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What Is Trafficking in School Zone?

Kentucky law enhances the penalties for trafficking of controlled substance or marijuana if the crime is committed in a school zone.  A school zone is defined as 1000 feet from any school building.  The distance is measured from the wall of the building in a straight line to the location of the sale. KRS 218A defines this this addition to trafficking offenses. KRS 218A.1411 - Trafficking in controlled substance in or near school -- Exception for misdemeanor salvia offenses -- Penalty. (1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation. (2) The provisions of subsection (1) of this section shall not apply to any misdemeanor offense relating to salvia. Normally, trafficking of marijuana is a Class A misdemeanor, punishable by up to 12 months in jail and/or a $500 fine.  If a defendant is charged with trafficking marijuana within a school zone (school area), this becomes a Class D felony, punishable by 1-5 years in prison.  Trafficking of controlled substances, generally Class C felonies (5-10 years), are enhanced to Class B felonies (10-20 years). If you have been charged with ANY trafficking offense in Northern Kentucky, it is a serious charge and you need legal counsel.  For a consultation for Boone, Campbell, Kenton and Grant counties, emai Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.

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