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AN ACT relating to controlled substances. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 218A.010 is amended to read as follows: 3
As used in this chapter: 4
(1) "Administer" means the direct application of a controlled substance, whether by 5
injection, inhalation, ingestion, or any other means, to the body of a patient or 6
research subject by: 7
(a) A practitioner or by his or her authorized agent under his or her immediate 8
supervision and pursuant to his or her order; or 9
(b) The patient or research subject at the direction and in the presence of the 10
practitioner; 11
(2) "Anabolic steroid" means any drug or hormonal substance chemically and 12
pharmacologically related to testosterone that promotes muscle growth and includes 13
those substances classified as Schedule III controlled substances pursuant to KRS 14
218A.020 but does not include estrogens, progestins, and anticosteroids; 15
(3) "Cabinet" means the Cabinet for Health and Family Services; 16
(4) "Carfentanil" means any substance containing any quantity of carfentanil, or any of 17
its salts, isomers, or salts of isomers; 18
(5) "Certified community based palliative care program" means a palliative care 19
program which has received certification from the Joint Commission; 20
(6) "Child" means any person under the age of majority as specified in KRS 2.015; 21
(7) "Cocaine" means a substance containing any quantity of cocaine, its salts, optical 22
and geometric isomers, and salts of isomers; 23
(8) "Controlled substance" means methamphetamine, or a drug, substance, or 24
immediate precursor in Schedules I through V and includes a controlled substance 25
analogue; 26
(9) (a) "Controlled substance analogue," except as provided in paragraph (b) of this 27 UNOFFICIAL COPY 22 RS BR 983
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subsection, means a substance: 1
1. The chemical structure of which is substantially similar to the structure 2
of a controlled substance in Schedule I or II; and 3
2. Which has a stimulant, depressant, or hallucinogenic effect on the 4
central nervous system that is substantially similar to or greater than the 5
stimulant, depressant, or hallucinogenic effect on the central nervous 6
system of a controlled substance in Schedule I or II; or 7
3. With respect to a particular person, which such person represents or 8
intends to have a stimulant, depressant, or hallucinogenic effect on the 9
central nervous system that is substantially similar to or greater than the 10
stimulant, depressant, or hallucinogenic effect on the central nervous 11
system of a controlled substance in Schedule I or II. 12
(b) "Controlled substance analogue"[Such term] does not include: 13
1. Any substance for which there is an approved new drug application; 14
2. With respect to a particular person, any substance if an exemption is in 15
effect for investigational use for that person pursuant to federal law to 16
the extent conduct with respect to such substance is pursuant to such 17
exemption; or 18
3. Any substance to the extent not intended for human consumption before 19
the exemption described in subparagraph 2. of this paragraph takes 20
effect with respect to that substance; 21
(10) "Counterfeit substance" means a controlled substance which, or the container or 22
labeling of which, without authorization, bears the trademark, trade name, or other 23
identifying mark, imprint, number, or device, or any likeness thereof, of a 24
manufacturer, distributor, or dispenser other than the person who in fact 25
manufactured, distributed, or dispensed the substance; 26
(11) "Dispense" means to deliver a controlled substance to an ultimate user or research 27 UNOFFICIAL COPY 22 RS BR 983
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subject by or pursuant to the lawful order of a practitioner, including the packaging, 1
labeling, or compounding necessary to prepare the substance for that delivery; 2
(12) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V 3
controlled substance to or for the use of an ultimate user; 4
(13) "Distribute" means to deliver other than by administering or dispensing a controlled 5
substance; 6
(14) "Dosage unit" means a single pill, capsule, ampule, liquid, or other form of 7
administration available as a single unit; 8
(15) "Drug" means: 9
(a) Substances recognized as drugs in the official United States Pharmacopoeia, 10
official Homeopathic Pharmacopoeia of the United States, or official National 11
Formulary, or any supplement to any of them; 12
(b) Substances intended for use in the diagnosis, care, mitigation, treatment, or 13
prevention of disease in man or animals; 14
(c) Substances (other than food) intended to affect the structure or any function of 15
the body of man or animals; and 16
(d) Substances intended for use as a component of any article specified in this 17
subsection. 18
It does not include devices or their components, parts, or accessories; 19
(16) "Fentanyl" means a substance containing any quantity of fentanyl, or any of its salts, 20
isomers, or salts of isomers; 21
(17) "Fentanyl derivative" means a substance containing any quantity of any chemical 22
compound, except compounds specifically scheduled as controlled substances by 23
statute or by administrative regulation pursuant to this chapter, which is structurally 24
derived from 1-ethyl-4-(N-phenylamido) piperadine: 25
(a) By substitution: 26
1. At the 2-position of the 1-ethyl group with a phenyl, furan, thiophene, or 27 UNOFFICIAL COPY 22 RS BR 983
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ethyloxotetrazole ring system; and 1
2. Of the terminal amido hydrogen atom with an alkyl, alkoxy, cycloalkyl, 2
or furanyl group; and 3
(b) Which may be further modified in one (1) or more of the following ways: 4
1. By substitution on the N-phenyl ring to any extent with alkyl, alkoxy, 5
haloalkyl, hydroxyl, or halide substituents; 6
2. By substitution on the piperadine ring to any extent with alkyl, allyl, 7
alkoxy, hydroxy, or halide substituents at the 2-, 3-, 5-, and/or 6- 8
positions; 9
3. By substitution on the piperadine ring to any extent with a phenyl, 10
alkoxy, or carboxylate ester substituent at the 4- position; or 11
4. By substitution on the 1-ethyl group to any extent with alkyl, alkoxy, or 12
hydroxy substituents; 13
(18) "Good faith prior examination," as used in KRS Chapter 218A and for criminal 14
prosecution only, means an in-person medical examination of the patient conducted 15
by the prescribing practitioner or other health-care professional routinely relied 16
upon in the ordinary course of his or her practice, at which time the patient is 17
physically examined and a medical history of the patient is obtained. "In-person" 18
includes telehealth examinations. This subsection shall not be applicable to hospice 19
providers licensed pursuant to KRS Chapter 216B; 20
(19) "Hazardous chemical substance" includes any chemical substance used or intended 21
for use in the illegal manufacture of a controlled substance as defined in this section 22
or the illegal manufacture of methamphetamine as defined in KRS 218A.1431, 23
which: 24
(a) Poses an explosion hazard; 25
(b) Poses a fire hazard; or 26
(c) Is poisonous or injurious if handled, swallowed, or inhaled; 27 UNOFFICIAL COPY 22 RS BR 983
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(20) "Heroin" means a substance containing any quantity of heroin, or any of its salts, 1
isomers, or salts of isomers; 2
(21) "Hydrocodone combination product" means a drug with: 3
(a) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 4
its salts, per one hundred (100) milliliters or not more than fifteen (15) 5
milligrams per dosage unit, with a fourfold or greater quantity of an 6
isoquinoline alkaloid of opium; or 7
(b) Not more than three hundred (300) milligrams of dihydrocodeinone, or any of 8
its salts, per one hundred (100) milliliters or not more than fifteen (15) 9
milligrams per dosage unit, with one (1) or more active, nonnarcotic 10
ingredients in recognized therapeutic amounts; 11
(22) "Immediate precursor" means a substance which is the principal compound 12
commonly used or produced primarily for use, and which is an immediate chemical 13
intermediary used or likely to be used in the manufacture of a controlled substance 14
or methamphetamine, the control of which is necessary to prevent, curtail, or limit 15
manufacture; 16
(23) "Industrial hemp" has the same meaning as in KRS 260.850; 17
(24) "Industrial hemp products" has the same meaning as in KRS 260.850; 18
(25) "Intent to manufacture" means any evidence which demonstrates a person's 19
conscious objective to manufacture a controlled substance or methamphetamine. 20
Such evidence includes but is not limited to statements and a chemical substance's 21
usage, quantity, manner of storage, or proximity to other chemical substances or 22
equipment used to manufacture a controlled substance or methamphetamine; 23
(26) "Isomer" means the optical isomer, except the Cabinet for Health and Family 24
Services may include the optical, positional, or geometric isomer to classify any 25
substance pursuant to KRS 218A.020; 26
(27) "Kratom" means Mitragyna speciosa or mitragynine and includes all parts of the 27 UNOFFICIAL COPY 22 RS BR 983
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plant presently classified botanically as Mitragyna speciosa, whether growing or 1
not, the seeds thereof, any extract from any part of that plant, and every 2
compound, manufacture, derivative, mixture, or preparation of that plant, its 3
seeds, or its extracts, including salts, isomers, and salts of isomers whenever the 4
existence of such salts, isomers, and salts of isomers is possible within the specific 5
chemical designation of that plant, its seeds, or extracts. The term does not 6
include any other species in the genus Mitragyna; 7
(28)[(27)] "Manufacture," except as provided in KRS 218A.1431, means the production, 8
preparation, propagation, compounding, conversion, or processing of a controlled 9
substance, either directly or indirectly by extraction from substances of natural 10
origin or independently by means of chemical synthesis, or by a combination of 11
extraction and chemical synthesis, and includes any packaging or repackaging of the 12
substance or labeling or relabeling of its container except that this term does not 13
include activities: 14
(a) By a practitioner as an incident to his or her administering or dispensing of a 15
controlled substance in the course of his or her professional practice; 16
(b) By a practitioner, or by his or her authorized agent under his supervision, for 17
the purpose of, or as an incident to, research, teaching, or chemical analysis 18
and not for sale; or 19
(c) By a pharmacist as an incident to his or her dispensing of a controlled 20
substance in the course of his or her professional practice; 21
(29)[(28)] "Marijuana" means all parts of the plant Cannabis sp., whether growing or 22
not; the seeds thereof; the resin extracted from any part of the plant; and every 23
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its 24
seeds or resin or any compound, mixture, or preparation which contains any 25
quantity of these substances. The term "marijuana" does not include: 26
(a) Industrial hemp that is in the possession, custody, or control of a person who 27 UNOFFICIAL COPY 22 RS BR 983
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holds a license issued by the Department of Agriculture permitting that person 1
to cultivate, handle, or process industrial hemp; 2
(b) Industrial hemp products that do not include any living plants, viable seeds, 3
leaf materials, or floral materials; 4
(c) The substance cannabidiol, when transferred, dispensed, or administered 5
pursuant to the written order of a physician practicing at a hospital or 6
associated clinic affiliated with a Kentucky public university having a college 7
or school of medicine; 8
(d) For persons participating in a clinical trial or in an expanded access program, 9
a drug or substance approved for the use of those participants by the United 10
States Food and Drug Administration; 11
(e) A cannabidiol product derived from industrial hemp, as defined in KRS 12
260.850; 13
(f) For the purpose of conducting scientific research, a cannabinoid product 14
derived from industrial hemp, as defined in KRS 260.850; or 15
(g) A cannabinoid product approved as a prescription medication by the United 16
States Food and Drug Administration; 17
(30)[(29)] "Medical history," as used in KRS Chapter 218A and for criminal prosecution 18
only, means an accounting of a patient's medical background, including but not 19
limited to prior medical conditions, prescriptions, and family background; 20
(31)[(30)] "Medical order," as used in KRS Chapter 218A and for criminal prosecution 21
only, means a lawful order of a specifically identified practitioner for a specifically 22
identified patient for the patient's health-care needs. "Medical order" may or may 23
not include a prescription drug order; 24
(32)[(31)] "Medical record," as used in KRS Chapter 218A and for criminal prosecution 25
only, means a record, other than for financial or billing purposes, relating to a 26
patient, kept by a practitioner as a result of the practitioner-patient relationship; 27 UNOFFICIAL COPY 22 RS BR 983
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(33)[(32)] "Methamphetamine" means any substance that contains any quantity of 1
methamphetamine, or any of its salts, isomers, or salts of isomers; 2
(34)[(33)] "Narcotic drug" means any of the following, whether produced directly or 3
indirectly by extraction from substances of vegetable origin, or independently by 4
means of chemical synthesis, or by a combination of extraction and chemical 5
synthesis: 6
(a) Opium and opiate, and any salt, compound, derivative, or preparation of 7
opium or opiate; 8
(b) Any salt, compound, isomer, derivative, or preparation thereof which is 9
chemically equivalent or identical with any of the substances referred to in 10
paragraph (a) of this subsection, but not including the isoquinoline alkaloids 11
of opium; 12
(c) Opium poppy and poppy straw; 13
(d) Coca leaves, except coca leaves and extracts of coca leaves from which 14
cocaine, ecgonine, and derivatives of ecgonine or their salts have been 15
removed; 16
(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers; 17
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and 18
(g) Any compound, mixture, or preparation which contains any quantity of any of 19
the substances referred to in paragraphs (a) to (f) of this subsection; 20
(35)[(34)] "Opiate" means any substance having an addiction-forming or addiction-21
sustaining liability similar to morphine or being capable of conversion into a drug 22
having addiction-forming or addiction-sustaining liability. It does not include, 23
unless specifically designated as controlled under KRS 218A.020, the 24
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts 25
(dextromethorphan). It does include its racemic and levorotatory forms; 26
(36)[(35)] "Opium poppy" means the plant of the species papaver somniferum L., except 27 UNOFFICIAL COPY 22 RS BR 983
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its seeds; 1
(37)[(36)] "Person" means individual, corporation, government or governmental 2
subdivision or agency, business trust, estate, trust, partnership or association, or any 3
other legal entity; 4
(38)[(37)] "Physical injury" has the same meaning it has in KRS 500.080; 5
(39)[(38)] "Poppy straw" means all parts, except the seeds, of the opium poppy, after 6
mowing; 7
(40)[(39)] "Pharmacist" means a natural person licensed by this state to engage in the 8
practice of the profession of pharmacy; 9
(41)[(40)] "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific 10
investigator, optometrist as authorized in KRS 320.240, advanced practice 11
registered nurse as authorized under KRS 314.011, physician assistant as authorized 12
under KRS 311.858, or other person licensed, registered, or otherwise permitted by 13
state or federal law to acquire, distribute, dispense, conduct research with respect to, 14
or to administer a controlled substance in the course of professional practice or 15
research in this state. "Practitioner" also includes a physician, dentist, podiatrist, 16
veterinarian, or advanced practice registered nurse authorized under KRS 314.011 17
who is a resident of and actively practicing in a state other than Kentucky and who 18
is licensed and has prescriptive authority for controlled substances under the 19
professional licensing laws of another state, unless the person's Kentucky license 20
has been revoked, suspended, restricted, or probated, in which case the terms of the 21
Kentucky license shall prevail; 22
(42)[(41)] "Practitioner-patient relationship," as used in KRS Chapter 218A and for 23
criminal prosecution only, means a medical relationship that exists between a 24
patient and a practitioner or the practitioner's designee, after the practitioner or his 25
or her designee has conducted at least one (1) good faith prior examination; 26
(43)[(42)] "Prescription" means a written, electronic, or oral order for a drug or 27 UNOFFICIAL COPY 22 RS BR 983
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medicine, or combination or mixture of drugs or medicines, or proprietary 1
preparation, signed or given or authorized by a medical, dental, chiropody, 2
veterinarian, optometric practitioner, or advanced practice registered nurse, and 3
intended for use in the diagnosis, cure, mitigation, treatment, or prevention of 4
disease in man or other animals; 5
(44)[(43)] "Prescription blank," with reference to a controlled substance, means a 6
document that meets the requirements of KRS 218A.204 and 217.216; 7
(45)[(44)] "Presumptive probation" means a sentence of probation not to exceed the 8
maximum term specified for the offense, subject to conditions otherwise authorized 9
by law, that is presumed to be the appropriate sentence for certain offenses 10
designated in this chapter, notwithstanding contrary provisions of KRS Chapter 11
533. That presumption shall only be overcome by a finding on the record by the 12
sentencing court of substantial and compelling reasons why the defendant cannot be 13
safely and effectively supervised in the community, is not amenable to community-14
based treatment, or poses a significant risk to public safety; 15
(46)[(45)] "Production" includes the manufacture, planting, cultivation, growing, or 16
harvesting of a controlled substance; 17
(47)[(46)] "Recovery program" means an evidence-based, nonclinical service that assists 18
individuals and families working toward sustained recovery from substance use and 19
other criminal risk factors. This can be done through an array of support programs 20
and services that are delivered through residential and nonresidential means; 21
(48)[(47)] "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the 22
plant presently classified botanically as Salvia divinorum, whether growing or not, 23
the seeds thereof, any extract from any part of that plant, and every compound, 24
manufacture, derivative, mixture, or preparation of that plant, its seeds, or its 25
extracts, including salts, isomers, and salts of isomers whenever the existence of 26
such salts, isomers, and salts of isomers is possible within the specific chemical 27 UNOFFICIAL COPY 22 RS BR 983
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designation of that plant, its seeds, or extracts. The term shall not include any other 1
species in the genus salvia; 2
(49)[(48)] "Second or subsequent offense" means that for the purposes of this chapter an 3
offense is considered as a second or subsequent offense, if, prior to his or her 4
conviction of the offense, the offender has at any time been convicted under this 5
chapter, or under any statute of the United States, or of any state relating to 6
substances classified as controlled substances or counterfeit substances, except that 7
a prior conviction for a nontrafficking offense shall be treated as a prior offense 8
only when the subsequent offense is a nontrafficking offense. For the purposes of 9
this section, a conviction voided under KRS 218A.275 or 218A.276 shall not 10
constitute a conviction under this chapter; 11
(50)[(49)] "Sell" means to dispose of a controlled substance to another person for 12
consideration or in furtherance of commercial distribution; 13
(51)[(50)] "Serious physical injury" has the same meaning it has in KRS 500.080; 14
(52)[(51)] "Synthetic cannabinoids or piperazines" means any chemical compound which 15
is not approved by the United States Food and Drug Administration or, if approved, 16
which is not dispensed or possessed in accordance with state and federal law, that 17
contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-18
Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-19
naphthoyl)indole; 1-Pentyl-3-(1-naphthoyl)indole; dexanabinol (HU-211); or any 20
compound in the following structural classes: 21
(a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole 22
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 23
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-24
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 25
substituted in the indole ring to any extent and whether or not substituted in 26
the naphthyl ring to any extent. Examples of this structural class include but 27 UNOFFICIAL COPY 22 RS BR 983
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are not limited to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, 1
JWH-122, JWH-200, and AM-2201; 2
(b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole 3
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 4
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-5
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 6
substituted in the indole ring to any extent and whether or not substituted in 7
the phenyl ring to any extent. Examples of this structural class include but are 8
not limited to JWH-167, JWH-250, JWH-251, and RCS-8; 9
(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with 10
substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 11
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 12
or 2-(4-morpholinyl)ethyl group whether or not further substituted in the 13
indole ring to any extent and whether or not substituted in the phenyl ring to 14
any extent. Examples of this structural class include but are not limited to 15
AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4; 16
(d) Cyclohexylphenols: Any compound containing a 2-(3-17
hydroxycyclohexyl)phenol structure with substitution at the 5-position of the 18
phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 19
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 20
group whether or not substituted in the cyclohexyl ring to any extent. 21
Examples of this structural class include but are not limited to CP 47,497 and 22
its C8 homologue (cannabicyclohexanol); 23
(e) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-24
naphthyl)methane structure with substitution at the nitrogen atom of the indole 25
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-26
methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not 27 UNOFFICIAL COPY 22 RS BR 983
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further substituted in the indole ring to any extent and whether or not 1
substituted in the naphthyl ring to any extent. Examples of this structural class 2
include but are not limited to JWH-175, JWH-184, and JWH-185; 3
(f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole 4
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, 5
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-6
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether or not further 7
substituted in the pyrrole ring to any extent and whether or not substituted in 8
the naphthyl ring to any extent. Examples of this structural class include but 9
are not limited to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368; 10
(g) Naphthylmethylindenes: Any compound containing a 1 -(1-11
naphthylmethyl)indene structure with substitution at the 3-position of the 12
indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 13
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether 14
or not further substituted in the indene ring to any extent and whether or not 15
substituted in the naphthyl ring to any extent. Examples of this structural class 16
include but are not limited to JWH-176; 17
(h) Tetramethylcyclopropanoylindoles: Any compound containing a 3-(1-18
tetramethylcyclopropoyl)indole structure with substitution at the nitrogen 19
atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl, 20
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl 21
group, whether or not further substituted in the indole ring to any extent and 22
whether or not further substituted in the tetramethylcyclopropyl ring to any 23
extent. Examples of this structural class include but are not limited to UR-144 24
and XLR-11; 25
(i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole 26
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 27 UNOFFICIAL COPY 22 RS BR 983
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haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-1
piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further 2
substituted in the indole ring to any extent and whether or not substituted in 3
the adamantyl ring system to any extent. Examples of this structural class 4
include but are not limited to AB-001 and AM-1248; or 5
(j) Any other synthetic cannabinoid or piperazine which is not approved by the 6
United States Food and Drug Administration or, if approved, which is not 7
dispensed or possessed in accordance with state and federal law; 8
(53)[(52)] "Synthetic cathinones" means any chemical compound which is not approved 9
by the United States Food and Drug Administration or, if approved, which is not 10
dispensed or possessed in accordance with state and federal law (not including 11
bupropion or compounds listed under a different schedule) structurally derived from 12
2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, 13
or thiophene ring systems, whether or not the compound is further modified in one 14
(1) or more of the following ways: 15
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, 16
alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further 17
substituted in the ring system by one (1) or more other univalent substituents. 18
Examples of this class include but are not limited to 3,4 -19
Methylenedioxycathinone (bk-MDA); 20
(b) By substitution at the 3-position with an acyclic alkyl substituent. Examples of 21
this class include but are not limited to 2-methylamino-1-phenylbutan-1-one 22
(buphedrone); 23
(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 24
methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a 25
cyclic structure. Examples of this class include but are not limited to 26
Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP); 27 UNOFFICIAL COPY 22 RS BR 983
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or 1
(d) Any other synthetic cathinone which is not approved by the United States 2
Food and Drug Administration or, if approved, is not dispensed or possessed 3
in accordance with state or federal law; 4
(54)[(53)] "Synthetic drugs" means any synthetic cannabinoids or piperazines or any 5
synthetic cathinones; 6
(55)[(54)] "Telehealth" has the same meaning it has in KRS 311.550; 7
(56)[(55)] "Tetrahydrocannabinols" means synthetic equivalents of the substances 8
contained in the plant, or in the resinous extractives of the plant Cannabis, sp. or 9
synthetic substances, derivatives, and their isomers with similar chemical structure 10
and pharmacological activity such as the following: 11
(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; 12
(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and 13
(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; 14
(57)[(56)] "Traffic," except as provided in KRS 218A.1431, means to manufacture, 15
distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, 16
dispense, or sell a controlled substance; 17
(58)[(57)] "Transfer" means to dispose of a controlled substance to another person 18
without consideration and not in furtherance of commercial distribution; and 19
(59)[(58)] "Ultimate user" means a person who lawfully possesses a controlled substance 20
for his or her own use or for the use of a member of his or her household or for 21
administering to an animal owned by him or her or by a member of his or her 22
household. 23
Section 2. KRS 218A.1412 is amended to read as follows: 24
(1) A person is guilty of trafficking in a controlled substance in the first degree when he 25
or she knowingly and unlawfully traffics in: 26
(a) Four (4) grams or more of cocaine; 27 UNOFFICIAL COPY 22 RS BR 983
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(b) Two (2) grams or more of methamphetamine; 1
(c) Ten (10) or more dosage units of a controlled substance that is classified in 2
Schedules I or II and is a narcotic drug, or a controlled substance analogue; 3
(d) Any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; lysergic 4
acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), 5
including its salts, isomers, salts of isomers, and analogues; kratom; or 6
flunitrazepam, including its salts, isomers, and salts of isomers; or 7
(e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of 8
this subsection in an amount less than the amounts specified in those 9
paragraphs. 10
(2) The amounts specified in subsection (1) of this section may occur in a single 11
transaction or may occur in a series of transactions over a period of time not to 12
exceed ninety (90) days that cumulatively result in the quantities specified in this 13
section. 14
(3) (a) Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) of 15
this section shall be guilty of a Class C felony for the first offense and a Class 16
B felony for a second or subsequent offense. 17
(b) Any person who violates the provisions of subsection (1)(e) of this section 18
shall be guilty of a Class D felony for the first offense and a Class C felony for 19
a second or subsequent offense. 20
(c) Any person convicted of a Class C felony offense or higher under this section 21
shall not be released on probation, shock probation, parole, conditional 22
discharge, or other form of early release until he or she has served at least fifty 23
percent (50%) of the sentence imposed in cases where the trafficked substance 24
was heroin, fentanyl, carfentanil, or fentanyl derivatives. 25
Section 3. KRS 218A.1415 is amended to read as follows: 26
(1) A person is guilty of possession of a controlled substance in the first degree when 27 UNOFFICIAL COPY 22 RS BR 983
Page 17 of 17
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he or she knowingly and unlawfully possesses: 1
(a) A controlled substance that is classified in Schedules I or II and is a narcotic 2
drug; 3
(b) A controlled substance analogue; 4
(c) Methamphetamine; 5
(d) Lysergic acid diethylamide; 6
(e) Phencyclidine; 7
(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of 8
isomers, and analogues;[ or] 9
(g) Flunitrazepam, including its salts, isomers, and salts of isomers; or 10
(h) Kratom. 11
(2) Possession of a controlled substance in the first degree is a Class D felony subject to 12
the following provisions: 13
(a) The maximum term of incarceration shall be no greater than three (3) years, 14
notwithstanding KRS Chapter 532; 15
(b) For a person's first or second offense under this section, he or she may be 16
subject to a period of: 17
1. Deferred prosecution pursuant to KRS 218A.14151; or 18
2. Presumptive probation; 19
(c) Deferred prosecution under paragraph (b) of this subsection shall be the 20
preferred alternative for a first offense; and 21
(d) If a person does not enter a deferred prosecution program for his or her first or 22
second offense, he or she shall be subject to a period of presumptive 23
probation, unless a court determines the defendant is not eligible for 24
presumptive probation as defined in KRS 218A.010. 25