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

Ky. Rev. Stat. § 218A.1416 (2026)

Possession of controlled substance in second degree -- Penalties

✓ current as of May 2026
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(1) A person is guilty of possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses: a controlled substance classified in Schedules I or II which is not a narcotic drug; or specified in KRS 218A.1415; or a controlled substance classified in Schedule III; but not synthetic drugs, salvia, or marijuana.

(2) Possession of a controlled substance in the second degree is a Class A misdemeanor. Effective: April 11, 2012 History: Amended 2012 Ky. Acts ch. 108, sec. 10, effective April 11, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 13, effective June 8, 2011; and ch. 45, sec. 10, effective March 16, 2011. -- Amended 2010 Ky. Acts ch. 149, sec. 11, effective April 13, 2010; and ch. 160, sec. 11, effective April 26, 2010. -- Amended 1998 Ky. Acts ch. 606, sec. 66, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 441, sec. 16, effective July 14, 1992.

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1998–2026 · leading case: Commonwealth v. Harrelson, 14 S.W.3d 541 (Ky. 2000).
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Commonwealth v. Harrelson, 14 S.W.3d 541 (Ky. 2000). · cites it 2× “Compare KRS 218A.1416 and KRS 218A.275 with KRS 218A.”
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002). · cites it 2× “1414; KRS 218A.1416; 218A.1417; 218A.1423(3). [19] KRS 532.”
Jody Cain v. Joe Irvin, 286 F. App'x 920 (6th Cir. 2008). “210, possession of controlled substances outside of their prescription container, as well as for possession of Schedule III and Schedule IV controlled substances, in -violation of Ky. Rev. Stat. §§ 218A.1416 and 218A.1417.”
Lindsey v. Commonwealth, 306 S.W.3d 522 (Ky. Ct. App. 2009). “KRS 218A.1416, a Class A misdemeanor. 5 .”
Lesley Ryan Cornett v. Commonwealth of Kentucky (Ky. 2026). · cites it 10× “KRS 218A.1416. 3 shaped differently. Additionally, sublingual films like Suboxone are easy to tear, but the strip she tested was not.”
Warren v. Commonwealth, 981 S.W.2d 134 (Ky. Ct. App. 1998). “On July 14, 1995, Warren entered a guilty plea to an amended misdemeanor offense of Second-Degree Possession of a Controlled Substance, KRS 218A.1416, pursuant to a plea agreement with the Commonwealth, in which the Commonwealth agreed to recommend a sentence of twelve (12)…”
Commonwealth v. Bowles, 107 S.W.3d 912 (Ky. Ct. App. 2003). · cites it 6× “275(9) because the statute references only misdemeanor convictions pursuant to KRS 218A.1416 and KRS 218A.1417. Bowles filed a motion to reconsider pursuant to CR 52.”
Maurice Gasaway v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “1415), Possession of a Controlled Substance, Second Degree, Schedule I Non-Narcotic, Ecstasy (KRS 218A.1416), and Possession of Marijuana (KRS 218A.”
James Clayton Bailey v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “010) and possession of a controlled substance in the second degree (KRS 218A.1416). The matter proceeded to a bench trial on December 11, 2019.”
Adam England v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “5 KRS 218A.1416(1), a Class A misdemeanor. 6 KRS 218A.”
— Ky. Rev. Stat. § 218A.1416(1) — 2 cases
Lesley Ryan Cornett v. Commonwealth of Kentucky (Ky. 2026). “KRS 218A.1416. 3 shaped differently. Additionally, sublingual films like Suboxone are easy to tear, but the strip she tested was not.”
Adam England v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “5 KRS 218A.1416(1), a Class A misdemeanor. 6 KRS 218A.”
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