Drug Trafficking

Drug trafficking is a very serious crime, with punishments varying widely depending on the type and quantity of drugs involved and whether yours is a first offense. It’s important to note that some drug trafficking offenses are not currently eligible for expungement, meaning they can stay on your record for the rest of your life. Even worse, some trafficking charges are not eligible for probation and require you to serve 50% of your sentence. You can take your chances and go it alone, or you can hire an experienced Kentucky criminal defense attorney like Eric L. Ray to review the facts of your case and dramatically improve the likelihood of a best-case result. No attorney can guarantee the result, but enlisting the help of a capable defense attorney like Eric Ray is your smartest move when charged with drug trafficking. The difference between a possession conviction and a trafficking conviction can be life-changing. Don’t go it alone. Call Eric Ray at 859-242-3487 immediately to schedule a free consultation.

Below are a few of the drug trafficking laws in Kentucky.

KRS 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 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 heroin, fentanyl, carfentanil, or fentanyl derivatives; 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) Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) 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 first offense and a Class C felony for a second or subsequent offense.

(c) Any person convicted of a Class C felony offense or higher under this section shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least fifty percent (50%) of the sentence imposed in cases where the trafficked substance was heroin, fentanyl, carfentanil, or fentanyl derivatives.

KRS 218A.1413 Trafficking in controlled substance in second degree — Penalties.

(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. 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 2. 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. Enhancing human performance in an exercise, sport, or game; or 2. Hormonal manipulation intended to increase muscle mass, strength, 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.

KRS 218A.1414 Trafficking in controlled substance in third degree — Penalties.

(1) A person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in:(a) Twenty (20) or more dosage units of a controlled substance classified in Schedules IV or V; or (b) Any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amount specified in that paragraph.

(2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of:1. A Class A misdemeanor for a first offense involving one hundred twenty (120) or fewer dosage units; 2. A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and 3. A Class D felony for a second or subsequent offense.

(b) Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of:1. A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and 2. A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.