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Kentucky Cocaine Laws

Drug abuse remains a problem across the country. Like every other state, Kentucky law criminalizes the possession, sale, and distribution (trafficking) of cocaine. Despite this, cocaine possession and cocaine trafficking are still commonplace in Kentucky.

Kentucky law doesn’t differentiate between crack cocaine and powder cocaine. If law enforcement catches you with a large quantity of cocaine-based drugs, you’ll go to jail. Depending on how much of the drug you have on you at the time of your arrest, you could face serious criminal charges.

Here, we’ll explain Kentucky’s cocaine laws, including the penalties and defenses for these drug crimes. If you're facing cocaine charges, consult a local criminal defense attorney.

Understanding Possession of Cocaine Laws

Kentucky lawmakers are serious about all drug crimes. Whether the police arrest you for possession of cocaine, methamphetamine, or some other controlled substance, you’ll likely face felony charges. Not all drug crimes are felonies. For example, under Kentucky drug laws, second-degree drug possession is a Class A misdemeanor.

Most drug offenses in Kentucky are felonies. If the police find out you’re selling illegal drugs such as cocaine or fentanyl, you can expect to go to prison for a long time. When it comes to drug trafficking in Kentucky, the criminal penalties depend on the quantity of cocaine you have on you and whether you have prior drug convictions. They also depend on the type of drugs law enforcement catches you with.

Cocaine and Drug Schedules

Under both federal law and state law, the penalties for drug offenses depend on the type of drug you’re dealing with. The penalties for marijuana possession are less severe than they are for cocaine possession.

When determining the charges, the state will examine the type of drugs your case involves. They will defer to the DEA’s classification of drugs, which includes the following:

  • Schedule I drugs - Schedule I drugs have a high potential for abuse and dependence. Many of these are narcotic drugs that have no accepted medical use. Schedule I drugs include LSD, heroin, and ecstasy.
  • Schedule II drugs - Like Schedule I drugs, these substances have a high risk of abuse and physical dependence. Cocaine, along with fentanyl and methamphetamine, are Schedule II drugs.
  • Schedule III drugs - These drugs carry a low to moderate risk of abuse and dependence. Very few criminal cases involve these drugs. Examples of Schedule III drugs include ketamine and anabolic steroids.
  • Schedule IV drugs - Some Schedule IV drugs are just as dangerous as Schedule I and II drugs. Xanax and Adderall are Schedule IV drugs. While some doctors prescribe them, they have a risk of abuse and dependence.
  • Schedule V drugs - These are drugs that doctors often prescribe, such as cough syrup and non-narcotic prescription drugs. Criminal charges for possession of a Schedule V drug are rare.

Like other Schedule II controlled substances, law enforcement agencies treat cocaine possession, sale, and trafficking as serious offenses. Whether it’s your first or second offense, expect a conviction to carry severe penalties, including a prison sentence and hefty fines. We’ll discuss the specific penalties in the following section.

Kentucky Cocaine Laws at a Glance

If you’re facing a possession charge for cocaine, you should familiarize yourself with Kentucky’s drug possession laws. Keep in mind that the police can arrest you for possession of drug paraphernalia, even if you have no drugs on your person.

The following table outlines the main cocaine laws in Kentucky.

Kentucky Cocaine Law Code Sections

Kentucky Revised Statutes

Title XVIII Public Health

  • KRS § 218A, et seq.
  • KRS §218A.1412 – Trafficking in a Controlled Substance in the First Degree
  • KRS §218A.1415 – Possession of a Controlled Substance in the First Degree
  • KRS §218A.1416 - Possession of a Controlled Substance in the Second Degree

Penalties for Possession of Cocaine in Kentucky

For the state to convict you of drug possession, it must prove the following:

The defendant was aware they possessed a controlled substance classified as a Schedule I or Schedule II narcotic drug, a controlled substance analog, or methamphetamine, LSD, PCP, or GHB

Penalty for Cocaine Possession

Cocaine or crack possession is a Class D felony, resulting in a maximum incarceration of three years.

Convictions for a first and second-offense cocaine possession charge may result in deferred prosecution or presumptive probation. If this isn’t an option for the offender, the judge will sentence them to up to three years in prison. There may also be fines, depending on the facts of the case.

Penalties for Sale or Trafficking of Cocaine in Kentucky

To find an offender guilty of the sale or trafficking of cocaine, the state must prove the following:

  • The defendant was aware of trafficking at least 4 grams of cocaine
  • The defendant was aware of trafficking under 4 grams of cocaine

Penalties

Trafficking at least 4 grams of cocaine is a Class C felony. Class C felonies are punishable by five to 10 years in prison and fines between $1,000 and $10,000. At a minimum, the court will fine the defendant at least twice what they made from the sale of cocaine.

A second or subsequent offense is a Class B felony, which can result in a potential prison sentence between 10 to 20 years and fines between $1,000 and $10,000.

Under Kentucky drug trafficking laws, the state can cite one transaction of 4 grams of cocaine or cumulative transactions in a 90-day period.

Trafficking less than 4 grams of coke is a Class D felony. Convictions carry between one to five years in prison and fines between $1,000 and $10,000. A second or subsequent offense will result in a Class C felony.

Selling to a minor under 18 when you’re at least 18 is a Class C felony. If it's your second offense, the state will charge you with a Class B felony. This is true regardless of how much cocaine you sold to the minor.

Disclaimer: State laws are subject to change. It’s essential to verify the law by conducting legal research or contacting a knowledgeable criminal defense attorney.

Facing Cocaine Charges in Kentucky? A Criminal Defense Lawyer Can Help

Defending yourself against a drug charge on your own is a risky decision. It’s best to have an experienced Kentucky criminal defense lawyer by your side. They know the law and will help you achieve the best outcome possible.

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