Lexington Prescription Drug Crimes Attorney
Have you been charged with a prescription drug 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 prescription drugs or trafficking prescription drugs, 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 Prescription Drug Crimes
It is no secret that Kentucky has a major prescription drug problem. Kentucky is considered one of the most-heavily medicated states, and was ground zero for lawsuits against opioid drug manufacturers. It should come as no surprise that one of the most common criminal drug charges is unlawful possession or selling of prescription drugs.
Prescription medication commonly involved in prescription drug crimes are: Hydrocodone, Oxycodone, Oxycontin, Suboxone, Dilaudid, Percocet, Darvocet, Morphine, Codeine, Methadone, Demerol and Adderall.
In Kentucky, any possession of a prescription that is not written to you is illegal. The sale of a prescription is always illegal.
- Possession of a prescription drug that is a Schedule I or II narcotic is a Class D felony.
- Possession of a prescription drug that is a Schedule I or Schedule II non-narcotic, or a Schedule III, IV or V drug, is a Class A misdemeanor.
- Trafficking 10 or more dosage units of a Schedule I or II narcotic is a Class C felony for a first offense and a Class B felony for second or subsequent offenses.
- Trafficking less than 10 dosage units of a Schedule I or II narcotic is a Class D felony for a first offense and a Class C felony for second or subsequent offenses.
- Trafficking 10 or more dosage units of a Schedule I or II non-narcotic is a Class D felony for a first offense and a Class C felony for a second or subsequent offense.
- Trafficking 20 or more dosage units of a Schedule III is a Class D felony for a first offense and a Class C felony for a second or subsequent offense.
- Trafficking less than 10 dosage units of a Schedule I or II non-narcotic, or less than 20 dosage units of a Schedule III drug, is a Class D felony.
Get Your Free Consultation Now
Our skilled drug and prescription drug 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 prescription 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 Prescription Drug 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 prescription drug 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 prescription drug 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 prescription drug crime charges is the first step to building your defense and protecting your freedom.
What are the penalties for Possession of Prescription Drugs in Kentucky?
Possession of a prescription drug that is a Schedule I or II narcotic is a Class D felony in Kentucky and carries a sentence of 1 – 3 years in prison. It can also carry a fine of up to $10,000.00.
On first offense and second offense possession of prescription drugs, you may be eligible for deferred prosecution or presumptive probation.
Possession of a prescription drug that is a Schedule I or Schedule II non-narcotic, or a Schedule III, IV or V drug, is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
What are the penalties for Trafficking Prescription Drugs in Kentucky?
Trafficking 10 or more dosage units of a Schedule I or II narcotic prescription drug is a Class C felony in Kentucky for a first offense 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.
Trafficking less than 10 dosage units of a Schedule I or II narcotic prescription drug is a Class D felony in Kentucky for a first offense 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 10 or more dosage units of a Schedule I or II non-narcotic prescription drug, or 20 or more units of a Schedule III prescription drug, is a Class D felony in Kentucky for a first offense 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 less than 10 dosage units of a Schedule I or II non-narcotic prescription drug, or less than 20 units of a Schedule III drug, is a Class D felony in Kentucky and carries a sentence of 1 – 5 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 prescription drug charges.
When it comes to prescription drug crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, prescription drug 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 prescription drug 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 prescription drug laws below!
Prescription Drug Possession
Schedule II drugs
(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:
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- Deferred prosecution pursuant to KRS KRS 218A.14151; or
- 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’ve been charged with possession of a prescription drug crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Schedule II and III drugs
(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’ve been charged with possession of a prescription drug in the second degree crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Schedule IV and V drugs
(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’ve been charged with possession of a prescription drug in the third degree crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Prescription Drug Trafficking
All schedules
(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 prescription drugs 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 prescription drugs near a school crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Schedule II drugs
(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’ve been charged with trafficking a controlled substance 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 prescription drug crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Schedule II and III drugs
(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:
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- 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
- 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:
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- Enhancing human performance in an exercise, sport, or game; or
- 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:
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- 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
- A Class D felony for a second offense or subsequent offense.
If you’ve been charged with trafficking prescription drugs in the second degree crine, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Schedule IV and V drugs
(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:
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- A Class A misdemeanor for a first offense involving one hundred twenty (120) or fewer dosage units;
- A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and
- 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:
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- A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and
- 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’ve been charged with trafficking prescription drugs in the third degree crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
General Prescription Drugs Related Crime
(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’ve been charged with prescription drug not in original container crime, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
Get Real Help By Calling 859-636-6803
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