KRS § 218A.1438 — KY Code / Title XVIII / Chapter 218A / Section 218A.1438
218A.1438 Unlawful distribution of a methamphetamine precursor -- Penalties
Status: in_force

218A.1438 Unlawful distribution of a methamphetamine precursor -- Penalties.

(1) Notwithstanding KRS 218A.1446, a person is guilty of unlawful distribution of a

methamphetamine precursor when he or she knowingly and unlawfully sells,

transfers, distributes, dispenses, or possesses with the intent to sell, transfer,

distribute, or dispense any drug product or combination of drug products containing

ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their salts, isomers,

or salts of isomers, if the person knows that the purchaser intends that the drug

product or combination of drug products will be used as a precursor to

methamphetamine or other controlled substance, or if the person sells, transfers,

distributes, or dispenses the drug product or combination of drug products with

reckless disregard as to how the drug product or combination of drug products will

be used.

(2) Unlawful distribution of a methamphetamine precursor is a Class D felony for the

first offense and a Class C felony for each subsequent offense.

(3) In addition to the criminal penalty specified in subsection (2) of this section, or in

lieu of the criminal penalty specified in subsection (2) of this section, any person

who traffics in or transfers any drug product or combination of drug products

specified in subsection (1) of this section intentionally or recklessly with knowledge

of or reason to know that the drug product or combination of drug products will be

used to illegally manufacture methamphetamine or other controlled substance shall

be liable for damages in a civil action for all damages, whether directly or indirectly

caused by the sale or trafficking or transfer of the drug product or drug products.

(a) Damages may include but are not limited to:

1. Any and all costs of detecting, investigating, and cleaning up or

remediating unlawfully operated laboratories or other facilities for the

illegal manufacture of methamphetamine or other controlled substance;

2. Costs of prosecution of criminal cases arising from the illegal sale,

transfer, distribution, manufacture, or dispensing of a controlled

substance or their precursors;

3. Court costs and reasonable attorney's fees for bringing this civil action;

4. Consequential damages; and

5. Punitive damages.

(b) A civil action to recover damages against a person or persons violating this

section may be brought by the Attorney General, an attorney of the Justice and

Public Safety Cabinet, or by any Commonwealth's attorney in whose

jurisdiction the defendant may be shown to have committed an act specified in

this section.

(c) All moneys collected pursuant to such civil action shall be distributed in the

following order:

1. Court costs and reasonable attorney's fees for bringing this civil action;

2. The reimbursement of all reasonable costs of detecting, investigating,

cleaning up or remediating the laboratory or other facility utilized for

manufacture of methamphetamine underlying the present judgment;

3. The reasonable costs of prosecution of criminal cases arising from

trafficking in or transfer of a precursor for the illegal manufacture of

methamphetamine giving rise to the present judgment; and

4. All remaining moneys shall be distributed to the General Fund.