Lexington Marijuana Defense Attorney
Have you been charged with a marijuana crime?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with possession of marijuana, trafficking marijuana or cultivating marijuana, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC drug attorney at 859-636-6803.
Kentucky Marijuana Crimes
Marijuana is by far the most common street drug in Kentucky. While there is a growing trend of states legalizing marijuana for recreational and medical use, it is still illegal to possess or use marijuana in Kentucky. With the growing scientific consensus that marijuana does have legitimate medical uses, it is only a matter of time until the Kentucky Legislature approves marijuana for medical use.
In Kentucky, any possession, growing or sale of marijuana is illegal.
- Possession of marijuana is a Class B misdemeanor.
- Trafficking marijuana in an amount less than 8 ounces is a Class A misdemeanor for a first offense and a Class D felony for a second or subsequent offense.
- Trafficking marijuana in an amount greater than 8 ounces but less than 5 pounds is a Class D felony for a first offense and a Class C felony for a second or subsequent offense.
- Trafficking marijuana in an amount greater than 5 pounds is a Class C felony for a first offense and a Class B felony for a second or subsequent offense.
- Cultivating marijuana by growing 5 or less plants is a Class A misdemeanor for a first offense and a Class D felony for a second or subsequent offense.
- Cultivating marijuana by growing 5 or more plants is a Class D felony for a first offense and a Class C felony for a second or subsequent offense.
Get Your Free Consultation Now
Our skilled drug and marijuana criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our drug and marijuana defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
Federal Marijuana Crimes
The federal government has its own laws regarding drug offenses. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
Most marijuana possession offenses are handled by the Commonwealth, but if you are alleged to be trafficking across state lines, using the mail, and so on, you can be charged with a violation of federal law and tried in federal court.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal drug crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal drug charges have been filed against you, you need to call a trusted marijuana crime criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s marijuana crime charges is the first step to building your defense and protecting your freedom.
What are the penalties for Possession of Marijuana in Kentucky?
Possession of marijuana is a Class B misdemeanor in Kentucky and carries a sentence of up to 45 days in jail. It can also carry a fine of up to $250.00.
What are the penalties for Trafficking Marijuana in Kentucky?
Trafficking marijuana in an amount less than 8 ounces is a Class A misdemeanor and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00. If it is a second or subsequent offense, it is a Class D felony and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
Trafficking marijuana in an amount greater than 8 ounces but less than 5 pounds is a Class D felony and carries a sentence of 1 – 5 years in prison. If it is a second or subsequent offense, it is a Class C felony and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
Trafficking marijuana in an amount greater than 5 pounds is a Class C felony and carries a sentence of 5 – 10 years in prison. If it is a second or subsequent offense, it is a Class B felony and carries a sentence of 10 – 20 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Cultivating Marijuana in Kentucky?
Cultivating marijuana by growing 5 or less plants is a Class A misdemeanor and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00. If it is a second or subsequent offense, it is a Class D felony and carries a sentence of 1 – 5 years in prison. It can also carry a fine of up to $10,000.00.
Cultivating marijuana by growing 5 or more plants is a Class D felony and carries a sentence of 1 – 5 years in prison. If it is a second or subsequent offense, it is a Class C felony and carries a sentence of 5 – 10 years in prison. It can also carry a fine of up to $10,000.00.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your marijuana charges.
When it comes to marijuana crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, marijuana charges stem from violations of your Fourth Amendment rights. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
Free Consultation & Case Review from our criminal defense lawyers
CIR Legal’s marijuana crime defense attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky marijuana laws below!
Marijuana Possession
(1) A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana.
(2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapter 532 to the contrary notwithstanding, the maximum term of incarceration shall be no greater than forty-five (45) days.
If you’ve been charged with possession of marijuana crime, contact our reputable criminal defense 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 and its penalties, visit our drug paraphernalia possession page here.
Marijuana Trafficking
1) A person is guilty of trafficking in marijuana when he knowingly and unlawfully traffics in marijuana.
(2) Trafficking in less than eight (8) ounces of marijuana is:
(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony.
(3) Trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana is:
(a) For a first offense a Class D felony.
(b) For a second or subsequent offense a Class C felony.
(4) Trafficking in five (5) or more pounds of marijuana is:
(a) For a first offense a Class C felony.
(b) For a second or subsequent offense a Class B felony.
(5) The unlawful possession by any person of eight (8) or more ounces of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it.
If you’ve been charged with trafficking marijuana crime, contact our reputable criminal defense 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’ve been charged with trafficking a misrepresented substance crime, contact our reputable criminal defense 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’ve been charged with selling marijuana to a minor crime, contact our reputable criminal defense 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’ve been charged with trafficking marijuana near a school crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Marijuana Cultivation
(1) A person is guilty of marijuana cultivation when he knowingly and unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer it.
(2) Marijuana cultivation of five (5) or more plants of marijuana is:
(a) For a first offense a Class D felony.
(b) For a second or subsequent offense a Class C felony.
(3) Marijuana cultivation of fewer than five (5) plants is:
(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony.
(4) The planting, cultivating, or harvesting of five (5) or more marijuana plants shall be prima facie evidence that the marijuana plants were planted, cultivated, or harvested for the purpose of sale or transfer.
If you’ve been charged with cultivating marijuana crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Get Real Help By Calling 859-636-6803
CIR LEGAL
Our Promise To You
|
Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.
We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.
We promise to always advocate for you and your interests. No matter what issue you’re facing – you’ll always have a team of attorneys in your corner ready to fight for you.
