Kroth v. Commonwealth , 737 S.W.2d 680 ( 1987 )

GANT, Justice,

concurring.

Appellant contends that his separate convictions of trafficking in controlled substances constitute double jeopardy, arguing that KRS 218A.140(1) provides that “no person shall traffick in any controlled sub-stance_” Thus, appellant contends, his possession for sale of Schedule III and Schedule IV types of controlled substances constitutes but one offense, not one offense for each schedule. I do not agree. KRS Chapter 218A provides for five separate and different classifications of controlled substances, each of which clarifications has separate and distinct criteria and a separate list of compounds. KRS 218A.990 provides a schedule of penalties, ranging from 5 to 10 years imprisonment and/or $5,000 to $10,000 fine for Schedule I and II; a misdemeanor for Schedules IV and V under certain circumstances. It is inconceivable that the legislature intended only one offense under these circumstances.

I concur with the remainder of the opinion.