Drug Schedule for Statutorily Punished Drugs

Marijuana Crime

Louisville Criminal Defense Lawyer

Below are Kentucky's five schedules of drugs that are enacted by statute.  If you are a criminal defense attorney you can distinguish the schedule of the drug you are charged with.  Whether it is possession of marijuana, cocaine, heroin or methamphetamine, or a designer drug like MDMA, Molly or likewise, the drug will fall somewhere in the schedules.  Schedule III and IV are the most common in criminal cases.  Sometimes it can be hard to find the schedule of the drug you are charged with.  We can help.  

Drug Crime Attorney

Possession of Drugs Charge intimates a user type relationship as opposed to a trafficking. The law is obviously designed to punish the distibutor as contributing to the end-user's demise. Inevitably, it seems the starting point is to charge everyone with trafficking and make them fight the case down to a possession, or further. There is another reason to do this, too. If charged with trafficking, not possession, the forfeiture laws are enacted and your most valuable nouns start disappearing,  

If you were arrested in Louisville, near Louisville or somewhere close in Jefferson County, Louisville, Kentucky, the case very well may end up in Louisville. The citation will address the county, Jefferson County, or maybe it says Jefferson County, Louisville, or it could be Oldham County, Bullitt County, or many other Kentucky Counties as all these counties share a common border and are densely populated among those lines.  

Items seized for forfeiture will not stay that way if the titles show liens on these items. Or, if the car is legitimate and owned by someone, parents, then it will fail for the non-offender parents. There is no magic amount to have or any certain way to have drugs packaged.  

How a marijuana related case proceeds will depend on the level of the charges. However, all charges, felony or misdemeanor, start in District Court. Ultimately, misdemeanor cases will be tried in District Court. The defendant will be arraigned at which they will enter a plea of “not guilty.” If the drugs were found through a law enforcement violation of the defendant’s constitutional rights then a Motion to Suppress any illegally seized evidence can be filed, but only in the court of jurisdiction. A District Court cannot hear substantive motions regarding a felony drug case because they do not have the jurisdiction for a felony drug charge
Like discussed on the first pages of this website, Evidence Law is the most valuable of all the things you can learn as a Criminal Defense Attorney. If this Motion to Suppress is successful then, depending on the facts of the case, the matter may be dismissed because no evidence can be admitted. If the case is not dismissed or we cannot obtain a favorable resolution, the matter will proceed to a trial. Given that such cases can involve constitutional issues and the complex procedural and evidentiary rules of trial, it is important that you retain an experienced attorney and one that is well versed in Kentucky Evidentiary Rules. 
Share by: