(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. Effective: March 25, 2015 History: Amended 2015 Ky. Acts ch. 66, sec. 16, effective March 25, 2015. -- Amended 2011 Ky. Acts ch. 2, sec. 11, effective June 8, 2011. -- Created 1992 Ky. Acts ch. 441, sec. 14, effective July 14, 1992.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1996–2026 · leading case:
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
Morrow v. Commonwealth, 77 S.W.3d 558 (Ky. 2002).
· cites it 2× “[18] See KRS 218A.1414; KRS 218A.1416; 218A.1417; 218A.”
Turner v. Commonwealth, 538 S.W.3d 305 (Ky. Ct. App. 2017).
“]" KRS 218A.1414 ; related to the Clonazepam, a schedule IV non-narcotic.”
Brank v. Commonwealth, 566 S.W.3d 560 (Ky. Ct. App. 2018).
“, KRS 218A.1414. Here, nothing in the record suggests Deputy Shields was acting in an investigative capacity, or should have known his statements would lead to an admission of tampering.”
Turner v. Commonwealth, 248 S.W.3d 543 (Ky. 2008).
“1412 and KRS 218A.1414). She was sentenced as a second-degree persistent felony offender (KRS 532.”
Commonwealth v. Gamble, 453 S.W.3d 716 (Ky. 2015).
“In formulating its conclusion, the Court of Appeals focused on the changes HB 468 made to other statutes pertaining to controlled substances, including KRS 218A.1414 and KRS 218A.1415, the statutes proscribing third-degree trafficking in a controlled substance and first-degree…”
Commonwealth v. Churchwell, 938 S.W.2d 586 (Ky. Ct. App. 1996).
“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, the marijuana…”
David W. Mosley v. Commonwealth of Kentucky (Ky. Ct. App. 2023).
“1413); trafficking in a controlled substance in the third degree, first offense (KRS 218A.1414); trafficking in marijuana, less than 8 ounces, first offense (KRS 218A.”
Commonwealth of Kentucky v. Russell T. Amboree (Ky. 2026).
“1415 if doing so extends the term of incarceration beyond three years. That may shock some people who consider the power to order consecutive or concurrent sentences basic to the judiciary.”
— Ky. Rev. Stat. § 218A.1414(2)(b) — 1 case
Commonwealth of Kentucky v. Russell T. Amboree (Ky. 2026).
“1415 if doing so extends the term of incarceration beyond three years. That may shock some people who consider the power to order consecutive or concurrent sentences basic to the judiciary.”
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