Drug Crime Lawyer Kentucky
When you are facing drug charges, your future is on the line. Your drug crime lawyer Kentucky law firm with Mashni Law, PLLC will fight for your rights and build a strong defense to challenge the prosecution’s case. With your Kentucky criminal defense attorney available 24/7 when you need us most, you do not have to go through this alone.
Drug Charges You Could Face in Kentucky
If you are facing drug charges, the penalties you could receive depend on the type of offense and the substance involved. Our drug crime lawyers in Lexington, KY with Mashni Law, PLLC defend against charges ranging from possession to large-scale distribution.
Possession of Controlled Substances
Possession of a controlled substance occurs when an individual is found with illegal drugs or prescription medication without authorization. Under KRS § 218A.1415, possession of a Schedule I or II narcotic, such as heroin or methamphetamine, is a Class D felony for a first offense. If you are caught with marijuana or a Schedule III–V substance, the charge is typically a misdemeanor but can escalate with repeat offenses.
First-time possession offenders may qualify for drug diversion programs instead of incarceration. Repeat convictions lead to increased penalties, including mandatory jail time and higher fines. If you are accused of possession with prior drug offenses, prosecutors may push for harsher sentencing.
Drug Trafficking and Distribution
Kentucky law defines drug trafficking as the sale, transfer, or intent to distribute controlled substances. Under KRS § 218A.1412, trafficking in Schedule I or II narcotics is a felony, with penalties increasing based on drug quantity and location of the offense. Selling drugs near a school or to a minor results in enhanced sentencing.
The difference between simple possession and intent to distribute often depends on the evidence found at the scene. Large amounts of cash, packaging materials, or scales may be used to argue that the drugs were meant for sale rather than personal use. Prosecutors rely on these factors to determine whether to charge someone with possession or trafficking.
Possession vs. Intent to Distribute: Key Differences
The difference between possession and intent to distribute depends on the evidence. If you are found with a small amount of drugs and no other indicators of selling, prosecutors will likely charge you with possession. However, if you have large amounts of controlled substances, packaging materials, or cash, they may argue that you intended to sell.
Prosecutors use circumstantial evidence to support distribution charges. Scales, baggies, customer lists, or messages about drug sales can lead to more serious felony charges. A drug crime lawyer near you in Lexington, KY can challenge weak evidence and work to get charges reduced if there is no proof of intent to distribute.
Prescription Drug Crimes
Prescription drug crimes involve the illegal possession, distribution, or acquisition of medication without a valid prescription. Under KRS § 218A.140, possessing someone else’s prescription medication without authorization is a crime, even if you did not intend to sell it. Many prescription drug charges involve opioids, benzodiazepines, or stimulants.
Fraudulent prescriptions and doctor shopping can lead to serious criminal penalties. If you obtain multiple prescriptions from different doctors or forge a prescription, you could be charged with a felony. Law enforcement works closely with pharmacies and medical providers to track suspicious prescription activity.
Manufacturing and Cultivation
Manufacturing or cultivating illegal drugs in Kentucky is a felony offense with severe consequences. Under KRS § 218A.1432, operating a methamphetamine lab or producing synthetic drugs carries lengthy prison sentences. Cultivating five or more marijuana plants is a felony, while growing fewer plants may result in misdemeanor charges.
Both federal and state laws impact drug manufacturing charges. Federal agencies often get involved in large-scale drug operations, leading to federal charges with harsher penalties. If you are accused of manufacturing or cultivating drugs, you may face both state and federal prosecution.
How Kentucky Classifies Controlled Substances
Controlled substances in Kentucky are classified into Schedules based on their potential for abuse and accepted medical use. Our drug crime attorneys in Lexington, KY defend people facing charges involving all drug Schedules. The classification of a substance significantly impacts the severity of the penalties you could receive. These classifications are as follows:
- Schedule I drugs – Substances with no accepted medical use and a high potential for abuse, such as heroin, LSD, and ecstasy.
- Schedule II drugs – Highly addictive drugs with some medical use, including methamphetamine, fentanyl, and oxycodone.
- Schedule III drugs – Substances with moderate potential for abuse, such as ketamine, anabolic steroids, and certain pain medications.
- Schedule IV and V drugs – Medications with lower abuse potential, including Xanax, Valium, and cough syrups containing codeine.
Drug classification plays a critical role in sentencing. Possession of a Schedule I or II drug carries the harshest penalties, while lower Schedules may result in misdemeanor charges. If you are accused of trafficking or manufacturing drugs in a high Schedule, you could face significant prison time.
Kentucky’s Penalties for Drug Convictions
If you are facing drug charges, the penalties you receive depend on the type of drug, the amount involved, and whether you have prior convictions. Some offenses result in misdemeanors, while others lead to felony charges with long-term consequences. Our team defends against these charges and works to minimize the penalties you could face. Some of the top factors that affect drug sentencing include:
- Criminal history – Repeat offenders face harsher penalties and fewer plea options. Prosecutors may push for longer sentences if you have prior drug-related convictions.
- Drug quantity and type – More serious substances and larger amounts lead to higher charges. Courts impose stricter penalties for Schedule I and II drugs, such as heroin, fentanyl, and methamphetamine.
- Presence of weapons – If a firearm is found during an arrest, penalties increase significantly. Even if the weapon was not used, prosecutors may argue that it was intended for protection in drug-related activity.
Misdemeanor vs. Felony Drug Charges
Misdemeanor drug charges usually involve small amounts meant for personal use. Possession of a Schedule III, IV, or V drug is typically a misdemeanor, which can result in fines and jail time. A first-time marijuana possession charge is also a misdemeanor, but repeat offenses lead to more severe penalties.
Felony drug charges apply if you are accused of trafficking, manufacturing, or possessing large amounts of a controlled substance. Trafficking in Schedule I or II drugs carries a prison sentence that increases based on the amount and circumstances. If you have prior convictions, prosecutors may push for enhanced sentencing and limit plea deal options.
Mandatory Minimum Sentences for Drug Crimes
Some drug offenses in Kentucky require mandatory minimum sentences, which means judges have little discretion in sentencing. First-degree trafficking of heroin or fentanyl carries a prison term without eligibility for probation. If your charges involve selling drugs near a school, park, or public housing, the penalties are even higher.
Search and Seizure Laws in Kentucky Drug Cases
Law enforcement must follow strict rules when conducting searches in drug-related cases. If police violate your rights, the evidence they collect may be thrown out. Suppressed evidence can weaken the prosecution’s case or lead to a dismissal.
Police officers usually need a warrant to search you, your home, or your vehicle, but there are exceptions. Under the Fourth Amendment and KRS § 218A.420, officers can search without a warrant if drugs are in plain view, you give consent, or there is probable cause. If you are pulled over and an officer claims to smell marijuana, they may use that as a reason to search your car.
If police search without a valid reason, any evidence they find may not be used in court. If your rights were violated, we can file a motion to suppress the evidence, which could lead to reduced or dismissed charges. Unlawful searches are one of the most common defenses in drug cases.
Federal vs. State Drug Charges in Kentucky
If you are charged with a drug crime, your case could be handled in state or federal court. Federal prosecutors take on cases that involve drug trafficking across state lines, large-scale distribution, or Drug Enforcement Administration (DEA) investigations. If you are accused of possessing large amounts of drugs, federal agencies may take over the case.
Federal sentencing, in most cases, is harsher than state penalties. Federal drug charges carry mandatory minimum sentences, with little opportunity for parole or probation. State courts may allow plea deals, probation, expungement, or alternative sentencing, but federal cases often result in longer prison terms. Your drug crime lawyer in Lexington, KY can determine whether your case is likely to remain in state court or escalate to federal prosecution.
Drug-Free Zones and How They Impact Charges
Kentucky enforces strict drug-free zone laws that increase penalties for drug offenses committed in protected areas. If you are arrested for possessing, selling, or manufacturing drugs within these zones, the prosecution may seek enhanced sentencing. Drug crimes near schools, playgrounds, and public housing can result in harsher penalties than the same offense elsewhere.
Drug-free zones include locations where children and families are commonly present. Schools, public parks, daycare centers, and libraries fall under these laws, extending to a 1,000-foot perimeter around each area. If a prosecutor argues that a drug offense took place within this boundary, you may face longer prison sentences, higher fines, and fewer sentencing alternatives.
Defenses Against Drug Crime Charges in Kentucky
If you are accused of a drug crime, the prosecution must prove every element of the charge beyond a reasonable doubt. A strong defense strategy can challenge the evidence, procedural errors, or constitutional violations. If law enforcement conducted an illegal search or failed to prove intent, the case against you may not stand.
Challenging the Legality of the Stop and Search
A drug charge often begins with a traffic stop, home search, or police encounter. If law enforcement did not have a legal reason to stop you, any evidence they collected may be inadmissible. Under the Fourth Amendment, police must have probable cause, a valid warrant, or your consent to conduct a search.
If officers lacked probable cause or exceeded their authority, a judge may suppress the evidence. Illegal searches, coerced consent, or warrant violations can weaken the prosecution’s case and lead to a dismissal. We can challenge whether police followed proper procedures during the stop and search.
Arguing Evidence Suppression
Evidence suppression is one of the strongest defenses in drug cases. If law enforcement obtained evidence illegally, the prosecution cannot use this evidence against you. This can make it difficult for the state to move forward with charges.
Common search and seizure violations include warrantless searches, unlawful traffic stops, and coerced confessions. If the police ignored legal procedures, we may be able to get key evidence thrown out. When the prosecution loses its strongest evidence, they may be forced to reduce or drop the charges.
Proving Lack of Knowledge or Possession
The prosecution must prove that you knowingly possessed a controlled substance. If you were unaware of the drug’s presence, you may have a valid defense. If law enforcement finds drugs in a shared space, vehicle, or borrowed property, prosecutors may struggle to prove that they belonged to you.
Mistaken identity and constructive possession cases often arise in drug-related arrests. If drugs are found in a car you do not own or a home with multiple occupants, prosecutors must show that you had control over the substance. A lack of direct evidence may make it difficult for them to secure a conviction.
Kentucky Law on First-Time Drug Offender Diversion Programs
Kentucky offers diversion programs for first-time drug offenders to avoid a conviction. If you qualify, you may be able to complete drug treatment, probation, or community service instead of serving jail time. Successful completion of these programs can lead to dropped charges or an expunged record.
Eligibility for diversion depends on the severity of the offense. Non-violent drug possession cases are more likely to qualify, while trafficking or manufacturing charges may not be eligible. The court will consider factors such as prior arrests, drug dependency, and willingness to participate in treatment when determining eligibility.
Take Action with a Drug Crime Lawyer Kentucky Law Firm
A drug conviction can lead to severe penalties, but the right defense strategy can make all the difference. Your drug crime lawyer Kentucky law firm from Mashni Law, PLLC will examine every detail of your case and fight for the best possible outcome. Contact us today to discuss your legal options in a free, no-obligation consultation.