Possession of a Controlled Substance in Kentucky

Illegal possession of a controlled substance can result in misdemeanor or felony drug charges in Kentucky. This article reviews Kentucky's drug classifications and penalties for illegal possession for personal use. Harsher penalties apply to drug sales, manufacturing, and trafficking offenses.

How Kentucky Classifies Controlled Substances

Kentucky divides controlled substances into five schedules—Schedules I to V. Schedule I drugs are considered the most dangerous and highly addictive, while Schedule V drugs are the least dangerous and the least addictive. The state follows the federal schedules with some exceptions. Below are some examples of drugs placed into each schedule.

Schedule I includes drugs such as heroin, MDMA, LSD, mescaline, and psilocybin.

Schedule II includes drugs such as opium, codeine, morphine, oxycodone, cocaine, fentanyl, carfentanil, and meth.

Schedule III includes drugs such as ketamine, phenobarbital, barbital, and anabolic steroids.

Schedule IV includes drugs such as zolpidem (Ambien), diazepam (Valium), lorazepam (Ativan), and flunitrazepam (Rohypnol).

Schedule V drugs include cough suppressants and other therapeutic medicines containing low doses of codeine or other narcotics.

(Ky. Rev. Stat. § 218A.020 (2024); 902 Ky. Admin. Regs. 55:015 (2024).)

What Are the Penalties for Illegal Drug Possession in Kentucky?

A person convicted of illegal possession of a controlled substance faces penalties based on the type of drug possessed. Possession crimes range from a Class B misdemeanor to a Class D felony.

First-Degree Drug Possession

The harshest penalties apply to unlawful possession of the following drugs:

• Schedule I or II narcotics (such as heroin, fentanyl, opium, and cocaine)
• methamphetamine
• LSD
• phencyclidine (PCP)
• gamma hydroxybutyric acid (GHB), and
• flunitrazepam (Rohypnol).

First-degree possession charges carry class D felony penalties of up to three years in prison and a $10,000 fine.

The law indicates a preference for deferred prosecution or presumptive probation for first- and second-time offenders under this section. Deferred prosecution provides an opportunity for a defendant to avoid a conviction and have all charges dismissed.

Second-Degree Drug Possession

Kentucky makes it a class A misdemeanor to unlawfully possess a Schedule III drug or any Schedule I or II drug not listed as a first-degree offense. A person convicted of a class A misdemeanor faces up to 12 months of jail time and a $500 fine.

Third-Degree Drug Possession

It's also a class A misdemeanor to unlawfully possess a Schedule IV or V drug. The maximum penalty is a 12-month jail sentence and a $500 fine.

Possession of Marijuana or Salvia

A person who unlawfully possesses marijuana or salvia commits a class B misdemeanor. The maximum jail term is 45 days for unlawful marijuana possession and 30 days for unlawful salvia possession. Both carry up to $250 in fines.

(Ky. Rev. Stat. §§ 218A.1415, 218A.14151, 218A.1416, 218A.1417, 218A.1422 (2024).)

Good Samaritan Laws in Kentucky

A person who seeks medical help for a drug overdose cannot be prosecuted for drug possession or manslaughter for fentanyl-induced death. This immunity applies to those acting in good faith for themselves or another person experiencing an overdose.

(Ky. Rev. Stat. § 218A.133 (2024).)

Talk to an Attorney

If you are charged with drug possession, contact a local criminal defense attorney. Possession charges might seem minor, but a criminal record of drug charges can hurt a person's chances of getting a job or housing. It can also lead to harsher charges in future cases.