CHAPTER 218A. CONTROLLED SUBSTANCES  


005. Legislative findings and declarations.
010. Definitions for chapter.
015. Definitions of mental states.
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 similar to synthetic drugs.
030. Controlled substances -- How scheduled.
040. Criteria for classification under Schedule I.
050. Schedule I controlled substances.
060. Criteria for classification under Schedule II.
070. Schedule II controlled substances.
080. Criteria for classification under Schedule III.
090. Schedule III controlled substances.
100. Criteria for classification under Schedule IV.
110. Schedule IV controlled substances.
120. Criteria for classification under Schedule V.
130. Schedule V controlled substances.
135. Pretrial release of defendant charged with offense for which conviction may result in presumptive probation.
140. Prohibited acts relating to controlled substances -- Penalties.
1401. Selling controlled substances other than synthetic drugs or salvia to minor -- Penalties.
1402. Criminal conspiracy to commit offense in KRS Chapter 218A -- Penalties.
1403. Advertising controlled substance -- Penalties.
1404. Prohibited activities relating to controlled substances -- Penalties.
1405. Use and investment of drug-related income -- Penalties.
141. Additional penalties for trafficking in controlled substance other than salvia or marijuana.
1411. Trafficking in controlled substance in or near school -- Exception for misdemeanor salvia offenses -- Penalty.
1412. Trafficking in controlled substance in first degree -- Penalties.
1413. Trafficking in controlled substance in second degree -- Penalties.
1414. Trafficking in controlled substance in third degree -- Penalties.
1415. Possession of controlled substance in first degree -- Penalties.
14151. Deferred prosecution program for first and second offenders of KRS 218A.1415.
1416. Possession of controlled substance in second degree -- Penalties.
1417. Possession of controlled substance in third degree -- Penalties.
1418. Repealed, 2013. (Effective June 25, 2013) [Repealed]
1421. Trafficking in marijuana -- Penalties.
1422. Possession of marijuana -- Penalty -- Maximum term of incarceration.
1423. Marijuana cultivation -- Penalties.
1426. Repealed, 2012. [Repealed]
1427. Repealed, 2012. [Repealed]
1428. Repealed, 2012. [Repealed]
1430. Trafficking in synthetic drugs -- Penalties -- Affirmative defense -- Possession of synthetic drugs -- Penalty.
1431. Definitions for KRS 218A.1431 to 218A.1438 and KRS 218A.141.
1432. Manufacturing methamphetamine -- Penalties.
1435. Repealed, July 14, 2000. [Repealed]
1437. Unlawful possession of a methamphetamine precursor -- Prima facie evidence of intent -- Penalties.
1438. Unlawful distribution of a methamphetamine precursor -- Penalties.
1439. Trafficking in or transferring a dietary supplement -- Exceptions -- Penalties.
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.
1441. Controlled substance endangerment to a child in the first degree -- Penalty.
1442. Controlled substance endangerment to a child in the second degree -- Penalty.
1443. Controlled substance endangerment to a child in the third degree -- Penalty.
1444. Controlled substance endangerment to a child in the fourth degree -- Penalty.
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.
1450. Trafficking in salvia -- Penalty.
1451. Possession of salvia -- Penalty -- Maximum term of incarceration.
1452. Salvia cultivation -- Penalty.
1453. Repealed, 2012. [Repealed]
1454. Repealed, 2012. [Repealed]
1455. Repealed, 2012. [Repealed]
150. License required to manufacture controlled substances.
160. Criteria for issuance of license -- Appeal.
170. Sale, distribution, administration, or prescription of controlled substances by licensed manufacturers, distributors, wholesalers, pharmacists, or practitioners.
171. Electronic prescribing.
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.
175. Pain management facilities -- Physician ownership required -- Certification requirements -- Payment for services rendered or goods provided -- Compliance with section as additional licensure condition -- Penalty for violation.
180. Distribution by practitioner or pharmacist -- Prescription requirements -- Penalties.
185. Automated pharmacy system in residential hospice facilities.
190. Exempt codeine preparations.
200. Record-keeping and inventory requirements -- Penalties.
202. 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 -- Administrative regulations.
204. Administrative regulations to establish security requirements for prescriptions -- Waiver.
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 check.
210. Controlled substances may be possessed only in original container -- Penalties.
220. Persons exempt from chapter.
230. Controlled substances -- Possession, forfeiture, disposition -- Records, inspection.
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 patients for licensing board -- Review of hospital's or health care facility's prescribing and dispensing practices.
245. Reciprocal agreements or contracts with other states or administering organization to share prescription drug monitoring information.
250. Regulations -- Hearings.
260. Repealed, effective July 1, 1992. [Repealed]
270. Repealed, 1984. [Repealed]
275. Assessment and treatment program for first offenders of possession of controlled substance -- Rescission of treatment order -- Voiding of conviction -- Sealing of records.
276. Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia -- Rescission of treatment order -- Voiding of conviction -- Sealing of records.
280. Controlled substances -- Communications with practitioner not privileged.
281. Applicability of definitions in KRS 516.010 to KRS 218A.282 and 218A.284.
282. Forgery of a prescription.
284. Criminal possession of a forged prescription.
286. Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank.
288. Seizure of unlawful prescription.
290. Administrative fines.
300. Election whether or not to be tried under this chapter or prior law.
310. Title for chapter.
320. Criminal possession of a medical record -- Penalties.
322. Theft of a medical record -- Penalties.
324. Criminal falsification of a medical record -- Penalties.
350. Prohibited practices concerning substances that simulate controlled substances -- Penalties.
390. Prescription Monitoring Program Compact.
391. Gubernatorial appointments to Prescription Monitoring Program Compact.
Forfeited Property
405. Definitions for KRS 218A.405 to 218A.460.
410. Property subject to forfeiture.
415. Procedure for seizure of property.
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.
425. Valuation of property retained for official use.
430. Repealed, 1990. [Repealed]
435. Repealed, 2007. [Repealed]
440. Statement filed listing property seized -- Investigation of utilization of proceeds.
450. Lien on forfeited property -- Action by trustee -- Release of lien.
460. Jurisdiction -- Ancillary hearing -- Application of forfeiture procedures.
Drug Paraphernalia
500. Definitions for KRS 218A.500 and 218A.510 -- Unlawful practices -- Penalties.
510. Factors to be considered in determining whether object is drug paraphernalia.
Penalties
990. Repealed, 1992. [Repealed]
991. Revocation or denial of operator's license.
992. Enhancement of penalty when in possession of a firearm at the time of commission of offense.
993. Penalty for chapter provisions without a specific penalty.
994. Applicability of penalties in KRS Chapter 506 to this chapter.