In Kentucky, there are many levels of drug possession as well as trafficking offenses. The first thing to learn is the law and your rights. Marijuana levels of 8 ounces, 5 pounds are significant in how the case proceeds. 2 grams of cocaine, 4 grams of meth or 10 dosage units may significantly alter the charges, resolution and mandatory jail sentences for trafficking. An experienced criminal defense attorney will explore possibly weaknesses in the case, discuss search and seizure issues and explain the differences in potential outcomes. Fighting drug charges often requires experience in making timely motions and objection as well as dealing with prosecutors and judges.
Marijuana
Possession of Marijuana is a misdemeanor and still remains illegal in Kentucky. Possession of more than 8 ounces is considered to be presumption of trafficking. Trafficking of marijuana less than 8 ounces is also a misdemeanor. If the amount exceeds 8 ounces, it is a class D felony and if exceeds 5 pounds, it is a class C felony.
Schedule I and II Drugs.
Any amount of a schedule I or schedule II drug is considered to be a felony in Kentucky, so long as there is a sufficient amount to test. The lower amounts are considered a “mini” class D, in that most class D charges are punishable by 1-5 years in prison, the mini-D felonies are punishable by 1-3 years and are presumptively probation offenses. If a defendant is charged with first offense, it is presumed to be eligible for felony diversion.
Trafficking of narcotics or other schedule I and II controlled substances are all felony offenses. Some may be class D, but most are class C or higher, depending on the amount.
Cash, Guns, and other assets
Cash and guns are generally seized when a person is arrested and suspected of drug trafficking. It is very unusual for cash or weapons to be returned. Often, other assets such as phones or electronic devices may be returned at the conclusion of the case. A defendant has the right to challenge the seizure, which is separate from the defense of the case. Defendants should not expect to have cash, guns or other assets returned while the case is pending.
If you have been charged or arrested for any drug offense, including possession or trafficking, you should hire an experienced criminal defense attorney. For representation in Northern Kentucky, contact Michael Bouldin or call 859-581-6453 (581-MIKE).