controlled substance violation in Kentucky

2019KRS 218A.1415(l)(c) provides that “a person is guilty of possession of a controlled substance in the first degree when he or she knowingly or unlawfully possesses . . . [m]ethamphetamine[.]” Similarly, KRS 218A.500(l) and (2) make it unlawful for any person to possess with intent to use drug paraphernalia, which is defined in part to mean “all equipment, products and materials of any kind which are used, intended for use, or designed for use in . . . inhaling, or 1 816 S.W.2d 186, 187 (Ky. 1991). 2 Id. (citing Commonwealth v. Sawhill, 660 S.W.2d 3, 5 (Ky. 1983)). 3 Id. (citing Sawhill, 660 S.W

2019KRS 218A.1415(l)(c) provides that “a person is guilty of possession of a controlled substance in the first degree when he or she knowingly or unlawfully possesses . . . [m]ethamphetamine[.]” Similarly, KRS 218A.500(l) and (2) make it unlawful for any person to possess with intent to use drug paraphernalia, which is defined in part to mean “all equipment, products and materials of any kind which are used, intended for use, or designed for use in . . . inhaling, or 1 816 S.W.2d 186, 187 (Ky. 1991). 2 Id. (citing Commonwealth v. Sawhill, 660 S.W.2d 3, 5 (Ky. 1983)). 3 Id. (citing Sawhill, 660 S.W

2019KRS 218A.1415(l)(c) provides that “a person is guilty of possession of a controlled substance in the first degree when he or she knowingly or unlawfully possesses . . . [m]ethamphetamine[.]” Similarly, KRS 218A.500(l) and (2) make it unlawful for any person to possess with intent to use drug paraphernalia, which is defined in part to mean “all equipment, products and materials of any kind which are used, intended for use, or designed for use in . . . inhaling, or 1 816 S.W.2d 186, 187 (Ky. 1991). 2 Id. (citing Commonwealth v. Sawhill, 660 S.W.2d 3, 5 (Ky. 1983)). 3 Id. (citing Sawhill, 660 S.W

2019KRS 218A.1415(l)(c) provides that “a person is guilty of possession of a controlled substance in the first degree when he or she knowingly or unlawfully possesses . . . [m]ethamphetamine[.]” Similarly, KRS 218A.500(l) and (2) make it unlawful for any person to possess with intent to use drug paraphernalia, which is defined in part to mean “all equipment, products and materials of any kind which are used, intended for use, or designed for use in . . . inhaling, or 1 816 S.W.2d 186, 187 (Ky. 1991). 2 Id. (citing Commonwealth v. Sawhill, 660 S.W.2d 3, 5 (Ky. 1983)). 3 Id. (citing Sawhill, 660 S.W

2025As to -4- the first-degree trafficking and possession of drug paraphernalia charges, KRS4 218A.1415(1)(c) provides that “[a] person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses . . . [m]ethamphetamine[.]” Similarly, KRS 218A.500(1) and (2) make it unlawful for any person to possess with intent to use drug paraphernalia, which is defined in part to mean “all equipment, products and materials of any kind which are used, intended for use, or designed for use in . . . inhaling, or otherwise introducing into the human body a

2025Additionally, “‘possession’ for purposes of KRS Chapter 218A includes both actual and constructive possession.” Id. (citations omitted).

2021In Osborne, we began by noting that KRS 218A.410(1)(j) permits forfeiture of “[e]verything of value furnished . . . in exchange for a controlled substance in violation of this chapter, all proceeds . . . traceable to the exchange, and all moneys ... used, or intended to be used to facilitate any violation of this 2 See also Brewer v. Commonwealth, 206 S.W.3d 313, 327 (Ky. 2006); Hill v. Commonwealth, 308 S.W.3d 227 (Ky. App. 2010); Cf. Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004) (finding family court’s determination that marital property presumption was successfully rebutted was not clearly er