Drug Trafficking Charge in Kentucky

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Kentucky has tough laws on illegal drugs and is most severe when it comes to trafficking controlled substances.

Kentucky and Federal Drug Schedules
Schedule I Drugs with a high potential for abuse and that have no accepted medical use in the United States or lack accepted safety for use in treatment under medical supervision such as heroin, GHB, LSD, marijuana, and ecstasy.
Schedule II Drugs with a high potential for abuse which may lead to severe psychic or physical dependence, and that currently have accepted medical use in the United States with or without severe restrictions such as methamphetamines, methadone, amphetamines, opium, and cocaine.
Schedule III Drugs with less potential abuse than those listed in Schedules I or II which may lead to moderate or low physical or high psychological dependence, and that currently have accepted medical use in the United States such as anabolic steroids, testosterone, codeine, hydrocodone, ketamine, and certain depressants.
Schedule IV Drugs with a low potential for abuse relative to substances in Schedule III which may lead to limited physical or psychological dependence, and that currently have accepted medical use in the United States such as sedatives and certain tranquilizers.
Schedule V Drugs with a low potential for abuse relative to substances in Schedule IV which may lead to limited physical or psychological dependence, and that currently have accepted medical use in the United States such as non-prescription preparations that have Codeine in them.

Penalties for Trafficking Controlled Substances in Kentucky

The most severe penalties under Kentucky law relate to trafficking or conspiring to traffick drugs categorized to be Schedule I or II. The first conviction stipulates a fine of up to $10,000 and/or a jail sentence of up to ten years in the state penitentiary. In repeat offenses, the penalties are doubled.

Penalties for Trafficking Marijuana in Kentucky

Kentucky law considers the first offense of trafficking marijuana involving less than eight (8) ounces of marijuana to be a Class A misdemenaor. Penalties for the sale or transfer of less than eight ounces of marijuana range from one to three years in the county jail and/or a fine of less than $500.00. Penalties increase to as high as ten years in the state penitentiary and/or a fine of up to $10,000.00 for any offense involving five or more pounds of marijuana.

The possession of eight (8) or more ounces of marijuana is deemed to be clear evidence that the person possessing the marijuana had the intent of selling or transferring it. The same applies to planting, cultivating, or harvesting marijuana plants. Kentucky drug laws state that it is self-evident in the case where five (5) or more marijuana plants were planted, cultivated, or harvested, that it was for the purpose of sale or transfer.

Out-of-State Defendants

If you have been charged with drug trafficking, possession, or conspiracy to traffic drugs in Kentucky and you live elsewhere, you may face prejudices that Kentucky residents would not.That's why you need to work with an experienced and aggressive criminal defense lawyer experienced in the Kentucky court system.



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