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

Ky. Rev. Stat. § 218A.1417 (2026)

Possession of controlled substance in third degree -- Penalties

✓ current as of May 2026
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(1) A person is guilty of possession of a controlled substance in the third degree when he or she knowingly and unlawfully possesses a controlled substance classified in Schedules IV or V. (2) Possession of a controlled substance in the third degree is a Class A misdemeanor. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 14, effective June 8, 2011. -- Created 1992 Ky. Acts ch. 441, sec. 17, effective July 14, 1992.

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2003–2026 · leading case: Commonwealth v. Adkins, 331 S.W.3d 260 (Ky. 2011).
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Commonwealth v. Adkins, 331 S.W.3d 260 (Ky. 2011). · cites it 2× “1412 — KRS 218A.1417. We agree with Adkins, therefore, that these statutes implicitly recognize an innocent possession or innocent trafficking defense, and whenever the evidence reasonably supports such a defense—where there is evidence that the possession was incidental and…”
Perkins v. Commonwealth, 237 S.W.3d 215 (Ky. Ct. App. 2007). “500(2); one count of third-degree possession of a controlled substance, a Class A misdemeanor pursuant to KRS 218A.1417; and one count of possession of marijuana, a Class A misdemeanor pursuant to KRS 218A.”
Kentucky Bar Ass'n v. Pulliam, 190 S.W.3d 925 (Ky. 2006). “Possession of controlled substance in the third degree (KRS 218A.1417); 2. Possession of controlled substances not in original container (KRS 218A.”
Lesley Ryan Cornett v. Commonwealth of Kentucky (Ky. 2026). · cites it 7× “1416, and KRS 218A.1417—each of which require that a person “knowingly and unlawfully” possess a controlled substance.”
Commonwealth v. Bowles, 107 S.W.3d 912 (Ky. Ct. App. 2003). · cites it 5× “1416 and KRS 218A.1417. Bowles filed a motion to reconsider pursuant to CR 52.”
Dedrick A. Jackson v. Commonwealth of Kentucky (Ky. 2016). “The only misdemeanor offense charged under the indictment, third-degree trafficking in a controlled substance (alprazolarn), see KRS 218A.1417(2); had already been dismissed on the Commonwealth's motion as noted above.”
James K. Burchfield v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “095; (3) possession of a controlled substance in the third degree, in violation of KRS 218A.1417; and (4) operating a vehicle under the influence of alcohol or drugs, in violation of KRS 189A.”
Dustin Fyffe v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “2 KRS 218A.1417, a Class A misdemeanor. 3 KRS 218A.”
Shauntez Washington v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “3 KRS 218A.1417. 4 Officer Mascoe was the only person who testified at the hearing.”
Commonwealth of Kentucky v. Leaston Beasley (Ky. Ct. App. 2024). “500(2), and KRS 218A.1417. -3- The court suppressed the introduction of the syringe, clear plastic bag, small black bag, and illegal drugs, and this appeal followed.”
— Ky. Rev. Stat. § 218A.1417(1) — 1 case
Lesley Ryan Cornett v. Commonwealth of Kentucky (Ky. 2026). “1416, and KRS 218A.1417—each of which require that a person “knowingly and unlawfully” possess a controlled substance.”
— Ky. Rev. Stat. § 218A.1417(2) — 1 case
Dedrick A. Jackson v. Commonwealth of Kentucky (Ky. 2016). “The only misdemeanor offense charged under the indictment, third-degree trafficking in a controlled substance (alprazolarn), see KRS 218A.1417(2); had already been dismissed on the Commonwealth's motion as noted above.”
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