218A.1413 Trafficking in controlled substance in second degree -- Penalties.
(1)
(2)
A person is guilty of trafficking in a controlled substance in the second degree
when:
(a) He or she knowingly and unlawfully traffics in:
1.
Ten (10) or more dosage units of a controlled substance classified in
Schedules I and II that is not a narcotic drug; or specified in KRS
218A.1412; or
2.
Twenty (20) or more dosage units of a controlled substance classified in
Schedule
III;
but
not
naphthylpyrovalerone,
3,4methylenedioxypyrovalerone, 3,4-methylenedioxymethylcathinone, 4methylmethcathinone, synthetic cannabinoid agonists or piperazines,
salvia, or marijuana;
(b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells
an anabolic steroid for:
1.
Enhancing human performance in an exercise, sport, or game; or
2.
Hormonal manipulation intended to increase muscle mass, strength, or
weight in the human species without a medical necessity; or
(c) Any quantity of a controlled substance specified in paragraph (a) of this
subsection in an amount less than the amounts specified in that paragraph.
(a) Except as provided in paragraph (b) of this subsection, any person who
violates the provisions of subsection (1) of this section shall be guilty of a
Class D felony for the first offense and a Class C felony for a second or
subsequent offense.
(b) Any person who violates the provisions of subsection (1)(c) of this section
shall be guilty of:
1.
A Class D felony for the first offense, except that KRS Chapter 532 to
the contrary notwithstanding, the maximum sentence to be imposed
shall be no greater than three (3) years; and
2.
A Class D felony for a second offense or subsequent offense.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 10, effective June 8, 2011; and ch. 45,
sec. 9, effective March 16, 2011. -- Amended 2010 Ky. Acts ch. 149, sec. 10,
effective April 13, 2010; and ch. 160, sec. 10, effective April 26, 2010. -- Amended
1998 Ky. Acts ch. 606, sec. 64, effective July 15, 1998. -- Created 1992 Ky. Acts
ch. 441, sec. 13, effective July 14, 1992.
Legislative Research Commission Note (6/8/2011). This section was amended by 2011
Ky. Acts chs. 2 and 45, which do not appear to be in conflict and have been codified
together.
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