2023 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
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
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.