218A.1415 Possession of controlled substance in first degree -- Penalties.

215 words·~1 min read·/ky/chapter-218a/218a-1415

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.