(1) A person is guilty of trafficking in a controlled substance in the second degree when: (a) He or she knowingly and unlawfully traffics in: 1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic dr ug; or specified in KRS 218A.1412, and which is not a synthetic drug, salvia, or marijuana; or 2. Twenty (20) or more dosage units of a controlled substance classified in Schedule III; (b) He or she knowingly and unlawfully prescribes, distributes, supplie s, or sells an anabolic steroid for: 1. Enhancing human performance in an exercise, sport, or game; or 2. Hormonal manipulation intended to increase muscle mass, strength, or weight in the human species without a medical necessity; or (c) He or she knowing ly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph. (2) (a) Except as provided in paragraph (b) of this subsection, any person wh o violates the provisions of subsection (1) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(c) of this section shall be guilty of: 1. A Class D felony for the first offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years; and 2. A Class D felony for a second offense or subsequent offense.
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