Lexington Drug Attorney

(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 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.

(2)     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. 1. Deferred prosecution pursuant to KRS 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 KRS 218A.010.

If you or someone you care about has been charged with a Possession of a Controlled Substance crime at first degree in Kentucky, contact our reputable criminal defense lawyers or Possession of a Controlled Substance lawyers as soon as possible by calling 859-636-6803.

(1)      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 KRS 218A.1415; or a controlled substance classified in Schedule III; but not synthetic drugs, salvia, or marijuana. 

(2)      Possession of a controlled substance in the second degree is a Class A misdemeanor.

If you or someone you care about has been charged with a Possession of a Controlled Substance crime at second degree in Kentucky, contact our reputable criminal defense lawyers or Possession of a Controlled Substance lawyers as soon as possible by calling 859-636-6803.

(1)      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.

(2)      Possession of a controlled substance in the third degree is a Class A misdemeanor.

If you or someone you care about has been charged with a Possession of a Controlled Substance crime at third degree in Kentucky, contact our reputable criminal defense lawyers or Possession of a Controlled Substance lawyers as soon as possible by calling 859-636-6803.

In Kentucky, possessing products and materials that help consume, manufacture, distribute, package, cultivate, test, prepare, inject, or otherwise introduce into the human body a controlled substance in violation of state drug laws. To know more about this particular drug crime, its penalties, and possible drug defenses a skilled drug lawyer can use for it, visit our drug paraphernalia possession page here.

(1)      A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in:

(a) Four (4) grams or more of cocaine;

(b) Two (2) grams or more of methamphetamine;

(c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue;

(d) Any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; 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; or

(e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of this subsection in an amount less than the amounts specified in those paragraphs.

(2)     The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to exceed ninety (90) days that cumulatively result in the quantities specified in this section.

(3)     (a) Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) of this section shall be guilty of a Class C felony for the first offense and a Class B felony for a second or subsequent offense.

(b) Any person who violates the provisions of subsection (1)(e) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense.

(c) Any person convicted of a Class C felony offense or higher under this section shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least fifty percent (50%) of the sentence imposed in cases where the trafficked substance was heroin, fentanyl, carfentanil, or fentanyl derivatives.

If you or someone you care about has been charged with a trafficking in controlled substances in the first degree crime in Kentucky, contact our reputable criminal defense lawyers or trafficking in controlled substances lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of aggravated trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in:

(a) One hundred (100) grams or more of heroin;

(b) Twenty-eight (28) grams or more of fentanyl; or

(c) Ten (10) grams or more of carfentanil or fentanyl derivatives.

(2)      Aggravated trafficking in a controlled substance in the first degree is a Class B felony, and the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least fifty percent (50%) of the sentence imposed.

If you or someone you care about has been charged with an aggravated trafficking crime in the first degree, contact our reputable criminal defense lawyers or an aggravated trafficking lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of trafficking in a controlled substance in the second degree when:

(a) He or she knowingly and unlawfully traffics in:

1. 1. 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. Twenty (20) or more dosage units of a controlled substance classified in Schedule III;

(b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells an anabolic steroid for:

1. 1. Enhancing human performance in an exercise, sport, or game; or
   2. Hormonal manipulation intended to increase muscle mass, strength, or

weight in the human species without a medical necessity; or

(c) He or she knowingly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph.

2)      (a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of subsection (1) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense.

(b) Any person who violates the provisions of subsection (1)(c) of this section shall be guilty of:

1. 1. A Class D felony for the first offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years; and
   2. A Class D felony for a second offense or subsequent offense.

If you or someone you care about has been charged with a particular drug trafficking crime in the second degree, contact our reputable criminal defense lawyers or particular drug trafficking lawyers as soon as possible by calling 859-636-6803.

(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 subsection in an amount less than the amount specified in that paragraph.

(2)      (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of:

1. 1. A Class A misdemeanor for a first offense involving one hundred twenty (120) or fewer dosage units;
   2. A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and
   3. A Class D felony for a second or subsequent offense.

(b)      Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of:

1. 1. A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and
   2. A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.

If you or someone you care about has been charged with a third degree drug trafficking crime in the third degree, contact our reputable criminal defense lawyers or drug trafficking lawyers as soon as possible by calling 859-636-6803.

(1)     A person is guilty of trafficking in a misrepresented controlled substance when he or she knowingly and unlawfully sells or distributes any Schedule I controlled substance, carfentanil, or fentanyl while misrepresenting the identity of the Schedule I controlled substance, carfentanil, or fentanyl being sold or distributed as a legitimate pharmaceutical product.

(2)     The provisions of this section are intended to be a separate offense from others in this chapter, and shall be punished in addition to violations of this chapter occurring during the same course of conduct.

(3)     Trafficking in a misrepresented controlled substance is a Class D felony.

If you or someone you care about has been charged with this particular trafficking in a misrepresented drug crime in Kentucky, contact our reputable criminal defense lawyers or drug trafficking lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than salvia to any person under eighteen (18) years of age. 

(2)     Selling controlled substances to a minor is a Class C felony for a first offense, and a Class B felony for each subsequent offense, unless a more severe penalty for trafficking in controlled substances is applicable, in which case the higher penalty shall apply. Effective:April 27, 2016

If you or someone you care about has been charged with this particular drug trafficking crime in Kentucky, contact our reputable criminal defense lawyers or drug trafficking lawyers as soon as possible by calling 859-636-6803.

(1)      Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation. 

(2)      The provisions of subsection (1) of this section shall not apply to any misdemeanor offense relating to salvia

If you’re charged with trafficking near a school, get in contact with our team of criminal defense lawyers as soon as possible.

If you or someone you care about has been charged with trafficking near a school crime in Kentucky, contact our reputable criminal defense lawyers or drug trafficking lawyers as soon as possible by calling 859-636-6803.

Any person who commits a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter shall be subject to the same penalties as provided for the underlying offense as specified in this chapter

KRS 218A.506.040 Criminal conspiracy.

(2)     Except as provided in a specific statute to the contrary, a criminal conspiracy is a:

(a) Class C felony when the conspiratorial agreement is a violation of KRS 521.020 or 521.050;

(b) Class B felony when the object of the conspiratorial agreement is a Class A felony or capital offense;

(c) Class C felony when the object of the conspiratorial agreement is a Class B felony;

(d) Class A misdemeanor when the object of the conspiratorial agreement is a Class C or D felony;

(e) Class B misdemeanor when the object of the conspiratorial agreement is a Misdemeanor.

If you or someone you care about have been accused of violating any subsection of KRS 218A in Kentucky, contact our reputable criminal defense lawyers or drug defense lawyers as soon as possible by calling 859-636-6803.

(1)      No person shall sell or transfer any substance, other than a controlled substance, with the representation or upon creation of an impression that the substance which is sold or transferred is a controlled substance.

(2)     No person shall possess for sale or transfer any substance designed in any manner, including but not limited to design of the item or its container, markings, or color, to simulate a controlled substance.

(3)     No person shall possess for sale or transfer any substance, not covered by subsection (2) of this section which is not a controlled substance with the representation or upon the creation of an impression that the substance held for sale or transfer is a controlled substance.

(4)     No person shall manufacture, package, repackage, advertise, or mark any substance, which is not a controlled substance, in such a manner as to resemble a controlled substance, for the purpose of creating the impression that the substance is a controlled substance.

(5)     For the purpose of determining whether this section has been violated, the court or other authority shall include in its consideration the following:

(a) Whether the noncontrolled substance was packaged in a manner normally used for the illegal sale of controlled substances;

(b) Whether the sale or attempted sale included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable value of the non controlled substance.

(c) Whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled substance.

(6)     In any prosecution brought under this section, it is not a defense to a violation of this section that the defendant believed the noncontrolled substance to actually be a controlled substance.

(7)     (a) Any person who violates any of the provisions of this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for subsequent offenses.

(b) In lieu of the fine amounts otherwise allowed under KRS Chapter 534, for any offense under this subsection the court may impose a maximum fine of double the defendant’s gain from the commission of the offense, in which case any fine money collected shall be divided between the same parties, in the same ratio, and for the same purposes as established for forfeited property under KRS 218A.420.

(c) It shall be an affirmative defense to an offense under this subsection that the defendant committed the offense during the course of the defendant’s employment as an employee of a retail store and that the defendant did not know and should not have known that the trafficked substance was a synthetic drug.

If you or someone you care about have been accused of violating any subsection of KRS 218A in Kentucky, contact our reputable criminal defense lawyers or drug defense lawyers as soon as possible by calling 859-636-6803.

(1)      It shall be unlawful for any person who has knowingly received any income derived directly or indirectly from trafficking in a controlled substance to use or invest any part of that income, or any proceeds thereof, to acquire any property, or to establish or operate any commercial enterprise.

(a) As used in this section, “”property”” includes real and personal property, whether tangible or intangible.

(b) As used in this section, “”commercial enterprise”” means any proprietorship, partnership, corporation, association or other legal entity, including any individual or group not a legal entity, which is engaged in any business or commercial activity or whose activities affect business or commerce.

(2)     Any person who violates this section shall be guilty of a Class D felony and, in addition to other penalties prescribed by law, shall forfeit any property constituting or derived from any income received directly or indirectly from trafficking in a controlled substance.

If you or someone you care about have been accused of violating any subsection of KRS 218A in Kentucky, contact our reputable criminal defense lawyers or drug defense lawyers as soon as possible by calling 859-636-6803.

(1)      A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed, by a practitioner or other person authorized under this chapter, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.

(2)      Violation of subsection (1) of this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses.

If you or someone you care about have been accused of violating any subsection of KRS 218A in Kentucky, contact our reputable criminal defense lawyers or drug defense lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of controlled substance endangerment to a child in the first degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with intent to illegally manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death, if the child dies as a result of the commission of the offense.

(2)      Controlled substance endangerment to a child in the first degree is a Class A felony.

If you or someone you care about have been accused of child endangerment in first degree in Kentucky, contact our reputable criminal defense lawyers or child endangerment lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of controlled substance endangerment to a child in the second degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with intent to illegally manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death, if the child receives serious physical injury as a result of the commission of the offense. 

(2)      Controlled substance endangerment to a child in the second degree is a Class B felony.

If you’re accused of child endangerment, call our reputable criminal defense drug attorneys as soon as possible.

If you or someone you care about have been accused of child endangerment in second degree in Kentucky, contact our reputable criminal defense lawyers or child endangerment lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of controlled substance endangerment to a child in the third degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with intent to illegally manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death, if the child receives physical injury as a result of the commission of the offense.

(2)      Controlled substance endangerment to a child in the third degree is a Class C Felony.

If you’re accused of Child Endangerment in the Third Degree, call our reputable criminal defense drug attorneys as soon as possible.

If you or someone you care about have been accused of child endangerment in the third degree in Kentucky, contact our reputable criminal defense lawyers or child endangerment lawyers as soon as possible by calling 859-636-6803.

(1)      A person is guilty of controlled substance endangerment to a child in the fourth degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with intent to illegally manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death, if the child is not injured as a result of the commission of the offense.

(2)      Controlled substance endangerment to a child in the fourth degree is a Class D felony.

If you or someone you care about have been accused of child endangerment in the fourth degree in Kentucky, contact our reputable criminal defense lawyers or child endangerment lawyers as soon as possible by calling 859-636-6803.