Kentucky Statutes 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
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(1) (a) Notwithstanding KRS § 218A.1446, it shall be unlawful for a person convicted after July 12, 2013, of any offense in this chapter relating to methamphetamine or any offense in KRS Chapter 250 or 514 relating to anhydrous ammonia to possess or attempt to possess any compound, mixture, or preparation containing ephedrine, pseudoephedrine, phenylpropanolamine, their salts or optical isomers, or salts of optical isomers until ten (10) years have elapsed from the date the person was convicted, unless the offense was a violation of KRS § 218A.1432, in which case the prohibition shall be permanent.
(b) Notwithstanding KRS § 218A.1446, it shall be unlawful for a person convicted prior to July 12, 2013, of any offense in this chapter relating to methamphetamine or any offense in KRS Chapter 250 or 514 relating to anhydrous ammonia to possess or attempt to possess any compound, mixture, or preparation containing ephedrine, pseudoephedrine, phenylpropanolamine, their salts or optical isomers, or salts of optical isomers without a prescription until ten (10) years have elapsed from the date the person was convicted, unless the offense was a violation of KRS § 218A.1432, in which case the prohibition shall be permanent.
(2) The Administrative Office of the Courts shall report monthly to the Office of Drug Control Policy for utilization in the electronic logging or recordkeeping mechanism required under KRS § 218A.1446 the conviction of any person for any offense in this chapter relating to methamphetamine or any offense in KRS Chapter 250 or 514 relating to anyhydrous ammonia, as well as the vacating, reversing, or overruling of any previously reported conviction. The information reported shall include:
(a) The defendant‘s name;
(b) The defendant’s date of birth; (c) The defendant’s address;
(d) The defendant’s identification number on a government-issued photographic identification document if available in the defendant’s records readily available to the circuit clerk;
(e) Any offense or offenses specified in subsection (1) of this section for which the defendant was convicted;
(f) The defendant’s date of conviction; and
(g) The defendant’s sentence or, if applicable, that the conviction was reversed, overruled, or vacated.
(3) A court convicting a defendant of an offense triggering the prohibition established in subsection (1) of this section shall inform the defendant of the restrictions contained in this section. Failure of a court to provide the information in accordance with this subsection shall not affect the validity of the prohibition.
Effective: March 19, 2013
History: Amended 2013 Ky. Acts ch. 26, sec. 4, effective March 19, 2013. — Created
2012 Ky. Acts ch. 122, sec. 2, effective July 12, 2012.
(b) Notwithstanding KRS § 218A.1446, it shall be unlawful for a person convicted prior to July 12, 2013, of any offense in this chapter relating to methamphetamine or any offense in KRS Chapter 250 or 514 relating to anhydrous ammonia to possess or attempt to possess any compound, mixture, or preparation containing ephedrine, pseudoephedrine, phenylpropanolamine, their salts or optical isomers, or salts of optical isomers without a prescription until ten (10) years have elapsed from the date the person was convicted, unless the offense was a violation of KRS § 218A.1432, in which case the prohibition shall be permanent.
Terms Used In Kentucky Statutes 218A.1440
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Drug: means :
(a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. 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
- Prescription: means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or given or authorized by a medical, dental, chiropody, veterinarian, optometric practitioner, or advanced practice registered nurse, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. See Kentucky Statutes 218A.010
(2) The Administrative Office of the Courts shall report monthly to the Office of Drug Control Policy for utilization in the electronic logging or recordkeeping mechanism required under KRS § 218A.1446 the conviction of any person for any offense in this chapter relating to methamphetamine or any offense in KRS Chapter 250 or 514 relating to anyhydrous ammonia, as well as the vacating, reversing, or overruling of any previously reported conviction. The information reported shall include:
(a) The defendant‘s name;
(b) The defendant’s date of birth; (c) The defendant’s address;
(d) The defendant’s identification number on a government-issued photographic identification document if available in the defendant’s records readily available to the circuit clerk;
(e) Any offense or offenses specified in subsection (1) of this section for which the defendant was convicted;
(f) The defendant’s date of conviction; and
(g) The defendant’s sentence or, if applicable, that the conviction was reversed, overruled, or vacated.
(3) A court convicting a defendant of an offense triggering the prohibition established in subsection (1) of this section shall inform the defendant of the restrictions contained in this section. Failure of a court to provide the information in accordance with this subsection shall not affect the validity of the prohibition.
Effective: March 19, 2013
History: Amended 2013 Ky. Acts ch. 26, sec. 4, effective March 19, 2013. — Created
2012 Ky. Acts ch. 122, sec. 2, effective July 12, 2012.