Ky. Rev. Stat. § 218A.1413

Current through Acts Received April 24, 2024

Section 218A.1413 - Trafficking in controlled substance in second degree - Penalties

(1) A person is guilty of trafficking in a controlled substance in the second degree when:

(a) He or she knowingly and unlawfully traffics in:

1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; or specified in KRS 218A.1412, and which is not a synthetic drug, salvia, or marijuana; or

2. Twenty (20) or more dosage units of a controlled substance classified in Schedule III;

(b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells an anabolic steroid for:

1. Enhancing human performance in an exercise, sport, or game; or

2. Hormonal manipulation intended to increase muscle mass, strength, or weight in the human species without a medical necessity; or

(c) He or she knowingly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph.

(2)

(a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of subsection (1) 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.

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

1. A Class D felony for the first offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years; and

2. A Class D felony for a second offense or subsequent offense.

KRS 218A.1413

Amended by 2012 Ky. Acts ch. 156,§ 7, eff. 7/11/2012.

Amended by 2012 Ky. Acts ch. 108,§ 9, eff. 4/11/2012.

Amended 2011, Ky. Acts ch. 2, sec. 10, effective 6/8/2011; and ch. 45, sec. 9, effective 3/16/2011. -- Amended 2010, Ky. Acts ch. 149, sec. 10, effective 4/13/2010; and ch. 160, sec. 10, effective 4/26/2010. -- Amended 1998, Ky. Acts ch. 606, sec. 64, effective 7/15/1998. -- Created 1992 Ky. Acts ch. 441, sec. 13, effective 7/14/1992.