Under federal law (applicable in all states) it is illegal for a person to knowingly or intentionally possess a controlled substance, unless the substance was obtained through a valid prescription or order from a practitioner, while acting in the course of the practitioner’s professional practice. See 21 U.S.C. §844.

The term controlled substance means a drug or other substance—or an immediate precursor to the drug or other substance—that is included in schedule I, II, III, IV, or V of the relevant portion of the United States Code (statute). See 21 U.S.C. §841.

The term practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted by the United States or the jurisdiction (state) in which he practices or does research to distribute, dispense, conduct related research, administer, or use in teaching or chemical analysis a controlled substance in the course of such professional practice or research. 21 U.S.C. §802(21).

As under federal law, state laws usually classify substances in groups or schedules that determine which substances are included in the definition of controlled substances, and the potential penalties or punishments for possessing them without legal authorization. Criminal charges and penalties for these offenses vary from state to state and are usually located in a state’s statutes—often in the penal or criminal code. Illegal possession of controlled substances may also be prosecuted under federal law. See 21 U.S.C. §844.

Under both federal and Kentucky state law, it is illegal to possess a controlled substance without a valid prescription or order from a licensed practitioner. Controlled substances are classified into schedules I through V, with Schedule I substances being considered the most dangerous with no accepted medical use, and Schedule V substances being the least restricted but still regulated. In Kentucky, the penalties for possession of a controlled substance vary depending on the schedule of the drug and the amount in possession. The Kentucky Revised Statutes (KRS) Chapter 218A outlines the specific regulations and penalties related to controlled substances. Possession of a controlled substance in the first degree, typically involving Schedule I or II drugs, is a Class D felony, while possession in the second or third degree involves less dangerous substances and carries lighter penalties. Additionally, federal law, specifically 21 U.S.C. § 844, allows for federal prosecution of illegal possession of controlled substances, which can result in different or additional penalties compared to state law.