Drug Possession Charges in Kentucky: KRS 218A.1415

Drug possession is one of the most commonly charged offenses in Kentucky. Under KRS 218A.1415, possession of a controlled substance is a criminal offense, and the penalties depend on the type and quantity of the substance, whether you have prior convictions, and the circumstances of the arrest.

What the Law Says

KRS 218A.1415 makes it unlawful to knowingly and unlawfully possess a controlled substance. The statute covers all schedule I through V controlled substances, including methamphetamine, cocaine, heroin, fentanyl, prescription opioids, benzodiazepines, and marijuana (in most circumstances).

Penalties by Drug Type

First offense possession of a controlled substance (Schedule I-III): Class A misdemeanor — up to 12 months in jail and fines up to $500.

Second or subsequent offense: Class D felony — 1 to 3 years in prison.

Marijuana possession (first offense): Class B misdemeanor — up to 45 days in jail.

Common Defenses

Unlawful Search and Seizure: If police found drugs during an illegal search, the evidence may be suppressed.

Lack of Knowledge: You must have known the substance was present.

Lack of Possession: Being near drugs doesn’t mean you possessed them.

Valid Prescription: Possessing a controlled substance with a valid prescription is legal.

Diversion Programs

Kentucky offers pretrial diversion for some first-time drug possession offenders, potentially resulting in charges being dismissed upon completion.

Contact Clark + Harris

Call 859-474-0001 for a free consultation. Visit www.clarkharris.com.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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