Ky. Rev. Stat. » Chapter 218A

Ky. Rev. Stat. § 218A.1413

Trafficking in controlled substance in second degree -- Penalties

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(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. 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.

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1996–2026 · leading case: Turner v. Commonwealth
Sort: Relevance Newest Treatment
Turner v. Commonwealth (2017) kyctapp · cites it 40× “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
Commonwealth v. Gamble (2015) ky · cites it 21× “One of the statutes HB 463 amended is KRS 218A.1413. As it relates to the offense Gamble committed, HB 463 lessened the previous five-year maximum sentence to three years imprisonment.”
Derek Early v. Commonwealth of Kentucky (2015) ky “1412; KRS 218A.1413; KRS 218A.14Í4 (stipulating specific quantities “or more,” and “any quantity”).”
Commonwealth v. Hayward (2001) ky “In August 1997, the relevant provisions read: KRS 218A.1413. Trafficking in controlled substance in second degree— Penalties.”
Commonwealth v. Churchwell (1996) kyctapp “1412, KRS 218A.1413, and KRS 218A.1414. Moreover, other than the fact that KRS Chapter 218A may treat marijuana offenses somewhat more leniently than other drug offenses, the primary distinction between the various drug trafficking penalty statutes is that, unlike the others,…”
Eldridge v. Commonwealth (2015) kyctapp · cites it 15× “In Gamble, • the Supreme Court addressed whether the circuit court violated KRS 218A.1413 in enhancing Gamble’s one-year sentence for second-degree trafficking in a controlled substance (hydrocb-done) to five years- pursuant to his" PFO status.”
Commonwealth of Kentucky v. Russell T. Amboree (2026) ky · cites it 8× “Commonwealth, the Court of Appeals held that it was limited to Trafficking in Controlled Substances convictions under KRS 218A.1413. 479 S.W.3d 614, 620 (Ky. App.”
Farmer v. Commonwealth (2009) kyctapp · cites it 3× “” Thus, based on Farmer’s own theory of the case, the jury could not have believed that Farmer merely possessed the controlled substance without trafficking in it in violation of KRS 218A.1413(l)(a). Citing no authority, Farmer claims the transfer in this case should not…”
United States v. Peter Combs (2021) ca6 · cites it 4× “At sentencing, Combs’s two prior offenses included Conspiracy to Distribute a Schedule II Controlled Substance, in violation of 21 U.”
United States v. Peter Combs (2021) ca6 · cites it 3× “All agree that Combs has at least one: he previously pleaded guilty in federal court to one count of Conspiracy to Distribute a Schedule II Controlled Substance.”
David W. Mosley v. Commonwealth of Kentucky (2023) kyctapp “1412); trafficking in a controlled substance in the second degree, first offense (KRS 218A.1413); trafficking in a controlled substance in the third degree, first offense (KRS 218A.”
Kenneth Cimiotta v. Commonwealth of Kentucky (2026) kyctapp “4 KRS 218A.1413, a Class D felony. -3- paraphernalia,5 failure to or improper signaling,6 and first-degree trafficking in a controlled substance (fentanyl, subsequent offender).”
— Ky. Rev. Stat. § 218A.1413(1) — 1 case
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
— Ky. Rev. Stat. § 218A.1413(1)(a) — 1 case
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
— Ky. Rev. Stat. § 218A.1413(1)(b) — 1 case
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
— Ky. Rev. Stat. § 218A.1413(1)(c) — 2 cases
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
Commonwealth v. Gamble (2015) ky “One of the statutes HB 463 amended is KRS 218A.1413. As it relates to the offense Gamble committed, HB 463 lessened the previous five-year maximum sentence to three years imprisonment.”
— Ky. Rev. Stat. § 218A.1413(2) — 1 case
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
— Ky. Rev. Stat. § 218A.1413(2)(a) — 2 cases
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
Commonwealth v. Gamble (2015) ky “One of the statutes HB 463 amended is KRS 218A.1413. As it relates to the offense Gamble committed, HB 463 lessened the previous five-year maximum sentence to three years imprisonment.”
— Ky. Rev. Stat. § 218A.1413(2)(b) — 3 cases
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
Commonwealth of Kentucky v. Russell T. Amboree (2026) ky “Commonwealth, the Court of Appeals held that it was limited to Trafficking in Controlled Substances convictions under KRS 218A.1413. 479 S.W.3d 614, 620 (Ky. App.”
Eldridge v. Commonwealth (2015) kyctapp “In Gamble, • the Supreme Court addressed whether the circuit court violated KRS 218A.1413 in enhancing Gamble’s one-year sentence for second-degree trafficking in a controlled substance (hydrocb-done) to five years- pursuant to his" PFO status.”
— Ky. Rev. Stat. § 218A.1413(2)(b)(1) — 2 cases
Commonwealth v. Gamble (2015) ky “One of the statutes HB 463 amended is KRS 218A.1413. As it relates to the offense Gamble committed, HB 463 lessened the previous five-year maximum sentence to three years imprisonment.”
Turner v. Commonwealth (2017) kyctapp “First, although he does not claim it was error to present proof that this was not the first time he violated KRS 218A.1413, nor error to impose a sentence under KRS 218A.”
— Ky. Rev. Stat. § 218A.1413(2)(b)(l) — 2 cases
Commonwealth v. Gamble (2015) ky “One of the statutes HB 463 amended is KRS 218A.1413. As it relates to the offense Gamble committed, HB 463 lessened the previous five-year maximum sentence to three years imprisonment.”
Eldridge v. Commonwealth (2015) kyctapp “In Gamble, • the Supreme Court addressed whether the circuit court violated KRS 218A.1413 in enhancing Gamble’s one-year sentence for second-degree trafficking in a controlled substance (hydrocb-done) to five years- pursuant to his" PFO status.”
— Ky. Rev. Stat. § 218A.1413(l)(a) — 1 case
Farmer v. Commonwealth (2009) kyctapp “” Thus, based on Farmer’s own theory of the case, the jury could not have believed that Farmer merely possessed the controlled substance without trafficking in it in violation of KRS 218A.1413(l)(a). Citing no authority, Farmer claims the transfer in this case should not…”
— Ky. Rev. Stat. § 218A.1413(l)(c) — 2 cases
Commonwealth v. Gamble (2015) ky “One of the statutes HB 463 amended is KRS 218A.1413. As it relates to the offense Gamble committed, HB 463 lessened the previous five-year maximum sentence to three years imprisonment.”
Eldridge v. Commonwealth (2015) kyctapp “In Gamble, • the Supreme Court addressed whether the circuit court violated KRS 218A.1413 in enhancing Gamble’s one-year sentence for second-degree trafficking in a controlled substance (hydrocb-done) to five years- pursuant to his" PFO status.”
— Ky. Rev. Stat. § 218A.1413(l)(e) — 1 case
Commonwealth v. Gamble (2015) ky “One of the statutes HB 463 amended is KRS 218A.1413. As it relates to the offense Gamble committed, HB 463 lessened the previous five-year maximum sentence to three years imprisonment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.