Kentucky Statutes 218A.1414 – Trafficking in controlled substance in third degree — Penalties
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(1) A person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in:
(a) Twenty (20) or more dosage units of a controlled substance classified in
For details, see § 532.060 and § 532.090
Schedules IV or V; or
(b) Any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amount specified in that paragraph.
(2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of:
1. A Class A misdemeanor for a first offense involving one hundred twenty
(120) or fewer dosage units;
2. A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and
3. A Class D felony for a second or subsequent offense.
(b) Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of:
1. A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and
2. A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.
Effective: March 25, 2015
History: Amended 2015 Ky. Acts ch. 66, sec. 16, effective March 25, 2015. — Amended 2011 Ky. Acts ch. 2, sec. 11, effective June 8, 2011. — Created 1992 Ky. Acts ch. 441, sec. 14, effective July 14, 1992.
(a) Twenty (20) or more dosage units of a controlled substance classified in
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| 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.1414
- 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.
- 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
Schedules IV or V; or
(b) Any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amount specified in that paragraph.
(2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of:
1. A Class A misdemeanor for a first offense involving one hundred twenty
(120) or fewer dosage units;
2. A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and
3. A Class D felony for a second or subsequent offense.
(b) Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of:
1. A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and
2. A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.
Effective: March 25, 2015
History: Amended 2015 Ky. Acts ch. 66, sec. 16, effective March 25, 2015. — Amended 2011 Ky. Acts ch. 2, sec. 11, effective June 8, 2011. — Created 1992 Ky. Acts ch. 441, sec. 14, effective July 14, 1992.