KY law divides drugs known as controlled dangerous drugs into five schedules. The schedule of the drug is based on drugs potential for harm. Schedule I includes drugs which have a high potential for abuse and no accepted medical use.
Schedule II drugs have a high potential for abuse but have a limited or restricted medical use. A Schedule III drug has an accepted medical use and is not as dangerous as Schedule II or III drugs. A Schedule IV drug has both a low potential for abuse and an accepted medical use. A Schedule V drug has a lower potential for abuse than Schedule IV and has accepted medical use.
If you illegally possess a Schedule I or II drug you could be charged with a Class D felony. If you are a first time or second time offender you may get your charges dismissed if you complete the deferred prosecution program. You also are presumed to get probation. Presumptive probation and Diversion allows you to remain free in the community. You must complete a substance abuse program. If you fail to meet the conditions of Diversion or probation the judge may send you to jail or prison after conducting a revocation hearing. Possession of a controlled substance in the Second Degree a non-narcotic is a Class A misdemeanor. Illegal possession of a Schedule IV or V drug is a misdemeanor and carries up to twelve months in jail.
If you illegally possess a controlled substance while you are seeking to help someone from an overdose you will not be prosecuted. This is the overdose exemption law under KRS 218A.133. This law allows you to call 9-1-1 if you are overdosing without fear of arrest. If you are arrested for a Schedule II non-narcotic or Schedule III, IV, V drug you should be released without having to post bond (ROR) unless you have a lengthy criminal record. If you lie to a doctor about your health in order to get a drug prescription you will be charged with a Class D felony. A non-narcotic drug is a painkiller that is not in the opiod family, and carries a lesser sentence.
Selling a controlled substance to a minor (under 18) is a Class C felony for first offense. First Degree Trafficking in Controlled Substance occurs if you sell or attempt to sell:
– Four grams or more cocaine
– 2 grams or more meth
– 10 dosage (pills) or Schedule I or II narcotic
Any quantity of heroin the penalty is a Class C Felony which is 5-10 years prison. If it is your second offense the penalty increases to a Class B felony (10-20). If you are caught selling or attempting to sell:
– Four grams cocaine or more
– 2 grams or more meth
– 10 dosage (pills) or Schedule I or II narcotic
The penalty is 5-10 ears for first offense and 10-20 for second offense.
The penalty is a Class D felony for first offense and Class C for second offense. If you are a convicted trafficking in heroin and you have two items of paraphernalia or excess cash or multiple cell phones, the prosecutor will claim you are in a commercial drug business and if convicted you will serve at least 50% of the sentence before parole.
Trafficking in a Controlled Substance 2nd Degree is a Class D felony for first offense and Class C for second offense. This offense is if you sell or attempt to sell ten units (pills) of a non-narcotic drug or twenty units of a Schedule III drug, or steroids.
