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Drug Possession and Trafficking

What is the difference between drug possession and drug trafficking?

In Kentucky drug charges are cited as controlled substance.

Possession is defined by statute as knowingly and unlawfully possessing.  Case law has held that there can be actual physical possesion or contrtuctive possession.  

Trafficking is defined in KRS 218A.010 as "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense, or sell a controlled substance; 

There are many variances of charges and potential resolutions based on the type of drug(s), the quantity of drug(s), the prior history of the defendant as well as whether the defendant is charged/convicted of possession v. trafficking.

For example, possession of marijuana is a class B misdemeanor, which is generally a fine only and no jail time.  Possession of a Schedule 1 or 2 controlled substance, is a class D Felony, while possession of > 2g of methamphetamine is a class C felony, punishable by 5-10 years in prison.

As a general rule, trafficking of a substance results in a higher penalty than possession. Also, possession of handgun or trafficking in a school zone will generally result in an even higher sentance.

If you have been charged wih ANY marijuana or controlled substance violation, hiring an attorney is adviseable to protect your rights. For consultation in Northern Kentucky, contact Michael Bouldin by clicking here, or email [email protected] or call 859-581-6453.

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