Legal Question in Criminal Law in Kentucky

Third-degree possession of a controlled substance

I just saw that my neighbor was in the paper for Third-degree possession of a controlled substance-- What exactly could this be for? How would they determine that charge? Is it based on amount or drug or what?


Asked on 12/20/03, 4:51 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Third-degree possession of a controlled substance

Third degree possession is covered in KRS 218A.1470 and is the possession of a schedule IV or V substance. This is usually a low grade perscription pain killer for example codine. You can have it if you have a perscription. It carries a fine of up to $500, jail time of up to 12 months or both. Usually a fine or a limited amount of jail time unless other factors are involved. You can be guilty of this if someone gives you a perscription painkiller for your toothache or backache. Then you get pulled over for speeding, and searched and jailed.

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Answered on 12/20/03, 9:46 am


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