Kentucky Revised Statutes
Chapter 218A - Controlled substances
218A.005 Legislative findings and declarations.

Kentucky Revised Statutes

Chapter 218A - Controlled substances

218A.005 Legislative findings and declarations.

218A.010 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218A.030 Repealed, 2017.

218A.040 Criteria for classification under Schedule I.

218A.050 Repealed, 2017.

218A.060 Criteria for classification under Schedule II.

218A.070 Repealed, 2017.

218A.080 Criteria for classification under Schedule III.

218A.090 Repealed, 2017.

218A.100 Criteria for classification under Schedule IV.

218A.110 Repealed, 2017.

218A.120 Criteria for classification under Schedule V.

218A.130 Repealed, 2017.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, 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.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.1418 Repealed, 2013.

218A.142 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.1426 Repealed, 2012.

218A.1427 Repealed, 2012.

218A.1428 Repealed, 2012.

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.1435 Repealed, 2000.

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...

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.1453 Repealed, 2012.

218A.1454 Repealed, 2012.

218A.1455 Repealed, 2012.

218A.150 Repealed, 2018.

218A.160 Repealed, 2018.

218A.170 Sale, distribution, administration, or prescription of controlled substances by licensed manufacturers, distributors, wholesalers, pharmacists, or practitioners -- Nontoxic compositions for safe disposal of controlled substances -- Duties of...

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...

218A.180 Dispensing of controlled substance with prescription -- Duties of pharmacist -- Penalties.

218A.182 Electronic prescribing of controlled substances required -- Exceptions -- Duties of pharmacist -- Administrative regulations.

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...

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 -- Presumption of medical necessi...

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,...

218A.245 Reciprocal agreements or contracts with other states, jurisdictions, counties, or political subdivisions or with an administering organization to share prescription drug monitoring information.

218A.250 Regulations -- Hearings.

218A.260 Repealed, 1992.

218A.270 Repealed, 1984.

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 ope...

218A.425 Valuation of property retained for official use.

218A.430 Repealed, 1990.

218A.435 Repealed, 2007.

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 -- Retail pharmacy exception -- Penalties...

218A.510 Factors to be considered in determining whether object is drug paraphernalia.

218A.990 Repealed, 1992.

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.