Ky. Rev. Stat. Ann. ch. 218A – Controlled Substances | Midpage

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Kentucky Revised Statutes

Chapter 218A

Ky. Rev. Stat. Ann. ch. 218A

Controlled Substances

Commonwealth of Kentucky

218A.005Legislative findings and declarations.218A.010Definitions for chapter. (Effective until July 15, 2026)218A.015Definitions of mental states.218A.020Cabinet 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.025Controlled Substances Prescribing Council -- Membership -- Duties -- Report.218A.040Criteria for classification under Schedule I.218A.060Criteria for classification under Schedule II.218A.080Criteria for classification under Schedule III.218A.100Criteria for classification under Schedule IV.218A.120Criteria for classification under Schedule V.218A.133Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose.218A.135Pretrial release of defendant charged with offense for which conviction may result in presumptive probation.218A.136Utilization of faith-based residential treatment program -- Conditions.218A.140Prohibited acts relating to controlled substances -- Penalties.218A.1401Selling controlled substances other than salvia to minor -- Penalties.218A.1402Criminal conspiracy to commit offense in KRS Chapter 218A -- Penalties.218A.1403Advertising controlled substance -- Penalties.218A.1404Prohibited activities relating to controlled substances -- Penalties.218A.1405Use and investment of drug-related income -- Penalties.218A.141Additional penalties for trafficking in controlled substance other than salvia or marijuana.218A.1410Importing heroin, carfentanil, fentanyl, or fentanyl derivatives.218A.1411Trafficking in controlled substance in or near school -- Exception for misdemeanor salvia offenses -- Penalty.218A.1412Trafficking in controlled substance in first degree -- Penalties.218A.1413Trafficking in controlled substance in second degree -- Penalties.218A.1414Trafficking in controlled substance in third degree -- Penalties.218A.14141Trafficking in a misrepresented controlled substance.218A.1415Possession of controlled substance in first degree -- Penalties.218A.14151Deferred prosecution program for first and second offenders of KRS 218A.1415.218A.1416Possession of controlled substance in second degree -- Penalties.218A.1417Possession of controlled substance in third degree -- Penalties.218A.142Aggravated trafficking in controlled substance in first degree.218A.1421Trafficking in marijuana -- Penalties.218A.1422Possession of marijuana -- Penalty -- Maximum term of incarceration.218A.1423Marijuana cultivation -- Penalties.218A.1430Trafficking in synthetic drugs -- Penalties -- Affirmative defense -- Possession of synthetic drugs -- Penalties.218A.1431Definitions for KRS 218A.1431 to 218A.1438 and KRS 218A.141.218A.1432Manufacturing methamphetamine -- Penalties.218A.1437Unlawful possession of a methamphetamine precursor -- Prima facie evidence of intent -- Penalties.218A.1438Unlawful distribution of a methamphetamine precursor -- Penalties.218A.1439Trafficking in or transferring a dietary supplement -- Exceptions -- Penalties.218A.1440Unlawful 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.1441Controlled substance endangerment to a child in the first degree -- Penalty.218A.1442Controlled substance endangerment to a child in the second degree -- Penalty.218A.1443Controlled substance endangerment to a child in the third degree -- Penalty.218A.1444Controlled substance endangerment to a child in the fourth degree -- Penalty.218A.1446Requirements 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.218A.1447Restrictions on possession of dextromethorphan and sale of products containing dextromethorphan.218A.1448Offenses relating to purchases of products containing dextromethorphan by minors.218A.1449Penalties for violation of KRS 218A.1447 or 218A.1448.218A.1450Trafficking in salvia -- Penalty.218A.1451Possession of salvia -- Penalty -- Maximum term of incarceration.218A.1452Salvia cultivation -- Penalty.218A.170Sale, 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.218A.171Electronic prescribing.218A.172Administrative regulations on prescribing or dispensing of Schedule II controlled substance or Schedule III controlled substance containing hydrocodone -- Continuing course of treatment -- Recordkeeping -- Exemptions. (Effective until July 15, 2026)218A.175Pain 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.218A.180Dispensing of controlled substance with prescription -- Duties of pharmacist -- Penalties.218A.182Electronic prescribing of controlled substances required -- Exceptions -- Duties of pharmacist -- Administrative regulations. (Effective until July 15, 2026)218A.185Automated pharmacy system in residential hospice facilities.218A.190Exempt codeine preparations.218A.200Record-keeping and inventory requirements -- Penalties.218A.202Definitions 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. (Effective until July 15, 2026)218A.204Administrative regulations to establish security requirements for prescriptions -- Waiver.218A.205Reports 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. (Effective until July 15, 2026)218A.210Controlled substances may be possessed only in original container -- Penalties.218A.220Persons exempt from chapter.218A.230Controlled substances -- Possession, forfeiture, disposition -- Records, inspection.218A.240Controlled 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 patients for licensing board -- Review of hospital's or health care facility's prescribing and dispensing practices -- Notice to patients of practitioner's loss of prescribing privileges.218A.245Reciprocal agreements or contracts with other states, jurisdictions, counties, or political subdivisions or with an administering organization to share prescription drug monitoring information. (Effective until July 15, 2026)218A.250Regulations -- Hearings.218A.274Pregnant women to receive priority by state-funded substance abuse treatment or recovery service providers.218A.275Assessment and treatment program for first offenders of possession of controlled substance -- Rescission of treatment order -- Voiding of conviction -- Sealing of records.218A.276Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of conviction -- Sealing of records.218A.278Pilot program to analyze outcomes and effectiveness of substance abuse treatment programs -- Definitions for section.218A.280Controlled substances -- Communications with practitioner not privileged.218A.281Applicability of definitions in KRS 516.010 to KRS 218A.282 and 218A.284.218A.282Forgery of a prescription.218A.284Criminal possession of a forged prescription.218A.286Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank.218A.288Seizure of unlawful prescription.218A.290Administrative fines.218A.300Election whether or not to be tried under this chapter or prior law.218A.310Title for chapter.218A.320Criminal possession of a medical record -- Penalties.218A.322Theft of a medical record -- Penalties.218A.324Criminal falsification of a medical record -- Penalties.218A.350Prohibited practices concerning substances that simulate controlled substances -- Penalties.218A.390Prescription Monitoring Program Compact.218A.391Gubernatorial appointments to Prescription Monitoring Program Compact.218A.405Definitions for KRS 218A.405 to 218A.460.218A.410Property subject to forfeiture.218A.415Procedure for seizure of property.218A.420Procedure 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.425Valuation of property retained for official use.218A.440Statement filed listing property seized -- Investigation of utilization of proceeds.218A.450Lien on forfeited property -- Action by trustee -- Release of lien.218A.460Jurisdiction -- Ancillary hearing -- Application of forfeiture procedures.218A.500Definitions 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 -- Narcotic drug testing products-- Penalties.218A.510Factors to be considered in determining whether object is drug paraphernalia.218A.991Revocation or denial of operator's license.218A.992Enhancement of penalty when in possession of a firearm at the time of commission of offense.218A.993Penalty for chapter provisions without a specific penalty.218A.994Applicability of penalties in KRS Chapter 506 to this chapter.