(1) A person is guilty of trafficking in a misrepresented controlled substance when he or she knowingly and unlawfully sells or distributes any Schedule I controlled substance, carfentanil, or fentanyl while misrepresenting the identity of the Schedule I controlled substance, carfentanil, or fentanyl being sold or distributed as a legitimate pharmaceutical product.
(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:
ClassPrisonFine
Class D felonybetween 1 and 5 yearsbetween $1,000 and $10,000
For details, see § 532.060
criminal case

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Terms Used In Kentucky Statutes 218A.14141

  • Carfentanil: means any substance containing any quantity of carfentanil, or any of its salts, isomers, or salts of isomers. 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
  • 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

(3) Trafficking in a misrepresented controlled substance is a Class D felony.
Effective:June 29, 2017
History: Created 2017 Ky. Acts ch. 168, sec. 8, effective June 29, 2017.

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