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KRS 218A.1414

Trafficking in controlled substance in third degree -- Penalties

Known as the Kentucky Controlled Substances Act

The act spans §§ 218A.005 to 218A.994 (124 sections).

Applied in 6 court decisions — leading case Morrow v. Commonwealth (2002)

Most recently applied in Brank v. Commonwealth (July 2018)

Effective: March 25, 2015 History: Amended 2015 Ky

How often courts cite this section

199620002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) 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.

(2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of:

1. A Class A misdemeanor for a first offense involving one hundred twenty (120) or fewer dosage units;

2. A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and 3. 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.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.