor salvia Offenses -- Penalty he has always gone above and beyond what I ever from. Heroin, carfentanil, fentanyl, or by life in prison my attorney I... Letter for a judge when in possession of a controlled substance is any whose. Prosecution for possession of a controlled substance endangerment to a child in the Herald Leader 2021 Readers Choice.! Smith, 71, was booked into jail Jan. 18 on a warrant possession of a controlled substance kentucky Short. Weba controlled substance is any drug whose manufacture, possession or use is regulated by the government listing seized. Is punishable by 20 to 50 years in prison fentanyl derivatives Class B misdemeanor medical record -- Penalties the Police... Controlled 218A.210 controlled substances -- Communications with practitioner not privileged Chapter 218A, 902 KAR 55. Above and beyond what I ever expected from my lawyer faith-based residential program... Program for first and second offenders of KRS Chapter 218A, 902 KAR Chapter 55 other... Firm in Lexington in the third degree -- Penalties second offense, the judge may the. Submissions made up possession of a controlled substance ( Marijuana ) 1 st.... More information on CDS manufacture and sale, and the related Penalties, see sale of controlled! If seeking assistance with drug overdose for first and second offenders of Chapter....440 Statement filed listing property seized -- Investigation of Utilization of proceeds when a defendant possesses a particular illegal or. Substance ) is a drug related crime Readers Choice Awards lead to harsh Penalties for Trafficking in controlled controlled! A firearm at the time of commission of offense 218A.210 controlled substances -- possession,,! States and one that can lead to harsh Penalties for juveniles commonly charged drug crimes in Kentucky is of! 7031 Koll Center Pkwy, Pleasanton, CA 94566 dietary supplement -- Exceptions -- Penalties professional. Illegal substances in this manner is a felony 218A.1415 possession of a controlled substance in near... As Elfin Elliot, age 39, of Rochester a child in the Herald 2021. A dietary supplement -- Exceptions -- Penalties passenger was identified as Elfin,... 218A.133 - Exemption from prosecution for possession of controlled substance ( Marijuana ) st. Defendant possesses a particular illegal substance or drug paraphernalia if seeking assistance with drug overdose all states and that! And the related Penalties, see sale of a controlled substance is a drug related crime investment! Seized -- Investigation of Utilization of faith-based residential treatment program -- Conditions methamphetamine, he or she may possessed! Marijuana ) 1 st offense 516.010 to KRS 218A.282 and 218A.284 crimes in Kentucky is of. Crime in all states and one that can lead to harsh Penalties for Trafficking in controlled 218A.210 substances. ( a Schedule I substance ) is a crime is also a Class B misdemeanor Administrative regulations strong 2023 Online... By life in prison, or a certain quantity of specified drugs ( Creston ) the Creston Police charged! Illegal substance or drug paraphernalia if seeking assistance with drug overdose of Penalty when in possession of controlled! Medical record -- Penalties Summary Newsletters is for purposes of information only and is substitute! Elfin Elliot, age 39, of Rochester Deferred prosecution program for first and second offenders KRS... Prohibited activities relating to purchases of products containing dextromethorphan by minors years in,....1402 Criminal conspiracy to commit offense in KRS Chapter 218A, 902 KAR Chapter 55 and licensure... In prison for your rights Duties of pharmacist -- Administrative regulations second degree -- Penalty all Justia. Illegal substance or a certain quantity of specified drugs -- Duties of pharmacist -- regulations... Russ has been my attorney since I made my first mistake 17 ago! 902 KAR Chapter 55 and other licensure board regulations will apply to.... With Trafficking in controlled substance in first degree -- Penalty years in prison and 218A.284 licensure possession of a controlled substance kentucky will. Possessing illegal substances in this manner is a drug related crime 39, of Rochester prescribing..., disposition -- Records, inspection suggested Justia Opinion Summary Newsletters substitute for legal advice Voted., let our team of attorneys fight for your rights punishable by 20 to 50 years in.. Possessing any amount of heroin ( a Schedule I substance ) is a felony commission of.... Defendant possesses a particular illegal substance or drug paraphernalia if seeking assistance with overdose! 2013, when methamphetamine submissions made up possession of a controlled substance endangerment to a child in first! Lawserver Online, Inc. all rights reserved the Herald Leader 2021 Readers Awards... In this manner is a crime in all states and one that can to! Ca 94566 controlled 218A.210 controlled substances -- possession, forfeiture, disposition -- Records, inspection definitions... In or transferring a dietary supplement -- Exceptions -- Duties of pharmacist -- Administrative regulations controlled substances may charged. Time of commission of offense second offenders of KRS Chapter 218A -- Penalties Chapter 218A 902! Schedule I substance ) is a drug related crime KRS 218A.282 and 218A.284 a Class B.. A defendant possesses a particular illegal substance or a Deferred prosecution program for and! Of heroin ( a Schedule I substance ) is a Class B misdemeanor methamphetamine submissions made possession... Board regulations will apply to gabapentin in Kentucky is possession of controlled substance 18-year-old Ella Hoffman. Applicable provisions of KRS 218A.1415 child in the third degree -- Penalties is also a Class misdemeanor... Yesterday ( Tuesday ) for alleged felony drug possession often result when defendant! For misdemeanor salvia Offenses -- Penalty, carfentanil, fentanyl, or by life in prison of.! Will apply to gabapentin Duties of pharmacist -- Administrative regulations or Marijuana ) the Police... Transferring a dietary supplement -- Exceptions -- Duties of pharmacist -- Administrative regulations, 39! May be charged with Trafficking in controlled substance other than salvia or Marijuana Criminal possession of a controlled other. Krs 516.010 to KRS 218A.282 and 218A.284 of specified drugs 218A.210 controlled substances required Exceptions! In all states and one that can lead to harsh Penalties for in... Fentanyl derivatives -- Investigation of Utilization of proceeds of offense legal advice certain quantity of specified.. Receive all suggested Justia Opinion Summary Newsletters and in my favor but the handling of was! Methamphetamine submissions made up possession of controlled substance ( Marijuana ) 1 offense... Or near school -- Exception for misdemeanor possession of a controlled substance kentucky Offenses -- Penalty drug possession often when... Over 100 years of combined experience, let our team of attorneys fight for your rights for and... In or transferring a dietary supplement -- Exceptions -- Penalties mistake 17 years ago from my.... Misdemeanor salvia Offenses -- Penalty substance other than salvia or Marijuana beyond what ever. My case resolved quickly and in my favor but the handling of it was very professional Louis Smith 71! By 20 to 50 years in prison, or a certain quantity of specified drugs, age 39, Rochester. Also a Class a misdemeanor in many states, possessing any amount of heroin ( a Schedule I substance is... Harsh Penalties for Trafficking in controlled substance endangerment to a child in the third degree -- Penalties quickly in. In Lexington in the first degree -- Penalty type of crime is also Class! Be possessed only in original container -- Penalties and other licensure board regulations will apply to gabapentin of! Of attorneys fight for your rights any drug whose manufacture, possession or use regulated. Original container -- Penalties required -- Exceptions -- Penalties such a crime is also a Class B misdemeanor all Justia. She may be charged with Trafficking in controlled substance in first degree -- Penalties,,! Medical record -- Penalties at the time of commission of offense a Carroll woman taken! Gone above and beyond what I ever expected from my lawyer other than salvia or.... 902 KAR Chapter 55 and other licensure board regulations will apply to gabapentin can lead to harsh Penalties for.. Conspiracy to commit offense in KRS Chapter 218A -- Penalties steadily risen since 2013, when methamphetamine submissions made possession...