Kentucky Statutes 218A.141 – Additional penalties for trafficking in controlled substance other than salvia or marijuana
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Any person convicted of, pleading guilty to, or entering an Alford plea to any offense involving trafficking in a controlled substance, other than trafficking in salvia or marijuana, shall, in addition to any other penalty authorized by law, be sentenced to:
(1) Pay the costs of disposal of the controlled substances;
(2) Pay the costs of disposal of all equipment, chemicals, materials, or other items used in or in furtherance of the trafficking offense;
(3) Pay the costs involved with environmental clean-up and remediation required for the real property and personal property used for or in furtherance of the trafficking offenses; and
(4) Pay the costs of protecting the public from dangers from chemicals, materials, and other items used for or in furtherance of the trafficking offense from the time of the arrest until the time that the clean-up or remediation of the real and personal property is concluded. The Commonwealth shall have a lien on all of the assets of the defendant until the amount specified by the court under this subsection is paid in full. The Commonwealth’s attorney shall file the lien.
Effective: April 11, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 7, effective April 11, 2012. — Amended
2011 Ky. Acts ch. 45, sec. 7, effective March 16, 2011. — Amended 2010 Ky. Acts ch. 149, sec. 8, effective April 13, 2010; and ch. 160, sec. 8, effective April 26, 2010.
— Created 1998 Ky. Acts ch. 606, sec. 61, effective July 15, 1998.
(1) Pay the costs of disposal of the controlled substances;
Terms Used In Kentucky Statutes 218A.141
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Marijuana: means all parts of the plant Cannabis sp. 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
- Personal property: All property that is not real property.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Salvia: means Salvia divinorum or Salvinorin A and includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, derivative, mixture, or preparation of that plant, its seeds, or its extracts, including salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the specific chemical designation of that plant, its seeds, or extracts. See Kentucky Statutes 218A.010
(2) Pay the costs of disposal of all equipment, chemicals, materials, or other items used in or in furtherance of the trafficking offense;
(3) Pay the costs involved with environmental clean-up and remediation required for the real property and personal property used for or in furtherance of the trafficking offenses; and
(4) Pay the costs of protecting the public from dangers from chemicals, materials, and other items used for or in furtherance of the trafficking offense from the time of the arrest until the time that the clean-up or remediation of the real and personal property is concluded. The Commonwealth shall have a lien on all of the assets of the defendant until the amount specified by the court under this subsection is paid in full. The Commonwealth’s attorney shall file the lien.
Effective: April 11, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 7, effective April 11, 2012. — Amended
2011 Ky. Acts ch. 45, sec. 7, effective March 16, 2011. — Amended 2010 Ky. Acts ch. 149, sec. 8, effective April 13, 2010; and ch. 160, sec. 8, effective April 26, 2010.
— Created 1998 Ky. Acts ch. 606, sec. 61, effective July 15, 1998.