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Is Trafficking of Drugs in Kentucky a Felony?

Most charges of trafficking of drugs in Kentucky are result in felony charges.  Trafficking of marijuana under 8 ounces and not within 1000 feet of a school are misdemeanor charges.  Otherwise, felony charges may arise. KRS defines in §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 heroin or 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 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) Except as provided in paragraph (b) of this subsection, any person who violates the provisions 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 the first offense and a Class C felony for a second offense or subsequent offense. If you have been charged with trafficking of marijuana, narcotics, heroin or any other drugs in Northern Kentucky and have questions or need to consult an attorney, call Michael W. Bouldin at 859-581-6453 or email at [email protected].   Call 581-MIKE today.

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