§ 218A.005 Legislative findings and declarations
§ 218A.010 Definitions for chapter. (Effective until June 29, 2017)
§ 218A.010 v2 Definitions for chapter
§ 218A.015 Definitions of mental states
§ 218A.020 Cabinet for Health and Family Services to administer chapter — Control of substances rescheduled under federal law — Office of Drug Control Policy may request scheduling of substances meeting criteria
§ 218A.020 v2 Cabinet for Health and Family Services to administer chapter — Control of substances rescheduled under federal law — Office of Drug Control Policy may request scheduling of substances similar to synthetic drugs. (Effective until June 29, 2017)
§ 218A.030 Controlled substances — How scheduled. (Effective until June 29, 2017)
§ 218A.040 Criteria for classification under Schedule I
§ 218A.050 Schedule I controlled substances. (Effective until June 29, 2017)
§ 218A.060 Criteria for classification under Schedule II
§ 218A.070 Schedule II controlled substances. (Effective until June 29, 2017)
§ 218A.080 Criteria for classification under Schedule III
§ 218A.090 Schedule III controlled substances. (Effective until June 29, 2017)
§ 218A.100 Criteria for classification under Schedule IV
§ 218A.110 Schedule IV controlled substances. (Effective until June 29, 2017)
§ 218A.120 Criteria for classification under Schedule V
§ 218A.130 Schedule V controlled substances. (Effective until June 29, 2017)
§ 218A.133 Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose
§ 218A.135 Pretrial release of defendant charged with offense for which conviction may result in presumptive probation
§ 218A.136 Utilization of faith-based residential treatment program — Conditions
§ 218A.140 Prohibited acts relating to controlled substances — Penalties
§ 218A.1401 Selling controlled substances other than salvia to minor — Penalties
§ 218A.1402 Criminal conspiracy to commit offense in KRS Chapter 218A — Penalties
§ 218A.1403 Advertising controlled substance — Penalties
§ 218A.1404 Prohibited activities relating to controlled substances — Penalties
§ 218A.1405 Use and investment of drug-related income — Penalties
§ 218A.141 Additional penalties for trafficking in controlled substance other than salvia or marijuana
§ 218A.1410 Importing heroin. (Effective until June 29, 2017)
§ 218A.1410 v2 Importing heroin, carfentanil, fentanyl, or fentanyl derivatives
§ 218A.1411 Trafficking in controlled substance in or near school — Exception for misdemeanor salvia offenses — Penalty
§ 218A.1412 Trafficking in controlled substance in first degree — Penalties
§ 218A.1412 v2 Trafficking in controlled substance in first degree — Penalties. (Effective until June 29, 2017)
§ 218A.1413 Trafficking in controlled substance in second degree — Penalties
§ 218A.1414 Trafficking in controlled substance in third degree — Penalties
§ 218A.14141 Trafficking in a misrepresented controlled substance
§ 218A.1415 Possession of controlled substance in first degree — Penalties
§ 218A.14151 Deferred prosecution program for first and second offenders of KRS 218A.1415
§ 218A.1416 Possession of controlled substance in second degree — Penalties
§ 218A.1417 Possession of controlled substance in third degree — Penalties
§ 218A.142 Aggravated trafficking in controlled substance in first degree. (Effective until June 29, 2017)
§ 218A.142 v2 Aggravated trafficking in controlled substance in first degree
§ 218A.1421 Trafficking in marijuana — Penalties
§ 218A.1422 Possession of marijuana — Penalty — Maximum term of incarceration
§ 218A.1423 Marijuana cultivation — Penalties
§ 218A.1430 Trafficking in synthetic drugs — Penalties — Affirmative defense — Possession of synthetic drugs — Penalties
§ 218A.1431 Definitions for KRS 218A.1431 to 218A.1438 and KRS 218A.141
§ 218A.1432 Manufacturing methamphetamine — Penalties
§ 218A.1437 Unlawful possession of a methamphetamine precursor — Prima facie evidence of intent — Penalties
§ 218A.1438 Unlawful distribution of a methamphetamine precursor — Penalties
§ 218A.1439 Trafficking in or transferring a dietary supplement — Exceptions — Penalties
§ 218A.1440 Unlawful possession of ephedrine-based products — AOC to provide Office of Drug Control Policy with updated information on certain drug offenders — Convicting court to inform defendant of restrictions
§ 218A.1441 Controlled substance endangerment to a child in the first degree — Penalty
§ 218A.1442 Controlled substance endangerment to a child in the second degree — Penalty
§ 218A.1443 Controlled substance endangerment to a child in the third degree — Penalty
§ 218A.1444 Controlled substance endangerment to a child in the fourth degree — Penalty
§ 218A.1446 Requirements for dispensing of ephedrine-based products — Log or recordkeeping mechanism – Thirty-day and one-year quantity limitations on ephedrine-based products — Exceptions — Preemption of local laws – Blocking mechanism – Annual report
§ 218A.1447 Restrictions on possession of dextromethorphan and sale of products containing dextromethorphan
§ 218A.1448 Offenses relating to purchases of products containing dextromethorphan by minors
§ 218A.1449 Penalties for violation of KRS 218A.1447 or 218A.1448
§ 218A.1450 Trafficking in salvia — Penalty
§ 218A.1451 Possession of salvia — Penalty — Maximum term of incarceration
§ 218A.1452 Salvia cultivation — Penalty
§ 218A.150 License required to manufacture controlled substances
§ 218A.160 Criteria for issuance of license — Appeal
§ 218A.170 Sale, distribution, administration, or prescription of controlled substances by licensed manufacturers, distributors, wholesalers, pharmacists, or practitioners
§ 218A.171 Electronic prescribing
§ 218A.172 Administrative regulations on prescribing or dispensing of Schedule II controlled substance or Schedule III controlled substance containing hydrocodone — Continuing course of treatment — Recordkeeping — Exemptions
§ 218A.175 Pain management facilities — Physician ownership required — Additional activities permitted to qualifying facilities — Certification requirements — Payment for services rendered or goods provided — Compliance with section as additional licensure
§ 218A.180 Dispensing of controlled substance with prescription — Duties of pharmacist — Penalties
§ 218A.180 v2 Distribution by practitioner or pharmacist — Prescription requirements — Penalties. (Effective until June 29, 2017)
§ 218A.185 Automated pharmacy system in residential hospice facilities
§ 218A.190 Exempt codeine preparations
§ 218A.200 Record-keeping and inventory requirements — Penalties
§ 218A.202 Electronic system for monitoring controlled substances — Required registration and reporting — Penalty for illegal use of system — Continuing education programs — Reports of failure to comply with section — Quarterly reviews to identify patterns
§ 218A.202 v2 Electronic system for monitoring controlled substances — Required registration and reporting — Penalty for illegal use of system — Pilot or continuing project — Continuing education programs — Reports of failure to comply with section — Adminis
§ 218A.204 Administrative regulations to establish security requirements for prescriptions — Waiver
§ 218A.205 Reports of improper, inappropriate, or illegal prescribing or dispensing of controlled substances — Administrative regulations for prescribing and dispensing protocols and licensure actions and requirements — Complaint procedure — Criminal record
§ 218A.205 v2 Reports of improper, inappropriate, or illegal prescribing or dispensing of controlled substances — Administrative regulations for prescribing and dispensing protocols and licensure actions and requirements — Presumption of medical necessity — Com
§ 218A.210 Controlled substances may be possessed only in original container — Penalties
§ 218A.220 Persons exempt from chapter
§ 218A.230 Controlled substances — Possession, forfeiture, disposition — Records, inspection
§ 218A.240 Controlled substances — Duties and authority of state and local officers, Cabinet for Health and Family Services, and Kentucky Board of Pharmacy — Civil proceedings — Identification of trends — Identification of prescribers, dispensers, and patie
§ 218A.240 v2 Controlled substances — Duties and authority of state and local officers, Cabinet for Health and Family Services, and Kentucky Board of Pharmacy — Civil proceedings — Identification of trends — Identification of prescribers, dispensers, and patie
§ 218A.245 Reciprocal agreements or contracts with other states or administering organization to share prescription drug monitoring information
§ 218A.250 Regulations — Hearings
§ 218A.274 Pregnant women to receive priority by state-funded substance abuse treatment or recovery service providers
§ 218A.275 Assessment and treatment program for first offenders of possession of controlled substance — Rescission of treatment order — Voiding of conviction — Sealing of records
§ 218A.276 Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia — Rescission of treatment order — Voiding of conviction — Sealing of records
§ 218A.278 Pilot program to analyze outcomes and effectiveness of substance abuse treatment programs
§ 218A.280 Controlled substances — Communications with practitioner not privileged
§ 218A.281 Applicability of definitions in KRS 516.010 to KRS 218A.282 and 218A.284
§ 218A.282 Forgery of a prescription
§ 218A.284 Criminal possession of a forged prescription
§ 218A.286 Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank
§ 218A.288 Seizure of unlawful prescription
§ 218A.290 Administrative fines
§ 218A.300 Election whether or not to be tried under this chapter or prior law
§ 218A.310 Title for chapter
§ 218A.320 Criminal possession of a medical record — Penalties
§ 218A.322 Theft of a medical record — Penalties
§ 218A.324 Criminal falsification of a medical record — Penalties
§ 218A.350 Prohibited practices concerning substances that simulate controlled substances — Penalties
§ 218A.390 Prescription Monitoring Program Compact
§ 218A.391 Gubernatorial appointments to Prescription Monitoring Program Compact
§ 218A.405 Definitions for KRS 218A.405 to 218A.460
§ 218A.410 Property subject to forfeiture
§ 218A.415 Procedure for seizure of property
§ 218A.420 Procedure for disposal of seized and forfeited property — Distribution of proceeds — Administrative regulations on use of funds — Adoption of policies for seizure of forfeitable assets — Asset-forfeiture training — Vehicles — Joint operations
§ 218A.425 Valuation of property retained for official use
§ 218A.440 Statement filed listing property seized — Investigation of utilization of proceeds
§ 218A.450 Lien on forfeited property — Action by trustee — Release of lien
§ 218A.460 Jurisdiction — Ancillary hearing — Application of forfeiture procedures
§ 218A.500 Definitions for KRS 218A.500 and 218A.510 — Unlawful practices — Substance abuse treatment outreach program — Informing peace officer about presence of needles or other sharp objects before search — Penalties
§ 218A.510 Factors to be considered in determining whether object is drug paraphernalia
§ 218A.991 Revocation or denial of operator’s license
§ 218A.992 Enhancement of penalty when in possession of a firearm at the time of commission of offense
§ 218A.993 Penalty for chapter provisions without a specific penalty
§ 218A.994 Applicability of penalties in KRS Chapter 506 to this chapter

Terms Used In Kentucky Statutes > Chapter 218A

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (a) A practitioner or by his or her authorized agent under his or her immediate supervision and pursuant to his or her order. See Kentucky Statutes 218A.010
  • Anabolic steroid: means any drug or hormonal substance chemically and pharmacologically related to testosterone that promotes muscle growth and includes those substances listed in KRS 218A. See Kentucky Statutes 218A.010
  • Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
  • any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Business trust: includes , except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A. See Kentucky Statutes 446.010
  • Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 218A.010
  • Carfentanil: means any substance containing any quantity of carfentanil, or any of its salts, isomers, or salts of isomers. See Kentucky Statutes 218A.010 v2
  • Child: means any person under the age of majority as specified in KRS 2. See Kentucky Statutes 218A.010
  • City: includes town. See Kentucky Statutes 446.010
  • Cocaine: means a substance containing any quantity of cocaine, its salts, optical and geometric isomers, and salts of isomers. See Kentucky Statutes 218A.010
  • Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. See Kentucky Statutes 218A.010
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Kentucky Statutes 218A.010
  • Dispenser: means a person who lawfully dispenses a Schedule II, III, IV, or V controlled substance to or for the use of an ultimate user. See Kentucky Statutes 218A.010
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Kentucky Statutes 218A.010
  • Dosage unit: means a single pill, capsule, ampule, liquid, or other form of administration available as a single unit. See Kentucky Statutes 218A.010
  • 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
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fentanyl: means a substance containing any quantity of fentanyl, or any of its salts, isomers, or salts of isomers. See Kentucky Statutes 218A.010 v2
  • Hazardous chemical substance: includes any chemical substance used or intended for use in the illegal manufacture of a controlled substance as defined in this section or the illegal manufacture of methamphetamine as defined in KRS 218A. See Kentucky Statutes 218A.010
  • Heroin: means a substance containing any quantity of heroin, or any of its salts, isomers, or salts of isomers. See Kentucky Statutes 218A.010
  • Hydrocodone combination product: means a drug with: (a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of its salts, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. See Kentucky Statutes 218A.010
  • Immediate precursor: means a substance which is the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance or methamphetamine, the control of which is necessary to prevent, curtail, or limit manufacture. See Kentucky Statutes 218A.010
  • In-person: includes telehealth examinations. See Kentucky Statutes 218A.010
  • isomer: means the optical, positional, or geometric isomer. See Kentucky Statutes 218A.010
  • Marijuana: means all parts of the plant Cannabis sp. See Kentucky Statutes 218A.010
  • Month: means calendar month. See Kentucky Statutes 446.010
  • 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
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Kentucky Statutes 218A.010
  • Opium poppy: means the plant of the species papaver somniferum L. See Kentucky Statutes 218A.010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • 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
  • Pharmacist: means a natural person licensed by this state to engage in the practice of the profession of pharmacy. See Kentucky Statutes 218A.010
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Kentucky Statutes 218A.010
  • Practitioner: means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS 320. See Kentucky Statutes 218A.010
  • Prescription: means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. See Kentucky Statutes 218A.010
  • Presumptive probation: means a sentence of probation not to exceed the maximum term specified for the offense, subject to conditions otherwise authorized by law, that is presumed to be the appropriate sentence for certain offenses designated in this chapter, notwithstanding contrary provisions of KRS Chapter 533. See Kentucky Statutes 218A.010
  • Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Kentucky Statutes 218A.010
  • Recovery program: means an evidence-based, nonclinical service that assists individuals and families working toward sustained recovery from substance use and other criminal risk factors. See Kentucky Statutes 218A.010
  • Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have: (a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
  • 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
  • Second or subsequent offense: means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter, or under any statute of the United States, or of any state relating to substances classified as controlled substances or counterfeit substances, except that a prior conviction for a nontrafficking offense shall be treated as a prior offense only when the subsequent offense is a nontrafficking offense. 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
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Synthetic cannabinoids or piperazines: means any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with state and federal law, that contains Benzylpiperazine (BZP). See Kentucky Statutes 218A.010
  • Synthetic cathinones: means any chemical compound which is not approved by the United States Food and Drug Administration or, if approved, which is not dispensed or possessed in accordance with state and federal law (not including bupropion or compounds listed under a different schedule) structurally derived from 2- aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in one (1) or more of the following ways: (a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one (1) or more other univalent substituents. See Kentucky Statutes 218A.010
  • Synthetic drugs: means any synthetic cannabinoids or piperazines or any synthetic cathinones. See Kentucky Statutes 218A.010
  • Tetrahydrocannabinols: means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of the plant Cannabis, sp. See Kentucky Statutes 218A.010
  • Transfer: means to dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution. See Kentucky Statutes 218A.010
  • Treatment: when used in a criminal justice context, means targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Ultimate user: means a person who lawfully possesses a controlled substance for his or her own use or for the use of a member of his or her household or for administering to an animal owned by him or her or by a member of his or her household. See Kentucky Statutes 218A.010
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Year: means calendar year. See Kentucky Statutes 446.010