Kentucky Statutes 218A.1410 – Importing heroin, carfentanil, fentanyl, or fentanyl derivatives
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(1) A person is guilty of importing heroin, carfentanil, fentanyl, or fentanyl derivatives when he or she knowingly and unlawfully transports any quantity of heroin, carfentanil, fentanyl, or fentanyl derivatives into the Commonwealth by any means with the intent to sell or distribute the heroin, carfentanil, fentanyl, or fentanyl derivatives.
(2) The provisions of this section are intended to be a separate offense from others in this chapter, and shall be punished in addition to violations of this chapter occurring during the same course of conduct.
For details, see § 532.060
(3) (a) Importing heroin is a Class C felony, and the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least fifty percent (50%) of the sentence imposed.
(b) Importing carfentanil, fentanyl, or fentanyl derivatives is a Class C felony, and the defendant:
1. Shall not be eligible for pretrial diversion; and
2. Shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 130, sec. 1, effective July 14, 2022. — Amended
2017 Ky. Acts ch. 168, sec. 4, effective June 29, 2017. — Created 2015 Ky. Acts ch.
66, sec. 13, effective March 25, 2015.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 130, sec. 3,
provides that the Act, which amended this statute, shall be known as Dalton’s Law.
(2) The provisions of this section are intended to be a separate offense from others in this chapter, and shall be punished in addition to violations of this chapter occurring during the same course of conduct.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 218A.1410
- Carfentanil: means any substance containing any quantity of carfentanil, or any of its salts, isomers, or salts of isomers. See Kentucky Statutes 218A.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See Kentucky Statutes 218A.010
- Fentanyl: means a substance containing any quantity of fentanyl, or any of its salts, isomers, or salts of isomers. See Kentucky Statutes 218A.010
- Heroin: means a substance containing any quantity of heroin, or any of its salts, isomers, or salts of isomers. 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(3) (a) Importing heroin is a Class C felony, and the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least fifty percent (50%) of the sentence imposed.
(b) Importing carfentanil, fentanyl, or fentanyl derivatives is a Class C felony, and the defendant:
1. Shall not be eligible for pretrial diversion; and
2. Shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 130, sec. 1, effective July 14, 2022. — Amended
2017 Ky. Acts ch. 168, sec. 4, effective June 29, 2017. — Created 2015 Ky. Acts ch.
66, sec. 13, effective March 25, 2015.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 130, sec. 3,
provides that the Act, which amended this statute, shall be known as Dalton’s Law.