Download as PDF
218A.1415 Possession of controlled substance in first degree -- Penalties.
(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) 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.
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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
