Title XVIII, Public Health
24 chapters · 1,604 sections in this title.
KRS § 218A.005 Legislative findings and declarations
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The General Assembly hereby finds, determines, and declares that: (1) The regulation of controlled substances in this Commonwealth is important and necessary for the preservation of public safety and public health; and (2) Successful, community-based treatment can be used as an e…
KRS § 218A.010 Definitions for chapter
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As used in this chapter, unless the context otherwise requires: (1) "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 …
KRS § 218A.015 Definitions of mental states
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When used in this chapter, the terms "intentionally," "knowingly," "wantonly," and "recklessly," including but not limited to equivalent terms such as "with intent," shall have the same definition and the same principles shall apply to their use as those terms are defined and use…
KRS § 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
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Control of substances rescheduled under federal law -- Office of Drug Control Policy may request scheduling of substances meeting criteria. (1) The Cabinet for Health and Family Services shall administer this chapter and may by administrative regulation add substances to or delet…
KRS § 218A.025 Controlled Substances Prescribing Council -- Membership -- Duties -- Report
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Report. (1) The Controlled Substances Prescribing Council is hereby established under the Office of the Inspector General. The council shall consist of the following fifteen (15) members: (a) The Inspector General of the Cabinet for Health and Family Services, who shall serve as …
KRS § 218A.040 Criteria for classification under Schedule I
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The Cabinet for Health and Family Services shall place a substance in Schedule I if it finds that the substance: (1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical sup…
KRS § 218A.060 Criteria for classification under Schedule II
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The Cabinet for Health and Family Services shall place a substance in Schedule II if it finds that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with sever…
KRS § 218A.080 Criteria for classification under Schedule III
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The Cabinet for Health and Family Services shall place a substance in Schedule III if it finds that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in the United …
KRS § 218A.100 Criteria for classification under Schedule IV
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The Cabinet for Health and Family Services shall place a substance in Schedule IV if it finds that: (1) The substance has a low potential for abuse relative to substances in Schedule III; (2) The substance has currently accepted medical use in treatment in the United States; and …
KRS § 218A.120 Criteria for classification under Schedule V
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The Cabinet for Health and Family Services shall place a substance in Schedule V if it finds that: (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; (2) The substance has currently accepted medical use in treatment in the U…
KRS § 218A.133 Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose
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drug paraphernalia if seeking assistance with drug overdose. (1) As used in this section: (a) "Drug overdose" means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death which reasonably appears to be the result o…
KRS § 218A.135 Pretrial release of defendant charged with offense for which conviction may result in presumptive probation
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may result in presumptive probation. (1) Any statute to the contrary notwithstanding, a defendant charged with an offense under this chapter for which a conviction may result in presumptive probation shall be placed on pretrial release on his or her own recognizance or on unsecur…
KRS § 218A.136 Utilization of faith-based residential treatment program -- Conditions
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(1) An offender charged with a felony pursuant to this chapter who is not charged with a violent offense, who is eligible for diversion or deferred prosecution of his or her sentence, and whose diversion or deferred prosecution plan involves substance use disorder treatment may b…
KRS § 218A.140 Prohibited acts relating to controlled substances -- Penalties
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(1) (a) No person shall obtain or attempt to obtain a prescription for a controlled substance by knowingly misrepresenting to, or knowingly withholding information from, a practitioner. (b) No person shall procure or attempt to procure the administration of a controlled substance…
KRS § 218A.1401 Selling controlled substances other than salvia to minor -- Penalties
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Penalties. (1) A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than salvia to any person under eighteen (18) years of…
KRS § 218A.1402 Criminal conspiracy to commit offense in KRS Chapter 218A -- Penalties
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Penalties. Except as provided in KRS 506.040(3), any person who commits a criminal conspiracy as defined in KRS 506.040 to commit any offense in this chapter shall be subject to the same penalties as provided for the underlying offense as specified in this chapter.
KRS § 218A.1403 Advertising controlled substance -- Penalties
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(1) No person shall advertise through any media other than a professional or trade publication any controlled substance by either its "trade name" or by its generic or formulary name. (2) Any person who violates subsection (1) of this section shall be guilty of a Class B misdemea…
KRS § 218A.1404 Prohibited activities relating to controlled substances -- Penalties
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(1) No person shall traffic in any controlled substance except as authorized by law. (2) No person shall possess any controlled substance except as authorized by law. (3) No person shall dispense, prescribe, distribute, or administer any controlled substance except as authorized …
KRS § 218A.1405 Use and investment of drug-related income -- Penalties
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(1) It shall be unlawful for any person who has knowingly received any income derived directly or indirectly from trafficking in a controlled substance to use or invest any part of that income, or any proceeds thereof, to acquire any property, or to establish or operate any comme…
KRS § 218A.141 Additional penalties for trafficking in controlled substance other than salvia or marijuana
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salvia or marijuana. Any person convicted of, pleading guilty to, or entering an Alford plea to any offense involving trafficking in a controlled substance, other than trafficking in salvia or marijuana, shall, in addition to any other penalty authorized by law, be sentenced to: …
KRS § 218A.1410 Importing heroin, carfentanil, fentanyl, or fentanyl derivatives
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(1) A person is guilty of importing heroin, carfentanil, fentanyl, or fentanyl derivatives when he or she knowingly and unlawfully transports any quantity of heroin, carfentanil, fentanyl, or fentanyl derivatives into the Commonwealth by any means with the intent to sell or distr…
KRS § 218A.1411 Trafficking in controlled substance in or near school -- Exception for misdemeanor salvia offenses -- Penalty
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misdemeanor salvia offenses -- Penalty. (1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located…
KRS § 218A.1412 Trafficking in controlled substance in first degree -- Penalties
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(1) A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in: (a) Four (4) grams or more of cocaine; (b) Two (2) grams or more of methamphetamine; (c) Ten (10) or more dosage units of a controlled substanc…
KRS § 218A.1413 Trafficking in controlled substance in second degree -- Penalties
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(1) A person is guilty of trafficking in a controlled substance in the second degree when: (a) He or she knowingly and unlawfully traffics in: 1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; or specified in …
KRS § 218A.1414 Trafficking in controlled substance in third degree -- Penalties
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(1) A person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in: (a) Twenty (20) or more dosage units of a controlled substance classified in Schedules IV or V; or (b) Any quantity of a controlled substance s…
KRS § 218A.14141 Trafficking in a misrepresented controlled substance
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(1) A person is guilty of trafficking in a misrepresented controlled substance when he or she knowingly and unlawfully sells or distributes any Schedule I controlled substance, carfentanil, or fentanyl while misrepresenting the identity of the Schedule I controlled substance, car…
KRS § 218A.1415 Possession of controlled substance in first degree -- Penalties
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(1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses: (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug; (b) A controlled substance analogue; (c) Methamphetamin…
KRS § 218A.14151 Deferred prosecution program for first and second offenders of KRS 218A.1415
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218A.1415. (1) A defendant charged with his or her first or second offense under KRS 218A.1415 may enter a deferred prosecution program subject to the following provisions: (a) The defendant requests deferred prosecution in writing on an application created under KRS 27A.099, and…
KRS § 218A.1416 Possession of controlled substance in second degree -- Penalties
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(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 cla…
KRS § 218A.1417 Possession of controlled substance in third degree -- Penalties
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(1) A person is guilty of possession of a controlled substance in the third degree when he or she knowingly and unlawfully possesses a controlled substance classified in Schedules IV or V. (2) Possession of a controlled substance in the third degree is a Class A misdemeanor.
KRS § 218A.142 Aggravated trafficking in controlled substance in first degree
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(1) A person is guilty of aggravated trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in: (a) One hundred (100) grams or more of heroin; (b) Twenty-eight (28) grams or more of fentanyl; or (c) Ten (10) grams or more of car…
KRS § 218A.1421 Trafficking in marijuana -- Penalties
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(1) A person is guilty of trafficking in marijuana when he or she knowingly and unlawfully traffics in marijuana, and the trafficking is not in compliance with, or otherwise authorized by, KRS Chapter 218B. (2) Unless authorized by KRS Chapter 218B, trafficking in less than eight…
KRS § 218A.1422 Possession of marijuana -- Penalty -- Maximum term of incarceration
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(1) A person is guilty of possession of marijuana when he or she knowingly and unlawfully possesses marijuana, and the possession is not in compliance with, or otherwise authorized by, KRS Chapter 218B. (2) Possession of marijuana is a Class B misdemeanor, except that, KRS Chapte…
KRS § 218A.1423 Marijuana cultivation -- Penalties
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(1) A person is guilty of marijuana cultivation when he or she knowingly and unlawfully plants, cultivates, or harvests marijuana with the intent to sell or transfer it, and the cultivation is not in compliance with, or otherwise authorized by, KRS Chapter 218B. (2) Unless author…
KRS § 218A.1430 Trafficking in synthetic drugs -- Penalties -- Affirmative defense -- Possession of synthetic drugs -- Penalties
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Possession of synthetic drugs -- Penalties. (1) (a) A person is guilty of trafficking in synthetic drugs when he or she knowingly and unlawfully traffics in synthetic drugs. (b) Trafficking in synthetic drugs is a Class D felony for the first offense and a Class C felony for each…
KRS § 218A.1431 Definitions for KRS 218A.1431 to 218A.1438 and KRS 218A.141
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As used in KRS 218A.1431 to 218A.1438 and KRS 218A.141, the following definitions apply: (1) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of methamphetamine, or possession with intent to manufacture, either directly or indir…
KRS § 218A.1432 Manufacturing methamphetamine -- Penalties
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(1) A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or (b) With intent to manufacture methamphetamine possesses two (2) or more chemicals or two (2) or more items of equipment for the manufacture of methamphe…
KRS § 218A.1437 Unlawful possession of a methamphetamine precursor -- Prima facie evidence of intent -- Penalties
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evidence of intent -- Penalties. (1) A person is guilty of unlawful possession of a methamphetamine precursor when he or she knowingly and unlawfully possesses a drug product or combination of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their s…
KRS § 218A.1438 Unlawful distribution of a methamphetamine precursor -- Penalties
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(1) Notwithstanding KRS 218A.1446, a person is guilty of unlawful distribution of a methamphetamine precursor when he or she knowingly and unlawfully sells, transfers, distributes, dispenses, or possesses with the intent to sell, transfer, distribute, or dispense any drug product…
KRS § 218A.1439 Trafficking in or transferring a dietary supplement -- Exceptions -- Penalties
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Penalties. (1) A person is guilty of trafficking in or transferring a dietary supplement when he or she traffics in or transfers any dietary supplement product containing ephedrine group alkaloids, except as provided in this section. (2) The prohibition in subsection (1) of this …
KRS § 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
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Office of Drug Control Policy with updated information on certain drug offenders -- Convicting court to inform defendant of restrictions. (1) (a) Notwithstanding KRS 218A.1446, it shall be unlawful for a person convicted after July 12, 2013, of any offense in this chapter relatin…
KRS § 218A.1441 Controlled substance endangerment to a child in the first degree -- Penalty
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Penalty. (1) A person is guilty of controlled substance endangerment to a child in the first degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemi…
KRS § 218A.1442 Controlled substance endangerment to a child in the second degree -- Penalty
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Penalty. (1) A person is guilty of controlled substance endangerment to a child in the second degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chem…
KRS § 218A.1443 Controlled substance endangerment to a child in the third degree -- Penalty
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Penalty. (1) A person is guilty of controlled substance endangerment to a child in the third degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemi…
KRS § 218A.1444 Controlled substance endangerment to a child in the fourth degree -- Penalty
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Penalty. (1) A person is guilty of controlled substance endangerment to a child in the fourth degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chem…
KRS § 218A.1446 Requirements for dispensing of ephedrine-based products -- Log or recordkeeping mechanism -- Thirty-day quantity limitation on ephedrine-based products -- Exceptions -- Preemption of local laws -- Blocking mechanism -- Annual report
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recordkeeping mechanism -- Thirty-day quantity limitation on ephedrine- based products -- Exceptions -- Preemption of local laws -- Blocking mechanism -- Annual report. (1) Any compound, mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or …
KRS § 218A.1447 Restrictions on possession of dextromethorphan and sale of products containing dextromethorphan
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containing dextromethorphan. (1) A person, other than a medical facility, medical practitioner, pharmacist, pharmacy intern, pharmacy technician, pharmacy licensed or registered under KRS Chapter 315, or registrant under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. secs. 3…
KRS § 218A.1448 Offenses relating to purchases of products containing dextromethorphan by minors
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dextromethorphan by minors. (1) No person shall aid or assist any person under eighteen (18) years of age in purchasing any product containing dextromethorphan. (2) A person under eighteen (18) years of age shall not misrepresent his or her age for the purpose of inducing a retai…
KRS § 218A.1449 Penalties for violation of KRS 218A.1447 or 218A.1448
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(1) Any person who violates KRS 218A.1447(1) shall be subject to a fine of one thousand dollars ($1,000) for the first violation and two thousand five hundred dollars ($2,500) for each subsequent violation. (2) Any person who knowingly violates KRS 218A.1447(2) shall be subject t…
KRS § 218A.1450 Trafficking in salvia -- Penalty
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(1) A person is guilty of trafficking in salvia when he or she knowingly and unlawfully traffics in salvia for human consumption. (2) Trafficking in salvia is a Class A misdemeanor.