Kentucky Revised Statutes

Ky. Rev. Stat. § 218A.1401 (2026)

Selling controlled substances other than salvia to minor --

✓ current as of May 2026

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Penalties. (1) A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than salvia to any person under eighteen (18) years of age. (2) Selling controlled substances to a minor is a Class C felony for a first offense, and a Class B felony for each subsequent offense, unless a more severe penalty for trafficking in controlled substances is applicable, in which case the higher penalty shall apply. Effective:April 27, 2016 History: Amended 2016 Ky. Acts ch. 135, sec. 10, effective April 27, 2016. -- Amended 2012 Ky. Acts ch. 108, sec. 6, effective April 11, 2012. -- Amended 2011 Ky. Acts ch. 45, sec. 6, effective March 16, 2011. -- Amended 2010 Ky. Acts ch. 149, sec. 7, effective April 13, 2010; and ch. 160, sec. 7, effective April 26, 2010. -- Created 1992 Ky. Acts ch. 441, sec. 21, effective July 14, 1992.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Charlotte Hall v. Commonwealth of Kentucky (Ky. 2009).

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Charlotte Hall v. Commonwealth of Kentucky (Ky. 2009). “As noted above, Hall failed to preserve this issue by timely objecting to the Seefor example KRS 218A.1401, enhancing the penalty for drug trafficking when drugs are transferred to a minor, and KRS 530.”

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