Kentucky Laws

Kentucky Laws & Regulations

The information contained on this website is provided for informational purposes only and should not be construed as legal advice on any matter. The Information constitutes general information of applicable administrative regulation and/or laws related to general topics in the arena of controlled substance misuse and abuse and may not reflect current legal developments and updates. Please refer to your state legislature for any potential changes. 

Kentucky Administrative Regulations

Kentucky Revised Statutes

Kentucky Advertising/Marketing Information

• KRS 217.105 – When advertising deemed false
• KRS 218A.500 – Definitions for KRS 218A.500 and 218A.510 — Unlawful practices — 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
• KRS 218A.1403 – Advertising controlled substance — Penalties.

Kentucky Child Safety Information

• KRS 218A.1441 – Controlled substance endangerment to a child in the first degree — Penalty.
• KRS 218A.1442 – Controlled substance endangerment to a child in the second degree — Penalty.
• KRS 218A.1443 – Controlled substance endangerment to a child in the third degree — Penalty.
• KRS 218A.1444 – Controlled substance endangerment to a child in the fourth degree — Penalty.
• KRS 600.020 – Definitions for KRS Chapters 600 to 645
• KRS 620.023 – Evidence to be considered in determining the best interest of a child.
• KRS Chapter 620 – Dependency, Neglect, and Abuse

Kentucky Compounding Information

• KRS 315.010 – Definitions for chapter
• KRS Chapter 315 – Pharmacists and Pharmacies

Kentucky Coroner/Medical Examiner Information

• KRS 64.185 – Coroners and deputies — Compensation schedules — Continuing education — Expense allowance — Training requirements — Limitation on number of deputy coroners.
• KRS 72.026 – Testing for presence of controlled substances in post-mortem examination — When required — Reporting of drug overdose — Administrative regulations.
• KRS Chapter 72 – Coroners, Inquests, and Medical Examinations

Kentucky Drug Checking Information (Test Strips)

• KRS 218A.500 – Definitions for KRS 218A.500 and 218A.510 — Unlawful practices — 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
• KRS 218A.510 – Factors to be considered in determining whether object is drug
  paraphernalia.

Kentucky Drug Cleanup Information (Methamphetamine & Fentanyl Labs)

• KRS 211.180 – Functions of cabinet in the regulation of certain health matters — Inspection fees — Hearing.
• KRS 212.245 – Powers of local health departments.
• KRS 218A.141 – Additional penalties for trafficking in controlled substance other than salvia or marijuana.
• KRS 224.1-410 – Legislative findings regarding methamphetamine contamination — — Definitions — Decontamination standards — Procedures for assessment — Tiered response system — Certification by owner that property cleaned and standard met — Certification of decontamination contractors — Posting methamphetamine contamination notice — Written notice of property contamination to buyer or lessee — Integrated state effort — Federal funding to be pursued.
• Title 401 KAR Chapter 101 – Methamphetamines
• 902 KAR 47:200 – Public health methamphetamine contamination.

Kentucky Drug Court Information

• KRS 218A.275 – Assessment and treatment program for first offenders of possession of controlled substance — Rescission of treatment order — Voiding of conviction — Sealing of records.
• KRS 218A.276 – Assessment and treatment program for possessors of marijuana, synthetic drugs, or salvia — Rescission of treatment order — Voiding of conviction — Sealing of records.
• KRS 218A.14151 – Deferred prosecution program for first and second offenders of KRS 218A.1415.

Kentucky Drug Free Workplace Information

• KRS 18A.043 – Administrative regulations to implement Federal Drug-Free Workplace Act.

Kentucky Drugged Driving Information

• KRS 189A.010 – Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited — Admissibility of alcohol concentration or controlled substance test results — Presumptions — Penalties — Aggravating circumstances.
• KRS Chapter 189A – Driving Under the Influence

Kentucky Drug Violations Information

• KRS Chapter 217 – Food, Drug and Cosmetic Act
• KRS Chapter 218A – Controlled Substances
• KRS 217.055 – When drug deemed adulterated
• KRS 217.065 – When drug or device deemed misbranded
• KRS 217.175 – Prohibited Acts
• KRS 217.208 Forgery of a prescription
• KRS 217.209 – Criminal possession of a forged prescription
• KRS 218A.010 – Definitions for Chapter
• KRS 218A.140 – Prohibited acts relating to controlled substances — Penalties. (Includes “Doctor Shopping”)
• KRS 218A.142 – Aggravated trafficking in controlled substance in first degree (Dalton’s Law)
• KRS 218A.205 – Reports of improper, inappropriate, or illegal prescribing or dispensing of controlled substances — Administrative regulations for prescribing and dispensing protocols and licensure actions and requirements — Presumption of medical necessity — Complaint procedure — Criminal record check.
• KRS 218A.210 – Controlled substances may be possessed only in original container — Penalties.
• KRS 218A.240 – Controlled substances — Duties and authority of state and local officers, Cabinet for Health and Family Services, and Kentucky Board of Pharmacy — Civil proceedings — Identification of trends — Identification of prescribers, dispensers, and patients for licensing board — Review of hospital’s or health care facility’s prescribing and dispensing practices — Notice to patients of practitioner’s loss of prescribing privileges.
• KRS 218A.280 – Controlled substances — Communications with practitioner not privileged.
• KRS 218A.282 – Forgery of a prescription.
• KRS 218A.284 – Criminal possession of a forged prescription.
• KRS 218A.286 – Theft, criminal possession, trafficking, or unlawful possession of a prescription or blank.
• KRS 218A.288 – Seizure of unlawful prescription.
• KRS 218A.320 – Criminal possession of a medical record — Penalties.
• KRS 218A.322 – Theft of a medical record — Penalties.
• KRS 218A.324 – Criminal falsification of a medical record — Penalties.
• KRS 218A.350 – Prohibited practices concerning substances that simulate controlled substances — Penalties.
• KRS 218A.500 – Definitions for KRS 218A.500 and 218A.510 — Unlawful practices — 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
• KRS 218A.510 – Factors to be considered in determining whether object is drug paraphernalia
• KRS 218A.1401 – Selling controlled substances other than salvia to minor — Penalties.
• KRS 218A.1404 – Prohibited activities relating to controlled substances — Penalties.
• KRS 218A.1410 – Importing heroin, carfentanil, fentanyl, or fentanyl derivatives.
• KRS 218A.1411 – Trafficking in controlled substance in or near school — Exception for misdemeanor salvia offenses — Penalty.
• KRS 218A.1412 – Trafficking in controlled substance in first degree — Penalties.
• KRS 218A.14141 – Trafficking in a misrepresented controlled substance
• KRS 218A.1415 – Possession of controlled substance in first degree — Penalties.
• KRS 218A.1430 – Trafficking in synthetic drugs — Penalties — Affirmative defense — Possession of synthetic drugs — Penalties.
• KRS 218A.1432 – Manufacturing Methamphetamine – Penalties

Kentucky Electronic Prescribing Information

• KRS 217.211 – Electronic prescribing
• KRS 218A.171 – Electronic prescribing
• KRS 218A.182 – Electronic prescribing of controlled substances required — Exceptions — Duties of pharmacist — Administrative regulations.
• 902 KAR 55:130 – Electronic prescribing of controlled substances. [Section 1(a,b)]

Kentucky First Responder Deflection Program(s) Information

• KRS 210.365 – Crisis intervention team (CIT) training for firefighters and law enforcement officers — Curriculum — Individual and aggregate reports — Telephonic behavioral health jail triage system.
• KRS 15.525 – Referral program for substance abuse treatment — Information exempt from disclosure under KRS 61.878(1)(a) — Limitation of liability.

Kentucky 911 – Good Samaritan Information

• KRS 218A.133 – Exemption from prosecution for possession of controlled substance or drug paraphernalia if seeking assistance with drug overdose.

Kentucky Medical Marijuana, Recreational Marijuana & CBD Information

• 902 KAR 45 – Food and Cosmetics
• Chapter 146 – AN ACT relating to Medical Cannabis (Signed by Governor 3/31/2023)
• Chapter 218B – Medicinal Cannabis
• KRS 217.039 – Ingestible or cosmetic cannabidiol products — Manufacturer or processor to be permitted — Labeling and certificate of analysis requirements.
• ​​​​​Kentucky Medical Cannabis Laws

Kentucky Medication Assisted Treatment (MAT) Information

• 201 KAR 9:270 – Professional standards for prescribing, dispensing, or administering Buprenorphine-Mono-Product or Buprenorphine-Combined-with-Naloxone.
• 908 KAR 1:374 – Licensure of nonhospital-based outpatient alcohol and other drug treatment entities.

Kentucky Naloxone Information

• KRS 217.186 – Definition — Provider prescribing or dispensing opioid antagonist — Administration by third party — Use of opioid antagonist by person or agency authorized to administer medication — Immunity from liability — Administrative regulations — Use of opioid antagonist by schools — Use of opioid antagonist by licensed health care provider.
• 201 KAR 2:360 – Opioid antagonist dispensing.

Kentucky Needle Exchange Programs (NEP) & Syringe Services programs (SSP) Information

• KRS 217.177 – Sale and disposal of hypodermic syringes or needles
• KRS 218A.500 – Definitions for KRS 218A.500 and 218A.510 — Unlawful practices — 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
• KRS 218A.510 – Factors to be considered in determining whether object is drug paraphernalia

Kentucky Neonatal Abstinence Syndrome (NAS), Neonatal Opioid Withdrawal (NOWS) Information

• KRS 211.672 – Definitions for KRS 211.672 to 211.678.
• KRS 211.676 – Reporting of neonatal abstinence syndrome cases.
• KRS 211.678 – Information reported under KRS 211.672 to 211.678 — Annual publication of data regarding reports made relating to neonatal abstinence syndrome.
• KRS 214.160 – Blood specimen of pregnant women to be taken — Laboratory test — Substance abuse tests of pregnant women and newborn infants — Use of tests — Report if infant is affected by substance abuse withdrawal symptoms — Tests for presence of hepatitis B and hepatitis C.
• KRS 214.175 – Anonymous surveys of substance abuse during pregnancy — Participation — Confidentiality — Funding.
• KRS 218A.274 – Pregnant women to receive priority by state-funded substance abuse treatment or recovery service providers.

Kentucky Opioid Litigation Proceeds Information

• 40 KAR 9010 – General Application Procedure
• 40 KAR 9020 – Local Government Application Procedure
• Kentucky Office of the Attorney General – Opioid Settlement Information
• KRS 15.291 – Kentucky Opioid Abatement Advisory Commission — Membership — Meetings — Criteria for award of moneys from opioid abatement trust fund.
• KRS 15.293 – Opioid abatement trust fund.
• KRS 15.295 – Local government fee fund.

Kentucky Overdose Prevention Centers (OPC), Supervised Consumption Sites (SCS), Supervised Injection Facilities (SIF) Information

• NO STATE SPECIFIC INFORMATION IDENTIFIED

Kentucky Overdose Surveillance/Reporting Information

• NO STATE SPECIFIC INFORMATION IDENTIFIED

Kentucky Pain Management Information

• 201 KAR 9:250 – Registration and oversight of pain management facilities
• 201 KAR 9:260 – Professional standards for prescribing, dispensing, and administering controlled substances.
• KRS 218A.172 – Administrative regulations on prescribing or dispensing of Schedule II controlled substance or Schedule III controlled substance containing hydrocodone — Continuing course of treatment — Recordkeeping — Exemptions.
• KRS 218A.175 – Pain management facilities — Physician ownership required — Additional activities permitted to qualifying facilities — Certification requirements — Payment for services rendered or goods provided — Compliance with section as additional licensure condition — Penalty for violation.

Kentucky Pill Press & Counterfeit Medication Information

• KRS 217.175 – Prohibited Acts
• NO STATE SPECIFIC INFORMATION IDENTIFIED RE: Pill Presses

Kentucky Prescription Drug Drop-Off Information

• KRS 218A.170 – Sale, distribution, administration, or prescription of controlled substances by licensed manufacturers, distributors, wholesalers, pharmacists, or practitioners — Nontoxic compositions for safe disposal of controlled substances — Duties of pharmacists and practitioners — Penalties.
• 902 KAR 55:120 – Disposal of prescription controlled substances.

Kentucky Prescription Drug Importation Information

• NO STATE SPECIFIC INFORMATION IDENTIFIED

Kentucky Prescription Drug Monitoring Program Information

• KRS 218A.182 – Electronic prescribing of controlled substances required — Exceptions — Duties of pharmacist — Administrative regulations.
• KRS 218A.202 – Electronic system for monitoring controlled substances — Required registration and reporting — Penalty for illegal use of system — Continuing education programs — Reports of failure to comply with section — Quarterly reviews to identify patterns of improper prescribing or dispensing — Administrative regulations — Collection and retention of drug conviction data.
• KRS 218A.390 – Prescription Monitoring Program Compact.
• KRS 218A.391 – Gubernatorial appointments to Prescription Monitoring Program Compact.
• 201 KAR 9:230 – Required registration in the KASPER system; legal requirements for prescribing controlled substances in the Commonwealth of Kentucky; enforcement.
• 902 KAR 55:110 – Monitoring system for prescription controlled substances.

Kentucky Precursor Chemicals/Including Pseudoephedrine Information

• Kentucky Office of Drug Control Policy – Cold-Allergy Medication Restrictions
• KRS 218A.1437 – Unlawful possession of a methamphetamine precursor — Prima facie evidence of intent — Penalties.
• KRS 218A.1438 – Unlawful distribution of a methamphetamine precursor — Penalties.
• KRS 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.
• KRS 218A.1446 – Requirements for dispensing of ephedrine-based products — Log or recordkeeping mechanism — Thirty-day and one-year quantity limitations on ephedrine-based products — Exceptions — Preemption of local laws — Blocking mechanism — Annual report
• National Association of Chain Drug Stores

Kentucky Prison/Jail Program(s) Information

• KRS 439.650 – Definitions for KRS 439.650 to 439.657.
• KRS 439.651 – Reentry drug supervision pilot program — Duration — Elements — Evaluation — Reports — Administrative regulations.
• KRS 439.652 – Administration and oversight of pilot program — Reentry team members, training, and functions — Confidentiality of proceedings — Exception.
• KRS 439.653 – Referral of inmates or parolees to pilot program — Substance use disorder assessments — Factors to be considered — Conditions of referral.
• KRS 439.654 – Structure and content of pilot program (reentry)

Kentucky School Programs/Information

• KRS 156.502 – Health services in school setting — Designated provider — Liability protection.
• KRS 217.186 – Definition — Provider prescribing or dispensing opioid antagonist — Administration by third party — Use of opioid antagonist by person or agency authorized to administer medication — Immunity from liability — Administrative regulations — Use of opioid antagonist by schools — Use of opioid antagonist by licensed health care provider.
• 201 KAR 2:360 – Opioid antagonist dispensing.

Kentucky Sober Living Homes/Recovery Residence Information

• Chapter 85 – AN ACT relating to recovery housing.
• 908 KAR 1:370 – Licensing procedures, fees, and general requirements for nonhospital-based alcohol and other drug treatment entities.
• KRS 222.500 – Definitions for KRS 222.500 to KRS 222.510
• KRS 222.502 – Certification required for residences promoting recovery from substance use disorder — Exceptions.
• KRS 222.504 – Powers and duties of cabinet — Legal actions.
• KRS 222.506 – Requirements for recovery residences — Prohibition against providing medical and clinical services — Exceptions.
• KRS 222.508 – Entities required to refer individuals to certified or recognized recovery residences — Consideration of certified or recognized residences by courts — Eligibility for state and federal funding.
• KRS 222.510 – Local government’s authority to regulate use of property.

Kentucky Substance Abuse Services Information

• Chapter 86 – AN ACT relating to the assignment of substance abuse or mental health treatment benefits. (Signed by Governor 3/24/2023)
• KRS 218A.274 – Pregnant women to receive priority by state-funded substance abuse treatment or recovery service providers.
• KRS 218A.278 – Pilot program to analyze outcomes and effectiveness of substance abuse treatment programs.
• KRS §222.430 – Involuntary treatment for substance use disorder — Rights of patient.
• KRS §222.431 – Criteria for involuntary treatment

Kentucky Telemedicine/Telehealth Information

• KRS 194A.105 – Division of Telehealth Services created in the Office of Inspector General — Duties and responsibilities concerning delivery of care using telehealth.
• KRS 211.332 – Definitions for KRS 211.332 to 211.338.
• KRS 211.334 – Establishment of minimum standards and requirements for use of telehealth — Administrative regulations — Study and annual report on impact of telehealth on care in state.
• KRS 211.335 – Administrative regulations to define “temporarily located” in glossary of telehealth terminology.
• KRS 211.336 – Duties of agency promulgating administrative regulations relating to telehealth — Restrictions.
• KRS 211.338 – Inapplicability of KRS 211.332 to 211.338 to Department of Workers’ Claims.
• Cabinet for Health and Family Services (CHFS) – Laws, Policies and Guidance

Last Updated – 7/25/2024

Please report any broken links to tech@naddi.org