AN ACT relating to controlled substances.

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AN ACT relating to controlled substances. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 218A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "hospital" means a facility licensed pursuant to KRS 5
Chapter 216B as either an acute care hospital, psychiatric hospital, rehabilitation 6
hospital, or chemical dependency treatment facility. 7
(2) Any person who unlawfully possesses a controlled substance classified in 8
Schedules I or II in any hospital building, on hospital grounds, or on any 9
premises owned or controlled by a hospital shall be gui lty of a Class D felony, 10
unless a more severe penalty is set forth in this chapter, in which case the higher 11
penalty shall apply. 12
(3) The provisions of subsection (2) of this section shall not apply to any 13
misdemeanor offense relating to salvia. 14
(4) (a) Each hospital shall display in prominent locations, which may include 15
parking lots, lobbies, waiting rooms, and cafeterias, a sign at least six (6) 16
inches high and fourteen (14) inches wide stating: 17
UNLAWFUL POSSESSION OF A 18
CONTROLLED SUBSTANCE ON HOSPITAL 19
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 20
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 21
TEN THOUSAND DOLLAR ($10,000) FINE. 22
(b) A hospital's failure to post the sign shall not be a defense to liability under 23
this section. 24
Section 2. KRS 218A.133 is amended to read as follows: 25
(1) As used in this section: 26
(a) "Drug overdose" means an acute condition of physical illness, coma, mania, 27
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hysteria, seizure, cardiac arrest, cessation of breathi ng, or death which 1
reasonably appears to be the result of consumption or use of a controlled 2
substance, or another substance with which a controlled substance was 3
combined, and that a layperson would reasonably believe requires medical 4
assistance; and 5
(b) "Good faith" does not include seeking medical assistance during the course of 6
the execution of an arrest warrant, or search warrant, or a lawful search. 7
(2) A person shall not be charged with or prosecuted for a criminal offense prohibiting 8
the unlawful possession of a controlled substance or the possession of drug 9
paraphernalia, for a violation of KRS 507.030(1)(d) or 507.040(1)(d), or for an 10
offense punishable under KRS 218A.1412(3)(c) if: 11
(a) In good faith, medical assistance with a drug overdose is soug ht from a public 12
safety answering point, emergency medical services, a law enforcement 13
officer, or a health practitioner because the person: 14
1. Requests emergency medical assistance for himself or herself or another 15
person; 16
2. Acts in concert with another person who requests emergency medical 17
assistance; or 18
3. Appears to be in need of emergency medical assistance and is the 19
individual for whom the request was made; 20
(b) The person remains with, or is, the individual who appears to be experiencing 21
a drug overdose until the requested assistance is provided; and 22
(c) The evidence for the charge or prosecution is obtained as a result of the drug 23
overdose and the need for medical assistance. 24
(3) The provisions of subsection (2) of this section shall not extend to t he investigation 25
and prosecution of any other crimes committed by a person who otherwise qualifies 26
under this section. 27
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(4) When contact information is available for the person who requested emergency 1
medical assistance, it shall be reported to the local he alth department. Health 2
department personnel shall make contact with the person who requested emergency 3
medical assistance in order to offer referrals regarding substance abuse treatment, if 4
appropriate. 5
(5) A law enforcement officer who makes an arrest in contravention of this section 6
shall not be criminally or civilly liable for false arrest or false imprisonment if the 7
arrest was based on probable cause. 8
Section 3. KRS 218A.1415 is amended to read as follows: 9
(1) A per son is guilty of unlawful possession of a controlled substance in the first 10
degree when he or she knowingly and unlawfully possesses[: 11
(a) ] a controlled substance that is classified in Schedules I or II and is a narcotic 12
drug[; 13
(b) A controlled substance analogue; 14
(c) Methamphetamine; 15
(d) Lysergic acid diethylamide; 16
(e) Phencyclidine; 17
(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of 18
isomers, and analogues; or 19
(g) Flunitrazepam, including its salts, isomers, and salts of isomers]. 20
(2) Except as provided in subsection (3) of this section, unlawful possession of a 21
controlled substance in the first degree is a Class D felony subject to the following 22
provisions: 23
(a) The maximum term of incarceration shall be no greater than three (3) years, 24
notwithstanding KRS Chapter 532; 25
(b) For a person's first or second offense unde r this section, he or she may be 26
subject to a period of: 27
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1. Deferred prosecution pursuant to KRS 218A.14151; or 1
2. Presumptive probation; 2
(c) Deferred prosecution under paragraph (b) of this subsection shall be the 3
preferred alternative for a first offense; and 4
(d) If a person does not enter a deferred prosecution program for his or her first or 5
second offense, he or she shall be subject to a period of presumptive 6
probation, unless a court determines the defendant is not eligible for 7
presumptive probation as defined in KRS 218A.010. 8
(3) (a) Unlawful possession of a controlled substance in any hospital building, on 9
hospital grounds, or on any premises owned or controlled by a hospital is a 10
Class D felony, unless a more severe penalty is set forth in this chap ter, in 11
which case the higher penalty shall apply. 12
(b) As used in this subsection, "hospital" means a facility licensed pursuant to 13
KRS Chapter 216B as either an acute care hospital, psychiatric hospital, 14
rehabilitation hospital, or chemical dependency treatment facility. 15
Section 4. KRS 218A.1416 is amended to read as follows: 16
(1) A person is guilty of unlawful possession of a controlled substance in the second 17
degree when he or she knowingly and unlawfully possesses: 18
(a) A controlled substance classified in Schedules I or II which is not a narcotic 19
drug and not a synthetic drug, salvia, or marijuana ;[ or specified in KRS 20
218A.1415; or] 21
(b) A controlled substance classified in Schedule III; [ but not synthetic drugs, 22
salvia, or marijuana.] 23
(c) A controlled substance analogue; 24
(d) Methamphetamine; 25
(e) Lysergic acid diethylamide; 26
(f) Phencyclidine; 27
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(g) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of 1
isomers, and analogues; or 2
(h) Flunitrazepam, including its salts, isomers, and salts of isomers. 3
(2) Unlawful possession of a controlled substance in the second degree is a Class A 4
misdemeanor. 5
Section 5. KRS 218A.1417 is amended to read as follows: 6
(1) A person is guilty of unlawful possession of a controlled substance in the third 7
degree when he or she knowingly and unlawfully possesses a controlled substance 8
classified in Schedules IV or V. 9
(2) Unlawful possession of a controlled substance in the third degree is a Class A 10
misdemeanor. 11
Section 6. KRS 218A.202 is amended to read as follows: 12
(1) As used in this section: 13
(a) "Cabinet" means the Cabinet for Health and Family Services; 14
(b) "Cannabis business" has the same meaning as in KRS 218B.010; 15
(c) "Controlled substance" means any Schedule II, III, IV, or V controlled 16
substance and does not include medicinal cannabis; 17
(d) "Dispensary" has the same meaning as in KRS 218B.010; 18
(e) "Dispensary agent" has the same meaning as in KRS 218B.010; 19
(f) "Disqualifying felony offense" has the same meaning as in KRS 218B.010; 20
(g) "Medicinal cannabis" has the same meaning as in KRS 218B.010; 21
(h) "Medicinal cannabis practitioner" has the same meaning as in KRS 218B.010; 22
(i) "Registry identification card" has the same meaning as in KRS 218B.010; 23
(j) "State licensing board" has the same meaning as in KRS 218B.010; 24
(k) "Use of medicinal cannabis" has the same meaning as in KRS 218B.010; and 25
(l) "Written certification" has the same meaning as in KRS 218B.010. 26
(2) The cabinet shall establish and maintain an electronic system for monitoring 27
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Schedules II, III, IV, and V controlled substances and med icinal cannabis. The 1
cabinet may contract for the design, upgrade, or operation of this system if the 2
contract preserves all of the rights, privileges, and protections guaranteed to 3
Kentucky citizens under this chapter and the contract requires that all ot her aspects 4
of the system be operated in conformity with the requirements of this or any other 5
applicable state or federal law. 6
(3) For the purpose of monitoring the prescribing and dispensing of Schedule II, III, IV, 7
or V controlled substances: 8
(a) A practitioner or a pharmacist authorized to prescribe or dispense controlled 9
substances to humans shall register with the cabinet to use the system 10
provided for in this section and shall maintain such registration continuously 11
during the practitioner's or pharmacist's term of licensure and shall not have to 12
pay a fee or tax specifically dedicated to the operation of the system; 13
(b) Every practitioner or pharmacy which dispenses a controlled substance to a 14
person in Kentucky, or to a person at an address in Kentu cky, shall report to 15
the cabinet the data required by this section, which includes the reporting of 16
any Schedule II controlled substance dispensed at a facility licensed by the 17
cabinet and a Schedule II through Schedule V controlled substance regardless 18
of dosage when dispensed by the emergency department of a hospital to an 19
emergency department patient. Reporting shall not be required for: 20
1. A drug administered directly to a patient in a hospital, a resident of a 21
health care facility licensed under KRS Ch apter 216B, a resident of a 22
child-caring facility as defined by KRS 199.011, or an individual in a 23
jail, correctional facility, or juvenile detention facility; 24
2. A Schedule III through Schedule V controlled substance dispensed by a 25
facility licensed by th e cabinet provided that the quantity dispensed is 26
limited to an amount adequate to treat the patient for a maximum of 27
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forty-eight (48) hours and is not dispensed by the emergency department 1
of a hospital; or 2
3. A drug administered or dispensed to a researc h subject enrolled in a 3
research protocol approved by an institutional review board that has an 4
active federalwide assurance number from the United States Department 5
of Health and Human Services, Office for Human Research Protections, 6
where the research in volves single, double, or triple blind drug 7
administration or is additionally covered by a certificate of 8
confidentiality from the National Institutes of Health; 9
(c) In addition to the data required by paragraph (d) of this subsection, a 10
Kentucky-licensed acute care hospital or critical access hospital shall report to 11
the cabinet all positive toxicology screens that were performed by the 12
hospital's emergency department to evaluate the patient's suspected drug 13
overdose; 14
(d) Data for each controlled substance that is reported shall include but not be 15
limited to the following: 16
1. Patient identifier; 17
2. National drug code of the drug dispensed; 18
3. Date of dispensing; 19
4. Quantity dispensed; 20
5. Prescriber; and 21
6. Dispenser; 22
(e) The data shall be provided in the electronic format specified by the cabinet 23
unless a waiver has been granted by the cabinet to an individual dispenser. 24
The cabinet shall establish acceptable error tolerance rates for data. 25
Dispensers shall ensure that reports fall within these tolerances. Incomplete or 26
inaccurate data shall be corrected upon notification by the cabinet if the 27
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dispenser exceeds these error tolerance rates; 1
(f) The cabinet shall only disclose data to persons and entities authorized to 2
receive that data under this subsection. Disclosure to any other person or 3
entity, including disclosure in the context of a civil action where the 4
disclosure is sought either for the purpose of discovery or for evidence, is 5
prohibited unless specifically authori zed by this section. The cabinet shall be 6
authorized to provide data to: 7
1. A designated representative of a board responsible for the licensure, 8
regulation, or discipline of practitioners, pharmacists, or other person 9
who is authorized to prescribe, admin ister, or dispense controlled 10
substances and who is involved in a bona fide specific investigation 11
involving a designated person; 12
2. Employees of the Office of the Inspector General of the cabinet who 13
have successfully completed training for the electronic system and who 14
have been approved to use the system, federal prosecutors, Kentucky 15
Commonwealth's attorneys and assistant Commonwealth's attorneys, 16
county attorneys and assistant county attorneys, a peace officer certified 17
pursuant to KRS 15.380 to 15.404 , a certified or full -time peace officer 18
of another state, or a federal agent whose duty is to enforce the laws of 19
this Commonwealth, of another state, or of the United States relating to 20
drugs and who is engaged in a bona fide specific investigation invol ving 21
a designated person; 22
3. A state-operated Medicaid program in conformity with paragraph (g) of 23
this subsection; 24
4. A properly convened grand jury pursuant to a subpoena properly issued 25
for the records; 26
5. A practitioner or pharmacist, or employee of th e practitioner's or 27
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pharmacist's practice acting under the specific direction of the 1
practitioner or pharmacist, who certifies that the requested information 2
is for the purpose of: 3
a. Providing medical or pharmaceutical treatment to a bona fide 4
current or prospective patient; 5
b. Reviewing data on controlled substances that have been reported 6
for the birth mother of an infant who is currently being treated by 7
the practitioner for neonatal abstinence syndrome, or has 8
symptoms that suggest prenatal drug exposure; or 9
c. Reviewing and assessing the individual prescribing or dispensing 10
patterns of the practitioner or pharmacist or to determine the 11
accuracy and completeness of information contained in the 12
monitoring system; 13
6. The chief medical officer of a hospita l or long -term-care facility, an 14
employee of the hospital or long -term-care facility as designated by the 15
chief medical officer and who is working under his or her specific 16
direction, or a physician designee if the hospital or facility has no chief 17
medical officer, if the officer, employee, or designee certifies that the 18
requested information is for the purpose of providing medical or 19
pharmaceutical treatment to a bona fide current or prospective patient or 20
resident in the hospital or facility; 21
7. In additi on to the purposes authorized under subparagraph 1. of this 22
paragraph, the Kentucky Board of Medical Licensure, for any physician 23
who is: 24
a. Associated in a partnership or other business entity with a 25
physician who is already under investigation by the Boa rd of 26
Medical Licensure for improper prescribing or dispensing 27
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practices; 1
b. In a designated geographic area for which a trend report indicates 2
a substantial likelihood that inappropriate prescribing or 3
dispensing may be occurring; or 4
c. In a designated ge ographic area for which a report on another 5
physician in that area indicates a substantial likelihood that 6
inappropriate prescribing or dispensing may be occurring in that 7
area; 8
8. In addition to the purposes authorized under subparagraph 1. of this 9
paragraph, the Kentucky Board of Nursing, for any advanced practice 10
registered nurse who is: 11
a. Associated in a partnership or other business entity with a 12
physician who is already under investigation by the Kentucky 13
Board of Medical Licensure for improper presc ribing or 14
dispensing practices; 15
b. Associated in a partnership or other business entity with an 16
advanced practice registered nurse who is already under 17
investigation by the Board of Nursing for improper prescribing 18
practices; 19
c. In a designated geographic area for which a trend report indicates 20
a substantial likelihood that inappropriate prescribing or 21
dispensing may be occurring; or 22
d. In a designated geographic area for which a report on a physician 23
or another advanced practice registered nurse in that ar ea indicates 24
a substantial likelihood that inappropriate prescribing or 25
dispensing may be occurring in that area; 26
9. A judge or a probation or parole officer administering a diversion or 27
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probation program of a criminal defendant arising out of a violation of 1
this chapter or of a criminal defendant who is documented by the court 2
as a substance abuser who is eligible to participate in a court -ordered 3
drug diversion or probation program; or 4
10. A medical examiner engaged in a death investigation pursuant to KR S 5
72.026; 6
(g) The Department for Medicaid Services shall use any data or reports from the 7
system for the purpose of identifying Medicaid providers or recipients whose 8
prescribing, dispensing, or usage of controlled substances may be: 9
1. Appropriately managed by a single outpatient pharmacy or primary care 10
physician; or 11
2. Indicative of improper, inappropriate, or illegal prescribing or 12
dispensing practices by a practitioner or drug seeking by a Medicaid 13
recipient; 14
(h) A person who receives data or any report of the syste m from the cabinet shall 15
not provide it to any other person or entity except as provided in this 16
subsection, in another statute, or by order of a court of competent jurisdiction 17
and only to a person or entity authorized to receive the data or the report 18
under this section, except that: 19
1. A person specified in paragraph (f)2. of this subsection who is 20
authorized to receive data or a report may share that information with 21
any other persons specified in paragraph (f)2. of this subsection 22
authorized to receive data or a report if the persons specified in 23
paragraph (f)2. of this subsection are working on a bona fide specific 24
investigation involving a designated person. Both the person providing 25
and the person receiving the data or report under this subparagraph shall 26
document in writing each person to whom the data or report has been 27
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given or received and the day, month, and year that the data or report 1
has been given or received. This document shall be maintained in a file 2
by each agency engaged in the investigation; 3
2. A representative of the Department for Medicaid Services may share 4
data or reports regarding overutilization by Medicaid recipients with a 5
board designated in paragraph (f)1. of this subsection, or with a law 6
enforcement officer designated in paragraph (f)2. of this subsection; 7
3. The Department for Medicaid Services may submit the data as evidence 8
in an administrative hearing held in accordance with KRS Chapter 13B; 9
4. If a state licensing board as defined in KRS 218A.205 initiates formal 10
disciplinary proceedings against a licensee, and data obtained by the 11
board is relevant to the charges, the board may provide the data to the 12
licensee and his or her counsel, as part of the notice process required by 13
KRS 13B.050, and admit the data as evidence in an administrative 14
hearing conducted pursuant to KRS Chapter 13B, with the board and 15
licensee taking all necessary steps to prevent further disclosure of the 16
data; and 17
5. A practitioner, pharmacist, or employee who obtains data under 18
paragraph (f)5. of this subsection may share the report with the patient 19
or person authorized to act on the patient's behalf. Any practitioner, 20
pharmacist, or employee who obtains data under paragraph (f)5. of this 21
subsection may place the report in the patient's medical record, in which 22
case the individual report shall then be deemed a medical record subject 23
to disclosure on the same terms and conditions as an ordinary medical 24
record in lieu of the disclosure restrictions otherwise imposed by this 25
section; 26
(i) The cabinet, all p eace officers specified in paragraph (f)2. of this subsection, 27
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all officers of the court, and all regulatory agencies and officers, in using the 1
data for investigative or prosecution purposes, shall consider the nature of the 2
prescriber's and dispenser's p ractice and the condition for which the patient is 3
being treated; 4
(j) Intentional failure to comply with the reporting requirements of this 5
subsection shall be a Class B misdemeanor for the first offense and a Class A 6
misdemeanor for each subsequent offense; and 7
(k) If the cabinet becomes aware of a prescriber's or dispenser's failure to comply 8
with this section, the cabinet shall notify the licensing board or agency 9
responsible for licensing the prescriber or dispenser. The licensing board shall 10
treat the notification as a complaint against the license. 11
(4) For the purpose of monitoring the cultivation, processing, production, 12
recommending, and dispensing of medicinal cannabis: 13
(a) Every medicinal cannabis practitioner who is authorized pursuant to KRS 14
218B.050 to provide written certifications for the use of medicinal cannabis 15
and every cannabis business licensed under KRS 218B.080, 218B.085, and 16
218B.090 shall register with the cabinet to use the system provided for in this 17
section and shall maintain such registration continuously during the medicinal 18
cannabis practitioner's authorization to provide written certifications or a 19
cannabis business's term of licensure and shall not have to pay a fee or tax 20
specifically dedicated to the operation of the system; 21
(b) No later than July 1, 2024, the cabinet shall ensure that the system provided 22
for in this section allows: 23
1. Medicinal cannabis practitioners to record the issuance of written 24
certifications to a patient as required by KRS 218B.050; 25
2. The cabinet, law enforcement personnel, and dispensary agents to verify 26
the validity of registry identification cards issued by the cabinet. When 27
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verifying the validity of an identification card, the system shall only 1
disclose whether the identification card is valid and whether the 2
cardholder is a registered qualified patient, visiting qualified patient, or 3
designated caregiver; 4
3. Dispensary agents to record the amount of medicinal cannabis that is 5
dispensed to a cardholder during each transaction, as required by KRS 6
218B.110; 7
4. Law enforcement personnel and dispensary agents to access medicinal 8
cannabis sales data recorded by dispensary agents pursuant to KRS 9
218B.110; 10
5. The sharing of dispensing data recorded by dispensary agents, pursuant 11
to KRS 218B.110, with all licensed dispensaries in real time; 12
6. Licensed cannabis businesses to record data required by administrative 13
regulations promulgated pursuant to KRS 218B.140 to facilitate the 14
tracking of medicinal cannabis from the point of cultivation to the point 15
of sale to cardholders; and 16
7. The cabinet to track all medicinal cannabis in the state from the point of 17
cultivation to the point of sale to a cardholder; 18
(c) The cabinet shall only disclose data related to the cultivation, production, 19
recommending, and dispensi ng of medicinal cannabis to persons and entities 20
authorized to receive that data under this subsection. Disclosure to any other 21
person or entity, including disclosure in the context of a civil action where the 22
disclosure is sought either for the purpose of discovery or for evidence, is 23
prohibited unless specifically authorized by this subsection. The cabinet shall 24
be authorized to provide data to: 25
1. Any person or entity authorized to receive data pursuant to paragraph 26
(b) of this subsection; 27
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2. A designated representative of a state licensing board responsible for the 1
licensure, regulation, or discipline of medicinal cannabis practitioners 2
and who is involved in a bona fide specific investigation involving a 3
designated person; 4
3. Employees of the Office of the Inspector General of the cabinet who 5
have successfully completed training for the electronic system and who 6
have been approved to use the system, Kentucky Commonwealth's 7
attorneys and assistant Commonwealth's attorneys, and county attorneys 8
and assistant county attorneys who are engaged in a bona fide specific 9
investigation involving a designated person; 10
4. A properly convened grand jury pursuant to a subpoena properly issued 11
for the records; 12
5. A medicinal cannabis practitioner or an employee of a medicinal 13
cannabis practitioner's practice acting under the specific direction of the 14
medicinal cannabis practitioner, who certifies that the request for 15
information is for the purpose of complying with KRS 218B.050(4)(c); 16
6. The chief medical officer of a hospital or long -term-care facility, an 17
employee of the hospital or long -term-care facility as designated by the 18
chief medical officer and who is working under his or her specific 19
direction, or a physi cian designee if the hospital or facility has no chief 20
medical officer, if the officer, employee, or designee certifies that the 21
requested information is for the purpose of providing medical or 22
pharmaceutical treatment to a bona fide current or prospective patient or 23
resident in the hospital or facility; 24
7. In addition to the purposes authorized under subparagraph 2. of this 25
paragraph, the Kentucky Board of Medical Licensure, for any physician 26
who is: 27
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a. Associated in a partnership, other business entity, o r supervision 1
agreement established pursuant to KRS 311.854 with a physician 2
who is already under investigation by the Board of Medical 3
Licensure for improper issuance of written certifications; 4
b. Associated in a partnership or other business entity with an 5
advanced practice registered nurse who is already under 6
investigation by the Board of Nursing for improper issuance of 7
written certifications; 8
c. In a designated geographic area for which a trend report indicates 9
a substantial likelihood that inappropri ate issuance of written 10
certifications may be occurring; or 11
d. In a designated geographic area for which a report on another 12
physician in that area indicates a substantial likelihood that 13
inappropriate issuance of written certifications may be occurring in 14
that area; 15
8. In addition to the purposes authorized under subparagraph 2. of this 16
paragraph, the Kentucky Board of Nursing, for any advanced practice 17
registered nurse who is: 18
a. Associated in a partnership or other business entity with a 19
physician who is already under investigation by the Kentucky 20
Board of Medical Licensure for improper issuance of written 21
certifications; 22
b. Associated in a partnership or other business entity with an 23
advanced practice registered nurse who is already under 24
investigation b y the Board of Nursing for improper issuance of 25
written certifications; 26
c. In a designated geographic area for which a trend report indicates 27
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a substantial likelihood that inappropriate issuance of written 1
certifications may be occurring; or 2
d. In a design ated geographic area for which a report on another 3
advanced practice registered nurse in that area indicates a 4
substantial likelihood that inappropriate issuance of written 5
certifications may be occurring in that area; 6
9. A judge or a probation or parole o fficer administering a diversion or 7
probation program of a criminal defendant arising out of a violation of 8
this chapter or of a criminal defendant who is documented by the court 9
as a substance abuser who is eligible to participate in a court -ordered 10
drug diversion or probation program; 11
10. A medical examiner engaged in a death investigation pursuant to KRS 12
72.026; or 13
11. The Legislative Research Commission, the University of Kentucky 14
College of Medicine, or the Kentucky Center for Cannabis established 15
in KRS 164.983 if the cabinet determines that disclosing data related to 16
the cultivation, production, recommending, and dispensing of medicinal 17
cannabis to the Legislative Research Commission, the University of 18
Kentucky College of Medicine, or the Kentucky Cen ter for Cannabis is 19
necessary to comply with the reporting requirements established in KRS 20
218B.020(8); and 21
(d) A person who receives data or any report of the system from the cabinet shall 22
not provide it to any other person or entity except as provided in this section, 23
in another statute, or by order of a court of competent jurisdiction and only to 24
a person or entity authorized to receive the data or the report under this 25
section, except that: 26
1. A person specified in paragraph (c)3. of this subsection who is 27
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authorized to receive data or a report may share that information with 1
any other persons specified in paragraph (c)3. of this subsection 2
authorized to receive data or a report if the persons specified in 3
paragraph (c)3. of this subsection are working o n a bona fide specific 4
investigation involving a designated person. Both the person providing 5
and the person receiving the data or report under this subparagraph shall 6
document in writing each person to whom the data or report has been 7
given or received an d the day, month, and year that the data or report 8
has been given or received. This document shall be maintained in a file 9
by each agency engaged in the investigation; 10
2. If a state licensing board initiates formal disciplinary proceedings 11
against a licens ee, and data obtained by the board is relevant to the 12
charges, the board may provide the data to the licensee and his or her 13
counsel, as part of the notice process required by KRS 13B.050, and 14
admit the data as evidence in an administrative hearing conduct ed 15
pursuant to KRS Chapter 13B, with the board and licensee taking all 16
necessary steps to prevent further disclosure of the data; and 17
3. A medicinal cannabis practitioner or an employee of a medicinal 18
cannabis practitioner's practice acting under the speci fic direction of the 19
medicinal cannabis practitioner who obtains data under paragraph (c)5. 20
of this subsection may share the report with the patient or person 21
authorized to act on the patient's behalf. Any medicinal cannabis 22
practitioner or employee who ob tains data under paragraph (c)5. of this 23
subsection may place the report in the patient's medical record, in which 24
case the individual report shall then be deemed a medical record subject 25
to disclosure on the same terms and conditions as an ordinary medica l 26
record in lieu of the disclosure restrictions otherwise imposed by this 27
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section. 1
(5) The data contained in, and any report obtained from, the electronic system for 2
monitoring established pursuant to this section shall not be a public record, except 3
that the Department for Medicaid Services may submit the data as evidence in an 4
administrative hearing held in accordance with KRS Chapter 13B. 5
(6) Intentional disclosure of transmitted data to a person not authorized by subsection 6
(3)(f) to (h) or (4)(c) and ( d) of this section or authorized by KRS 315.121, or 7
obtaining information under this section not relating to a bona fide current or 8
prospective patient or a bona fide specific investigation, shall be a Class B 9
misdemeanor for the first offense and a Class A misdemeanor for each subsequent 10
offense. 11
(7) The cabinet may, by promulgating an administrative regulation, limit the length of 12
time that data remain in the electronic system. Any data removed from the system 13
shall be archived and subject to retrieval wi thin a reasonable time after a request 14
from a person authorized to review data under this section. 15
(8) (a) The Cabinet for Health and Family Services shall work with each board 16
responsible for the licensure, regulation, or discipline of practitioners, 17
pharmacists, or other persons who are authorized to prescribe, administer, or 18
dispense controlled substances for the development of a continuing education 19
program about the purposes and uses of the electronic system for monitoring 20
established in this section. 21
(b) The cabinet shall work with each board responsible for the licensure, 22
regulation, or discipline of medicinal cannabis practitioners for the 23
development of a continuing education program about the purposes and uses 24
of the electronic system for monitoring established in this section. 25
(c) The cabinet shall work with the Kentucky Bar Association for the 26
development of a continuing education program for attorneys about the 27
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purposes and uses of the electronic system for monitoring established in this 1
section. 2
(d) The cabinet shall work with the Justice and Public Safety Cabinet for the 3
development of a continuing education program for law enforcement officers 4
about the purposes and uses of the electronic system for monitoring 5
established in this section. 6
(e) The ca binet shall develop a training program for cannabis business agents 7
about the purposes and uses of the electronic system for monitoring 8
established in this section. 9
(9) The cabinet, Office of Inspector General, shall conduct quarterly reviews to identify 10
patterns of potential improper, inappropriate, or illegal prescribing or dispensing of 11
a controlled substance, issuance of written certifications, or cultivation, processing, 12
or dispensing of medicinal cannabis. The Office of Inspector General may 13
independently investigate and submit findings and recommendations to the 14
appropriate boards of licensure or other reporting agencies. 15
(10) The cabinet shall promulgate administrative regulations to implement the 16
provisions of this section. Included in these administrative regulations shall be: 17
(a) An error resolution process allowing a patient to whom a report had been 18
disclosed under subsections (3) and (4) of this section to request the correction 19
of inaccurate information contained in the system relating to that patient; and 20
(b) A requirement that data be reported to the system under subsection (3)(b) of 21
this section within one (1) day of dispensing. 22
(11) (a) [Before July 1, 2018, ] The Administrative Office of the Courts shall forward 23
data regarding any felony or Class A misdemeanor conviction that involves 24
the trafficking or unlawful possession of a controlled substance or other 25
prohibited acts under KRS Chapter 218A for the previous five (5) calendar 26
years to the cabinet for inclusion in the electronic monitoring system 27
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established under this section. The[On or after July 1, 2018, such] data shall 1
be forwarded by the Administrative Office of the Courts to the cabinet on a 2
continuing basis. The cabinet shall incorporate the data received into the 3
system so that a query by patient name indicates any prior drug conviction. 4
(b) [Before July 1, 2024, ] The Administrative Office of the Courts shall forward 5
all available data regarding any disqualifying felony offense for the previous 6
five (5) calendar years to the cabinet for inclusion in the electronic monitoring 7
system established under this section. The[On or after July 1, 2024, such] data 8
shall be forwarded by the Administrative Office of the Courts to the cabinet 9
on a continuing basis. The cabinet shall incorporate th e data received into the 10
system so that a query by patient name indicates any prior disqualifying 11
felony conviction. 12
Section 7. KRS 218A.205 is amended to read as follows: 13
(1) As used in this section: 14
(a) "Reporting agency" includes: 15
1. The Department of Kentucky State Police; 16
2. The Office of the Attorney General; 17
3. The Cabinet for Health and Family Services; and 18
4. The applicable state licensing board; and 19
(b) "State licensing board" means: 20
1. The Kentucky Board of Medical Licensure; 21
2. The Kentucky Board of Nursing; 22
3. The Kentucky Board of Dentistry; 23
4. The Kentucky Board of Optometric Examiners; 24
5. The State Board of Podiatry; and 25
6. Any other board that licenses or regulates a person who is entitled to 26
prescribe or dispense controlled substances to humans. 27
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(2) (a) When a reporting agency or a law enforcement agency receives a report of 1
improper, inappropriate, or illegal prescribing or dispensing of a controlled 2
substance it may, to the extent otherwise allowed by la w, send a copy of the 3
report within three (3) business days to every other reporting agency. 4
(b) A county attorney or Commonwealth's attorney shall notify the Office of the 5
Attorney General and the appropriate state licensing board within three (3) 6
business days of an indictment or a waiver of indictment becoming public in 7
his or her jurisdiction charging a licensed person with a felony offense 8
relating to the manufacture of, trafficking in, prescribing, dispensing, or 9
unlawful possession of a controlled substance. 10
(3) Each state licensing board shall, in consultation with the Kentucky Office of Drug 11
Control Policy, establish the following by administrative regulation for those 12
licensees authorized to prescribe or dispense controlled substances: 13
(a) Mandatory prescribing and dispensing standards related to controlled 14
substances, the requirements of which shall include the diagnostic, treatment, 15
review, and other protocols and standards established for Schedule II 16
controlled substances and Schedule III controlled substances containing 17
hydrocodone under KRS 218A.172 and which may include the exemptions 18
authorized by KRS 218A.172(4); 19
(b) In accord with the CDC Guideline for Prescribing Opioids for Chronic Pain 20
published in 2016, a prohibition on a practit ioner issuing a prescription for a 21
Schedule II controlled substance for more than a three (3) day supply of a 22
Schedule II controlled substance if the prescription is intended to treat pain as 23
an acute medical condition, with the following exceptions: 24
1. The practitioner, in his or her professional judgment, believes that more 25
than a three (3) day supply of a Schedule II controlled substance is 26
medically necessary to treat the patient's pain as an acute medical 27
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condition and the practitioner adequately docum ents the acute medical 1
condition and lack of alternative treatment options which justifies 2
deviation from the three (3) day supply limit established in this 3
subsection in the patient's medical records; 4
2. The prescription for a Schedule II controlled subst ance is prescribed to 5
treat chronic pain; 6
3. The prescription for a Schedule II controlled substance is prescribed to 7
treat pain associated with a valid cancer diagnosis; 8
4. The prescription for a Schedule II controlled substance is prescribed to 9
treat pain while the patient is receiving hospice or end -of-life treatment 10
or is receiving care from a certified community based palliative care 11
program; 12
5. The prescription for a Schedule II controlled substance is prescribed as 13
part of a narcotic treatment progra m licensed by the Cabinet for Health 14
and Family Services; 15
6. The prescription for a Schedule II controlled substance is prescribed to 16
treat pain following a major surgery or the treatment of significant 17
trauma, as defined by the state licensing board in co nsultation with the 18
Kentucky Office of Drug Control Policy; 19
7. The Schedule II controlled substance is dispensed or administered 20
directly to an ultimate user in an inpatient setting; or 21
8. Any additional treatment scenario deemed medically necessary by the 22
state licensing board in consultation with the Kentucky Office of Drug 23
Control Policy. 24
[Nothing in ] This paragraph shall not authorize a state licensing board to 25
promulgate regulations which expand any practitioner's prescriptive authority 26
beyond that which existed prior to June 29, 2017; 27
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(c) A prohibition on a practitioner dispensing greater than a forty -eight (48) hour 1
supply of any Schedule II controlled substance or a Schedule III controlled 2
substance containing hydrocodone unless the dispensing is do ne as part of a 3
narcotic treatment program licensed by the Cabinet for Health and Family 4
Services; 5
(d) A procedure for temporarily suspending, limiting, or restricting a license held 6
by a named licensee where a substantial likelihood exists to believe that the 7
continued unrestricted practice by the named licensee would constitute a 8
danger to the health, welfare, or safety of the licensee's patients or of the 9
general public; 10
(e) A procedure for the expedited review of complaints filed against their 11
licensees pertaining to the improper, inappropriate, or illegal prescribing or 12
dispensing of controlled substances that is designed to commence an 13
investigation within seven (7) days of a complaint being filed and produce a 14
charging decision by the board on the com plaint within one hundred twenty 15
(120) days of the receipt of the complaint, unless an extension for a definite 16
period of time is requested by a law enforcement agency due to an ongoing 17
criminal investigation; 18
(f) The establishment and enforcement of licen sure standards that conform to the 19
following: 20
1. A permanent ban on licensees and applicants convicted after July 20, 21
2012, in this state or any other state of any felony offense relating to 22
controlled substances from prescribing or dispensing a controlled 23
substance; 24
2. Restrictions short of a permanent ban on licensees and applicants 25
convicted in this state or any other state of any misdemeanor offense 26
relating to prescribing or dispensing a controlled substance; 27
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3. Restrictions mirroring in time and scope any disciplinary limitation 1
placed on a licensee or applicant by a licensing board of another state if 2
the disciplinary action results from improper, inappropriate, or illegal 3
prescribing or dispensing of controlled substances; and 4
4. A requirement that l icensees and applicants report to the board any 5
conviction or disciplinary action covered by this subsection with 6
appropriate sanctions for any failure to make this required report; 7
(g) A procedure for the continuous submission of all disciplinary and othe r 8
reportable information to the National Practitioner Data Bank of the United 9
States Department of Health and Human Services; 10
(h) If not otherwise required by other law, a process for submitting a query on 11
each applicant for licensure to the National Pract itioner Data Bank of the 12
United States Department of Health and Human Services to retrieve any 13
relevant data on the applicant; and 14
(i) Continuing education requirements beginning with the first full educational 15
year occurring after July 1, 2012, that speci fy that at least seven and one -half 16
percent (7.5%) of the continuing education required of the licensed 17
practitioner relate to the use of the electronic monitoring system established in 18
KRS 218A.202, pain management, or addiction disorders. 19
(4) For the pur poses of pharmacy dispensing, the medical necessity for a Schedule II 20
controlled substance as documented by the practitioner in the patient's medical 21
record and the prescription for more than a three (3) day supply of that controlled 22
substance are presumed to be valid. 23
(5) A state licensing board shall employ or obtain the services of a specialist in the 24
treatment of pain and a specialist in drug addiction to evaluate information received 25
regarding a licensee's prescribing or dispensing practices related to controlled 26
substances if the board or its staff does not possess such expertise, to ascertain if the 27
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licensee under investigation is engaging in improper, inappropriate, or illegal 1
practices. 2
(6) Any statute to the contrary notwithstanding, a[no] state li censing board shall not 3
require that a grievance or complaint against a licensee relating to controlled 4
substances be sworn to or notarized, but the grievance or complaint shall identify 5
the name and address of the grievant or complainant, unless the board by 6
administrative regulation authorizes the filing of anonymous complaints. Any [ 7
such] authorizing administrative regulation shall require that an anonymous 8
complaint or grievance be accompanied by sufficient corroborating evidence as 9
would allow the board to believe, based upon a totality of the circumstances, that a 10
reasonable probability exists that the complaint or grievance is meritorious. 11
(7) Every state licensing board shall cooperate to the maximum extent permitted by law 12
with all state, local, and federal law enforcement agencies, and all professional 13
licensing boards and agencies, state and federal, in the United States or its 14
territories in the coordination of actions to deter the improper, inappropriate, or 15
illegal prescribing or dispensing of a controlled substance. 16
(8) Each state licensing board shall require a fingerprint -supported criminal record 17
check by the Department of Kentucky State Police and the Federal Bureau of 18
Investigation of any applicant for initial licensure to practice any prof ession 19
authorized to prescribe or dispense controlled substances. 20
Section 8. KRS 218A.275 is amended to read as follows: 21
(1) (a) A court may request the Division of Probation and Parole to perform a risk 22
and needs assessment for any person found guilty of unlawful possession of a 23
controlled substance pursuant to KRS 218A.1415, 218A.1416, or 218A.1417. 24
The assessor shall make a recom mendation to the court as to whether 25
treatment is indicated by the assessment, and, if so, the most appropriate 26
treatment or recovery program environment. If treatment is indicated [ for the 27
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person], the court may order the person [him or her] to the appropr iate 1
treatment or recovery program that will effectively respond to the person's 2
level of risk, criminal risk factors, and individual characteristics as designated 3
by the secretary of the Cabinet for Health and Family Services where a 4
program of treatment or recovery not to exceed one (1) year in duration may 5
be prescribed. 6
(b) The person ordered to the designated treatment or recovery program shall 7
present himself or herself for registration and initiation of the treatment or 8
recovery program within five ( 5) days of the date of sentencing. If, without 9
good cause, the person fails to appear at the designated treatment or recovery 10
program within the specified time, or if at any time during the program of 11
treatment or recovery prescribed, the authorized direct or of the treatment or 12
recovery program finds that the person is unwilling to participate in his or her 13
treatment, the director shall notify the sentencing court. Upon receipt of 14
notification, the court shall cause the person to be brought before it and ma y 15
continue the order of treatment, or may rescind the treatment order and 16
impose a sentence for the possession offense. 17
(c) Upon discharge of the person from the treatment or recovery program by the 18
secretary of the Cabinet for Health and Family Services, or his or her 19
designee, prior to the expiration of the one (1) year period or upon satisfactory 20
completion of one (1) year of treatment, the person shall be deemed finally 21
discharged from sentence. The secretary, or his or her designee, shall notify 22
the se ntencing court of the date of [ such] discharge from the treatment or 23
recovery program. 24
(2) The secretary of the Cabinet for Health and Family Services, or his or her designee, 25
shall inform each court of the identity and location of the treatment or recover y 26
program to which the person is sentenced. 27
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(3) Transportation to an inpatient facility shall be provided by order of the court when 1
the court finds the person unable to convey himself or herself to the facility within 2
five (5) days of sentencing by reason of physical infirmity or financial incapability. 3
(4) The sentencing court shall immediately notify the designated treatment or recovery 4
program of the sentence and its effective date. 5
(5) The secretary for health and family services, or his or her designe e, may authorize 6
transfer of the person from the initially designated treatment or recovery program to 7
another treatment or recovery program for therapeutic purposes. The sentencing 8
court shall be notified of termination of treatment by the terminating tre atment or 9
recovery program and shall be notified by the secretary of the new treatment or 10
recovery program to which the person was transferred. 11
(6) Responsibility for payment for treatment services rendered to persons pursuant to 12
this section shall be as u nder the statutes pertaining to payment of patients and 13
others for services rendered by the Cabinet for Health and Family Services, unless 14
the person and the treatment or recovery program shall arrange otherwise. 15
(7) [None of ] The provisions of this sectio n shall not be deemed to preclude the court 16
from exercising its usual discretion with regard to ordering probation or conditional 17
discharge. 18
(8) Except as provided in subsection (12) of this section, in the case of any person who 19
has been convicted for the first time of unlawful possession of a controlled 20
substance[substances], the court may set aside and void the conviction upon 21
satisfactory completion of treatment, probation, or other sentence, and issue to the 22
person a certificate to that effect. A conviction voided under this subsection shall 23
not be deemed a first offense f or purposes of this chapter or deemed a conviction 24
for purposes of disqualifications or disabilities imposed by law upon conviction of a 25
crime. Voiding of a conviction under this subsection and dismissal may occur only 26
once with respect to any person. 27
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(9) If the court voids a conviction under this section, the court shall order the sealing of 1
all records in the custody of the court and any records in the custody of any other 2
agency or official, including law enforcement records, except as provided in KRS 3
27A.099. The court shall order the sealing on a form provided by the 4
Administrative Office of the Courts. Every agency with records relating to the 5
arrest, charge, or other matters arising out of the arrest or charge that is ordered to 6
seal records[,] shall certify to the court within sixty (60) days of the entry of the 7
order that the required sealing action has been completed. 8
(10) After the sealing of the record, the proceedings in the matter shall not be used 9
against the defendant except for the purposes o f determining the person's eligibility 10
to have his or her conviction voided under subsection (8) of this section. The court 11
and other agencies shall reply to any inquiry that no record exists on the matter. The 12
person whose record has been sealed shall not have to disclose the fact of the record 13
or any matter relating thereto on an application for employment, credit, or other 14
type of application. 15
(11) Inspection of the sealed records may thereafter be permitted by the court pursuant 16
to KRS 27A.099 or upon a motion by the person who is the subject of the records 17
and only to those persons named in the motion or upon a motion of the prosecutor 18
to verify a defendant's eligibility to have his or her conviction voided under 19
subsection (8) of this section. 20
(12) A person who has previously had a charge of unlawful possession of a controlled 21
substance[substances] dismissed after completion of a deferred prosecution under 22
KRS 218A.14151 shall not be eligible for voiding of conviction under this section. 23
Section 9. KRS 218A.500 is amended to read as follows: 24
As used in this section and KRS 218A.510: 25
(1) "Drug paraphernalia" means all equipment, products and materials of any kind 26
which are used, intended for use, or designed for use in planting, propagating, 27
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cultivating, growing, harvesting, manufacturing, compounding, converting, 1
producing, processing, preparing, testing, analyzing, packaging, repackaging, 2
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise 3
introducing into the human body a controlled substance in violation of this chapter. 4
The term "drug paraphernalia" does not include medicinal cannabis accessories as 5
defined in KRS 218B.010. It includes but is not limited to: 6
(a) Kits used, intended for use, or designed for use in planting, propagating, 7
cultivating, growing, or harvesting of any species of plant which is a 8
controlled substance or from which a controlled substance can be derived; 9
(b) Kits used, intended for use, or designed for use in manufactu ring, 10
compounding, converting, producing, processing, or preparing controlled 11
substances; 12
(c) Isomerization devices used, intended for use, or designed for use in increasing 13
the potency of any species of plant which is a controlled substance; 14
(d) Except as provided in subsection (7) of this section, testing equipment used, 15
intended for use, or designed for use in analyzing the strength, effectiveness, 16
or purity of controlled substances; 17
(e) Scales and balances used, intended for use, or designed for use in weighing or 18
measuring controlled substances; 19
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, 20
dextrose and lactose, used, intended for use, or designed for use in cutting 21
controlled substances; 22
(g) Separation gins and sifters used, intended for use, or designed for use in 23
removing twigs and seeds from, or in otherwise cleaning or refining 24
marijuana; 25
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for 26
use, or designed for use in compounding controlled substances; 27
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(i) Capsules, balloons, envelopes, and other containers used, intended for use, or 1
designed for use in packaging small quantities of controlled substances; 2
(j) Containers and other objects used, intended for use, or designed for use in 3
storing or concealing controlled substances; 4
(k) Hypodermic syringes, needles, and other objects used, intended for use, or 5
designed for use in parenterally injecting controlled substances into the human 6
body; and 7
(l) Objects used, intended for use, or designed for use in ingesti ng, inhaling, or 8
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the 9
human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic 10
pipes with or without screens, permanent screens, hashish heads, or punctured 11
metal b owls; water pipes; carburetion tubes and devices; smoking and 12
carburetion masks; roach clips which mean objects used to hold burning 13
material, such as marijuana cigarettes, that have become too small or too short 14
to be held in the hand; miniature cocaine s poons, and cocaine vials; chamber 15
pipes; carburetor pipes; electric pipes; air -driven pipes; chillums; bongs; ice 16
pipes or chillers. 17
(2) It is unlawful for any person to use, or to possess with intent to use, drug 18
paraphernalia for the purpose of planting, propagating, cultivating, growing, 19
harvesting, manufacturing, compounding, converting, producing, processing, 20
preparing, testing, analyzing, packing, repacking, storing, containing, concealing, 21
injecting, ingesting, inhaling, or otherwise introducing into the human body a 22
controlled substance in violation of this chapter. 23
(3) It is unlawful for any person to deliver, possess with intent to deliver, or 24
manufacture with intent to deliver, drug paraphernalia, knowing, or under 25
circumstances where one reasonab ly should know, that it will be used to plant, 26
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 27
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process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, 1
inhale, or otherwise introduce into the hum an body a controlled substance in 2
violation of this chapter. 3
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or 4
other publication any advertisement, knowing, or under circumstances where one 5
reasonably should know, that the purpose of the advertisement, in whole or in part, 6
is to promote the sale of objects designed or intended for use as drug paraphernalia. 7
(5) (a) This section shall not prohibit a local health department from operating a 8
substance abuse treatment outreach program which allows participants to 9
exchange hypodermic needles and syringes. 10
(b) To operate a substance abuse treatment outreach program under this 11
subsection, the local health department shall have the consent, which may be 12
revoked at any time, of the local board of health and: 13
1. The legislative body of the first or home rule class city in which the 14
program would operate if located in such a city; and 15
2. The legislative body of the county, urban -county government, or 16
consolidated local government in which the program would operate. 17
(c) Items exchanged at the program shall not be deemed drug paraphernalia under 18
this section while located at the program. 19
(6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace 20
officer may inquire as to the presence of needles or other sharp objects in the 21
areas to be searched that may cut or puncture the officer and offer to not 22
charge a person with possession of drug paraphernalia if the person declares 23
to the officer the presence of the nee dle or other sharp object. If, in response 24
to the offer, the person admits to the presence of the needle or other sharp 25
object prior to the search, the person shall not be charged with or prosecuted 26
for possession of drug paraphernalia for the needle or sh arp object or for 27
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unlawful possession of a controlled substance for residual or trace drug 1
amounts present on the needle or sharp object. 2
(b) The exemption under this subsection shall not apply to any other drug 3
paraphernalia that may be present and found during the search or to controlled 4
substances present in other than residual or trace amounts. 5
(7) (a) This section shall not prohibit the retail sale of hypodermic syringes and 6
needles without a prescription in pharmacies. 7
(b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed 8
drug paraphernalia under this section. 9
(c) 1. Except as provided in subparagraph 2. of this paragraph, narcotic drug 10
testing products utilized in determining whether a controlled substance 11
contains a synthetic opioid or its analogues shall not be deemed drug 12
paraphernalia under this section. 13
2. A narcotic drug testing product that is utilized in conjunction with the 14
importation, manufacture, or selling of fentanyl or a fentanyl analogue 15
in violation of this chap ter shall be deemed drug paraphernalia under 16
this section. 17
(d) Notwithstanding any other statute to the contrary, possession of a narcotic 18
drug testing product used in accordance with paragraph (c)1. of this 19
subsection that contains residual or trace amoun ts of a synthetic opioid or an 20
analogue thereof shall not be prosecuted as unlawful possession of a 21
controlled substance under any provision of this chapter. 22
(8) Any person who violates any provision of this section shall be guilty of a Class A 23
misdemeanor. 24