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218A.1421 Trafficking in marijuana -- Penalties.

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218A.1421 Trafficking in marijuana -- Penalties. (1) A person is guilty of trafficking in marijuana when he knowingly and unlawfully traffics in marijuana. (2) Trafficking in less than eight (8) ounces of marijuana is: (a) For a first offense a Class A misdemeanor. <br>(b) For a second or subsequent offense a Class D felony. (3) Trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana is: <br>(a) For a first offense a Class D felony. <br>(b) For a second or subsequent offense a Class C felony. (4) Trafficking in five (5) or more pounds of marijuana is: (a) For a first offense a Class C felony. <br>(b) For a second or subsequent offense a Class B felony. (5) 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 <br>to sell or transfer it. Effective: July 14, 1992 <br>History: Created 1992 Ky. Acts ch. 441, sec. 18, effective July 14, 1992.