UNOFFICIAL COPY 25 RS BR 868
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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. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "hospital" means a facility licensed pursuant to KRS 5
Chapter 216B as either an acute care hospital, psychiatric hospital, rehabilitation 6
hospital, or chemical dependency treatment facility. 7
(2) Any person who unlawfully traffics in a controlled substance classified in 8
Schedule I, II, III, IV, or V, or a controlled substance analogue, in any hospital 9
building, on hospital grounds, or on any premises owned or controlled by a 10
hospital shall be guilty of a Class D felony, unless a more severe penalty is set 11
forth in this chapter, in which case the higher penalty shall apply. 12
(3) The provisions of subsection (2) of this section shall not apply to any 13
misdemeanor offense relating to salvia. 14
(4) Each hospital shall display in prominent locations, which may include parking 15
lots, lobbies, waiting rooms, and cafeterias, a sign at least six (6) inches high and 16
fourteen (14) inches wide stating: 17
UNLAWFUL POSSESSION OR TRAFFICKING OF A 18
CONTROLLED SUBSTANCE ON HOSPITAL 19
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 20
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 21
TEN THOUSAND DOLLAR ($10,000) FINE. 22
Failure to post the sign shall not relieve any person of liability under this section. 23
Section 2. KRS 218A.1415 is amended to read as follows: 24
(1) A person is guilty of possession of a controlled substance in the first degree when 25
he or she knowingly and unlawfully possesses: 26
(a) A controlled substance that is classified in Schedules I or II and is a narcotic 27 UNOFFICIAL COPY 25 RS BR 868
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drug; 1
(b) A controlled substance analogue; 2
(c) Methamphetamine; 3
(d) Lysergic acid diethylamide; 4
(e) Phencyclidine; 5
(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of 6
isomers, and analogues; or 7
(g) Flunitrazepam, including its salts, isomers, and salts of isomers. 8
(2) Except as provided in subsection (3) of this section, possession of a controlled 9
substance in the first degree is a Class D felony subject to the following provisions: 10
(a) The maximum term of incarceration shall be no greater than three (3) years, 11
notwithstanding KRS Chapter 532; 12
(b) For a person's first or second offense under this section, he or she may be 13
subject to a period of: 14
1. Deferred prosecution pursuant to KRS 218A.14151; or 15
2. Presumptive probation; 16
(c) Deferred prosecution under paragraph (b) of this subsection shall be the 17
preferred alternative for a first offense; and 18
(d) If a person does not enter a deferred prosecution program for his or her first or 19
second offense, he or she shall be subject to a period of presumptive 20
probation, unless a court determines the defendant is not eligible for 21
presumptive probation as defined in KRS 218A.010. 22
(3) (a) Possession of a controlled substance in any hospital building, on hospital 23
grounds, or on any premises owned or controlled by a hospital is a Class D 24
felony, unless a more severe penalty is set forth in this chapter, in which 25
case the higher penalty shall apply. 26
(b) As used in this subsection, "hospital" means a facility licensed pursuant to 27 UNOFFICIAL COPY 25 RS BR 868
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KRS Chapter 216B as either an acute care hospital, psychiatric hospital, 1
rehabilitation hospital, or chemical dependency treatment facility. 2