Trafficking is the selling, distribution, or transfer of an item. When a defendant is charged with trafficking a controlled substance, or trafficking marijuana, it does not necessarily have to be a money-making venture. A person can be found guilty of trafficking by not only selling, but giving, prescribing or distributing illegal substances. Most drug trafficking charges are found in KRS 218A and following.
Additionally, trafficking can be proven as possession with intent to traffic. This can be proven in a number of ways, including: quantity, other indicia of intent, statements by the defendant, other witnesses to trafficking or evidence found that would indicate that a person plans to selling, distributing or transferring the drugs.
Trafficking of marijuana can be a misdemeanor or felony, depending on the quantity as well as if it was in a protected area, generally a school zone. Trafficking of a narcotic is generally a class C felony, but can be a D if there is a small quantity and can be a B if a second or subsequent offense.
If you have been charged with ANY trafficking offense, you should hire an experienced criminal defense attorney as soon as possible. In Northern Kentucky, contact Michael Bouldin at Bouldin Law Firm by calling 581-MIKE, 859-581-6453 or email [email protected].