Drug Crimes Charges in Kentucky

Kentucky grades drug offenses by the substance and by what the Commonwealth says you were doing with it. Simple possession and trafficking are different statutes with very different exposure, and for possession the statute is unusually generous about diversion on a first or second offense.

What the statute carries

Possession of marijuana (KRS 218A.1422)	Class B misdemeanor, incarceration capped at 45 days
Possession, first degree (KRS 218A.1415)	Class D felony, term capped at 3 years

Source: KRS 218A.1415, KRS 218A.1422. Checked 2026-09-20.

Three things people get wrong

Possession of a controlled substance in the first degree caps at three years, not the five a Class D felony normally carries.
A first or second first-degree possession charge may qualify for deferred prosecution or presumptive probation under KRS 218A.14151.
Since 1 July 2024 the marijuana possession statute does not reach a registered medicinal cannabis cardholder acting within KRS Chapter 218B.

Questions people ask about this charge

How Kentucky grades an offense

Grade	Prison or jail	Fine
Class A felony	20 to 50 years, or life	$1,000 to $10,000, or double the gain
Class B felony	10 to 20 years	$1,000 to $10,000, or double the gain
Class C felony	5 to 10 years	$1,000 to $10,000, or double the gain
Class D felony	1 to 5 years	$1,000 to $10,000, or double the gain
Class A misdemeanor	Up to 12 months	Up to $500
Class B misdemeanor	Up to 90 days	Up to $250
Violation	No jail	Up to $250