What is the maximum sentence for drug possession in Kentucky?

Under KRS § 218A.1415 (Class D Felony), Kentucky drug possession carries a maximum sentence of 5 years (first); 10 years (second+) and a maximum fine of $10,000.

Does Kentucky have a mandatory minimum for drug possession?

Kentucky does not impose a blanket mandatory minimum for simple drug possession. Specific charges or enhancements may carry their own minimums.

What factors enhance a drug possession charge in Kentucky?

In Kentucky, drug possession penalties can be enhanced by: Second or subsequent offense (Class D Felony, 1-5 years; Class C Felony, 5-10 years after second felony); Proximity to school (additional penalty).

Kentucky Drug Possession Law

Kentucky Drug Possession Defense

What you're facing under KRS § 218A.1415, how the penalties scale, and the questions your attorney needs to answer, specific to Kentucky (KY) law.

Offense Class

Class D Felony

Maximum Penalty

5 years (first); 10 years (second+)

Maximum Fine

$10,000

Penalty Range in Kentucky

StatuteKRS § 218A.1415 — Possession of a Controlled Substance — First Degree

Minimum Penalty1 year

Maximum Penalty5 years (first); 10 years (second+)

Maximum Fine$10,000

Charge Enhancements

These factors can elevate the charge or penalty in Kentucky:

Second or subsequent offense (Class D Felony, 1-5 years; Class C Felony, 5-10 years after second felony)
Proximity to school (additional penalty)

Kentucky-Specific Detail

Kentucky splits possession into first degree (Schedule I/II) and second degree (Schedule IV/V) and third degree (drug paraphernalia). First degree is a Class D Felony. Presumptive probation for first offense under HB 463.

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Important: This page provides legal INFORMATION about Kentucky drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.