Ky. Rev. Stat. » Chapter 218A

Ky. Rev. Stat. § 218A.1411

Trafficking in controlled substance in or near school -- Exception for

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misdemeanor salvia offenses -- Penalty. (1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation. (2) The provisions of subsection (1) of this section shall not apply to any misdemeanor offense relating to salvia. Effective: April 11, 2012 History: Amended 2012 Ky. Acts ch. 108, sec. 8, effective April 11, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 8, effective June 8, 2011; and ch. 45, sec. 8, effective March 16, 2011.-- Amended 2010 Ky. Acts ch. 149, sec. 9, effective April 13, 2010; and ch. 160, sec. 9, effective April 26, 2010. -- Created 1992 Ky. Acts ch. 441, sec. 11, effective July 14, 1992.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1995–2023 · leading case: Saxton v. Commonwealth
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Saxton v. Commonwealth (2010) ky · cites it 27× “The violation of KRS 218A.1411, a statute entitled “Trafficking in controlled substance in or near school-Penalty”, involved a January 7, 2006 sale of marijuana to Saxton’s aunt, Anna Saxton, and her fian-cé, Henry Island.”
Roy Edward Tucker v. Commonwealth of Kentucky (2017) ky · cites it 3× “” This, of course, is contrary to Conyers’ contention, which is that the 2011 amendment of,KRS 218A.1411 did repeal the earlier version applicable to Conyers in 2004.”
Brimmer v. Commonwealth (1999) kyctapp · cites it 11× “Brimmer maintains that a Montessori school is not a “school” for purposes of KRS 218A.1411 and therefore, this Court must reverse his conviction.”
Commonwealth v. Meyers (1999) kyctapp “1413); trafficking in a controlled substance within 1,000 yards of a school (KRS 218A.1411); and possession of drug paraphernalia, second offense (KRS 218A.”
Orlando Saxton v. Commonwealth of Kentucky (2010) ky · cites it 19× “The Court of Appeals rejected Saxton's argument that Kentucky law imparted a mens rea requirement to KRS 218A.1411, i. e., that the Commonwealth was required to prove that he "knowingly" trafficked within 1,000 yards of a school.”
Sanders v. Commonwealth (1995) kyctapp · cites it 2× “The appellant simply maintains that the school building that served as the basis for the enhanced charge under KRS 218A.1411, i.e., Draughon’s Junior College, is not a “school” within the meaning of the statute.”
Roy Edward Tucker v. Commonwealth of Kentucky (2017) ky “080(3), that "[n]o statute shall be construed to be retroactive, unless ·expressly so declared.”
Lonnie Conyers v. Commonwealth of Kentucky (2017) ky “080(3), that "[n]o statute shall be construed to be retroactive, unless ·expressly so declared.”
Joseph Hardy v. Commonwealth of Kentucky (2017) ky “080(3), that "[n]o statute shall be construed to be retroactive, unless ·expressly so declared.”
Commonwealth of Kentucky v. Rebecca Dawn Hampton (2021) kyctapp “KRS 218A.1411. By Final Judgment entered March 1, 2010, Hampton was sentenced to one year of imprisonment, which was probated for three years.”
Eric Alderson v. Commonwealth of Kentucky (2023) ky “1421(3), after a directed verdict had been granted to the original offense 18 of trafficking in a controlled substance within 1,000 yards of a school, KRS 218A.1411. Blane, 364 S.W.3d at 150-51 .”
Lunsford v. Commonwealth (2004) kyctapp “KRS 218A.1411. 374 Preston Avenue is located within 1,000 yards of Ewan Elementary School.”
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