(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. 2. 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 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. 2. Hormonal manipulation intended to increase muscle mass, strength, or Enhancing human performance in an exercise, sport, or game; 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.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 9, effective April 11, 2012; and ch. 156, sec. 7, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 10, effective June 8, 2011; and ch. 45, sec. 9, effective March 16, 2011. -- Amended 2010 Ky. Acts ch. 149, sec. 10, effective April 13, 2010; and ch. 160, sec. 10, effective April 26, 2010. -- Amended 1998 Ky. Acts ch. 606, sec. 64, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 441, sec. 13, effective July 14, 1992. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 108 and 156, which do not appear to be in conflict and have been codified together.