(1) A person is guilty of trafficking in marijuana when he or she knowingly and
unlawfully traffics in marijuana, and the trafficking is not in compliance with, or
otherwise authorized by, KRS Chapter 218B.
(2) Unless authorized by KRS Chapter 218B, trafficking in less than eight (8) ounces of
marijuana is:
(a) For a first offense a Class A misdemeanor.
(b) For a second or subsequent offense a Class D felony.
(3) Unless authorized by KRS Chapter 218B, trafficking in eight (8) or more ounces
but less than five (5) pounds of marijuana is:
(a) For a first offense a Class D felony.
(b) For a second or subsequent offense a Class C felony.
(4) Unless authorized by KRS Chapter 218B, trafficking in five (5) or more pounds of
marijuana is:
(a) For a first offense a Class C felony.
(b) For a second or subsequent offense a Class B felony.
(5) Unless authorized by KRS Chapter 218B, the unlawful possession by any person of
eight (8) or more ounces of marijuana shall be prima facie evidence that the person
possessed the marijuana with the intent to sell or transfer it.
(6) This section does not apply to:
(a) A cannabis business or a cannabis business agent, as defined in KRS
218B.010, when acting in compliance with KRS Chapter 218B; or
(b) A cardholder, as defined in KRS 218B.010, whose use of medicinal cannabis
is in compliance with KRS Chapter 218B.
Effective: July 1, 2024
History: Amended 2023 Ky. Acts ch. 146, sec. 35, effective July 1, 2024. -- Created
1992 Ky. Acts ch. 441, sec. 18, effective July 14, 1992.
Legislative Research Commission Note (4/17/2024). The effective date of the
amendments to this statute in 2023 Ky. Acts ch. 146, sec. 35, was changed from
January 1, 2025, to July 1, 2024, in 2024 Ky. Acts ch. 195, sec. 24.
Notes of Decisions
Brewer v. Commonwealth (2006)
ky · cites it 2×
“1421(4); and four counts of trafficking in eight or more ounces but less than five pounds of marijuana, KRS 218A.1421(3). 1 Appellant was sentenced to a total term of imprisonment of sixty years and now appeals his conviction and sentence as a matter of right pursuant to Ky.”
Lamb v. Commonwealth (2017)
ky · cites it 2×
“1412(3)(a), 5 respectively, for the two first degree trafficking charges and a sentence of 5 years pursuant to KRS 218A.1421(2) 6 for the trafficking in marijuana charge.”
Brewer v. Commonwealth (2006)
ky · cites it 3×
“010(28) defines “traffic” to include manufacturing, distributing, dispensing, selling, transferring, or possessing with intent to manufacture, distribute, dispense, or sell a controlled substance.”
Commonwealth v. McManus (2003)
ky · cites it 2×
“09 to one count each of trafficking in marijuana (KRS 218A.1421), tampering with physical evidence (KRS 524.”
Beaty v. Commonwealth (2003)
ky
“010(l)(c) (Count II); trafficking in marijuana (less than eight ounces) in violation of KRS 218A.1421(2)(b) (Count III); manufacturing methamphetamine in violation of KRS 218A.”
Coleman v. Commonwealth (2002)
ky · cites it 2×
“1412),Trafficking in Marijuana (KRS 218A.1421), Possession of Drug Paraphernalia (KRS 218A.”
Brown v. Commonwealth (2013)
ky
“We find that the jury was presented with sufficient evidence to support a finding of Appellant’s guilt.”
Commonwealth v. Churchwell (1996)
kyctapp · cites it 4×
“of KRS 218A010(21), which defines a “second or subsequent offense” as being one which occurs after any prior conviction under KRS Chapter 218 or any other state or federal law, clearly does not require the underlying prior drug trafficking conviction to be a conviction for…”
Hatcher v. Commonwealth (2010)
kyctapp · cites it 2×
“The caption of the indictment stated that Hatcher was being charged with trafficking in marijuana under KRS 218A.1421(3), yet the count in the indictment described the offense as possession rather than trafficking.”
Riley v. Commonwealth (2003)
ky
“060(2)(c) and (d); (2) the same judgment also contains two additional felony convictions for trafficking in marijuana (more than eight ounces, less than five pounds), Class D felonies, KRS 218A.1421(3)(a) (offenses committed after July 14, 1992), the validity of which Appellant…”
Jackson v. Commonwealth (2010)
ky · cites it 2×
“010(35) ], which defines a “second or subsequent offense” as being one which occurs after any prior conviction under KRS Chapter 218 or any other state or federal law, clearly does not require the underlying prior drug trafficking conviction to be a conviction for trafficking in…”
Jackson v. Commonwealth (2012)
ky
“See KRS 218A.1421(2)(a). If an adult defendant charged with such an offense also possessed a firearm in furtherance of the offense, the defendant would “[b]e penalized as a Class D felon.”
— Ky. Rev. Stat. § 218A.1421(1) — 1 case
Brewer v. Commonwealth (2006)
ky
“010(28) defines “traffic” to include manufacturing, distributing, dispensing, selling, transferring, or possessing with intent to manufacture, distribute, dispense, or sell a controlled substance.”
— Ky. Rev. Stat. § 218A.1421(2) — 4 cases
Lamb v. Commonwealth (2017)
ky
“1412(3)(a), 5 respectively, for the two first degree trafficking charges and a sentence of 5 years pursuant to KRS 218A.1421(2) 6 for the trafficking in marijuana charge.”
Commonwealth v. Churchwell (1996)
kyctapp
“of KRS 218A010(21), which defines a “second or subsequent offense” as being one which occurs after any prior conviction under KRS Chapter 218 or any other state or federal law, clearly does not require the underlying prior drug trafficking conviction to be a conviction for…”
Jackson v. Commonwealth (2010)
ky
“010(35) ], which defines a “second or subsequent offense” as being one which occurs after any prior conviction under KRS Chapter 218 or any other state or federal law, clearly does not require the underlying prior drug trafficking conviction to be a conviction for trafficking in…”
— Ky. Rev. Stat. § 218A.1421(2)(A) — 1 case
— Ky. Rev. Stat. § 218A.1421(2)(a) — 3 cases
Jackson v. Commonwealth (2012)
ky
“See KRS 218A.1421(2)(a). If an adult defendant charged with such an offense also possessed a firearm in furtherance of the offense, the defendant would “[b]e penalized as a Class D felon.”
— Ky. Rev. Stat. § 218A.1421(2)(b) — 2 cases
Beaty v. Commonwealth (2003)
ky
“010(l)(c) (Count II); trafficking in marijuana (less than eight ounces) in violation of KRS 218A.1421(2)(b) (Count III); manufacturing methamphetamine in violation of KRS 218A.”
Jackson v. Commonwealth (2010)
ky
“010(35) ], which defines a “second or subsequent offense” as being one which occurs after any prior conviction under KRS Chapter 218 or any other state or federal law, clearly does not require the underlying prior drug trafficking conviction to be a conviction for trafficking in…”
— Ky. Rev. Stat. § 218A.1421(3) — 7 cases
Brewer v. Commonwealth (2006)
ky
“1421(4); and four counts of trafficking in eight or more ounces but less than five pounds of marijuana, KRS 218A.1421(3). 1 Appellant was sentenced to a total term of imprisonment of sixty years and now appeals his conviction and sentence as a matter of right pursuant to Ky.”
Brewer v. Commonwealth (2006)
ky
“010(28) defines “traffic” to include manufacturing, distributing, dispensing, selling, transferring, or possessing with intent to manufacture, distribute, dispense, or sell a controlled substance.”
Hatcher v. Commonwealth (2010)
kyctapp
“The caption of the indictment stated that Hatcher was being charged with trafficking in marijuana under KRS 218A.1421(3), yet the count in the indictment described the offense as possession rather than trafficking.”
— Ky. Rev. Stat. § 218A.1421(3)(a) — 1 case
Riley v. Commonwealth (2003)
ky
“060(2)(c) and (d); (2) the same judgment also contains two additional felony convictions for trafficking in marijuana (more than eight ounces, less than five pounds), Class D felonies, KRS 218A.1421(3)(a) (offenses committed after July 14, 1992), the validity of which Appellant…”
— Ky. Rev. Stat. § 218A.1421(3)(b) — 2 cases
— Ky. Rev. Stat. § 218A.1421(4) — 5 cases
Brewer v. Commonwealth (2006)
ky
“1421(4); and four counts of trafficking in eight or more ounces but less than five pounds of marijuana, KRS 218A.1421(3). 1 Appellant was sentenced to a total term of imprisonment of sixty years and now appeals his conviction and sentence as a matter of right pursuant to Ky.”
Brewer v. Commonwealth (2006)
ky
“010(28) defines “traffic” to include manufacturing, distributing, dispensing, selling, transferring, or possessing with intent to manufacture, distribute, dispense, or sell a controlled substance.”
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