Is possession of methamphetamines a misdemeanor or a felony?

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Question:

Is possession of methamphetamines a misdemeanor or a felony?

Answer:

Felonies and misdemeanors in Kentucky are possible penalties for a variety of drug offenses, however, per the Kentucky Revised Statutes; possession of any amount of methamphetamine is considered possession of a controlled substance in the first degree. The penalties associated with these charges are as follows:

  • First offense possession in the first degree is a Class D Felony in the state of Kentucky, which carries penalties of at least one (1) year of incarceration, but not more than five (5) years.
  • Second offense possession in the first degree, or any subsequent arrest for the offense, is a Class C Felony in the state of Kentucky, which carries penalties of at least five (5) years, but not more than ten (10) years.

It is also notable that charges incurred by an offender may come to include additional charges for possession within a school zone, intent to distribute, manufacture, or even, attempted manufacture. Whether these and other methamphetamine related charges are applicable in your case will be at the discretion of the arresting law enforcement agency, and later, the prosecutors tasked with prosecuting a given case.

Especially involving drug offenses for personal use possession, using legal counsel during a criminal case may afford an offender the opportunity to avoid incarceration and attend some other form of alternative sentence, which focuses on rehabilitation rather than incarceration. Consult with a criminal defense lawyer in Kentucky to learn more about your legal rights and options, which most likely will include the ability to obtain some form of alternative sentence, today.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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