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218A.1416 Possession of controlled substance in second degree -- Penalties.

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218A.1416 Possession of controlled substance in second degree -- Penalties. (1) A person is guilty of possession of a controlled substance in the second degree when he knowingly and unlawfully possesses: a controlled substance classified in <br>Schedules I or II which is not a narcotic drug; or specified in KRS 218A.1415; or, a <br>controlled substance classified in Schedule III; but not lysergic acid diethylamide, <br>phencyclidine, synthetic cannabinoid agonists or piperazines, salvia, or marijuana. (2) Possession of a controlled substance in the second degree is: (a) For a first offense a Class A misdemeanor. <br>(b) For a second or subsequent offense a Class D felony. Effective: April 26, 2010 <br>History: 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, <br>sec. 66, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 441, sec. 16, effective <br>July 14, 1992. Legislative Research Commission Note (4/26/2010). This section was amended by 2010 Ky. Acts chs. 149 and 160, which do not appear to be in conflict and have been <br>codified together.