Kentucky Drug Possession (Possession Controlled Substance) Attorney

Are you or a loved one charged with a drug crime such as drug possession (Possession of a Controlled Substance) in Kentucky? If so, you need an experienced criminal defense lawyer at your side.

Remember: You are innocent until proven guilty. In other words, it is not your job to prove your innocence. Instead, it is the job of the prosecutor to prove your guilty beyond a reasonable doubt.

At Stotts Law, we strive to ensure that your innocence is protected during every step of the process. We will be sure to hold prosecutors and law enforcement accountable, while building you the best, unique defense for your case.

First Degree Possession

A person can be found guilty of first-degree possession, defined in KRS 218A.1415, when:

A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:

• A controlled substance that is classified in Schedules I or II and is a narcotic drug;
• A controlled substance analog;
• Methamphetamine;
• Lysergic acid diethylamide;
• Phencyclidine;
• Gamma-hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
• Flunitrazepam, including its salts, isomers, and salts of isomers.

First-degree possession is a Class D felony, punishable by 1 to 3 years in prison (per KRS 532).

Second Degree Possession

A person can be found guilty of second-degree possession, defined in KRS 218A.1416, when:

• A person is guilty of possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses: a controlled substance classified in Schedules I or II which is not a narcotic drug; or specified in KRS 218A.1415; or a controlled substance classified in Schedule III; but not synthetic drugs, salvia, or marijuana.

Second-degree possession is a Class A misdemeanor, punishable by up to 12 months in jail.

Third Degree Possession

A person can be found guilty of third-degree possession, defined in KRS 218A.1417, when:

• A person is guilty of possession of a controlled substance in the third degree when he or she knowingly and unlawfully possesses a controlled substance classified in Schedules IV or V.

Third Degree Possession is a Class A misdemeanor, punishable by up to 12 months in jail.

Substance Abuse Treatment as an Alternative to Jail

It is no surprise that many, if not most, individuals who are charged with Possession of a Controlled Substance are individuals struggling with some form of substance abuse disorder. While the act of possessing a controlled substance illegally is a crime, courts have become increasingly receptive to letting individuals who are charged with Possession of a Controlled Substance (1^st, 2^nd, or 3^rd Degree) go to an approved substance abuse treatment facility in lieu of going to jail.

However, getting into a substance abuse treatment facility is something that typically requires a motion to be filed by your lawyer. Having a lawyer that is well versed with substance abuse treatment centers across the Commonwealth of Kentucky could be the difference in you being released from jail to get the help you need versus sitting in jail.

At Stotts Law, PLLC, our attorneys have developed a broad network of contacts to various substance abuse treatment centers across Kentucky. This ensures that we help our clients get into the right substance abuse treatment facility based on their unique needs.