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In the state of kentucky if you get caught with 3 narcotic pills can it be a felony and how?

Frankfort, KY |

he was caught with 3 narcotic pills in a unproper container, and im wanting to know how can it be a felony? is it true that in the state of kentucky if you get caught with 10 or more narcotic its a felony?

Attorney Answers 1

Posted

Depending on the drug (Schedule I -5) a pill can be classified as a felony or a misdemeanor. Pills in improper cotainer is a separate crime in KY: the 2 statutes are shown below:

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§ 218A.1412. Trafficking in controlled substance in first degree - Penalties.

Kentucky Statutes

Title 18. PUBLIC HEALTH

Chapter 218A. CONTROLLED SUBSTANCES

Current through Chapter 106, Regular Session 2011


§ 218A.1412. Trafficking in controlled substance in first degree - Penalties

(1) A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in:

(a) Four (4) grams or more of cocaine;

(b) Two (2) grams or more of heroin or methamphetamine;

(c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue;

(d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; or

(e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of this subsection in an amount less than the amounts specified in those paragraphs.

(2) The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to exceed ninety (90) days that cumulatively result in the quantities specified in this section.

(3) (a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of this section shall be guilty of a Class C felony for the first offense and a Class B felony for a second or subsequent offense.

(b) Any person who violates the provisions of subsection (1)(e) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second offense or subsequent offense.

History. Amended by 2011 Ky. Acts ch. 2, §9, eff. 6/8/2011.

Effective: July 15, 2002
Amended 2002 Ky. Acts ch. 259, §1 , effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 169, §1 , effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, §63 , effective July 15, 1998.
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§ 218A.210. Controlled substances may be possessed only in original container - Penalties.

Kentucky Statutes

Title 18. PUBLIC HEALTH

Chapter 218A. CONTROLLED SUBSTANCES

Current through Chapter 106, Regular Session 2011


§ 218A.210. Controlled substances may be possessed only in original container - Penalties

(1) A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed, by a practitioner or other person authorized under this chapter, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.

(2) Violation of subsection (1) of this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses.

History. Effective: July 14, 1992
Amended 1992 Ky. Acts ch. 441, §6 , effective July 14, 1992. -- Created 1972 Ky. Acts ch. 226, §22

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I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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