Possession of Handgun & Drugs

Kentucky law allows for enhancement of any drug possession if the defendant also possesses a firearm. KRS 218A.992 provides:

Enhancement of penalty when in possession of a firearm at the time of commission of offense. (1) Other provisions of law notwithstanding, any person who is convicted of any violation of this chapter who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall: (a) Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or (b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor. (2) The provisions of this section shall not apply to a violation of KRS 218A.210, 218A.1450, 218A.1451, or 218A.1452. 

The non-applicable provisions are as follows:
218A.210 – Schedule V Controlled Substances

218A.1450, .1451, .1452 – Trafficking, possession or cultivation of Savia

Interestingly, marijuana is NOT exempt from this enhancement. Despite possession of marijuana being a class B misdemeanor, the defendant who possession marijuana and a firearm is subject to begin penalized as a Class D Felon under 218A.992(1)(b). A class D felony carries 1-5 years in prison.

It is important to know your rights as well as possible consequences. While marijuana is illegal, the penalties may become much greater if you possess a firearm. If you are charged, contact Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

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