(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.
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