Ky. Rev. Stat. » Chapter 218A
Kentucky Revised Statutes

Ky. Rev. Stat. § 218A.1415 (2026)

Possession of controlled substance in first degree -- Penalties

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

(a) A controlled substance that is classified in Schedules I or II and is a narcotic drug;

(b) A controlled substance analogue;

(c) Methamphetamine;

(d) Lysergic acid diethylamide;

(e) Phencyclidine;

(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or

(g) Flunitrazepam, including its salts, isomers, and salts of isomers.

(2) Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions:

(a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;

(b) For a person's first or second offense under this section, he or she may be subject to a period of:

1. Deferred prosecution pursuant to KRS 218A.14151; or

2. Presumptive probation;

(c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and

(d) If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS 218A.010. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 12, effective June 8, 2011. -- Amended 2002 Ky. Acts ch. 259, sec. 2, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 606, sec. 65, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 441, sec. 15, effective July 14, 1992.

Notes of Decisions
Cited in 99 cases (39 in the last 5 years), 1996–2026 · leading case: Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003).
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Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). · cites it 4× “1432(l)(a) and KRS 218A.1415 (1), has three principal elements.”
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003). · cites it 3× “Obviously, the 2000 General Assembly recognized the similarities of the statutes and purposely subsumed KRS 218A.”
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). · cites it 4× “" (The indictment did not charge Appellant with the offense of possession of a controlled substance in the first degree, KRS 218A.1415, and the trial judge did not instruct the jury on the alternative theory of actually manufacturing methamphetamine under KRS 218A.”
King v. Commonwealth, 374 S.W.3d 281 (Ky. 2012). · cites it 5× “Retroactive Application of KRS 218A.1415 *296 Appellant argues that he should be permitted to invoke the as-amended penalty for first-degree possession of a controlled substance.”
Rowan Cnty. v. Sloas, 201 S.W.3d 469 (Ky. 2006). · cites it 2× “010, and possession of a controlled substance in the first degree, KRS 218A.1415, both Class D felonies. He was released four months later on April 28, 1998.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). · cites it 4× “§ 110(2)(b), contending that (1) Count I of the indictment charging manufacturing methamphetamine was fatally defective; (2) the Commonwealth was improperly permitted to amend Count I of the indictment on the morning of trial; (3) he was not permitted to voir dire prospective…”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). · cites it 4× “1432(1)(b) (possession of the chemicals and equipment), and because Appellant was not charged with mere possession of methamphetamine, KRS 218A.1415(1), this issue affects only his convictions of possession of anhydrous ammonia in an unapproved container for the purpose of…”
Houston v. Commonwealth, 975 S.W.2d 925 (Ky. 1998). · cites it 2× “1412; KRS 218A.1415. The offense of criminal facilitation requires proof that someone other than the defendant committed the object offense and the defendant, knowing that such person was committing or intended to commit that offense, provided that person with the means or…”
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). · cites it 12× “KRS 218A.1415 states: (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug; (b) A controlled substance…”
Adkins v. Commonwealth, 96 S.W.3d 779 (Ky. 2003). “They found cocaine and drug paraphernalia in the room and subsequently charged both Appellant and Cau-dill with possession of a controlled substance in the first degree, KRS 218A.1415, and possession of drug paraphernalia, KRS 218A.”
Commonwealth v. Gamble, 453 S.W.3d 716 (Ky. 2015). · cites it 5× “1414 and KRS 218A.1415, the statutes proscribing third-degree trafficking in a controlled substance and first-degree possession of a controlled substance, respectively.”
Cantrell v. Commonwealth, 288 S.W.3d 291 (Ky. 2009). · cites it 2× “KRS 218A.1415, KRS 502.020 3 . KRS 218A.500, KRS 502.”
Show all 99 citing cases →
Ky. Rev. Stat. § 218A.1415(1): 13 cases
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). “1432(l)(a) and KRS 218A.1415 (1), has three principal elements.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “1432(1)(b) (possession of the chemicals and equipment), and because Appellant was not charged with mere possession of methamphetamine, KRS 218A.1415(1), this issue affects only his convictions of possession of anhydrous ammonia in an unapproved container for the purpose of…”
Stewart v. Commonwealth, 306 S.W.3d 502 (Ky. 2010).
Johnson v. Commonwealth, 134 S.W.3d 563 (Ky. 2004).
Cantrell v. Commonwealth, 288 S.W.3d 291 (Ky. 2009). “KRS 218A.1415, KRS 502.020 3 . KRS 218A.500, KRS 502.”
Ky. Rev. Stat. § 218A.1415(1)(a): 1 case
Lesley Ryan Cornett v. Commonwealth of Kentucky, 739 S.W.3d 488 (Ky. 2026).
Ky. Rev. Stat. § 218A.1415(1)(c): 7 cases
Lesley Ryan Cornett v. Commonwealth of Kentucky, 739 S.W.3d 488 (Ky. 2026).
Michael Gardner v. Commonwealth of Kentucky, No. 2020 CA 000289 (Ky. Ct. App. Jan. 21, 2021).
Michael Gardner v. Commonwealth of Kentucky, No. 2020 CA 000289 (Ky. Ct. App. Mar. 11, 2021).
Eladio Castaneda v. Commonwealth of Kentucky, No. 2020 CA 001025 (Ky. Ct. App. Sept. 23, 2021).
Harold Baker v. Commonwealth of Kentucky, No. 2021 CA 001147 (Ky. Ct. App. Sept. 29, 2022).
Ky. Rev. Stat. § 218A.1415(1)(d): 1 case
Lesley Ryan Cornett v. Commonwealth of Kentucky, 739 S.W.3d 488 (Ky. 2026).
Ky. Rev. Stat. § 218A.1415(2): 4 cases
Dixon v. Commonwealth, 149 S.W.3d 426 (Ky. 2004).
Commonwealth of Kentucky v. Russell T. Amboree, 730 S.W.3d 887 (Ky. 2026).
Dedrick A. Jackson v. Commonwealth of Kentucky, No. 2014 SC 000506 (Ky. June 3, 2016).
Raymond Weatherly v. Commonwealth of Kentucky, No. 2021 CA 000160 (Ky. Ct. App. Jan. 26, 2023).
Ky. Rev. Stat. § 218A.1415(2)(a): 4 cases
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). “§ 110(2)(b), contending that (1) Count I of the indictment charging manufacturing methamphetamine was fatally defective; (2) the Commonwealth was improperly permitted to amend Count I of the indictment on the morning of trial; (3) he was not permitted to voir dire prospective…”
Commonwealth of Kentucky v. Russell T. Amboree, 730 S.W.3d 887 (Ky. 2026).
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). “KRS 218A.1415 states: (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug; (b) A controlled substance…”
Russell Roberts v. Commonwealth of Kentucky, No. 2024-CA-1550 (Ky. Ct. App. Jan. 23, 2026).
Ky. Rev. Stat. § 218A.1415(2)(b): 5 cases
Rogers v. Commonwealth, 366 S.W.3d 446 (Ky. 2012).
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). “KRS 218A.1415 states: (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug; (b) A controlled substance…”
William Craig Burgie v. Commonwealth of Kentucky, No. 2023 CA 000018 (Ky. Ct. App. Jan. 11, 2024).
Commonwealth of Kentucky v. Russell T. Amboree, 730 S.W.3d 887 (Ky. 2026).
United States v. Crace, No. 99-5364 (6th Cir. Mar. 29, 2000).
Ky. Rev. Stat. § 218A.1415(2)(c): 1 case
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). “KRS 218A.1415 states: (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug; (b) A controlled substance…”
Ky. Rev. Stat. § 218A.1415(2)(d): 3 cases
Jones v. Commonwealth, 413 S.W.3d 306 (Ky. Ct. App. 2012). “KRS 218A.1415 states: (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug; (b) A controlled substance…”
Lawrence Carter v. Commonwealth of Kentucky, No. 2019 CA 001257 (Ky. Ct. App. Sept. 17, 2020).
Jason Spears v. Commonwealth of Kentucky, 710 S.W.3d 488 (Ky. Ct. App. 2025).
Ky. Rev. Stat. § 218A.1415(a)(c): 1 case
Clarence Cofield v. Commonwealth of Kentucky, No. 2023 CA 000112 (Ky. Ct. App. Feb. 8, 2024).
Ky. Rev. Stat. § 218A.1415(c): 1 case
Antonio Deshon Love v. Commonwealth of Kentucky, No. 2023-SC-0110 (Ky. June 13, 2024).
Ky. Rev. Stat. § 218A.1415(d): 1 case
Lesley Ryan Cornett v. Commonwealth of Kentucky, 739 S.W.3d 488 (Ky. 2026).
Ky. Rev. Stat. § 218A.1415(l)(c): 2 cases
Michael Joseph James v. Commonwealth of Kentucky, No. 2018-SC-0066 (Ky. Oct. 31, 2019).
Commonwealth of Kentucky v. Michael Joseph James, 586 S.W.3d 717 (Ky. 2019).
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