Kentucky Statutes 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 by law.
For details, see § 532.060 and § 532.090
(4) Unless another specific penalty is provided in this chapter, any person who violates the provisions of subsection (1) or (3) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for subsequent offenses and any person who violates the provisions of subsection (2) of this section shall be guilty of a Class A misdemeanor.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 7, effective June 8, 2011. — Created 1992
Ky. Acts ch. 441, sec. 27, effective July 14, 1992.
(3) No person shall dispense, prescribe, distribute, or administer any controlled substance except as authorized by law.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 218A.1404
- 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 or her authorized agent under his or her immediate supervision and pursuant to his or her order. See Kentucky Statutes 218A.010 - Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Kentucky Statutes 218A.010
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See Kentucky Statutes 218A.010
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
(4) Unless another specific penalty is provided in this chapter, any person who violates the provisions of subsection (1) or (3) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for subsequent offenses and any person who violates the provisions of subsection (2) of this section shall be guilty of a Class A misdemeanor.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 7, effective June 8, 2011. — Created 1992
Ky. Acts ch. 441, sec. 27, effective July 14, 1992.