RENDERED: MARCH 10, 2023; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2022-CA-0276-MR

JORDAN BROWN APPELLANT 

v. 

APPEAL FROM MUHLENBERG CIRCUIT COURT

HONORABLE BRIAN WIGGINS, JUDGE

ACTION NO. 21-CR-00336

COMMONWEALTH OF KENTUCKY APPELLEE 

OPINION

AFFIRMING

**   **  **

BEFORE: THOMPSON, CHIEF JUDGE; DIXON AND GOODWINE, JUDGES.

GOODWINE, JUDGE: Jordan Brown (“Brown”) appeals the February 9, 2022 

judgment of the Muhlenberg Circuit Court. We affirm.

On August 28, 2021, Brown overdosed at the home of Chandra 

Walker (“Walker”). Walker called 911. Both law enforcement and emergency

medical services (“EMS”) responded to the call. EMS found Brown unresponsive, 

administered Narcan, and transported Brown to the hospital. Police searched 
-2-

Brown and his surroundings and discovered a loaded syringe, a scale, heroin, and 

an ounce of methamphetamine. 

As a result of this incident, Brown was indicted on one count of 

trafficking in controlled substances in the first degree.1 Thereafter, Brown filed a 

motion to dismiss, arguing KRS 218A.133 bars prosecution for trafficking. The 

trial court denied the motion. Brown then entered a conditional guilty plea and, 

upon entry of the final judgment, he was sentenced to seven years’ imprisonment. 

This appeal followed.

We review questions of statutory interpretation de novo, giving no 

deference to the findings of the trial court. Wilson v. Commonwealth, 628 S.W.3d

132, 140 (Ky. 2021). 

A person shall not be charged with or prosecuted for a 

criminal offense prohibiting the possession of a 

controlled substance or the possession of drug 

paraphernalia if:

(a) In good faith, medical assistance with a drug 

overdose is sought from a public safety answering 

point, emergency medical services, a law 

enforcement officer, or a health practitioner 

because the person:

1. Requests emergency medical assistance for 

himself or herself or another person;

1 Kentucky Revised Statutes (“KRS”) 218A.1412, a Class C felony.
-3-

2. Acts in concert with another person who 

requests emergency medical assistance; or

3. Appears to be in need of emergency medical 

assistance and is the individual for whom 

the request was made;

(b)The person remains with, or is, the individual who 

appears to be experiencing a drug overdose until 

the requested assistance is provided; and

(c) The evidence for the charge or prosecution is 

obtained as a result of the drug overdose and the 

need for medical assistance.

KRS 218A.133(2). Brown argues the Commonwealth was prohibited from 

charging him with trafficking in a controlled substance because the offense 

resulted from evidence discovered as a result of his overdose and subsequent 

medical treatment. 

Prosecution for trafficking offenses is not prohibited by KRS 

218A.133. It is fundamental to statutory construction that we first look “to the 

language of the statute, giving the words their plain and ordinary meaning.” 

Overstreet v. Kindred Nursing Centers Limited Partnership, 479 S.W.3d 69, 73 

(Ky. 2015) (citation omitted). Where the language of the statute is unambiguous, 

we will not consider extrinsic evidence, including evidence of legislative intent. 

Id. (citation omitted). 

KRS 218A.133 specifically prohibits charging or prosecuting an 

individual for criminal offenses related to possession of controlled substances 
-4-

and/or paraphernalia. The statute does not mention trafficking offenses.

Trafficking offenses are distinct from possession charges. Trafficking is separately 

defined as “to manufacture, distribute, dispense, sell, transfer, or possess with 

intent to manufacture, distribute, dispense, or sell a controlled substance[.]” KRS

218A.010(56). The General Assembly unambiguously chose only to prohibit 

charging or prosecuting for possession offenses but not for trafficking offenses. 

Based on the foregoing, the February 9, 2022 judgment of the 

Muhlenberg Circuit Court is affirmed. 

ALL CONCUR.

BRIEFS FOR APPELLANT:

Adam Meyer

Frankfort, Kentucky 

BRIEF FOR APPELLEE:

Daniel Cameron

Attorney General of Kentucky

Courtney J. Hightower

Assistant Attorney General

Frankfort, Kentucky