Section 218A.1421 - [Effective 1/1/2025] Trafficking in marijuana - Penalties(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, Sections 1 to 30 of this Act .(2) Unless authorized by Sections 1 to 30 of this Act, 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 Sections 1 to 30 of this Act, 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 Sections 1 to 30 of this Act, 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 Sections 1 to 30 of this Act, 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 Section 1 of this Act, when acting in compliance with Sections 1 to 30 of this Act; or (b) A cardholder, as defined in Section 1 of this Act, whose use of medicinal cannabis is in compliance with Sections 1 to 30 of this Act. Amended by 2023 Ky. Acts ch. 146,§ 35, eff. 1/1/2025.Effective:7/14/1992
Created 1992 Ky. Acts ch. 441, sec. 18, effective7/14/1992.This section is set out more than once due to postponed, multiple, or conflicting amendments.