218A.1421  Trafficking in marijuana -- Penalties.  (Partial)

(4)  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)  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.

218A.500  Definitions for KRS 218A.500 and 218A.510 -- Unlawful practices -- Penalties.

(Partial)

(1)  "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

(5)  Any person who violates any provision of this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for subsequent offenses.

218A.992  Enhancement of penalty when in possession of a firearm at the time of commission of offense.  (Partial)

(1)  Other provisions of law notwithstanding, any person who is convicted of any violation of this chapter who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:

      (a)  Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or

      (b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor.

Title 18 > Part II > Chapter 227 > Subchapter A > 3559

3559.  Sentencing Classification of Offenses (Partial)

(a)  Classification. -- An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is --

      (1)  life imprisonment, or if the maximum penalty is death, as a Class A felony;

      (2)  twenty-five years or more, as a Class B felony;

      (3)  less than twenty-five years but ten or more years, as a Class C felony;

      (4)  less than ten years but five or more years, as a Class D felony;

      (5)  less than five years but more than one year as a Class E felony;

      (6)  one year or less but more than six months, as a Class A misdemeanor;

      (7)  six months or less but more than thirty days, as a Class B misdemeanor;

      (8)  thirty days or less but more than five days, as a Class C misdemeanor;

      (9)  five days or less, or if no imprisonment is authorized, as an infraction.

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