218A.1414 Trafficking in controlled substance in third degree -- Penalties.
(1)
(2)
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.
(a) Any person who violates the provisions of subsection (1)(a) of this section
shall be guilty of a Class A misdemeanor for the first offense and 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: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 11, effective June 8, 2011. -- Created 1992
Ky. Acts ch. 441, sec. 14, effective July 14, 1992.
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