(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) If the substance is fentanyl or a fentanyl derivative, and the injection, ingestion, inhalation, or other introduction of the fentanyl or fentanyl derivative causes the death of a person, the penalty for the offense shall be one (1) level higher than the level otherwise specified in this section.
(d) 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. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 8, effective July 15, 2024. -- Amended 2019 Ky. Acts ch. 130, sec. 2, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 168, sec. 5, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 66, sec. 14, effective March 25, 2015. -- Amended 2011 Ky. Acts ch. 2, sec. 9, effective June 8, 2011. -- Amended 2002 Ky. Acts ch. 259, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 169, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 63, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 441, sec. 12, effective July 14, 1992.
Notes of Decisions
Cited in
119
cases (
41 in the last 5 years), 1995–2026 · leading case:
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003).
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003).
· cites it 13× “The trial court granted the motion but allowed the Commonwealth to amend the indictment to charge Appellant under KRS 218A.1412, which currently reads as follows: KRS 218A.”
Martin v. Commonwealth, 409 S.W.3d 340 (Ky. 2013).
· cites it 7× “The jury found Appellant guilty of first-degree trafficking in a controlled substance, KRS 218A.1412, and of being a first-degree persistent felony offender, KRS 532.”
Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000).
· cites it 10× “KRS 218A.1412 criminalizes *867 as first degree trafficking in a controlled substance "knowingly and unlawfully trafficking in" a number of controlled substances including cocaine and KRS 218A.”
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
· cites it 10× “INTRODUCTION A Jefferson Circuit Court jury found Appellant guilty of first degree trafficking in a controlled substance in violation of KRS 218A.1412. After the guilt/innocence phase verdict, Appellant waived jury sentencing.”
Brooks v. Commonwealth, 217 S.W.3d 219 (Ky. 2007).
· cites it 7× “However, in 1998, KRS 218A.1412, the general trafficking statute applicable to Schedule I and II narcotic drugs was amended to explicitly exclude methamphetamine from its ambit.”
Houston v. Commonwealth, 975 S.W.2d 925 (Ky. 1998).
· cites it 4× “KRS 218A.1412; KRS 218A.1415. The offense of criminal facilitation requires proof that someone other than the defendant committed the object offense and the defendant, knowing that such person was committing or intended to commit that offense, provided that person with the means…”
Commonwealth v. Adkins, 331 S.W.3d 260 (Ky. 2011).
· cites it 7× “" See KRS 218A.1412 KRS 218A.1417. We agree with Adkins, therefore, that these statutes implicitly recognize an innocent possession or innocent trafficking defense, and whenever the evidence reasonably supports such a defensewhere there is evidence that the possession was…”
Lofthouse v. Commonwealth, 13 S.W.3d 236 (Ky. 2000).
· cites it 5× “050, and of two counts of trafficking in a controlled substance in the first degree, KRS 218A.1412. He was sentenced to one year in prison for his conviction of reckless homicide, and to five years in prison for each of his convictions of trafficking in a controlled substance.”
United States v. Timmy Fields, 53 F.4th 1027 (6th Cir. 2022).
· cites it 3× “The first was for “Trafficking in a Controlled Substance in the First Degree,” in violation of Ky. Rev. Stat. § 218A.1412 (the Trafficking Offense).”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
· cites it 3× “At the time of the arrest, KRS 218A.1412 made a first offense of first-degree trafficking a Class C felony.”
— Ky. Rev. Stat. § 218A.1412(1) — 17 cases
Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000).
“KRS 218A.1412 criminalizes *867 as first degree trafficking in a controlled substance "knowingly and unlawfully trafficking in" a number of controlled substances including cocaine and KRS 218A.”
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003).
“The trial court granted the motion but allowed the Commonwealth to amend the indictment to charge Appellant under KRS 218A.1412, which currently reads as follows: KRS 218A.”
Martin v. Commonwealth, 409 S.W.3d 340 (Ky. 2013).
“The jury found Appellant guilty of first-degree trafficking in a controlled substance, KRS 218A.1412, and of being a first-degree persistent felony offender, KRS 532.”
United States v. Timmy Fields, 53 F.4th 1027 (6th Cir. 2022).
“The first was for “Trafficking in a Controlled Substance in the First Degree,” in violation of Ky. Rev. Stat. § 218A.1412 (the Trafficking Offense).”
— Ky. Rev. Stat. § 218A.1412(1)(a) — 4 cases
— Ky. Rev. Stat. § 218A.1412(1)(b) — 6 cases
— Ky. Rev. Stat. § 218A.1412(1)(c) — 3 cases
— Ky. Rev. Stat. § 218A.1412(1)(d) — 6 cases
— Ky. Rev. Stat. § 218A.1412(1)(e) — 9 cases
— Ky. Rev. Stat. § 218A.1412(2) — 8 cases
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
“INTRODUCTION A Jefferson Circuit Court jury found Appellant guilty of first degree trafficking in a controlled substance in violation of KRS 218A.1412. After the guilt/innocence phase verdict, Appellant waived jury sentencing.”
Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012).
“At the time of the arrest, KRS 218A.1412 made a first offense of first-degree trafficking a Class C felony.”
Brooks v. Commonwealth, 217 S.W.3d 219 (Ky. 2007).
“However, in 1998, KRS 218A.1412, the general trafficking statute applicable to Schedule I and II narcotic drugs was amended to explicitly exclude methamphetamine from its ambit.”
— Ky. Rev. Stat. § 218A.1412(2)(a) — 3 cases
Houston v. Commonwealth, 975 S.W.2d 925 (Ky. 1998).
“KRS 218A.1412; KRS 218A.1415. The offense of criminal facilitation requires proof that someone other than the defendant committed the object offense and the defendant, knowing that such person was committing or intended to commit that offense, provided that person with the means…”
— Ky. Rev. Stat. § 218A.1412(2)(b) — 2 cases
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
“INTRODUCTION A Jefferson Circuit Court jury found Appellant guilty of first degree trafficking in a controlled substance in violation of KRS 218A.1412. After the guilt/innocence phase verdict, Appellant waived jury sentencing.”
— Ky. Rev. Stat. § 218A.1412(3) — 1 case
— Ky. Rev. Stat. § 218A.1412(3)(a) — 8 cases
— Ky. Rev. Stat. § 218A.1412(3)(b) — 4 cases
— Ky. Rev. Stat. § 218A.1412(3)(c) — 3 cases
— Ky. Rev. Stat. § 218A.1412(3)(d) — 1 case
— Ky. Rev. Stat. § 218A.1412(a) — 1 case
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