KRS 218A.1415: Possession of controlled substance in first degree -- Penalties.

(1) A person is guilty of possession of a controlled substance in the first degree when

he or she knowingly and unlawfully possesses:

(a) A controlled substance that is classified in Schedules I or II and is a narcotic

drug;

(b) A controlled substance analogue;

(c) Methamphetamine;

(d) Lysergic acid diethylamide;

(e) Phencyclidine;

(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of

isomers, and analogues; or

(g) Flunitrazepam, including its salts, isomers, and salts of isomers.

(2) Possession of a controlled substance in the first degree is a Class D felony subject to

the following provisions:

(a) The maximum term of incarceration shall be no greater than three (3) years,

notwithstanding KRS Chapter 532;

(b) For a person's first or secon d offense under this section, he or she may be

subject to a period of:

1. Deferred prosecution pursuant to KRS 218A.14151; or

2. Presumptive probation;

(c) Deferred prosecution under paragraph (b) of this subsection shall be the

preferred alternative for a first offense; and

(d) If a person does not enter a deferred prosecution program for his or her first or

second offense, he or she shall be subject to a pe riod of presumptive

probation, unless a court determines the defendant is not eligible for

presumptive probation as defined in KRS 218A.010.