Title XVIII, Public Health
24 chapters · 1,822 sections in this title.
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 § 218B.145 Kentucky Center for Cannabis to make notifications regarding qualifying medical condition to be added
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qualifying medical condition to be added. If the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exist to demonstrate that an individual diagnosed with that specific medical condition or disease is…
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.
KRS § 218A.1451 Possession of salvia -- Penalty -- Maximum term of incarceration
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(1) A person is guilty of possession of salvia when he or she knowingly and unlawfully possesses salvia for human consumption. (2) Possession of salvia is a Class B misdemeanor, except that, KRS Chapter 532 to the contrary notwithstanding, the maximum term of incarceration shall …
KRS § 218A.1452 Salvia cultivation -- Penalty
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(1) A person is guilty of salvia cultivation when he or she knowingly and unlawfully plants, cultivates, or harvests salvia with the intent to sell or transfer it for human consumption. (2) Salvia cultivation is a Class A misdemeanor.
KRS § 218B.150 No requirement for reimbursement of medicinal cannabis use
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Nothing in this chapter shall require a government medical assistance program, private health insurer, property and casualty insurance carrier, workers' compensation carrier, or self-funded employer providing workers' compensation benefits to reimburse a person for costs associat…
KRS § 218B.155 KRS 138.870 to 138.889 inapplicable to medicinal cannabis in compliance with this chapter
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with this chapter. The provisions of KRS 138.870 to 138.889 shall not apply to any individual or entity for: (1) Any amount of medicinal cannabis that is necessary or reasonably necessary for use of a license or registry identification card issued by the cabinet; or (2) Any use o…
KRS § 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 pharmacists and practitioners -- Penalties
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substances by licensed manufacturers, distributors, wholesalers, pharmacists, or practitioners -- Nontoxic compositions for safe disposal of controlled substances -- Duties of pharmacists and practitioners -- Penalties. (1) A duly licensed manufacturer, distributor, or wholesaler…
KRS § 218A.171 Electronic prescribing
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(1) Electronic prescribing of a controlled substance under this chapter shall not interfere with a patient's freedom to select a pharmacy. (2) Electronic prescribing software used by a practitioner to prescribe a controlled substance under this chapter may include clinical messag…
KRS § 218A.172 Administrative regulations on prescribing or dispensing of Schedule II controlled substance -- Continuing course of treatment -- Recordkeeping -- Exemptions
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controlled substance -- Continuing course of treatment -- Recordkeeping -- Exemptions. (1) Administrative regulations promulgated under KRS 218A.205(3) shall require that, prior to the initial prescribing or dispensing of any Schedule II controlled substance to a human patient, a…
KRS § 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 condition -- Penalty for violation
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activities permitted to qualifying facilities -- Certification requirements -- Payment for services rendered or goods provided -- Compliance with section as additional licensure condition -- Penalty for violation. (1) (a) As used in this section, "pain management facility" means …
KRS § 218A.180 Dispensing of controlled substance with prescription -- Duties of pharmacist -- Penalties
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pharmacist -- Penalties. (1) Except when dispensed directly by a practitioner to an ultimate user, no controlled substance listed in Schedule II may be dispensed without the written, facsimile, electronic, or oral prescription of a practitioner. A prescription for a controlled su…
KRS § 218A.182 Electronic prescribing of controlled substances required -- Exceptions -- Duties of pharmacist -- Administrative regulations
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Duties of pharmacist -- Administrative regulations. (1) Notwithstanding KRS 218A.180 or any other state law to the contrary, beginning January 1, 2021, no practitioner shall issue any prescription for a controlled substance unless the prescription is made by electronic prescripti…
KRS § 218A.185 Automated pharmacy system in residential hospice facilities
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(1) As used in this section: (a) "Automated pharmacy system" means a mechanical system that delivers prescribed over-the-counter and legend drugs, and controlled substances received from a pharmacy licensed in Kentucky that maintains transaction information; and (b) "Residential …
KRS § 218A.190 Exempt codeine preparations
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(1) Nonprescription medicinal preparations that contain in one hundred (100) milliliters, or as a solid or semisolid preparation, in one hundred (100) grams, not more than two hundred (200) milligrams of codeine or its salts may be sold over the counter subject to the following c…
KRS § 218A.200 Record-keeping and inventory requirements -- Penalties
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(1) Every practitioner who is authorized to administer or professionally use controlled substances, shall keep a record of substances received by him, and a record of all substances administered, dispensed, or professionally used by him otherwise than by prescription. Every such …
KRS § 218A.202 Definitions for section -- 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 -- Procedures for monitoring medicinal cannabis -- Quarterly reviews to identify patterns of improper prescribing or dispensing -- Administrative regulations -- Collection and retention of drug conviction data
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substances -- Required registration and reporting -- Penalty for illegal use of system -- Continuing education programs -- Reports of failure to comply with section -- Procedures for monitoring medicinal cannabis -- Quarterly reviews to identify patterns of improper prescribing o…
KRS § 218A.204 Administrative regulations to establish security requirements for prescriptions -- Waiver
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prescriptions -- Waiver. The Cabinet for Health and Family Services shall promulgate administrative regulations in accordance with KRS Chapter 13A that establish security requirements for all prescriptions written by practitioners. The administrative regulations shall include a p…
KRS § 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 necessity -- Complaint procedure -- Criminal record check
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of controlled substances -- Administrative regulations for prescribing and dispensing protocols and licensure actions and requirements -- Presumption of medical necessity -- Complaint procedure -- Criminal record check. (1) As used in this section: (a) "Reporting agency" includes…
KRS § 218A.210 Controlled substances may be possessed only in original container -- Penalties
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Penalties. (1) A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed, by a practitioner or other person authorized under this chapter, may lawfully possess it only in the container in which it was delivered to him by the person selling…