Kentucky Statutes 218A.1421 v2 – Trafficking in marijuana — Penalties. (Effective January 1, 2025)
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(1) A person is guilty of trafficking in marijuana when he or she knowingly and unlawfully traffics in marijuana, and the trafficking is not in compliance with, or otherwise authorized by, KRS Chapter 218B.
(2) Unless authorized by KRS Chapter 218B, trafficking in less than eight (8) ounces of marijuana is:
For details, see § 532.060 and § 532.090
(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony.
(3) Unless authorized by KRS Chapter 218B, trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana is:
(a) For a first offense a Class D felony.
(b) For a second or subsequent offense a Class C felony.
(4) Unless authorized by KRS Chapter 218B, trafficking in five (5) or more pounds of marijuana is:
(a) For a first offense a Class C felony.
(b) For a second or subsequent offense a Class B felony.
(5) Unless authorized by KRS Chapter 218B, the unlawful possession by any person of eight (8) or more ounces of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it.
(6) This section does not apply to:
(a) A cannabis business or a cannabis business agent, as defined in KRS
218B.010, when acting in compliance with KRS Chapter 218B; or
(b) A cardholder, as defined in KRS § 218B.010, whose use of medicinal cannabis is in compliance with KRS Chapter 218B.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 146, sec. 35, effective January 1, 2025. — Created 1992 Ky. Acts ch. 441, sec. 18, effective July 14, 1992.
(2) Unless authorized by KRS Chapter 218B, trafficking in less than eight (8) ounces of marijuana is:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 218A.1421 v2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Marijuana: means all parts of the plant Cannabis sp. See Kentucky Statutes 218A.010
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
- Second or subsequent offense: means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense. See Kentucky Statutes 218A.010
- Transfer: means to dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution. See Kentucky Statutes 218A.010
(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony.
(3) Unless authorized by KRS Chapter 218B, trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana is:
(a) For a first offense a Class D felony.
(b) For a second or subsequent offense a Class C felony.
(4) Unless authorized by KRS Chapter 218B, trafficking in five (5) or more pounds of marijuana is:
(a) For a first offense a Class C felony.
(b) For a second or subsequent offense a Class B felony.
(5) Unless authorized by KRS Chapter 218B, the unlawful possession by any person of eight (8) or more ounces of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it.
(6) This section does not apply to:
(a) A cannabis business or a cannabis business agent, as defined in KRS
218B.010, when acting in compliance with KRS Chapter 218B; or
(b) A cardholder, as defined in KRS § 218B.010, whose use of medicinal cannabis is in compliance with KRS Chapter 218B.
Effective: January 1, 2025
History: Amended 2023 Ky. Acts ch. 146, sec. 35, effective January 1, 2025. — Created 1992 Ky. Acts ch. 441, sec. 18, effective July 14, 1992.