2015 Kentucky Revised Statutes CHAPTER 218A - CONTROLLED SUBSTANCES 218A.1440 Unlawful possession of ephedrine-based products -- AOC to provide Office of Drug Control Policy with updated information on certain drug offenders -- Convicting court to inform defendant of restrictions.
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218A.1440 Unlawful possession of ephedrine-based products -- AOC to provide
Office of Drug Control Policy with updated information on certain drug
offenders -- Convicting court to inform defendant of restrictions.
(1)
(2)
(3)
(a)
Notwithstanding KRS 218A.1446, it shall be unlawful for a person convicted
after July 12, 2013, of any offense in this chapter relating to
methamphetamine or any offense in KRS Chapter 250 or 514 relating to
anhydrous ammonia to possess or attempt to possess any compound, mixture,
or preparation containing ephedrine, pseudoephedrine, phenylpropanolamine,
their salts or optical isomers, or salts of optical isomers until ten (10) years
have elapsed from the date the person was convicted, unless the offense was a
violation of KRS 218A.1432, in which case the prohibition shall be
permanent.
(b) Notwithstanding KRS 218A.1446, it shall be unlawful for a person convicted
prior to July 12, 2013, of any offense in this chapter relating to
methamphetamine or any offense in KRS Chapter 250 or 514 relating to
anhydrous ammonia to possess or attempt to possess any compound, mixture,
or preparation containing ephedrine, pseudoephedrine, phenylpropanolamine,
their salts or optical isomers, or salts of optical isomers without a prescription
until ten (10) years have elapsed from the date the person was convicted,
unless the offense was a violation of KRS 218A.1432, in which case the
prohibition shall be permanent.
The Administrative Office of the Courts shall report monthly to the Office of Drug
Control Policy for utilization in the electronic logging or recordkeeping mechanism
required under KRS 218A.1446 the conviction of any person for any offense in this
chapter relating to methamphetamine or any offense in KRS Chapter 250 or 514
relating to anyhydrous ammonia, as well as the vacating, reversing, or overruling of
any previously reported conviction. The information reported shall include:
(a) The defendant's name;
(b) The defendant's date of birth;
(c) The defendant's address;
(d) The defendant's identification number on a government-issued photographic
identification document if available in the defendant's records readily
available to the circuit clerk;
(e) Any offense or offenses specified in subsection (1) of this section for which
the defendant was convicted;
(f) The defendant's date of conviction; and
(g) The defendant's sentence or, if applicable, that the conviction was reversed,
overruled, or vacated.
A court convicting a defendant of an offense triggering the prohibition established
in subsection (1) of this section shall inform the defendant of the restrictions
contained in this section. Failure of a court to provide the information in accordance
with this subsection shall not affect the validity of the prohibition.
Effective: March 19, 2013
History: Amended 2013 Ky. Acts ch. 26, sec. 4, effective March 19, 2013. -- Created
2012 Ky. Acts ch. 122, sec. 2, effective July 12, 2012.
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