2023 Kentucky Statutes 218A.1415 – Possession of controlled substance in first degree — Penalties
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(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. 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.
(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. 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.