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218A.010 Definitions for chapter.
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"Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or
research subject by:
(a) A practitioner or by his or her authorized agent under his or her
immediate supervision and pursuant to his or her order; or
(b) The patient or research subject at the direction and in the presence of the
practitioner;
"Anabolic steroid" means any drug or hormonal substance chemically and
pharmacologically related to testosterone that promotes muscle growth and
includes those substances listed in KRS 218A.090(5) but does not include
estrogens, progestins, and anticosteroids;
"Cabinet" means the Cabinet for Health and Family Services;
"Child" means any person under the age of majority as specified in KRS 2.015;
"Cocaine" means a substance containing any quantity of cocaine, its salts,
optical and geometric isomers, and salts of isomers;
"Controlled substance" means methamphetamine, or a drug, substance, or
immediate precursor in Schedules I through V and includes a controlled
substance analogue;
(a) "Controlled substance analogue," except as provided in paragraph (b) of
this subsection, means a substance:
1.
The chemical structure of which is substantially similar to the
structure of a controlled substance in Schedule I or II; and
2.
Which has a stimulant, depressant, or hallucinogenic effect on the
central nervous system that is substantially similar to or greater than
the stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or II; or
3.
With respect to a particular person, which such person represents or
intends to have a stimulant, depressant, or hallucinogenic effect on
the central nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance in Schedule I or II.
(b) Such term does not include:
1.
Any substance for which there is an approved new drug application;
2.
With respect to a particular person, any substance if an exemption
is in effect for investigational use for that person pursuant to federal
law to the extent conduct with respect to such substance is pursuant
to such exemption; or
3.
Any substance to the extent not intended for human consumption
before the exemption described in subparagraph 2. of this
paragraph takes effect with respect to that substance;
"Counterfeit substance" means a controlled substance which, or the container
or labeling of which, without authorization, bears the trademark, trade name, or
other identifying mark, imprint, number, or device, or any likeness thereof, of a
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manufacturer, distributor, or dispenser other than the person who in fact
manufactured, distributed, or dispensed the substance;
"Dispense" means to deliver a controlled substance to an ultimate user or
research subject by or pursuant to the lawful order of a practitioner, including
the packaging, labeling, or compounding necessary to prepare the substance
for that delivery;
"Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V
controlled substance to or for the use of an ultimate user;
"Distribute" means to deliver other than by administering or dispensing a
controlled substance;
"Dosage unit" means a single pill, capsule, ampule, liquid, or other form of
administration available as a single unit;
"Drug" means:
(a) Substances recognized as drugs in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, care, mitigation, treatment,
or prevention of disease in man or animals;
(c) Substances (other than food) intended to affect the structure or any
function of the body of man or animals; and
(d) Substances intended for use as a component of any article specified in
this subsection.
It does not include devices or their components, parts, or accessories;
"Good faith prior examination," as used in KRS Chapter 218A and for criminal
prosecution only, means an in-person medical examination of the patient
conducted by the prescribing practitioner or other health-care professional
routinely relied upon in the ordinary course of his or her practice, at which time
the patient is physically examined and a medical history of the patient is
obtained. "In-person" includes telehealth examinations. This subsection shall
not be applicable to hospice providers licensed pursuant to KRS Chapter 216B;
"Hazardous chemical substance" includes any chemical substance used or
intended for use in the illegal manufacture of a controlled substance as defined
in this section or the illegal manufacture of methamphetamine as defined in
KRS 218A.1431, which:
(a) Poses an explosion hazard;
(b) Poses a fire hazard; or
(c) Is poisonous or injurious if handled, swallowed, or inhaled;
"Heroin" means a substance containing any quantity of heroin, or any of its
salts, isomers, or salts of isomers;
"Immediate precursor" means a substance which is the principal compound
commonly used or produced primarily for use, and which is an immediate
chemical intermediary used or likely to be used in the manufacture of a
controlled substance or methamphetamine, the control of which is necessary to
prevent, curtail, or limit manufacture;
(18) "Intent to manufacture" means any evidence which demonstrates a person's
conscious objective to manufacture a controlled substance or
methamphetamine. Such evidence includes but is not limited to statements and
a chemical substance's usage, quantity, manner of storage, or proximity to
other chemical substances or equipment used to manufacture a controlled
substance or methamphetamine;
(19) "Isomer" means the optical isomer, except as used in KRS 218A.050(3) and
218A.070(1)(d). As used in KRS 218A.050(3), the term "isomer" means the
optical, positional, or geometric isomer. As used in KRS 218A.070(1)(d), the
term "isomer" means the optical or geometric isomer;
(20) "Manufacture," except as provided in KRS 218A.1431, means the production,
preparation, propagation, compounding, conversion, or processing of a
controlled substance, either directly or indirectly by extraction from substances
of natural origin or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging
or repackaging of the substance or labeling or relabeling of its container except
that this term does not include activities:
(a) By a practitioner as an incident to his or her administering or dispensing
of a controlled substance in the course of his or her professional practice;
(b) By a practitioner, or by his or her authorized agent under his supervision,
for the purpose of, or as an incident to, research, teaching, or chemical
analysis and not for sale; or
(c) By a pharmacist as an incident to his or her dispensing of a controlled
substance in the course of his or her professional practice;
(21) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds or resin or any compound, mixture, or preparation which contains any
quantity of these substances. The term "marijuana" does not include industrial
hemp as defined in KRS 260.850;
(22) "Medical history," as used in KRS Chapter 218A and for criminal prosecution
only, means an accounting of a patient's medical background, including but not
limited to prior medical conditions, prescriptions, and family background;
(23) "Medical order," as used in KRS Chapter 218A and for criminal prosecution
only, means a lawful order of a specifically identified practitioner for a
specifically identified patient for the patient's health-care needs. "Medical order"
may or may not include a prescription drug order;
(24) "Medical record," as used in KRS Chapter 218A and for criminal prosecution
only, means a record, other than for financial or billing purposes, relating to a
patient, kept by a practitioner as a result of the practitioner-patient relationship;
(25) "Methamphetamine" means any substance that contains any quantity of
methamphetamine, or any of its salts, isomers, or salts of isomers;
(26) "Narcotic drug" means any of the following, whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of extraction and
chemical synthesis:
(a)
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Opium and opiate, and any salt, compound, derivative, or preparation of
opium or opiate;
(b) Any salt, compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in
paragraph (a) of this subsection, but not including the isoquinoline
alkaloids of opium;
(c) Opium poppy and poppy straw;
(d) Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed;
(e) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and
(g) Any compound, mixture, or preparation which contains any quantity of
any of the substances referred to in paragraphs (a) to (f) of this
subsection;
"Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of conversion
into a drug having addiction-forming or addiction-sustaining liability. It does not
include, unless specifically designated as controlled under KRS 218A.030, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does include its racemic and levorotatory forms;
"Opium poppy" means the plant of the species papaver somniferum L., except
its seeds;
"Person" means individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or association,
or any other legal entity;
"Physical injury" has the same meaning it has in KRS 500.080;
"Poppy straw" means all parts, except the seeds, of the opium poppy, after
mowing;
"Pharmacist" means a natural person licensed by this state to engage in the
practice of the profession of pharmacy;
"Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific
investigator, optometrist as authorized in KRS 320.240, advanced practice
registered nurse as authorized under KRS 314.011, or other person licensed,
registered, or otherwise permitted by state or federal law to acquire, distribute,
dispense, conduct research with respect to, or to administer a controlled
substance in the course of professional practice or research in this state.
"Practitioner" also includes a physician, dentist, podiatrist, veterinarian, or
advanced practice registered nurse authorized under KRS 314.011 who is a
resident of and actively practicing in a state other than Kentucky and who is
licensed and has prescriptive authority for controlled substances under the
professional licensing laws of another state, unless the person's Kentucky
license has been revoked, suspended, restricted, or probated, in which case
the terms of the Kentucky license shall prevail;
"Practitioner-patient relationship," as used in KRS Chapter 218A and for
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criminal prosecution only, means a medical relationship that exists between a
patient and a practitioner or the practitioner's designee, after the practitioner or
his or her designee has conducted at least one (1) good faith prior
examination;
"Prescription" means a written, electronic, or oral order for a drug or medicine,
or combination or mixture of drugs or medicines, or proprietary preparation,
signed or given or authorized by a medical, dental, chiropody, veterinarian,
optometric practitioner, or advanced practice registered nurse, and intended for
use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
man or other animals;
"Prescription blank," with reference to a controlled substance, means a
document that meets the requirements of KRS 218A.204 and 217.216;
"Presumptive probation" means a sentence of probation not to exceed the
maximum term specified for the offense, subject to conditions otherwise
authorized by law, that is presumed to be the appropriate sentence for certain
offenses designated in this chapter, notwithstanding contrary provisions of KRS
Chapter 533. That presumption shall only be overcome by a finding on the
record by the sentencing court of substantial and compelling reasons why the
defendant cannot be safely and effectively supervised in the community, is not
amenable to community-based treatment, or poses a significant risk to public
safety;
"Production" includes the manufacture, planting, cultivation, growing, or
harvesting of a controlled substance;
"Recovery program" means an evidence-based, nonclinical service that assists
individuals and families working toward sustained recovery from substance use
and other criminal risk factors. This can be done through an array of support
programs and services that are delivered through residential and nonresidential
means;
"Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the
plant presently classified botanically as Salvia divinorum, whether growing or
not, the seeds thereof, any extract from any part of that plant, and every
compound, manufacture, derivative, mixture, or preparation of that plant, its
seeds, or its extracts, including salts, isomers, and salts of isomers whenever
the existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation of that plant, its seeds, or extracts. The term shall
not include any other species in the genus salvia;
"Second or subsequent offense" means that for the purposes of this chapter an
offense is considered as a second or subsequent offense, if, prior to his or her
conviction of the offense, the offender has at any time been convicted under
this chapter, or under any statute of the United States, or of any state relating
to substances classified as controlled substances or counterfeit substances,
except that a prior conviction for a nontrafficking offense shall be treated as a
prior offense only when the subsequent offense is a nontrafficking offense. For
the purposes of this section, a conviction voided under KRS 218A.275 or
218A.276 shall not constitute a conviction under this chapter;
"Sell" means to dispose of a controlled substance to another person for
consideration or in furtherance of commercial distribution;
(43) "Serious physical injury" has the same meaning it has in KRS 500.080;
(44) "Synthetic cannabinoids or piperazines" means any chemical compound which
is not approved by the United States Food and Drug Administration or, if
approved, which is not dispensed or possessed in accordance with state and
federal
law,
that
contains
Benzylpiperazine
(BZP);
Trifluoromethylphenylpiperazine
(TFMPP);
1,1-Dimethylheptyl-11-hydroxytetrahydrocannabinol
(HU-210);
1-Butyl-3-(1-naphthoyl)indole; 1-Pentyl-3-(1-naphthoyl)indole; dexanabinol
(HU-211); or any compound in the following structural classes:
(a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an
alkyl,
haloalkyl,
alkenyl,
cycloalkylmethyl,
cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether
or not further substituted in the indole ring to any extent and whether or
not substituted in the naphthyl ring to any extent. Examples of this
structural class include but are not limited to JWH-015, JWH-018,
JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, and AM-2201;
(b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an
alkyl,
haloalkyl,
alkenyl,
cycloalkylmethyl,
cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether
or not further substituted in the indole ring to any extent and whether or
not substituted in the phenyl ring to any extent. Examples of this structural
class include but are not limited to JWH-167, JWH-250, JWH-251, and
RCS-8;
(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure
with substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl,
alkenyl,
cycloalkylmethyl,
cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether
or not further substituted in the indole ring to any extent and whether or
not substituted in the phenyl ring to any extent. Examples of this structural
class include but are not limited to AM-630, AM-2233, AM-694,
Pravadoline (WIN 48,098), and RCS-4;
(d) Cyclohexylphenols:
Any
compound
containing
a
2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group whether or not substituted in the cyclohexyl ring to any extent.
Examples of this structural class include but are not limited to CP 47,497
and its C8 homologue (cannabicyclohexanol);
(e) Naphthylmethylindoles:
Any
compound
containing
a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or
2-(4-morpholinyl)ethyl group whether or not further substituted in the
indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. Examples of this structural class include but are not
limited to JWH-175, JWH-184, and JWH-185;
(f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole
structure with substitution at the nitrogen atom of the pyrrole ring by an
alkyl,
haloalkyl,
alkenyl,
cycloalkylmethyl,
cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group whether
or not further substituted in the pyrrole ring to any extent and whether or
not substituted in the naphthyl ring to any extent. Examples of this
structural class include but are not limited to JWH-030, JWH-145,
JWH-146, JWH-307, and JWH-368;
(g) Naphthylmethylindenes:
Any
compound
containing
a
1-(1-naphthylmethyl)indene structure with substitution at the 3-position of
the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group whether or not further substituted in the indene ring to any extent
and whether or not substituted in the naphthyl ring to any extent.
Examples of this structural class include but are not limited to JWH-176;
(h) Tetramethylcyclopropanoylindoles: Any compound containing a
3-(1-tetramethylcyclopropoyl)indole structure with substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, cycloalkylmethyl,
cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring to any extent
and whether or not further substituted in the tetramethylcyclopropyl ring to
any extent. Examples of this structural class include but are not limited to
UR-144 and XLR-11;
(i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an
alkyl,
haloalkyl,
alkenyl,
cycloalkylmethyl,
cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether
or not further substituted in the indole ring to any extent and whether or
not substituted in the adamantyl ring system to any extent. Examples of
this structural class include but are not limited to AB-001 and AM-1248; or
(j) Any other synthetic cannabinoid or piperazine which is not approved by
the United States Food and Drug Administration or, if approved, which is
not dispensed or possessed in accordance with state and federal law;
(45) "Synthetic cathinones" means any chemical compound which is not approved
by the United States Food and Drug Administration or, if approved, which is not
dispensed or possessed in accordance with state and federal law (not including
bupropion or compounds listed under a different schedule) structurally derived
from 2-aminopropan-1-one by substitution at the 1-position with either phenyl,
naphthyl, or thiophene ring systems, whether or not the compound is further
modified in one (1) or more of the following ways:
(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy,
alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further
substituted in the ring system by one (1) or more other univalent
substituents. Examples of this class include but are not limited to
3,4-Methylenedioxycathinone (bk-MDA);
(b) By substitution at the 3-position with an acyclic alkyl substituent.
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Examples of this class include but are not limited to
2-methylamino-1-phenylbutan-1-one (buphedrone);
(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a
cyclic structure. Examples of this class include but are not limited to
Dimethylcathinone, Ethcathinone, and -Pyrrolidinopropiophenone (-PPP);
or
(d) Any other synthetic cathinone which is not approved by the United States
Food and Drug Administration or, if approved, is not dispensed or
possessed in accordance with state or federal law;
"Synthetic drugs" means any synthetic cannabinoids or piperazines or any
synthetic cathinones;
"Telehealth" has the same meaning it has in KRS 311.550;
"Tetrahydrocannabinols" means synthetic equivalents of the substances
contained in the plant, or in the resinous extractives of the plant Cannabis, sp.
or synthetic substances, derivatives, and their isomers with similar chemical
structure and pharmacological activity such as the following:
(a) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers;
(b) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and
(c) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;
"Traffic," except as provided in KRS 218A.1431, means to manufacture,
distribute, dispense, sell, transfer, or possess with intent to manufacture,
distribute, dispense, or sell a controlled substance;
"Transfer" means to dispose of a controlled substance to another person
without consideration and not in furtherance of commercial distribution; and
"Ultimate user" means a person who lawfully possesses a controlled substance
for his or her own use or for the use of a member of his or her household or for
administering to an animal owned by him or her or by a member of his or her
household.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 26, sec. 1, effective March 19, 2013; and ch.
134, sec. 15, effective June 25, 2013. -- Amended 2012 Ky. Acts ch. 108, sec.
3, effective April 11, 2012. -- Amended 2011 Ky. Acts ch. 2, sec. 5, effective
June 8, 2011; and ch. 45, sec. 15, effective March 16, 2011. -- Amended 2010
Ky. Acts ch. 85, sec. 42, effective July 15, 2010; ch. 149, sec. 4, effective April
13, 2010; and ch. 160, sec. 4, effective April 26, 2010. -- Amended 2009 Ky.
Acts ch. 12, sec. 48, effective June 25, 2009. -- Amended 2007 Ky. Acts
ch. 124, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 5, sec. 4,
effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 150, sec. 7, effective
June 20, 2005; and ch. 99, sec. 527, effective June 20, 2005 -- Amended 2003
Ky. Acts ch. 51, sec. 3, effective June 24, 2003. -- Amended 1998 Ky. Acts
ch. 301, sec. 12, effective July 15, 1998; and ch. 606, sec. 62, effective July 15,
1998. -- Amended 1996 Ky. Acts ch. 376, sec. 3, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 412, sec. 2, effective July 15, 1994. Amended
1992 Ky. Acts ch. 441, sec. 1, effective July 14, 1992. -- Amended 1974 Ky.
Acts
Legislative Research Commission Note (6/25/2013). This statute was amended
by 2013 Ky. Acts chs. 26 and 134, which do not appear to be in conflict and
have been codified together.
Legislative Research Commission Note (4/11/2012). Under the authority of KRS
7.136(1), the Reviser of Statutes has altered the format of the text in subsection
(48) of this statute during codification. The words in the text were not changed.
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