Section 218A.1412 - Trafficking in controlled substance in first degree - Penalties(1) 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 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 heroin, fentanyl, carfentanil, or fentanyl derivatives; 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.(2) 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.(3)(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 shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense.(c) If the substance is fentanyl or a fentanyl derivative, and the injection, ingestion, inhalation, or other introduction of the fentanyl or fentanyl derivative causes the death of a person, the penalty for the offense shall be one (1) level higher than the level otherwise specified in this section.(d) 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, fentanyl, carfentanil, or fentanyl derivatives.Amended by 2024 Ky. Acts ch. 174,§ 8, eff. 7/15/2024.Amended by 2019 Ky. Acts ch. 130,§ 2, eff. 6/26/2019.Amended by 2017 Ky. Acts ch. 168,§ 5, eff. 6/29/2017.Amended by 2015 Ky. Acts ch. SB-192,§ 14, eff. 3/25/2015.Amended by 2015 Ky. Acts ch. 66,§ 14, eff. 3/25/2015.Effective:6/8/2011
Amended 2011, Ky. Acts ch. 2, sec. 9, effective6/8/2011. -- Amended 2002, Ky. Acts ch. 259, sec. 1, effective 7/15/2002. -- Amended 2000, Ky. Acts ch. 169, sec. 1, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 606, sec. 63, effective 7/15/1998. -- Created 1992 Ky. Acts ch. 441, sec. 12, effective 7/14/1992.