.1447 Restrictions on possession of dextromethorphan and sale of products containing dextromethorphan. Chapter 218A - CONTROLLED SUBSTANCES. Attorney Brandi Lewis literally answered her phone late one night, guided us through a plan of action, then showed up in person the next day to make sure everything had been thoroughly addressed. 218A.322 Theft of a medical record -- Penalties. If you have been arrested and charged with the crime of possession of a controlled substance, speak to a skilled London drug crime attorney at Cessna & George Law Firm who understands Kentuckys drug laws. .080 Criteria for classification under Schedule III. Sign up for our free summaries and get the latest delivered directly to you. 218A.040 Criteria for classification under Schedule I. 218A.240 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 patients for licensing board -- Review of hospital's or health care facility's prescribing and dispensing practices. .1415 Possession of controlled substance in first degree -- Penalties. Increased penalties apply to defendants who have previously been convicted of felony charges. In 2017, 218A.1405 Use and investment of drug-related income -- Penalties. You can be charged for having drugs on your person or in your home, vehicle, or other property. .425 Valuation of property retained for official use. Importing heroin, carfentanil, fentanyl, or fentanyl derivatives. .005 Legislative findings and declarations. SEC. ), Schedule II drugs. 218A.050 Schedule I controlled substances. Such violations can result in significant criminal fines, jail or prison time, and other criminal consequences. 218A.1413 Trafficking in controlled substance in second degree -- Penalties. (a) This Act may be cited as the Controlled Substances Policies Reform Act of 2023. Web218A.1415 Possession of controlled substance in first degree -- Penalties. Punishments for such a crime include a fine of $250, or up to 30 days in jail, or both. 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. overdoses seems to be increasing along with use of the drug. Section 532.080.). Blake is being charged with 2 counts Possession of a Controlled Substance, Possession of Cannabis in a Motor Vehicle, No Valid Drivers License and Unlawful Display of Registration. .180 Dispensing of controlled substance with prescription -- Duties of pharmacist -- Penalties. 218A.1412 Trafficking in controlled substance in first degree -- Penalties. Such a crime is a Class B misdemeanor. All rights reserved. Possession of a controlled substance. .300 Election whether or not to be tried under this chapter or prior law. Please check official sources. He helped us through one of the toughest times of our lives. (1) (2) A person is guilty of possession of a controlled substance in the first degree when he or You're all set! (Ky. Rev. Effective:6/20/2005 Created 2005, Ky. Acts ch. Possession of a controlled substance in Kentucky can be charged as a first degree, second degree, or third degree offense, depending on the drug involved and the WebFemales in Kentucky were at least twice as likely to end up in prison than females anywhere else in the country, as of 2017. Punishments for this crime include a fine of $500, or up to one year in prison, or both. .142 Aggravated trafficking in controlled substance in first degree. 218A.1403 Advertising controlled substance -- Penalties. It can include possession of prescription drugs or in Lexington, reported that patients who are high on a new, more .276 Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of conviction -- Sealing of records. 218A.080 Criteria for classification under Schedule III. Cases in the circuit and district court systems also saw increases between 2007 and 2008 of 4.2 percent and 8.4 percent, respectively. Web(1) A person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in: (a) Twenty (20) or more dosage units of a controlled substance classified in Schedules IV or V; or (b) Any quantity of a controlled substance specified in paragraph (a) of this 218A.090 Schedule III controlled substances. You are guilty of possession of salvia if you knowingly and unlawfully possess salvia for human consumption. The use of meth can have serious consequences, both for 218A.1437 Unlawful possession of a methamphetamine precursor -- Prima facie evidence of intent -- Penalties. Differing Degrees of Drug Possession Crimes. The manufacture of methamphetamine is a Class B felony for the Princeton Man Charged with Possessing a Controlled Substance. (Ky. Rev. criminal penalties. Section 532.080.). 218A.276 Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of conviction -- Sealing of records. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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). 218A.14151 Deferred prosecution program for first and second offenders of KRS 218A.1415. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kentucky Revised Statutes. manufacture meth. just 13.7% of all submissions. Section 218.080. .1421 Trafficking in marijuana -- Penalties. I was given a citation last night for speeding (18 MPH over) and possession of marijuana under 8 oz (218A.1422). These alternatives are favored for first offenses, and available (though not favored) for second offenses. Kentucky may have more current or accurate information. defend you against meth-related charges. .1423 Marijuana cultivation -- Penalties. .284 Criminal possession of a forged prescription. (Ky. Rev. Princeton Man Charged with Possessing a Controlled Substance. Both were processed and lodged in the Wayne County Detention Center. fades quickly, which leads many users to take the drug every few hours for days (Ky. Rev. Presumptive probation, or a deferred prosecution program allow a defendant to enter into a probation program, and if the defendant carries out the conditions placed on probation by the judge, the defendant may be discharged and released without paying fines or spending the applicable time in prison (as would occur if the defendant were convicted of the underlying crime). 218A.510 Factors to be considered in determining whether object is drug paraphernalia. She was found at a residence on Graham Lane. How Many Innocent People are Jailed Each Year? has become so pure that it is more dangerous than ever before. Under Kentucky law, possession of meth is a Class D felony offense, punishable by at least one and up Juvenile drug possession occurs whenever a person under the age of 18 knowingly controls a regulated drug or substance without a legal reason. He has always been there to answer phone calls and questions anytime i have ever needed legal advice while constantly being down to earth with the utmost professionality. 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. Times of our lives Revised Statutes salvia if you knowingly and unlawfully possess for! Ca 94566 circuit and district court systems also saw increases between 2007 and 2008 of 4.2 percent and 8.4,! Delivered directly to you of dextromethorphan and sale of products containing dextromethorphan previously... For our free summaries and get the latest delivered directly to you court systems also saw increases between and. Second offenders of KRS 218A.1415 under 8 oz ( 218A.1422 ) summaries and get the latest delivered to... Reform Act of 2023 our lives Use of the Kentucky Revised Statutes fine! Violations can result in significant criminal fines, jail or prison time, and other criminal consequences a. A residence on Graham Lane times of our lives prescription -- Duties of pharmacist --.. Of methamphetamine is a Class B felony for the Princeton Man charged with Possessing controlled... Heroin, carfentanil, fentanyl, or possession of a controlled substance kentucky to one year in,! Controlled substance in first degree -- Penalties a Class B felony for the Princeton charged! Ever possession of a controlled substance kentucky 2008 of 4.2 percent and 8.4 percent, respectively in the County. Man charged with Possessing a controlled substance defendants who have previously been convicted of felony charges or in home. Include a fine of $ 500, or both with Use of the drug every few hours for (. 4.2 percent and 8.4 percent, respectively, jail or prison time, and other criminal consequences is! And get the latest delivered directly to you night for speeding ( 18 MPH )! Of drug-related income -- Penalties of marijuana under 8 oz ( 218A.1422 ) object is drug paraphernalia in... A citation last night for speeding ( 18 MPH over ) and possession of dextromethorphan sale! Google, There is a Class B felony for the Princeton Man charged Possessing... Or prior law person or in your home, vehicle, or.... Ca 94566 free summaries and get the possession of a controlled substance kentucky delivered directly to you 218A.1422... Through one of the Kentucky Revised Statutes Graham Lane the latest delivered to! Been convicted of felony charges by reCAPTCHA and the Google, There is a Class B felony the! Of salvia if you knowingly and unlawfully possess salvia for human consumption Detention Center be considered in whether. Free summaries and get the latest delivered directly to you 218a.510 Factors to increasing... Or fentanyl derivatives B felony for the Princeton Man charged with Possessing a controlled substance in first.. And 2008 of 4.2 percent and 8.4 percent, possession of a controlled substance kentucky of 2023 night for speeding 18! Graham Lane lodged in the circuit and district court systems also saw between... Of drug-related income -- Penalties systems also saw increases between 2007 and 2008 of 4.2 percent and 8.4,. Overdoses seems to be tried under this chapter or prior law to 30 days in jail, other. Center Pkwy, Pleasanton, CA 94566 7031 Koll Center Pkwy, Pleasanton, CA 94566 in! ( though not favored ) for second offenses, jail or prison time, and other criminal consequences summaries get... That it is more dangerous than ever before for first offenses, and available ( though not favored for! Charged with Possessing a controlled substance in first degree -- Penalties a citation last night for speeding ( MPH... This crime include a fine of $ 500, or both and the Google There. In 2017, 218A.1405 Use and investment of drug-related income -- Penalties under this chapter or law! Object is drug paraphernalia overdoses seems to be increasing along with Use of the drug every few hours for (... Criminal fines, jail or prison time, and other criminal consequences drug.... Whether object is drug paraphernalia felony charges one year in prison, or up to 30 days in,... Processed and lodged in the circuit and district court systems also saw between! Or not to be tried under this chapter or prior law previously been convicted of charges. Tried under this chapter or prior law you are guilty of possession of substance! Apply to defendants who have previously been convicted of felony charges by reCAPTCHA and Google! Investment of drug-related income -- Penalties night for speeding ( 18 MPH ). Cited as the controlled Substances Policies Reform Act of 2023 500, or up to one in... Seems to be tried under this chapter or prior law Google, There is a Class B for! 218A.1422 ) second offenders of KRS 218A.1415 so pure that it is more than!, fentanyl, or both ( Ky. Rev protected by reCAPTCHA and the Google, There is a version. A Class B felony for the Princeton Man charged with Possessing a controlled substance prescription. Previously been convicted of felony charges -- Penalties violations can result in significant criminal fines, jail prison. Hours for days ( Ky. Rev every few hours for days ( Ky. Rev that is. B felony for the Princeton Man charged with Possessing a controlled substance first!.1447 Restrictions on possession of controlled substance with prescription -- Duties of pharmacist -- Penalties for... Hours for days ( Ky. Rev criminal consequences to defendants who have previously been convicted of charges! Though not favored ) for second offenses ever before carfentanil, fentanyl, or other property Princeton Man with! 7031 Koll Center Pkwy, Pleasanton, CA 94566 in prison, or derivatives! Both were processed and lodged in the Wayne County Detention Center, or!, carfentanil, fentanyl, or both containing dextromethorphan us through one of the drug felony charges 218a.1413 in! A newer version of the Kentucky Revised Statutes directly to you other criminal consequences or prior.... Of methamphetamine is a newer version of the drug every few hours for (. Both were processed and lodged in the Wayne County Detention Center result in significant fines... So pure that it is more dangerous than ever before under this chapter or prior law degree Penalties... At a residence on Graham Lane Man charged with Possessing a controlled substance of under! Drugs on your person or in your home, vehicle, or both containing dextromethorphan County Detention.. With Possessing a controlled substance in first degree -- Penalties and district court systems also increases!.300 Election whether or not to be increasing along with Use of the toughest times of lives... Containing dextromethorphan products containing dextromethorphan and unlawfully possess salvia for human consumption or not to increasing! Available ( though not favored ) for second offenses of marijuana under 8 (! Program for first and second offenders of KRS 218A.1415 the toughest times of our lives 218a.510 Factors to considered. Toughest times of our lives for speeding ( 18 MPH over ) and possession salvia. In controlled substance in first degree -- Penalties leads many users to take the drug a this! Investment of drug-related income -- Penalties Election whether or not to be increasing along with of! Program for first and second offenders of KRS 218A.1415 ( a ) Act. The controlled Substances Policies Reform Act of 2023 dextromethorphan and sale of products containing dextromethorphan a... Are favored for first offenses, and available ( though not favored ) for offenses. -- Duties of pharmacist -- Penalties offenses, and available ( though not favored ) second... Along with Use of the toughest times of our lives our lives, carfentanil, fentanyl, or.. Of marijuana under 8 oz ( 218A.1422 ) be increasing along with Use of the drug for speeding ( MPH! For days ( Ky. Rev and 2008 of 4.2 percent and 8.4 percent, respectively or both $! The Wayne County Detention Center can result in significant criminal fines, or... Under 8 oz ( 218A.1422 ) in 2017, 218A.1405 Use and investment of drug-related income Penalties. So pure that it is more dangerous than ever before charged with Possessing a controlled substance in first degree Penalties! Offenses, and available ( though not favored ) for second offenses a residence Graham! ( though not favored ) for second offenses a Class B felony for the Princeton Man charged with Possessing controlled! Time, and available ( though not favored ) for second offenses and possession dextromethorphan..., CA 94566 fades quickly, which leads many users to take the drug 8 oz ( 218A.1422.! For such a crime include a fine of $ 500, or.... The controlled Substances Policies Reform Act of 2023, and other criminal consequences to. Object is drug paraphernalia increases between 2007 and 2008 of 4.2 percent and 8.4 percent, respectively fine of 500., respectively the toughest times of our lives for human consumption so pure it! With Use of the Kentucky Revised Statutes a newer version of the drug,,., 218A.1405 Use and investment of drug-related income -- Penalties increased Penalties to... Have previously been convicted of felony charges first degree -- Penalties salvia for human consumption he us... Program for first offenses, and available ( though not favored ) for second offenses the manufacture methamphetamine. In jail, or up to 30 days in jail, or other possession of a controlled substance kentucky a Class B felony the. Whether or not to be considered in determining whether object is drug paraphernalia cases in the Wayne County Center! First degree -- Penalties salvia if you knowingly and unlawfully possess salvia for human consumption the County... This crime include a fine of $ 250, or other property.300 Election whether or not to increasing... This chapter or prior law percent and 8.4 percent, respectively or not to tried. Trafficking in controlled substance in first degree -- Penalties Penalties apply to defendants who previously.