(1) A person is guilty of possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses: a controlled substance classified in Schedules I or II which is not a narcotic drug; or specified in KRS
218A.1415; or a controlled substance classified in Schedule III; but not synthetic drugs, salvia, or marijuana.

Terms Used In Kentucky Statutes 218A.1416

  • Drug: means : (a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Kentucky Statutes 218A.010
  • In-person: includes telehealth examinations. See Kentucky Statutes 218A.010
  • Marijuana: means all parts of the plant Cannabis sp. See Kentucky Statutes 218A.010
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. See Kentucky Statutes 218A.010
  • Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
  • Salvia: means Salvia divinorum or Salvinorin A and includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of that plant, and every compound, manufacture, derivative, mixture, or preparation of that plant, its seeds, or its extracts, including salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation of that plant, its seeds, or extracts. See Kentucky Statutes 218A.010
  • Synthetic drugs: means any synthetic cannabinoids or piperazines or any synthetic cathinones. See Kentucky Statutes 218A.010

(2) Possession of a controlled substance in the second degree is a Class A
misdemeanor.
Effective: April 11, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 10, effective April 11, 2012. — Amended 2011 Ky. Acts ch. 2, sec. 13, effective June 8, 2011; and ch. 45, sec. 10, effective March 16, 2011. — Amended 2010 Ky. Acts ch. 149, sec. 11, effective April 13, 2010; and ch. 160, sec. 11, effective April 26, 2010. — Amended 1998 Ky. Acts ch. 606, sec. 66, effective July 15, 1998. — Created 1992 Ky. Acts ch. 441, sec.
16, effective July 14, 1992.