Drug Laws In KY: They Scoop

We are a few years into House Bill 463 which changed the way the Kentucky criminal justice system handles drug related crimes.  Its intent was to promote rehabilitation instead of incarceration and to reduce the cost burden on the state to keep people in jail.

I still get a lot of questions from clients about how this bill works and exactly what it changed so I thought I would give you a rundown of a few of the key components I’m asked about most.

Lets start with marijuana. In KY possession of marijuana in an amount consistent with personal use used to be a Class A Misdemeanor carrying up to a year in jail and/or a maximum of a $500 fine.  Thanks to the changes in our law, possession of marijuana is now a Class B Misdemeanor which carries up to 45 days in jail and/or a maximum of a $250 fine.

Next up is Trafficking in a Controlled Substance First Degree.  Trafficking simply means selling or distributing a controlled substance.  This is a Class C Felony and carries a minimum of five and a maximum of 10 years in the penitentiary.  Anything over 2 grams of heroine, 2 grams of methamphetamine, 10 dose units of a schedule I or schedule II drug and 4 grams of cocaine meet the standard to charge you with trafficking instead of mere possession.  If you have fewer than 2 grams of heroine, 2 grams of methamphetamine, 10 dose units of a schedule I or II drug or four grams of cocaine you meet the standard for a Class D felony which carries between 1 to 5 years in the penitentiary.

These are just some of the changes in the laws, but the ones that I get asked the most about. I hope you find this information helpful.  If you need representation for Possession of a Controlled Substance or Trafficking in a Controlled Substance please give me a call. I’d be glad  to talk o you about your case.