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KRS 218A.1421

Trafficking in marijuana -- Penalties

Known as the Kentucky Controlled Substances Act

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

Applied in 19 court decisions — leading case Brewer v. Commonwealth (2006)

Most recently applied in Turner v. Commonwealth (May 2017)

Effective: July 1, 2024 History: Amended 2023 Ky

How often courts cite this section

199520002010201730
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 marijuana when he or she knowingly and unlawfully traffics in marijuana, and the trafficking is not in compliance with, or otherwise authorized by, KRS Chapter 218B.

(2) Unless authorized by KRS Chapter 218B, trafficking in less than eight (8) ounces of marijuana is:

(a) For a first offense a Class A misdemeanor.

(b) For a second or subsequent offense a Class D felony.

(3) Unless authorized by KRS Chapter 218B, trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana is:

(a) For a first offense a Class D felony.

(b) For a second or subsequent offense a Class C felony.

(4) Unless authorized by KRS Chapter 218B, trafficking in five (5) or more pounds of marijuana is:

(a) For a first offense a Class C felony.

(b) For a second or subsequent offense a Class B felony.

(5) Unless authorized by KRS Chapter 218B, the unlawful possession by any person of eight (8) or more ounces of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it.

(6) This section does not apply to:

(a) A cannabis business or a cannabis business agent, as defined in KRS 218B.010, when acting in compliance with KRS Chapter 218B; or (b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis is in compliance with KRS Chapter 218B.

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