KRS 218A.1421: Trafficking in marijuana -- Penalties.

(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.