Kentucky Statutes 218A.1401 – Selling controlled substances other than salvia to minor — Penalties
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(1) A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than salvia to any person under eighteen (18) years of age.
(2) Selling controlled substances to a minor is a Class C felony for a first offense, and a Class B felony for each subsequent offense, unless a more severe penalty for trafficking in controlled substances is applicable, in which case the higher penalty shall apply.
For details, see § 532.060
Effective:April 27, 2016
History: Amended 2016 Ky. Acts ch. 135, sec. 10, effective April 27, 2016. — Amended 2012 Ky. Acts ch. 108, sec. 6, effective April 11, 2012. — Amended
2011 Ky. Acts ch. 45, sec. 6, effective March 16, 2011. — Amended 2010 Ky. Acts ch. 149, sec. 7, effective April 13, 2010; and ch. 160, sec. 7, effective April
26, 2010. — Created 1992 Ky. Acts ch. 441, sec. 21, effective July 14, 1992.
(2) Selling controlled substances to a minor is a Class C felony for a first offense, and a Class B felony for each subsequent offense, unless a more severe penalty for trafficking in controlled substances is applicable, in which case the higher penalty shall apply.
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 |
Terms Used In Kentucky Statutes 218A.1401
- 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
- Salvia: means Salvia divinorum or Salvinorin A and includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, derivative, mixture, or preparation of that plant, its seeds, or its extracts, including salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the specific chemical designation of that plant, its seeds, or extracts. See Kentucky Statutes 218A.010
Effective:April 27, 2016
History: Amended 2016 Ky. Acts ch. 135, sec. 10, effective April 27, 2016. — Amended 2012 Ky. Acts ch. 108, sec. 6, effective April 11, 2012. — Amended
2011 Ky. Acts ch. 45, sec. 6, effective March 16, 2011. — Amended 2010 Ky. Acts ch. 149, sec. 7, effective April 13, 2010; and ch. 160, sec. 7, effective April
26, 2010. — Created 1992 Ky. Acts ch. 441, sec. 21, effective July 14, 1992.