Section 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;(d) Lysergic acid diethylamide;(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 second offense under this section, he or she may be subject to a period of: 1. Deferred prosecution pursuant to KRS 218A.14151; or2. 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 period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS 218A.010.Effective:6/8/2011
Amended 2011, Ky. Acts ch. 2, sec. 12, effective6/8/2011. -- Amended 2002, Ky. Acts ch. 259, sec. 2, effective 7/15/2002. -- Amended 1998, Ky. Acts ch. 606, sec. 65, effective 7/15/1998. -- Created 1992 Ky. Acts ch. 441, sec. 15, effective 7/14/1992.