Kentucky Statutes 218A.142 – Aggravated trafficking in controlled substance in first degree
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(1) A person is guilty of aggravated trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in:
(a) One hundred (100) grams or more of heroin;
(b) Twenty-eight (28) grams or more of fentanyl; or
(c) Ten (10) grams or more of carfentanil or fentanyl derivatives.
(2) Aggravated trafficking in a controlled substance in the first degree is a Class B
felony, and:
(a) 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 where the trafficked substance was heroin; or
(b) The defendant shall not be eligible for pretrial diversion, and 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 where the trafficked substance was fentanyl, carfentanil, or fentanyl derivatives.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 130, sec. 2, effective July 14, 2022. — Amended
2017 Ky. Acts ch. 168, sec. 6, effective June 29, 2017. — Created 2015 Ky. Acts ch.
66, sec. 15, 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.
(a) One hundred (100) grams or more of heroin;
Terms Used In Kentucky Statutes 218A.142
- 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.
- 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.
(b) Twenty-eight (28) grams or more of fentanyl; or
(c) Ten (10) grams or more of carfentanil or fentanyl derivatives.
(2) Aggravated trafficking in a controlled substance in the first degree is a Class B
felony, and:
(a) 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 where the trafficked substance was heroin; or
(b) The defendant shall not be eligible for pretrial diversion, and 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 where the trafficked substance was fentanyl, carfentanil, or fentanyl derivatives.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 130, sec. 2, effective July 14, 2022. — Amended
2017 Ky. Acts ch. 168, sec. 6, effective June 29, 2017. — Created 2015 Ky. Acts ch.
66, sec. 15, 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.