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218A.1438
Unlawful distribution of a methamphetamine precursor -Penalties.
(1)
(2)
(3)
Notwithstanding KRS 218A.1446, a person is guilty of unlawful distribution of a
methamphetamine precursor when he or she knowingly and unlawfully sells,
transfers, distributes, dispenses, or possesses with the intent to sell, transfer,
distribute, or dispense any drug product or combination of drug products
containing ephedrine, pseudoephedrine, or phenylpropanolamine, or any of
their salts, isomers, or salts of isomers, if the person knows that the purchaser
intends that the drug product or combination of drug products will be used as a
precursor to methamphetamine or other controlled substance, or if the person
sells, transfers, distributes, or dispenses the drug product or combination of
drug products with reckless disregard as to how the drug product or
combination of drug products will be used.
Unlawful distribution of a methamphetamine precursor is a Class D felony for
the first offense and a Class C felony for each subsequent offense.
In addition to the criminal penalty specified in subsection (2) of this section, or
in lieu of the criminal penalty specified in subsection (2) of this section, any
person who traffics in or transfers any drug product or combination of drug
products specified in subsection (1) of this section intentionally or recklessly
with knowledge of or reason to know that the drug product or combination of
drug products will be used to illegally manufacture methamphetamine or other
controlled substance shall be liable for damages in a civil action for all
damages, whether directly or indirectly caused by the sale or trafficking or
transfer of the drug product or drug products.
(a) Damages may include but are not limited to:
1.
Any and all costs of detecting, investigating, and cleaning up or
remediating unlawfully operated laboratories or other facilities for the
illegal manufacture of methamphetamine or other controlled
substance;
2.
Costs of prosecution of criminal cases arising from the illegal sale,
transfer, distribution, manufacture, or dispensing of a controlled
substance or their precursors;
3.
Court costs and reasonable attorney's fees for bringing this civil
action;
4.
Consequential damages; and
5.
Punitive damages.
(b) A civil action to recover damages against a person or persons violating
this section may be brought by the Attorney General, an attorney of the
Justice and Public Safety Cabinet, or by any Commonwealth's attorney in
whose jurisdiction the defendant may be shown to have committed an act
specified in this section.
(c) All moneys collected pursuant to such civil action shall be distributed in
the following order:
1.
Court costs and reasonable attorney's fees for bringing this civil
action;
2.
3.
4.
The reimbursement of all reasonable costs of detecting,
investigating, cleaning up or remediating the laboratory or other
facility utilized for manufacture of methamphetamine underlying the
present judgment;
The reasonable costs of prosecution of criminal cases arising from
trafficking in or transfer of a precursor for the illegal manufacture of
methamphetamine giving rise to the present judgment; and
All remaining moneys shall be distributed to the General Fund.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 71, sec. 10, effective July 15, 2014. -Amended 2005 Ky. Acts ch. 150, sec. 11, effective June 20, 2005. -- Created
2002 Ky. Acts ch. 170, sec. 2, effective July 15, 2002.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 150, sec.
11, amended KRS 218A.1438. This amendment inserted the following phrase at
the beginning of the section: "Notwithstanding Section 3 of this Act," it appears
that this reference is not correct. Section 3 of this Act was a newly created
section, which was codified as KRS 218A.1442, and deals with controlled
substance endangerment to children. A representative of the executive agency
that prepared the original draft of this bill has told LRC staff that the reference
should have been to Section 6 of the bill, a newly created section, which was
codified as KRS 218A.1446, and deals with requirements for dispensing certain
nonprescription drugs.
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