What is considered drug paraphernalia in Kentucky?

March 10, 2019 Off By idswater

What is considered drug paraphernalia in Kentucky?

(1) “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing …

Is possession of drug paraphernalia a felony in KY?

It is illegal in Kentucky to possess or distribute drug paraphernalia or to manufacture or possess paraphernalia with the intent to distribute it. Possession of paraphernalia (subsequent offense) is a felony, punishable by 1-5 years in prison and up to a $10,000 fine.

How do you fight a drug paraphernalia charge?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

What is a Class A misdemeanor in Kentucky?

Class A misdemeanors are considered to be more serious than Class B misdemeanors. They are punishable by up to 12 months in jail and up to $500 in fines. A wide range of crimes are categorized as Class A misdemeanors, including but not limited to the following: Cultivation of less than five marijuana plants.

What is possession in the 1st Degree?

First degree possession charges apply if a person is in possession of 50 or more grams of methamphetamine, 50 or more grams of cocaine, 25 grams or more heroin, hallucinogens, amphetamines or phencyclidine of 500 grams or more or 500 or more dosage units, 50 kilograms of marijuana or 500 or more marijuana plants.

What is the punishment for a Class A misdemeanor in KY?

Class A misdemeanors are considered to be more serious than Class B misdemeanors. They are punishable by up to 12 months in jail and up to $500 in fines.

Do misdemeanors go away in KY?

Misdemeanor: Eligible for expungement after 1-year. There is no filing fee. Felony: Eligible for expungement after 3-years. There is no filing fee.

Which is worse 1st or 2nd degree felony?

Conviction of a first-degree felony (being the most serious) can result in up to $15,000 and/or 30 years in prison. Second-degree felonies can result in up to $10,000 and/or 15 years in prison. Some felonies may incur capital punishment, life in prison or a death sentence. More serious crimes are charged as felonies.

What’s the difference between possession and distribution of drug paraphernalia?

Possession crimes involve the personal use of drug paraphernalia, while possession or distribution charges involve selling or providing paraphernalia to others. Possession of drug paraphernalia is usually charged as misdemeanor offense, though felony charges are possible in some states and in some situations.

Is it against the law to sell drug paraphernalia?

Federal law states it is illegal for any person To sell or offer for sale drug paraphernalia; To use the mail or any other facility of interstate commerce to transport drug paraphernalia; or Import or export drug paraphernalia.

What happens if you get arrested for drug paraphernalia in Alabama?

If you’ve been arrested and charged with possession of drug paraphernalia, you may be tempted to treat the matter lightly. Don’t. The state of Alabama classifies these crimes as a Class A misdemeanor, which could have some dire consequences.

Can a roach clip be considered drug paraphernalia?

Almost anything can be considered drug paraphernalia, but items such as bongs, roach clips, glass pipes, or syringes are commonly associated with the crime. All states have laws that criminalize the sale, use, and possession of drug paraphernalia, though the wording of these laws and how they apply differ.

What makes unlawful possession of drug paraphernalia a felony?

The offense of unlawful possession of drug paraphernalia is a class E felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogues. (L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al.,

What are the exemptions from prosecution in Kentucky?

.133 Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose. .135 Pretrial release of defendant charged with offense for which conviction may result in presumptive probation.

Is it illegal to have drug paraphernalia in MN?

2020 Minnesota Statutes 152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED. (a) It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this section is a petty misdemeanor.

What are the controlled substances laws in Kentucky?

.210 Controlled substances may be possessed only in original container — Penalties. .220 Persons exempt from chapter. .230 Controlled substances — Possession, forfeiture, disposition — Records, inspection.