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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, fentanyl, 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) Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) 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:
1.
Shall be guilty of a Class D felony for the first offense and a Class C
felony for a second or subsequent offense; and
2.
a.
Except as provided in subdivision b. of this subparagraph, where
the trafficked substance was heroin and the defendant committed
the offense while possessing more than one (1) items of
paraphernalia, including but not limited to scales, ledgers,
instruments and material to cut, package, or mix the final product,
excess cash, multiple subscriber identity modules in excess of the
number of communication devices possessed by the person at the
time of arrest, or weapons, which given the totality of the
circumstances indicate the trafficking to have been a commercial
activity, shall not be released on parole until he or she has served
at least fifty percent (50%) of the sentence imposed.
b.
This subparagraph shall not apply to a person who has been
determined by a court to have had a substance use disorder relating
to a controlled substance at the time of the offense. "Substance use
disorder" shall have the same meaning as in the current edition of
the American Psychiatric Association's Diagnostic and Statistical
Manual of Mental Disorders.
(c) Any person convicted of a Class C felony offense or higher under this section
shall not be released on probation, shock probation, parole, conditional
discharge, or other form of early release until he or she has served at least fifty
percent (50%) of the sentence imposed in cases where the trafficked substance
was heroin.
Effective: March 25, 2015
History: Amended 2015 Ky. Acts ch. 66, sec. 14, effective March 25, 2015. -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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