KRS 218A.1414: Trafficking in controlled substance in third degree -- Penalties.

(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 co ntrolled 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 KR S

Chapter 532 to the contrary notwithstanding, the maximum sentence to

be imposed shall be no greater than three (3) years.