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What Is the Max Penalty for Possession in KY?

In Kentucky, a Possession charge may be a different level of offense based on the drug which was possessed as well as the quantity.  If the charge is possession of marijuana, it is considered a minor misdemeanor for a first offense and is a fine.  A second or subsequent charge may be considered a class A misdemeanor, punishable by up to 12 months in jail.  If you are caught with more than 8 ounces, it may be considered trafficking. A possession of controlled substance charge is generally a minor class D felony, punishable by 1-3 years in prison.  If you have a large quantity, it may be a 1-5 year sentence or if considered trafficking, may be a class C felony punishable by 5-10 years.  Some trafficking charges are now considered to be D felonies, punishable by up to 5 years in prison. As an aside, there are other items which may also be illegal to POSSESS in Kentucky, to wit: (1) concealed firearm; (2) any firearm if you are a convicted felon; (3) stolen property; (4) forged instruments; (5) forgery devices; (6) burglary tools; (7) gambling devices; (8) drug paraphernalia; and (9) methamphetamine precursor .  It is illegal to posses any of these foregoing items.  Most of these criminal possession charges are felonies under Kentucky law; if you have questions, seek the advice of an attorney. If you have been charged with criminal possession of ANYTHING, you need to hire an experienced criminal defense attorney to represent your interest.  An attorney can discuss your case and advise you of any and all possible defenses to the case. The attorney will advise you of your rights and either negotiate the best deal or represent you through trial.  They can determine if there is reason to file a Motion to Suppress Evidence, whether that be the drug in question, statement, cell phone or other evidence that the state would use to attempt to prove your guilt. If you need to speak with an attorney in Northern Kentucky, contact Michael Bouldin at the Bouldin Law Firm by email at [email protected] or call 581-MIKE, 859-581-6453.

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