218A.500 Definitions for KRS 218A.500 and 218A.510 -- Unlawful practices --

1,154 words·~5 min read·/ky/218a-500

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Substance abuse treatment outreach program -- Informing peace officer about

presence of needles or other sharp objects before search -- Retail pharmacy

exception -- Narcotic drug testing products-- Penalties. As used in this section and KRS 218A.510:

(1)"Drug paraphernalia" means all equipment, products and materials of any kind

which are used, intended for use, or designed for use in planting, propagating,

cultivating, growing, harvesting, manufacturing, compounding, converting,

producing, processing, preparing, testing, analyzing, packaging, repackaging,

storing, containing, concealing, injecting, ingesting, inhaling, or otherwise

introducing into the human body a controlled substance in violation of this chapter.

The term "drug paraphernalia" does not include medicinal cannabis accessories as

defined in KRS 218B.010. It includes but is not limited to:

(a)Kits used, intended for use, or designed for use in planting, propagating,

cultivating, growing, or harvesting of any species of plant which is a

controlled substance or from which a controlled substance can be derived;

(b)Kits used, intended for use, or designed for use in manufacturing,

compounding, converting, producing, processing, or preparing controlled

substances;

(c)Isomerization devices used, intended for use, or designed for use in increasing

the potency of any species of plant which is a controlled substance;

(d)Except as provided in subsection

(7)of this section, testing equipment used,

intended for use, or designed for use in analyzing the strength, effectiveness,

or purity of controlled substances;

(e)Scales and balances used, intended for use, or designed for use in weighing or

measuring controlled substances;

(f)Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,

dextrose and lactose, used, intended for use, or designed for use in cutting

controlled substances;

(g)Separation gins and sifters used, intended for use, or designed for use in

removing twigs and seeds from, or in otherwise cleaning or refining

marijuana;

(h)Blenders, bowls, containers, spoons, and mixing devices used, intended for

use, or designed for use in compounding controlled substances;

(i)Capsules, balloons, envelopes, and other containers used, intended for use, or

designed for use in packaging small quantities of controlled substances;

(j)Containers and other objects used, intended for use, or designed for use in

storing or concealing controlled substances;

(k)Hypodermic syringes, needles, and other objects used, intended for use, or

designed for use in parenterally injecting controlled substances into the human

body; and

(l)Objects used, intended for use, or designed for use in ingesting, inhaling, or

otherwise introducing marijuana, cocaine, hashish, or hashish oil into the

human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic

pipes with or without screens, permanent screens, hashish heads, or punctured

metal bowls; water pipes; carburetion tubes and devices; smoking and

carburetion masks; roach clips which mean objects used to hold burning

material, such as marijuana cigarettes, that have become too small or too short

to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber

pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice

pipes or chillers.

(2)It is unlawful for any person to use, or to possess with intent to use, drug

paraphernalia for the purpose of planting, propagating, cultivating, growing,

harvesting, manufacturing, compounding, converting, producing, processing,

preparing, testing, analyzing, packing, repacking, storing, containing, concealing,

injecting, ingesting, inhaling, or otherwise introducing into the human body a

controlled substance in violation of this chapter.

(3)It is unlawful for any person to deliver, possess with intent to deliver, or

manufacture with intent to deliver, drug paraphernalia, knowing, or under

circumstances where one reasonably should know, that it will be used to plant,

propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,

process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,

inhale, or otherwise introduce into the human body a controlled substance in

violation of this chapter.

(4)It is unlawful for any person to place in any newspaper, magazine, handbill, or

other publication any advertisement, knowing, or under circumstances where one

reasonably should know, that the purpose of the advertisement, in whole or in part,

is to promote the sale of objects designed or intended for use as drug paraphernalia.

(a)This section shall not prohibit a local health department from operating a

substance abuse treatment outreach program which allows participants to

exchange hypodermic needles and syringes.

(b)To operate a substance abuse treatment outreach program under this

subsection, the local health department shall have the consent, which may be

revoked at any time, of the local board of health and:

1. The legislative body of the first or home rule class city in which the

program would operate if located in such a city; and

2. The legislative body of the county, urban-county government, or

consolidated local government in which the program would operate.

(c)Items exchanged at the program shall not be deemed drug paraphernalia under

this section while located at the program.

(a)Prior to searching a person, a person's premises, or a person's vehicle, a peace

officer may inquire as to the presence of needles or other sharp objects in the

areas to be searched that may cut or puncture the officer and offer to not

charge a person with possession of drug paraphernalia if the person declares

to the officer the presence of the needle or other sharp object. If, in response

to the offer, the person admits to the presence of the needle or other sharp

object prior to the search, the person shall not be charged with or prosecuted

for possession of drug paraphernalia for the needle or sharp object or for

possession of a controlled substance for residual or trace drug amounts

present on the needle or sharp object.

(b)The exemption under this subsection shall not apply to any other drug

paraphernalia that may be present and found during the search or to controlled

substances present in other than residual or trace amounts.

(a)This section shall not prohibit the retail sale of hypodermic syringes and

needles without a prescription in pharmacies.

(b)Hypodermic syringe and needle inventory of a pharmacy shall not be deemed

drug paraphernalia under this section.

testing products utilized in determining whether a controlled substance

contains a synthetic opioid or its analogues shall not be deemed drug

paraphernalia under this section.

2. A narcotic drug testing product that is utilized in conjunction with the

importation, manufacture, or selling of fentanyl or a fentanyl analogue

in violation of this chapter shall be deemed drug paraphernalia under

this section.

(d)Notwithstanding any other statute to the contrary, possession of a narcotic

drug testing product used in accordance with paragraph (c)1. of this

subsection that contains residual or trace amounts of a synthetic opioid or an

analogue thereof shall not be prosecuted as possession of a controlled

substance under any provision of this chapter.

(8)Any person who violates any provision of this section shall be guilty of a Class A

misdemeanor.