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218A.1430 Trafficking in synthetic drugs -- Penalties -- Affirmative defense -Possession of synthetic drugs -- Penalty.
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
A person is guilty of trafficking in synthetic drugs when he or she
knowingly and unlawfully traffics in synthetic drugs.
Trafficking in synthetic drugs is a Class A misdemeanor for the first
offense and a Class D felony for each subsequent offense.
In lieu of the fine amounts otherwise allowed under KRS Chapter 534, for
any offense under this subsection the court may impose a maximum fine
of double the defendant's gain from the commission of the offense, in
which case any fine money collected shall be divided between the same
parties, in the same ratio, and for the same purposes as established for
forfeited property under KRS 218A.420.
It shall be an affirmative defense to an offense under this subsection that
the defendant committed the offense during the course of the defendant's
employment as an employee of a retail store and that the defendant did
not know and should not have known that the trafficked substance was a
synthetic drug.
A person is guilty of possession of synthetic drugs when he or she
knowingly and unlawfully possesses synthetic drugs.
Possession of synthetic drugs is a Class B misdemeanor, except that,
KRS Chapter 532 to the contrary notwithstanding, the maximum term of
incarceration shall be no greater than thirty (30) days.
Effective:April 11, 2012
History: Created 2012 Ky. Acts ch. 108, sec. 1, effective April 11, 2012.
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