KRS § 218A.010 — KY Code / Title XVIII / Chapter 218A / Section 218A.010
218A.010 Definitions for chapter
Status: in_force

218A.010 Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

(1) "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; or

(b) The patient or research subject at the direction and in the presence of the

practitioner;

(2) "Anabolic steroid" means any drug or hormonal substance chemically and

pharmacologically related to testosterone that promotes muscle growth and includes

those substances classified as Schedule III controlled substances pursuant to KRS

218A.020 but does not include estrogens, progestins, and anticosteroids;

(3) "Cabinet" means the Cabinet for Health and Family Services;

(4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of

its salts, isomers, or salts of isomers;

(5) "Certified community based palliative care program" means a palliative care

program which has received certification from the Joint Commission;

(6) "Child" means any person under the age of majority as specified in KRS 2.015;

(7) "Cocaine" means a substance containing any quantity of cocaine, its salts, optical

and geometric isomers, and salts of isomers;

(8) "Controlled substance" means methamphetamine, or a drug, substance, or

immediate precursor in Schedules I through V and includes a controlled substance

analogue;

(9) (a) "Controlled substance analogue," except as provided in paragraph (b) of this

subsection, means a substance:

1. The chemical structure of which is substantially similar to the structure

of a controlled substance in Schedule I or II; and

2. Which has a stimulant, depressant, or hallucinogenic effect on the

central nervous system that is substantially similar to or greater than the

stimulant, depressant, or hallucinogenic effect on the central nervous

system of a controlled substance in Schedule I or II; or

3. With respect to a particular person, which such person represents or

intends to have a stimulant, depressant, or hallucinogenic effect on the

central nervous system that is substantially similar to or greater than the

stimulant, depressant, or hallucinogenic effect on the central nervous

system of a controlled substance in Schedule I or II.

(b) Such term does not include:

1. Any substance for which there is an approved new drug application;

2. With respect to a particular person, any substance if an exemption is in

effect for investigational use for that person pursuant to federal law to

the extent conduct with respect to such substance is pursuant to such

exemption; or

3. Any substance to the extent not intended for human consumption before

the exemption described in subparagraph 2. of this paragraph takes

effect with respect to that substance;

(10) "Counterfeit substance" means a controlled substance which, or the container or

labeling of which, without authorization, bears the trademark, trade name, or other

identifying mark, imprint, number, or device, or any likeness thereof, of a

manufacturer, distributor, or dispenser other than the person who in fact

manufactured, distributed, or dispensed the substance;

(11) "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;

(12) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V

controlled substance to or for the use of an ultimate user;

(13) "Distribute" means to deliver other than by administering or dispensing a controlled

substance;

(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of

administration available as a single unit;

(15) "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;

(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or

prevention of disease in man or animals;

(c) Substances (other than food) intended to affect the structure or any function of

the body of man or animals; and

(d) Substances intended for use as a component of any article specified in this

subsection.

It does not include devices or their components, parts, or accessories;

(16) "Fentanyl" means a substance containing any quantity of fentanyl, or any of its

salts, isomers, or salts of isomers;

(17) "Fentanyl derivative" means a substance containing any quantity of any chemical

compound, except compounds specifically scheduled as controlled substances by

statute or by administrative regulation pursuant to this chapter, which is structurally

derived from 1-ethyl-4-(N-phenylamido) piperadine:

(a) By substitution:

1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or

ethyloxotetrazole ring system; and

2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl,

or furanyl group; and

(b) Which may be further modified in one (1) or more of the following ways:

1. By substitution on the N-phenyl ring to any extent with alkyl, alkoxy,

haloalkyl, hydroxyl, or halide substituents;

2. By substitution on the piperadine ring to any extent with alkyl, allyl,

alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6-

positions;

3. By substitution on the piperadine ring to any extent with a phenyl,

alkoxy, or carboxylate ester substituent at the 4- position; or

4. By substitution on the 1-ethyl group to any extent with alkyl, alkoxy, or

hydroxy substituents;

(18) "Good-faith prior examination," as used in KRS Chapter 218A and for criminal

prosecution only, means an in-person medical examination of the patient conducted

by the prescribing practitioner or other health-care professional routinely relied

upon in the ordinary course of his or her practice, at which time the patient is

physically examined and a medical history of the patient is obtained. "In-person"

includes telehealth examinations. This subsection shall not be applicable to hospice

providers licensed pursuant to KRS Chapter 216B;

(19) "Hazardous chemical substance" includes any chemical substance used or intended

for use in the illegal manufacture of a controlled substance as defined in this section

or the illegal manufacture of methamphetamine as defined in KRS 218A.1431,

which:

(a) Poses an explosion hazard;

(b) Poses a fire hazard; or

(c) Is poisonous or injurious if handled, swallowed, or inhaled;

(20) "Heroin" means a substance containing any quantity of heroin, or any of its salts,

isomers, or salts of isomers;

(21) "Hydrocodone combination product" means a drug with:

(a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of

its salts, per one hundred (100) milliliters or not more than fifteen (15)

milligrams per dosage unit, with a fourfold or greater quantity of an

isoquinoline alkaloid of opium; or

(b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of

its salts, per one hundred (100) milliliters or not more than fifteen (15)

milligrams per dosage unit, with one (1) or more active, nonnarcotic

ingredients in recognized therapeutic amounts;

(22) "Immediate precursor" means a substance which is the principal compound

commonly used or produced primarily for use, and which is an immediate chemical

intermediary used or likely to be used in the manufacture of a controlled substance

or methamphetamine, the control of which is necessary to prevent, curtail, or limit

manufacture;

(23) "Industrial hemp" has the same meaning as in KRS 260.850;

(24) "Industrial hemp products" has the same meaning as in KRS 260.850;

(25) "Intent to manufacture" means any evidence which demonstrates a person's

conscious objective to manufacture a controlled substance or methamphetamine.

Such evidence includes but is not limited to statements and a chemical substance's

usage, quantity, manner of storage, or proximity to other chemical substances or

equipment used to manufacture a controlled substance or methamphetamine;

(26) "Isomer" means the optical isomer, except the Cabinet for Health and Family

Services may include the optical, positional, or geometric isomer to classify any

substance pursuant to KRS 218A.020;

(27) "Manufacture," except as provided in KRS 218A.1431, means the production,

preparation, propagation, compounding, conversion, or processing of a controlled

substance, either directly or indirectly by extraction from substances of natural

origin or independently by means of chemical synthesis, or by a combination of

extraction and chemical synthesis, and includes any packaging or repackaging of

the substance or labeling or relabeling of its container except that this term does not

include activities:

(a) By a practitioner as an incident to his or her administering or dispensing of a

controlled substance in the course of his or her professional practice;

(b) By a practitioner, or by his or her authorized agent under his supervision, for

the purpose of, or as an incident to, research, teaching, or chemical analysis

and not for sale; or

(c) By a pharmacist as an incident to his or her dispensing of a controlled

substance in the course of his or her professional practice;

(28) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the

seeds thereof; the resin extracted from any part of the plant; and every compound,

manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin

or any compound, mixture, or preparation which contains any quantity of these

substances. The term "marijuana" does not include:

(a) Industrial hemp that is in the possession, custody, or control of a person who

holds a license issued by the Department of Agriculture permitting that person

to cultivate, handle, or process industrial hemp;

(b) Industrial hemp products that do not include any living plants, viable seeds,

leaf materials, or floral materials;

(c) The substance cannabidiol, when transferred, dispensed, or administered

pursuant to the written order of a physician practicing at a hospital or

associated clinic affiliated with a Kentucky public university having a college

or school of medicine;

(d) For persons participating in a clinical trial or in an expanded access program,

a drug or substance approved for the use of those participants by the United

States Food and Drug Administration;

(e) A cannabidiol product derived from industrial hemp, as defined in KRS

260.850;

(f) For the purpose of conducting scientific research, a cannabinoid product

derived from industrial hemp, as defined in KRS 260.850;

(g) A cannabinoid product approved as a prescription medication by the United

States Food and Drug Administration; or

(h) Medicinal cannabis as defined in KRS 218B.010;

(29) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only,

means an accounting of a patient's medical background, including but not limited to

prior medical conditions, prescriptions, and family background;

(30) "Medical order," as used in KRS Chapter 218A and for criminal prosecution only,

means a lawful order of a specifically identified practitioner for a specifically

identified patient for the patient's health-care needs. "Medical order" may or may

not include a prescription drug order;

(31) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only,

means a record, other than for financial or billing purposes, relating to a patient,

kept by a practitioner as a result of the practitioner-patient relationship;

(32) "Methamphetamine" means any substance that contains any quantity of

methamphetamine, or any of its salts, isomers, or salts of isomers;

(33) "Narcotic drug" means any of the following, whether produced directly or indirectly

by extraction from substances of vegetable origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) Opium and opiate, and any salt, compound, derivative, or preparation of

opium or opiate;

(b) Any salt, compound, isomer, derivative, or preparation thereof which is

chemically equivalent or identical with any of the substances referred to in

paragraph (a) of this subsection, but not including the isoquinoline alkaloids

of opium;

(c) Opium poppy and poppy straw;

(d) Coca leaves, except coca leaves and extracts of coca leaves from which

cocaine, ecgonine, and derivatives of ecgonine or their salts have been

removed;

(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and

(g) Any compound, mixture, or preparation which contains any quantity of any of

the substances referred to in paragraphs (a) to (f) of this subsection;

(34) "Opiate" means any substance having an addiction-forming or addiction-sustaining

liability similar to morphine or being capable of conversion into a drug having

addiction-forming or addiction-sustaining liability. It does not include, unless

specifically designated as controlled under KRS 218A.020, the dextrorotatory

isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does

include its racemic and levorotatory forms;

(35) "Opium poppy" means the plant of the species papaver somniferum L., except its

seeds;

(36) "Person" means individual, corporation, government or governmental subdivision

or agency, business trust, estate, trust, partnership or association, or any other legal

entity;

(37) "Physical injury" has the same meaning it has in KRS 500.080;

(38) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing;

(39) "Pharmacist" means a natural person licensed by this state to engage in the practice

of the profession of pharmacy;

(40) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific

investigator, optometrist as authorized in KRS 320.240, advanced practice

registered nurse as authorized under KRS 314.011, physician assistant as authorized

under KRS 311.858, or other person licensed, registered, or otherwise permitted by

state or federal law to acquire, distribute, dispense, conduct research with respect to,

or to administer a controlled substance in the course of professional practice or

research in this state. "Practitioner" also includes a physician, dentist, podiatrist,

veterinarian, or advanced practice registered nurse authorized under KRS 314.011

who is a resident of and actively practicing in a state other than Kentucky and who

is licensed and has prescriptive authority for controlled substances under the

professional licensing laws of another state, unless the person's Kentucky license

has been revoked, suspended, restricted, or probated, in which case the terms of the

Kentucky license shall prevail;

(41) "Practitioner-patient relationship," as used in KRS Chapter 218A and for criminal

prosecution only, means a medical relationship that exists between a patient and a

practitioner or the practitioner's designee, after the practitioner or his or her

designee has conducted at least one (1) good-faith prior examination;

(42) "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;

(43) "Prescription blank," with reference to a controlled substance, means a document

that meets the requirements of KRS 218A.204 and 217.216;

(44) "Presumptive probation" means a sentence of probation not to exceed the maximum

term specified for the offense, subject to conditions otherwise authorized by law,

that is presumed to be the appropriate sentence for certain offenses designated in

this chapter, notwithstanding contrary provisions of KRS Chapter 533. That

presumption shall only be overcome by a finding on the record by the sentencing

court of substantial and compelling reasons why the defendant cannot be safely and

effectively supervised in the community, is not amenable to community-based

treatment, or poses a significant risk to public safety;

(45) "Production" includes the manufacture, planting, cultivation, growing, or harvesting

of a controlled substance;

(46) "Recovery program" means an evidence-based, nonclinical service that assists

individuals and families working toward sustained recovery from substance use and

other criminal risk factors. This can be done through an array of support programs

and services that are delivered through residential and nonresidential means;

(47) "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the plant

presently classified botanically as Salvia divinorum, whether growing or not, the

seeds thereof, any extract from any part of that plant, and every compound,

manufacture, derivative, mixture, or preparation of that plant, its seeds, or its

extracts, including salts, isomers, and salts of isomers whenever the existence of

such salts, isomers, and salts of isomers is possible within the specific chemical

designation of that plant, its seeds, or extracts. The term shall not include any other

species in the genus salvia;

(48) "Second or subsequent offense" means that for the purposes of this chapter an

offense is considered as a second or subsequent offense, if, prior to his or her

conviction of the offense, the offender has at any time been convicted under this

chapter, or under any statute of the United States, or of any state relating to

substances classified as controlled substances or counterfeit substances, except that

a prior conviction for a nontrafficking offense shall be treated as a prior offense

only when the subsequent offense is a nontrafficking offense. For the purposes of

this section, a conviction voided under KRS 218A.275 or 218A.276 shall not

constitute a conviction under this chapter;

(49) "Sell" means to dispose of a controlled substance to another person for

consideration or in furtherance of commercial distribution;

(50) "Serious physical injury" has the same meaning it has in KRS 500.080;

(51) "Synthetic cannabinoids or piperazines" means any chemical compound which is

not approved by the United States Food and Drug Administration or, if approved,

which is not dispensed or possessed in accordance with state and federal law, that

contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-

Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-

naphthoyl)indole; 1-Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU-211); or any

compound in the following structural classes:

(a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole

structure with substitution at the nitrogen atom of the indole ring by an alkyl,

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further

substituted in the indole ring to any extent and whether or not substituted in

the naphthyl ring to any extent. Examples of this structural class include but

are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-

122, JWH-200, and AM-2201;

(b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole

structure with substitution at the nitrogen atom of the indole ring by an alkyl,

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further

substituted in the indole ring to any extent and whether or not substituted in

the phenyl ring to any extent. Examples of this structural class include but are

not limited to JWH-167, JWH-250, JWH-251, and RCS-8;

(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further

substituted in the indole ring to any extent and whether or not substituted in

the phenyl ring to any extent. Examples of this structural class include but are

not limited to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and

RCS-4;

(d) Cyclohexylphenols: Any compound containing a 2-(3-

hydroxycyclohexyl)phenol structure with substitution at the 5-position of the

phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not substituted in the cyclohexyl ring to any extent.

Examples of this structural class include but are not limited to CP 47,497 and

its C8 homologue (cannabicyclohexanol);

(e) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-

naphthyl)methane structure with substitution at the nitrogen atom of the

indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether

or not further substituted in the indole ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class

include but are not limited to JWH-175, JWH-184, and JWH-185;

(f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole

structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl,

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further

substituted in the pyrrole ring to any extent and whether or not substituted in

the naphthyl ring to any extent. Examples of this structural class include but

are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

(g) Naphthylmethylindenes: Any compound containing a 1-(1-

naphthylmethyl)indene structure with substitution at the 3-position of the

indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether

or not further substituted in the indene ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class

include but are not limited to JWH-176;

(h) Tetramethylcyclopropanoylindoles: Any compound containing a 3-(1-

tetramethylcyclopropoyl)indole structure with substitution at the nitrogen

atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl,

cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group, whether or not further substituted in the indole ring to any extent and

whether or not further substituted in the tetramethylcyclopropyl ring to any

extent. Examples of this structural class include but are not limited to UR-144

and XLR-11;

(i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole

structure with substitution at the nitrogen atom of the indole ring by an alkyl,

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further

substituted in the indole ring to any extent and whether or not substituted in

the adamantyl ring system to any extent. Examples of this structural class

include but are not limited to AB-001 and AM-1248; or

(j) Any other synthetic cannabinoid or piperazine which is not approved by the

United States Food and Drug Administration or, if approved, which is not

dispensed or possessed in accordance with state and federal law;

(52) "Synthetic cathinones" means any chemical compound which is not approved by

the United States Food and Drug Administration or, if approved, which is not

dispensed or possessed in accordance with state and federal law (not including

bupropion or compounds listed under a different schedule) structurally derived from

2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl,

or thiophene ring systems, whether or not the compound is further modified in one

(1) or more of the following ways:

(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy,

alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further

substituted in the ring system by one (1) or more other univalent substituents.

Examples of this class include but are not limited to 3,4-

Methylenedioxycathinone (bk-MDA);

(b) By substitution at the 3-position with an acyclic alkyl substituent. Examples

of this class include but are not limited to 2-methylamino-1-phenylbutan-1-

one (buphedrone);

(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or

methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a

cyclic structure. Examples of this class include but are not limited to

Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP);

or

(d) Any other synthetic cathinone which is not approved by the United States

Food and Drug Administration or, if approved, is not dispensed or possessed

in accordance with state or federal law;

(53) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic

cathinones;

(54) "Telehealth" has the same meaning it has in KRS 211.332;

(55) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained

in the plant, or in the resinous extractives of the plant Cannabis, sp. or synthetic

substances, derivatives, and their isomers with similar chemical structure and

pharmacological activity such as the following:

(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers;

(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and

(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;

(56) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute,

dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense,

or sell a controlled substance;

(57) "Transfer" means to dispose of a controlled substance to another person without

consideration and not in furtherance of commercial distribution; and

(58) "Ultimate user" means a person who lawfully possesses a controlled substance for

his or her own use or for the use of a member of his or her household or for

administering to an animal owned by him or her or by a member of his or her

household.