2023 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.
(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.
(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.