POSSESSION OF DRUGS

The seriousness of a drug charge depends on the drug that you possess.  Possession can mean a variety of different things. For example, you can be charged with possession if you have drugs in your pocket.  However, you can also be charged with possession if you have drugs in your car or a backpack.

Possession of drugs like cocaine, heroin, methamphetamine, and oxycodone (Schedule I and II drugs) is a felony, and you can be charged with a felony.  That means that the maximum punishment is 3 years (to serve in jail or on probation) and the minimum punishment is 1 year.

Possession of drugs that are not Schedule I or II drugs is a Class A misdemeanor.  For example, if you possess Xanax (when you do not have a prescription from a doctor) is a crime.  The maximum penalty is $500 or 12 months in jail. 

Possession of marijuana is still a crime in Kentucky and is a Class B misdemeanor.  That means that the maximum penalty is a $250 fine and up to 45 days in jail.

Keep in mind that possession of drug paraphernalia (pipes, bongs, scales, rolling papers) is also a crime.  Note: you can still be charged with paraphernalia even if you do not possess drugs.  For example, if you have bongs and rolling papers, but no marijuana, you can still be charged with possession of drug paraphernalia.  Possession of drug paraphernalia is a Class A misdemeanor, which means the maximum penalty is $500 or 12 months in jail.