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218A.1412 Trafficking in controlled substance in first degree -- Penalties.
(1)
(2)
(3)
A person is guilty of trafficking in a controlled substance in the first degree
when he or she knowingly and unlawfully traffics in:
(a) Four (4) grams or more of cocaine;
(b) Two (2) grams or more of heroin or methamphetamine;
(c) Ten (10) or more dosage units of a controlled substance that is classified
in Schedules I or II and is a narcotic drug, or a controlled substance
analogue;
(d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma
hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers,
and analogues; or flunitrazepam, including its salts, isomers, and salts of
isomers; or
(e) Any quantity of a controlled substance specified in paragraph (a), (b), or
(c) of this subsection in an amount less than the amounts specified in
those paragraphs.
The amounts specified in subsection (1) of this section may occur in a single
transaction or may occur in a series of transactions over a period of time not to
exceed ninety (90) days that cumulatively result in the quantities specified in
this section.
(a) Except as provided in paragraph (b) of this subsection, any person who
violates the provisions of this section shall be guilty of a Class C felony for
the first offense and a Class B felony for a second or subsequent offense.
(b) Any person who violates the provisions of subsection (1)(e) of this section
shall be guilty of a Class D felony for the first offense and a Class C
felony for a second offense or subsequent offense.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 9, effective June 8, 2011. -- Amended
2002 Ky. Acts ch. 259, sec. 1, effective July 15, 2002. -- Amended 2000 Ky.
Acts ch. 169, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606,
sec. 63, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 441, sec. 12,
effective July 14, 1992.
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