Chapter 218A. Controlled Substances

• KY ST T. XVIII, Ch. 218A, Refs & Annos
• 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.025  Controlled Substances Prescribing Council;  Membership;  Duties;  Report
• 218a.030 Controlled Substances;  How Scheduled—Repealed
• 218a.040 Criteria for Classification Under Schedule I
• 218a.050 Schedule I Controlled Substances—Repealed
• 218a.060 Criteria for Classification Under Schedule II
• 218a.070 Schedule II Controlled Substances—Repealed
• 218a.080 Criteria for Classification Under Schedule III
• 218a.090 Schedule III Controlled Substances—Repealed
• 218a.100 Criteria for Classification Under Schedule IV
• 218a.110 Schedule IV Controlled Substances—Repealed
• 218a.120 Criteria for Classification Under Schedule V
• 218a.130 Schedule V Controlled Substances—Repealed
• 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 Theft of a Controlled Substance;  Not Considered Theft Under KRS Chapter 514—Repealed
• 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 (Effective Until January 1, 2025)
• 218a.1423 Marijuana Cultivation;  Penalties (Effective Until January 1, 2025)
• 218a.1426 Trafficking in Synthetic Cannabinoid Agonists or Piperazines;  Penalty—Repealed
• 218a.1427 Possession of Synthetic Cannabinoid Agonists or Piperazines;  Penalty;  Maximum Term of Incarceration—Repealed
• 218a.1428 Manufacture of Synthetic Cannabinoid Agonists or Piperazines;  Penalty—Repealed
• 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 Trafficking in Methamphetamine;  Penalties—Repealed
• 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 Report
• 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 Trafficking in Substituted Cathinones;  Penalty—Repealed
• 218a.1454 Possession of Substituted Cathinones; Penalty—Repealed
• 218a.1455 Manufacturing Substituted Cathinones;  Penalty—Repealed
• 218a.150 License Required to Manufacture Controlled Substances—Repealed
• 218a.160  Criteria for Issuance of License;  Appeal—Repealed
• 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
• 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 Licensure Condition;  Penalty for Violation
• 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 Definitions;  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
• 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 Necessity;  Complaint Procedure;  Criminal Record Check
• 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, 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.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 Controlled Substances;  Violation;  Use of Confidential Informants—Repealed
• 218a.270 Substances and Property, Subject to Forfeiture;  Procedure and Exemptions—Repealed
• 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
• Forfeited Property
• Drug Paraphernalia
• Penalties