Ky. Rev. Stat. » Chapter 218A

Ky. Rev. Stat. § 218A.990

Repealed, 1992

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Catchline at repeal: Penalties. History: Repealed 1992 Ky. Acts ch. 441, sec. 30, effective July 14, 1992; and amended 1992 Ky. Acts ch. 442, sec. 7. -- Amended 1990 Ky. Acts ch. 160, sec. 3, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 181, sec. 1, effective July 15, 1988; ch. 182; sec. 1, effective July 15, 1988; ch. 219, sec. 1, effective July 15, 1988; ch. 220, sec. 1, effective July 15, 1988; ch. 221, sec. 1, effective July 15, 1988; ch. 229, sec. 1, effective July 15, 1988; and ch. 389, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 80, sec. 1, effective July 15, 1982; ch. 237, sec. 1, effective July 15, 1982; ch. 413, sec. 1, effective July 15, 1982; and ch. 419, sec. 4, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 161, sec. 3, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 75, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Created 1972 Ky. Acts ch. 226, sec. 31. Legislative Research Commission Note (7/14/92). This section was amended by the 1992 Regular Session of the General Assembly and also repealed. Pursuant to KRS 446.260, the repeal prevails.

Notes of Decisions
Cited in 47 cases, 1973–2003 · leading case: Rudolph v. Commonwealth
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Rudolph v. Commonwealth (1977) ky · cites it 21× “” Similarly, the ensuing subsections of KRS 218A.990 provide enhanced punishment for less serious drug offenses that are committed subsequent to a first conviction.”
Woods v. Commonwealth (1990) ky · cites it 14× “All this is based on a definition of the term "a second or subsequent offense" found in subsection (8), a different subsection of KRS 218A.990 than the ones used to charge and try him.”
Commonwealth v. Burge (1997) ky · cites it 4× “441, § 30), and selling marijuana within 1,000 yards of a school, KRS 218A.990(16) (repealed, Acts 1992, ch.”
Commonwealth v. Welch (1993) ky · cites it 8× “" It provides for criminal punishment as a deterrent in only one instance: The Maternal Health Act amends KRS 218A.990 covering penalties for those found guilty of trafficking in or possessing drugs, to add a new subparagraph as follows: "(19) Any person who traffics in a…”
Commonwealth v. Collins (1991) ky · cites it 8× “This Court, like the Court of Appeals, believes that in order to properly resolve this issue, we must first come to grips with the legal effect of the statutory presumption contained in KRS 218A.990(6)(b), which at the time of the offense in the present case stated as follows:…”
Riley v. Commonwealth (2003) ky · cites it 4× “The trial judge then allowed the Commonwealth to amend the indictment to charge second-offense enhancement under then KRS 218A.990(2) (repealed 1992 Ky. Acts, ch.”
Commonwealth v. Grimes (1985) ky · cites it 5× “This appeal is from a decision of the Court of Appeals which held that a conviction pursuant to KRS 218A.990(2) could not be enhanced pursuant to the general persistent felony offender statute.”
Rawlings v. Commonwealth (1979) ky · cites it 6× “David Rawlings was convicted of the possession of controlled substances for the purpose of sale, KRS 218A.990, and sentenced to a term of five years' imprisonment in the penitentiary.”
Commonwealth v. Grubb (1993) ky · cites it 4× “" KRS 218A.990 establishes the penalties for trafficking in " a controlled substance classified in schedules I or II.”
White v. Commonwealth (1980) kyctapp · cites it 5× “KRS 218A.990(1); KRS 532.080. The appellant was sentenced to ten and eleven years respectively, ten of those years without parole.”
State v. Mallan (1998) haw · cites it 2× “1996); Ky.Rev.Stat. Ann. § 218A.990 (Michie 1991); La.”
Shelton v. Commonwealth (1996) kyctapp · cites it 4× “990(5), and *821 of trafficking in marijuana within one thousand yards of a school, in violation of KRS 218A.990(16), as the result of a single sale of two marijuana cigarettes.”
Show all 47 citing cases →
— Ky. Rev. Stat. § 218A.990(1) — 11 cases
Rudolph v. Commonwealth (1977) ky “” Similarly, the ensuing subsections of KRS 218A.990 provide enhanced punishment for less serious drug offenses that are committed subsequent to a first conviction.”
Woods v. Commonwealth (1990) ky “All this is based on a definition of the term "a second or subsequent offense" found in subsection (8), a different subsection of KRS 218A.990 than the ones used to charge and try him.”
White v. Commonwealth (1980) kyctapp “KRS 218A.990(1); KRS 532.080. The appellant was sentenced to ten and eleven years respectively, ten of those years without parole.”
Skiles v. Commonwealth (1988) kyctapp
Williamson v. Commonwealth (1989) ky
— Ky. Rev. Stat. § 218A.990(15) — 1 case
Commonwealth v. Welch (1993) ky “" It provides for criminal punishment as a deterrent in only one instance: The Maternal Health Act amends KRS 218A.990 covering penalties for those found guilty of trafficking in or possessing drugs, to add a new subparagraph as follows: "(19) Any person who traffics in a…”
— Ky. Rev. Stat. § 218A.990(16) — 6 cases
Commonwealth v. Burge (1997) ky “441, § 30), and selling marijuana within 1,000 yards of a school, KRS 218A.990(16) (repealed, Acts 1992, ch.”
Shelton v. Commonwealth (1996) kyctapp “990(5), and *821 of trafficking in marijuana within one thousand yards of a school, in violation of KRS 218A.990(16), as the result of a single sale of two marijuana cigarettes.”
Commonwealth v. Payton (1997) ky
Cooper v. Commonwealth (1990) ky
Hellard v. Commonwealth (1992) kyctapp
— Ky. Rev. Stat. § 218A.990(2) — 5 cases
Commonwealth v. Grimes (1985) ky “This appeal is from a decision of the Court of Appeals which held that a conviction pursuant to KRS 218A.990(2) could not be enhanced pursuant to the general persistent felony offender statute.”
Riley v. Commonwealth (2003) ky “The trial judge then allowed the Commonwealth to amend the indictment to charge second-offense enhancement under then KRS 218A.990(2) (repealed 1992 Ky. Acts, ch.”
White v. Commonwealth (1980) kyctapp “KRS 218A.990(1); KRS 532.080. The appellant was sentenced to ten and eleven years respectively, ten of those years without parole.”
Luna v. Commonwealth (1977) kyctapp
Commonwealth v. McGinnis (1982) kyctapp
— Ky. Rev. Stat. § 218A.990(2)(a) — 2 cases
Riley v. Commonwealth (2003) ky “The trial judge then allowed the Commonwealth to amend the indictment to charge second-offense enhancement under then KRS 218A.990(2) (repealed 1992 Ky. Acts, ch.”
Neeley v. Casey (1985) ohsd
— Ky. Rev. Stat. § 218A.990(3) — 1 case
Sanders v. Commonwealth (1983) kyctapp
— Ky. Rev. Stat. § 218A.990(4) — 3 cases
Woods v. Commonwealth (1990) ky “All this is based on a definition of the term "a second or subsequent offense" found in subsection (8), a different subsection of KRS 218A.990 than the ones used to charge and try him.”
Rawlings v. Commonwealth (1979) ky “David Rawlings was convicted of the possession of controlled substances for the purpose of sale, KRS 218A.990, and sentenced to a term of five years' imprisonment in the penitentiary.”
Barclay v. Commonwealth (1973) kyctapp
— Ky. Rev. Stat. § 218A.990(4)(a) — 1 case
Woods v. Commonwealth (1990) ky “All this is based on a definition of the term "a second or subsequent offense" found in subsection (8), a different subsection of KRS 218A.990 than the ones used to charge and try him.”
— Ky. Rev. Stat. § 218A.990(5) — 6 cases
Commonwealth v. Burge (1997) ky “441, § 30), and selling marijuana within 1,000 yards of a school, KRS 218A.990(16) (repealed, Acts 1992, ch.”
Shelton v. Commonwealth (1996) kyctapp “990(5), and *821 of trafficking in marijuana within one thousand yards of a school, in violation of KRS 218A.990(16), as the result of a single sale of two marijuana cigarettes.”
Rudolph v. Commonwealth (1977) ky “” Similarly, the ensuing subsections of KRS 218A.990 provide enhanced punishment for less serious drug offenses that are committed subsequent to a first conviction.”
Sanders v. Commonwealth (1983) kyctapp
Hellard v. Commonwealth (1992) kyctapp
— Ky. Rev. Stat. § 218A.990(6) — 1 case
Rudolph v. Commonwealth (1977) ky “” Similarly, the ensuing subsections of KRS 218A.990 provide enhanced punishment for less serious drug offenses that are committed subsequent to a first conviction.”
— Ky. Rev. Stat. § 218A.990(6)(a) — 1 case
Jacobs v. Commonwealth (1977) ky
— Ky. Rev. Stat. § 218A.990(6)(b) — 1 case
Commonwealth v. Collins (1991) ky “This Court, like the Court of Appeals, believes that in order to properly resolve this issue, we must first come to grips with the legal effect of the statutory presumption contained in KRS 218A.990(6)(b), which at the time of the offense in the present case stated as follows:…”
— Ky. Rev. Stat. § 218A.990(6)(c) — 1 case
McRay v. Commonwealth (1984) kyctapp
— Ky. Rev. Stat. § 218A.990(6)(g) — 2 cases
Rudolph v. Commonwealth (1977) ky “” Similarly, the ensuing subsections of KRS 218A.990 provide enhanced punishment for less serious drug offenses that are committed subsequent to a first conviction.”
Jacobs v. Commonwealth (1977) ky
— Ky. Rev. Stat. § 218A.990(6)(i) — 2 cases
Rudolph v. Commonwealth (1977) ky “” Similarly, the ensuing subsections of KRS 218A.990 provide enhanced punishment for less serious drug offenses that are committed subsequent to a first conviction.”
Byrd v. Commonwealth (1986) kyctapp
— Ky. Rev. Stat. § 218A.990(7) — 7 cases
Commonwealth v. Welch (1993) ky “" It provides for criminal punishment as a deterrent in only one instance: The Maternal Health Act amends KRS 218A.990 covering penalties for those found guilty of trafficking in or possessing drugs, to add a new subparagraph as follows: "(19) Any person who traffics in a…”
Rawlings v. Commonwealth (1979) ky “David Rawlings was convicted of the possession of controlled substances for the purpose of sale, KRS 218A.990, and sentenced to a term of five years' imprisonment in the penitentiary.”
Dunn v. Commonwealth (1985) ky
Cooper v. Commonwealth (1979) kyctapp
Sanders v. Commonwealth (1983) kyctapp
— Ky. Rev. Stat. § 218A.990(8)(i) — 1 case
Byrd v. Commonwealth (1986) kyctapp
— Ky. Rev. Stat. § 218A.990(9) — 1 case
Matter of Marquardt (1989) ariz
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