Defending Drug Charges in Kentucky
Kentucky's New Drug Laws
On June 8, 2011, the Kentucky Legislature's drug bill, H.B. 463, became law. This new law radically changes most drug crimes and their penalties in Kentucky. Under Kentucky's Criminal Code, the sentences are reduced for various drug offenses, especially ones involving controlled substances. In addition, for misdemeanor offenses, the officer will cite you to court instead of arresting you.
Police Arrest Powers Are Limited Under KRS § 431.015
As part of Kentucky's new drug law, the arrest powers of state law enforcement personnel will be reduced regarding misdemeanor arrests. The law requires that: "A peace officer shall issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time."
Major Changes in Kentucky's Drug Laws
What follows is a list of the major changes in how Kentucky treats drug offenses:
Possession of marijuana is reduced from a Class A misdemeanor with a possible penalty of 12 months in jail to a Class B misdemeanor and a maximum penalty of 45 days in jail;
Trafficking in a controlled substance in or near a school has been changed from 1000 yards to 1000 feet, which is a now a Class D felony (1 to 5 years in prison);
Under KRS § 218A.1412, trafficking in a controlled substance 1st Degree is triggered by possessing either four grams of cocaine, two grams of heroin or methamphetamine, 10 dosage units of a Schedule I or II narcotic. Trafficking is a Class C felony (5 to 10 years in prison) in these amounts. Lesser amounts of the above substances are a Class D felony (1 to 5 years in prison);
A new deferred prosecution option is available for some first and second offenses for felony possession of a controlled substance; and
For possession of controlled substance offenses, probation is presumed instead of incarceration.
Note, this list does not list all the changes to Kentucky's Criminal Code. And while many drug penalties have been reduced, if you're caught possessing a large amount of a controlled substance, which is consistent with trafficking, you will be charged with felony trafficking.
Misdemeanor Citation Exceptions
While most misdemeanors will result in citations by the police, there are seven exceptions where the police can arrest and take you into custody:
Assault and related offenses;
Sexual offenses;
Offenses related to firearms and weapons;
Driving under the influence (DUI);
An offense where the defendant poses a risk of danger to himself or others;
An offense where you refuse to follow the officer's the reasonable instructions;
A violation of a protective order.
