How Much Weed Is A Felony In Kentucky?
- Michael Paul
After a Marijuana-Related Arrest, the Possible Charges You May Face – If this is your first arrest, the police and prosecutors may put pressure on you to plead guilty and just accept the “small” penalty that you are facing. This is especially true if this is your first offense.
You will still have a criminal record for drug possession even if you accept some time in jail or community service, and this record can be used against you when you seek for employment, attempt to get into college, or even wish to rent an apartment. The greatest method to safeguard your future is to fight the charges that have been brought against you as soon as they are brought.
If you have been arrested in Kentucky for possession of marijuana, you might be charged with the following crimes: Possession. Even if you just have a tiny amount of marijuana for your own personal use, you still run the risk of being charged with a class B misdemeanor, which carries a maximum fine of $250 and a possible prison sentence of up to 45 days.
- Possession of various items associated with drug use.
- To be charged with a drug offence, it is not necessary for there to be marijuana on your person at the time of the alleged offense.
- In the state of Kentucky, it is against the law to promote or advertise things that are designed or intended to be used as drug paraphernalia, to possess drug paraphernalia, to produce drug paraphernalia, or to distribute drug paraphernalia.
If you break any of these laws for the first time, you are guilty of a class A misdemeanor, which carries a sentence of up to one year in jail and a fine of up to five hundred dollars. Cultivating. In the state of Kentucky, it is against the law to produce, cultivate, or harvest marijuana plants.
- For a first offense, a defendant who is found to have four marijuana plants or fewer can be charged with a class A misdemeanor, which carries a possible sentence of up to one year in jail and a fine of up to $500.
- Any further crimes are considered class D felonies, which carry a possible jail sentence of up to five years and a fine of up to $10,000.
Growing things for the purpose of selling them. It is possible to be prosecuted with cultivating marijuana with the intent to sell if you have five or more plants in your possession. Even if this is the defendant’s first crime, they will be held accountable for a class D felony.
If this is your second or subsequent violation, you are guilty of a class C felony, which carries a maximum fine of $10,000 and a jail sentence ranging from five to ten years. Trafficking. If you were caught selling marijuana or possessing a quantity of the substance with the intention of selling it, you may be charged with trafficking.
If you were discovered in possession of eight ounces or less, you may be charged with a class A misdemeanor, which could result in a fine of up to $500 and/or a prison sentence of up to a year. If you were carrying between eight ounces and five pounds, you might be charged with a class D felony and risk a punishment of up to $10,000 and up to five years in jail.
If you were carrying between eight ounces and five pounds, you may also be charged with a class C felony. Lastly, if you are caught in possession of five pounds or more of marijuana, you might be charged with a class C felony, which could result in a fine of up to $10,000 and a jail sentence of from five to ten years.
The commission of this offense at a distance of one thousand feet of a school. If you were selling or attempting to sell marijuana on or near school grounds, you might face enhanced penalties. In spite of the fact that a first offense violation is considered a class D felony, heavier punishments may be applied based on the quantity that was had.
If you are the subject of a criminal investigation or are being charged with a crime, you need the assistance of an attorney who specializes in drug offenses. Steve Adams is familiar with the procedures that police officers are required to follow while making an arrest because he was a prosecuting attorney in the past.
He also is aware of what must be demonstrated in order to obtain a conviction. We are aware of the significance that the finding of an unlawful traffic stop or the absence of a search warrant might have in a case of this nature, and as a result, we will not ignore any aspect of the investigation.
How much weed is allowed in Kentucky?
Possession of paraphernalia is considered a Class A misdemeanor, which carries a potential term of one year in jail and a maximum fine of $500. If convicted of this offense, you might face either penalty. Web Search Under KRS Section 218A.500
Is drug possession a felony in Kentucky?
Possession of Drugs Under the state of Kentucky, you run the risk of being charged with possession of narcotics if you are found to have drugs in your control and possession at the same time. In order for the court to find you guilty of this crime, it must be presented with tangible proof that demonstrates your guilt beyond any shadow of a doubt.
If you are found guilty of possessing drugs, the penalties you face will be determined by the state’s determination of whether the violation was a crime of the first, second, or third degree. The specific kind of substance in question is what the law uses to establish the severity of the crime. First Degree: If this is your first offense for possessing illegal drugs, the crime you committed will be considered a Class D felony.
If it happens again, especially if it’s your third time, you might be charged with a Class C felony. Crime of the Second Degree: If this is your first offense, you will be charged with a Class A misdemeanor for committing a crime of the second degree.
What happens if I get caught with weed in Kentucky?
Stamp Taxes in Kentucky: A stamp tax is a type of tax that is imposed on certain types of transactions (such as the transfer of property) and requires the purchase of a stamp that must be affixed either to the item that is being sold or to an instrument that is being used to document the transaction (such as a deed).
Deeds, the issuance and transfer of stocks and bonds, and the purchase of playing cards are all subject to stamp duties levied by the federal government. Those who purchase marijuana in Kentucky, move it within the state, or import it into the state are obliged to pay a stamp tax and affix the stamp (which serves as confirmation of payment) onto the contraband.
On the other hand, due to the fact that it is against the law to be in possession of marijuana, most people do not pay the stamp duty. If you are found guilty of possession, you will also be responsible for paying any back taxes along with interest that has accrued during that time.
How many pounds of weed is considered trafficking in Kentucky?
According to the provisions of KRS 138.870 to 138.889, and unless the circumstances call for anything different: (1) “Marijuana” refers to marijuana in accordance with the definition given in KRS 218A.010, whether the marijuana in question is authentic or not.
(2) The term “controlled substance” refers to any controlled substance, regardless of whether it is an authentic or counterfeit version of the controlled substance, as defined in Kentucky Revised Statute 218A.010 or any regulation promulgated pursuant to that statute; however, it does not include marijuana.
(3) An individual is considered a “offender” if they are found to be participating in a taxable activity inside the boundaries of this state, as outlined in subparagraph (4) of this section. (4) The term “taxable activity” refers to the production, cultivation, manufacturing, importing, transportation, distribution, acquisition, purchasing, storing, selling, using, or otherwise possessing, in violation of KRS Chapter 218A, more than five (5) marijuana plants with foliation, 42.5 grams of marijuana that has been detached from the plant on which it grew, seven (7) grams of any controlled substance, or fifty (50) or more dosage units of any controlled substance that is not sold by a licensed pharmacist.
- According to this clause, the weight or dosage units must contain the weight of marijuana as well as the weight or dosage units of the restricted substance, regardless of whether the controlled substance is pure, impure, or diluted.
- A quantity of a controlled substance is considered to be diluted if it contains any excipients or fillers in addition to a detectable quantity of the restricted substance in its pure form.
(5) The term “dosage unit” refers to a controlled substance tablet, capsule, vial, or ampule, or, in the case of mass volume or diluted quantities, the appropriate dose or quantity of a controlled substance to be taken all at once (1) or in fractional amounts within a given period, as defined and adopted by the United States Pharmacopeia.
- This term was adopted by the United States Pharmacopeia.
- 6) “Controlled substance” refers to any substance that is (6) For the purposes of this definition, “possessing” can refer to either actual possession or constructive possession, or it can refer to a mixture of both types of possession.
- It is not sufficient to just hold real estate or to own an interest therein in order to prove constructive possession of that property.
Date of entry into force: June 21, 2001 History: This section was amended in 2001 by Kentucky Acts Chapter 155 Section 1, which took effect on June 21, 2001. – Established by the Kentucky Acts of 1994, Chapter 315, Section 1, which went into effect on July 15, 1994.
(1) A person is guilty of the crime of possession of marijuana if they are in possession of marijuana knowingly and in violation of the law. (2) Marijuana possession is considered a Class B misdemeanor in Kentucky; nevertheless, despite the provisions of KRS Chapter 532, the maximum amount of time a person can spend in jail for this offense is forty-five (45) days.
This provision supersedes any other provision in the statute. Date of entry into force: June 8, 2011 History: This section of the Kentucky Acts from 2011 was amended and became effective on June 8th, 2011. – This section was established by Kentucky Acts Chapter 441 Section 19 on July 14, 1992.
- 1) A person is guilty of the crime of trafficking in marijuana if he or she does so intentionally and in a manner that is against the law.
- 2) The distribution of less than eight ounces of marijuana is considered a Class A misdemeanor for the first offense and a second or subsequent crime.
- B) If this is your second or subsequent crime, you will be charged with a Class D felony.
(3) The transportation of eight (8) ounces or more but less than five (5) pounds of marijuana is a Class D felony for the first offense and a state jail felony for subsequent offenses. b) If this is your second or subsequent violation, you will be charged with a Class C felony.
4) If you are caught trafficking five (5) pounds or more of marijuana, you are looking at a Class C felony for your first offense. (b) If this is your second or subsequent crime, you will be charged with a Class B felony. (5) The illegal possession of eight (8) ounces or more of marijuana by any person shall constitute prima facie proof that the person had the marijuana with the purpose to sell or transfer it.
The weight of the marijuana must not be taken into consideration. Date of entry into force: 7/14/1992 In the past, this statute was established by the Kentucky Acts Chapter 441 Section 18 on July 14, 1992. It’s possible that viewing some of the links on this page will need downloading extra software.
What is a Class D felony in KY?
There is a time restriction, known as the statute of limitations, in most jurisdictions for all offenses other than the most serious ones, before which the state is required to commence the criminal prosecution process. The state of Kentucky is unique in that there is no time restriction on the prosecution of felonies in the state. (Ky. Rev. Stat. Ann. § 500.050 (2019).)
What is a Class D drug felony in Kentucky?
A person may be charged with a class D felony for possession of controlled substances in the first degree if they are found to be in possession of specified amounts of Schedule I or II substances, controlled substance analogues, methamphetamine, LSD, phencyclidine, GHB, or flunitrazepam.
- This offense is considered to be intentional possession.
- If it is the defendant’s first or second crime, the court has the option of placing them on presumptive probation or ordering them to participate in a deferred prosecution program.
- These options are recommended in the event of a first offense, but they are still open to consideration in the event of a second violation.
A defendant may be eligible for a deferred prosecution or presumptive probation, both of which allow the defendant to enter a probation program. If the defendant successfully completes the terms and conditions imposed on probation by the judge, the defendant may be discharged and released from the program without having to pay fines or serve the required amount of time in prison (as would occur if the defendant were convicted of the underlying crime).
The court will proceed with the trial of the defendant on the class D felony charges if the defendant does not fulfill the terms of their probation. If you are found guilty, the penalties that you face include a fine of at least one thousand dollars (and up to ten thousand), or twice the gain that you made from the offense (whichever is larger), at least one year in jail (and up to three), or both of these options.
The offender will be required to stand trial for the primary charge for any third or subsequent offenses, at which point they will no longer have the option of participating in deferred prosecution. (Kentucky Revised Statutes Title Annexe Section 218A.1415)
Are carts legal in Kentucky?
The use of Delta 8 THC is not against the law in Kentucky. In line with the legislation passed at the federal level, the state of Kentucky has made all derivatives, cannabinoids, and isomers of hemp, as well as all tetrahydrocannabinols other than Delta 9 THC, lawful.
How old do you have to be to smoke weed in Kentucky?
Laws regarding marijuana, state by state
|State||Type of law||Age restrictions|
|Iowa||limited medical; effective July 1, 2014||none|
|Kansas||limited medical; effective July 1, 2019||none|
|Kentucky||limited medical; effective April 10, 2014||none|
|Louisiana||medical 2||if under age 21, cannot obtain raw or crude marijuana without a physician’s recommendation|
Is weed recreationally legal in Kentucky?
DO YOU HAVE ANY QUESTIONS ABOUT THE LAW IN YOUR STATE? – The rules governing marijuana are undergoing fast evolution throughout all fifty states, which may make things a little bit complicated at times. Legalization, medical usage, recreational use, and everything in between are just some of the topics covered by this interactive map that DISA has created so that users may stay abreast of the constantly evolving legal landscape.
Are you curious about the legislation regarding the use of marijuana in your state? This map of marijuana legalization provides a detailed explanation of the laws that apply in each state and is kept current with the most recent amendments on a monthly basis. It is important to understand and respect the rules that vary across the United States regarding the use of marijuana, and whether you’re a visiting tourist or a resident, the following information will help you steer clear of any misunderstandings or trouble.
It is important to understand and respect the rules that vary across the United States regarding the use of marijuana. As you scroll over each state, you’ll find additional information about the legalization legislation that are specific to that state.
- Drug Testing Overview
- Compliance with the DOT and Transportation
- Testing for Drugs Prior to Employment
- Random Drug Testing
- Calculator for the Cost of Drug Testing
The most recent update was in September of 2022.
- The status of a state reflects the laws that were in effect at the time the information was last updated
- it does not take into account pending legislation or future dates on which marijuana will be available for medical or recreational use. An asterisk (*) will be placed next to the names of the states whose legislation has been approved but has not yet been put into effect.
- It is possible to produce CBD oil with or without the presence of THC. This chart is referring especially to CBD Oil that also contains THC in its composition. In places that are labeled “Fully Illegal,” possessing CBD oil that also contains THC is against the law.
- All “statuses” are subject to state constraints. For example, the maximum amount of THC that may be legally present in CBD oil is 0.5%, while the amount of marijuana that can be legally possessed is one ounce. Please check the legislation of the state.
- As of the first of July, it will be legal in the state of Minnesota to consume, manufacture, distribute, and sell edibles in packages containing up to 50 milligrams of any form of THC as long as it is derived from hemp. Additionally, it will be legal to do all of these things starting on the same day.
Disclaimer: The material presented here is not intended to serve as legal advice or opinion; rather, it is offered solely for educational reasons. The reader is the sole person responsible for the manner in which the material presented here is utilized.
Do Kentucky have weed dispensaries?
How do you go about getting a license to sell medicinal marijuana in the state of Kentucky? Because Kentucky does not currently have a medical marijuana program, you will not be able to get a license to operate a marijuana dispensary for medical purposes in this state.
Is Delta 9 legal in Kentucky?
Kentucky – Delta-9 Hemp is now within the realm of legality in the state of Kentucky, where the definition of “hemp” is identical to that of the Farm Bill. However, there was an effort to outlaw delta-8, various alternative THCs, and any intoxicating product that was manufactured from hemp.
Is Delta 8 legal in Kentucky?
Bluegrass Grass: Products that include synthetically generated Delta-8 THC are frequently advertised in a way that is misleading, and they are currently legal in the state of Kentucky. (Photo by Gene Johnson for the AP)