{"data":{"id":"us-ky/krs-218a.1415","jurisdiction":"us-ky","citation":"KRS 218A.1415","heading":"Possession of controlled substance in first degree -- Penalties.","body":"(1) A person is guilty of possession of a controlled substance in the first degree when\nhe or she knowingly and unlawfully possesses:\n(a) A controlled substance that is classified in Schedules I or II and is a narcotic\ndrug;\n(b) A controlled substance analogue;\n(c) Methamphetamine;\n(d) Lysergic acid diethylamide;\n(e) Phencyclidine;\n(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of\nisomers, and analogues; or\n(g) Flunitrazepam, including its salts, isomers, and salts of isomers.\n(2) Possession of a controlled substance in the first degree is a Class D felony subject to\nthe following provisions:\n(a) The maximum term of incarceration shall be no greater than three (3) years,\nnotwithstanding KRS Chapter 532;\n(b) For a person's first or secon d offense under this section, he or she may be\nsubject to a period of:\n1. Deferred prosecution pursuant to KRS 218A.14151; or\n2. Presumptive probation;\n(c) Deferred prosecution under paragraph (b) of this subsection shall be the\npreferred alternative for a first offense; and\n(d) If a person does not enter a deferred prosecution program for his or her first or\nsecond offense, he or she shall be subject to a pe riod of presumptive\nprobation, unless a court determines the defendant is not eligible for\npresumptive probation as defined in KRS 218A.010.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39533","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"9ff41bbe237d83ca696b99e864bf362c694fa8a7f0956c8ef31af7acda25a84e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.14141","next":"us-ky/krs-218a.14151"},"notice":"GroundRules: Original legal text. Not legal advice."}