218A.1437 Unlawful possession of a methamphetamine precursor -- Prima facie
evidence of intent -- Penalties.
(1)
(2)
(3)
A person is guilty of unlawful possession of a methamphetamine precursor when he
or she knowingly and unlawfully possesses a drug product or combination of drug
products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their
salts, isomers, or salts of isomers, with the intent to use the drug product or
combination of drug products as a precursor to manufacturing methamphetamine or
other controlled substance.
(a) Except as provided in paragraph (b) of this subsection, possession of a drug
product or combination of drug products containing more than nine (9) grams
of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts,
isomers, or salts of isomers, within any thirty (30) day period shall constitute
prima facie evidence of the intent to use the drug product or combination of
drug products as a precursor to methamphetamine or other controlled
substance.
(b) The prima facie evidence referred to in paragraph (a) of this subsection shall
not apply to the following persons who lawfully possess a drug product or
combination of drug products listed in subsection (1) of this section in the
course of legitimate business:
1.
A retail distributor of drug products or wholesaler of drug products or its
agent;
2.
A wholesale drug distributor, or its agent, issued a permit by the Board
of Pharmacy;
3.
A pharmacist licensed by the Board of Pharmacy;
4.
A pharmacy permitted by the Board of Pharmacy;
5.
A licensed health care professional possessing the drug products in the
course of carrying out his or her profession;
6.
A trained chemist working in a properly equipped research laboratory in
an education, government, or corporate setting; or
7.
A common carrier under contract with any of the persons or entities set
out in subparagraphs 1. to 6. of this paragraph.
Unlawful possession of a methamphetamine precursor is a Class D felony for the
first offense and a Class C felony for each subsequent offense.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 150, sec. 10, effective June 20, 2005. -- Created
2002 Ky. Acts ch. 170, sec. 1, effective July 15, 2002.
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