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What Is Possession of Controlled Substance?

Possession of Controlled Substance, typically referred to as PCS, is usually a felony charge in Kentucky.  PCS is a felony charge if someone is arrested for possession of heroin, cocaine or any other narcotic substances, schedule I or II narcotics, and methamphetamine.  PCS can also be a lesser charge if a non-narcotic prescription drug.  Unlike other class D felonies, the penalties for PCS are 1-3 years, with presumption of probation or deferred prosecution. PCS is codified and located in Kentucky Revised Statutes under controlled substance act. KRS 218A.1415 - Possession of controlled substance in first degree -- Penalties. (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. PCS and all felony charges are serious charges with possibility of jail or prison sentences.  If you have a felony charge in Northern Kentucky, call Michael Bouldin for a consultation at 859-581-6453.

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