Kentucky Statutes 138.870 – Definitions for KRS 138.870 to 138.889
Current as of: 2024 | Check for updates
|
Other versions
As used in KRS § 138.870 to KRS § 138.889, unless the context requires otherwise:
(1) “Controlled substance” means any controlled substance, whether real or counterfeit, as defined in KRS § 218A.010 or any regulation promulgated thereunder, except that it shall not include marijuana or medicinal cannabis;
(2) “Dosage unit” means a tablet, capsule, vial, or ampule of a controlled substance or, in cases of mass volume or diluted quantities, the proper dose or quantity of a controlled substance to be taken all at one (1) time or in fractional amounts within a given period, as defined and adopted by the United States Pharmacopeia;
(3) “Marijuana”:
(a) Means marijuana, whether real or counterfeit, as defined in KRS § 218A.010;
and
(b) Does not include medicinal cannabis as defined in KRS § 218B.010;
(4) “Offender” means a person who engages in this state in a taxable activity as defined in subsection (6) of this section;
(5) “Possessing” includes either actual possession or constructive possession, or a combination of both actual and constructive possession. Mere possession or ownership of real estate or an interest therein does not establish constructive possession; and
(6) “Taxable activity” means producing, cultivating, manufacturing, importing, transporting, distributing, acquiring, purchasing, storing, selling, using, or otherwise possessing, in violation of KRS Chapter 218A, more than five (5) marijuana plants with foliation, 42.5 grams of marijuana which has been detached from the plant on which it grew, seven (7) grams of any controlled substance, or fifty (50) or more dosage units of any controlled substance which is not sold by weight. The weight or dosage units in this subsection shall include the weight of marijuana or the weight or dosage units of the controlled substance, whether pure, impure, or diluted. A quantity of a controlled substance is diluted if it consists of a detectable quantity of a pure controlled substance and any excipients or fillers.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 146, sec. 31, effective June 29, 2023. — Amended 2001 Ky. Acts ch. 155, sec. 1, effective June 21, 2001. — Created 1994
Ky. Acts ch. 315, sec. 1, effective July 15, 1994.
Legislative Research Commission Note (6/29/2023). Under the authority of KRS
7.136(1), the Reviser of Statutes has renumbered the subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.
(1) “Controlled substance” means any controlled substance, whether real or counterfeit, as defined in KRS § 218A.010 or any regulation promulgated thereunder, except that it shall not include marijuana or medicinal cannabis;
Terms Used In Kentucky Statutes 138.870
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(2) “Dosage unit” means a tablet, capsule, vial, or ampule of a controlled substance or, in cases of mass volume or diluted quantities, the proper dose or quantity of a controlled substance to be taken all at one (1) time or in fractional amounts within a given period, as defined and adopted by the United States Pharmacopeia;
(3) “Marijuana”:
(a) Means marijuana, whether real or counterfeit, as defined in KRS § 218A.010;
and
(b) Does not include medicinal cannabis as defined in KRS § 218B.010;
(4) “Offender” means a person who engages in this state in a taxable activity as defined in subsection (6) of this section;
(5) “Possessing” includes either actual possession or constructive possession, or a combination of both actual and constructive possession. Mere possession or ownership of real estate or an interest therein does not establish constructive possession; and
(6) “Taxable activity” means producing, cultivating, manufacturing, importing, transporting, distributing, acquiring, purchasing, storing, selling, using, or otherwise possessing, in violation of KRS Chapter 218A, more than five (5) marijuana plants with foliation, 42.5 grams of marijuana which has been detached from the plant on which it grew, seven (7) grams of any controlled substance, or fifty (50) or more dosage units of any controlled substance which is not sold by weight. The weight or dosage units in this subsection shall include the weight of marijuana or the weight or dosage units of the controlled substance, whether pure, impure, or diluted. A quantity of a controlled substance is diluted if it consists of a detectable quantity of a pure controlled substance and any excipients or fillers.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 146, sec. 31, effective June 29, 2023. — Amended 2001 Ky. Acts ch. 155, sec. 1, effective June 21, 2001. — Created 1994
Ky. Acts ch. 315, sec. 1, effective July 15, 1994.
Legislative Research Commission Note (6/29/2023). Under the authority of KRS
7.136(1), the Reviser of Statutes has renumbered the subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.