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Marijuana + Gun = Felony in KY

Many Kentucky criminal defendants who believe that they are only committing a minor misdemeanor when they possess marijuana may also be prosecuted for a felony charge if they carry or possess a weapon.  

KRS 218A.992 provides the following: 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.  

NOTE: There is not a CCW exception to this rule.  Therefore, if you possess even a small amount of marijuana and have a legal CCW permit and are carrying a firearm, you may be guilty of a felony.

If you have questions about your rights to carry or are charged with a possession of drug charge (felony or misdemeanor) you should hire an experienced criminal defense attorney.  For consultation in Northern Kentucky, call Bouldin Law Firm.  Call Mike Bouldin at 859-581-6453 or email [email protected].

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