Kentucky Statutes 218A.230 – Controlled substances — Possession, forfeiture, disposition — Records, inspection
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All controlled substances, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited and disposed of as follows:
(1) Except as otherwise provided in this section, the court having jurisdiction shall order such controlled substances forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction, shall be kept.
(2) The court by whom the forfeiture of controlled substances has been decreed may order the delivery of same to the Cabinet for Health and Family Services for destruction. Practitioners, pharmacists, hospitals, and nursing homes may voluntarily surrender controlled substances to the Cabinet for Health and Family Services for destruction.
(3) The Cabinet for Health and Family Services shall keep a record of all substances received and of all substances disposed of, showing the exact kinds, quantities, and forms of such substances, the persons from whom received and the time, place, and manner of destruction.
(4) Prescriptions, orders, and records, required by this chapter, and stocks of controlled substances, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to controlled substances.
(5) No pharmacist, practitioner, manufacturer, or wholesaler or other custodian of records, prescriptions, or orders required by this chapter shall refuse to permit the inspection thereof by any federal, state, county or municipal officer whose duty it is to enforce the laws of this state or of the United States relating to controlled substances.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 545, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 486, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1972 Ky. Acts ch. 226, secs. 24 and 25.
(1) Except as otherwise provided in this section, the court having jurisdiction shall order such controlled substances forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction, shall be kept.
Terms Used In Kentucky Statutes 218A.230
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218A.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pharmacist: means a natural person licensed by this state to engage in the practice
of the profession of pharmacy. See Kentucky Statutes 218A.010 - Practitioner: means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS §. See Kentucky Statutes 218A.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) The court by whom the forfeiture of controlled substances has been decreed may order the delivery of same to the Cabinet for Health and Family Services for destruction. Practitioners, pharmacists, hospitals, and nursing homes may voluntarily surrender controlled substances to the Cabinet for Health and Family Services for destruction.
(3) The Cabinet for Health and Family Services shall keep a record of all substances received and of all substances disposed of, showing the exact kinds, quantities, and forms of such substances, the persons from whom received and the time, place, and manner of destruction.
(4) Prescriptions, orders, and records, required by this chapter, and stocks of controlled substances, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to controlled substances.
(5) No pharmacist, practitioner, manufacturer, or wholesaler or other custodian of records, prescriptions, or orders required by this chapter shall refuse to permit the inspection thereof by any federal, state, county or municipal officer whose duty it is to enforce the laws of this state or of the United States relating to controlled substances.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 545, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 486, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1972 Ky. Acts ch. 226, secs. 24 and 25.