AN ACT relating to drug paraphernalia.

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AN ACT relating to drug paraphernalia. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 218A.500 is amended to read as follows: 3
As used in this section and KRS 218A.510: 4
(1) "Drug paraphernalia" means all equipment, products , and materials of any kind 5
which are used, intended for use, or designed for use in planting, propagating, 6
cultivating, growing, harvesting, manufacturing, compounding, converting, 7
producing, processing, preparing, testing, analyzing, packaging, repackaging, 8
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise 9
introducing into the human bod y a controlled substance in violation of this chapter. 10
The term "drug paraphernalia" does not include medicinal cannabis accessories as 11
defined in KRS 218B.010. It includes but is not limited to: 12
(a) Kits used, intended for use, or designed for use in plan ting, propagating, 13
cultivating, growing, or harvesting of any species of plant which is a 14
controlled substance or from which a controlled substance can be derived; 15
(b) Kits used, intended for use, or designed for use in manufacturing, 16
compounding, converting, producing, processing, or preparing controlled 17
substances; 18
(c) Isomerization devices used, intended for use, or designed for use in increasing 19
the potency of any species of plant which is a controlled substance; 20
(d) Except as provided in subsection (7) of this section, testing equipment used, 21
intended for use, or designed for use in analyzing the strength, effectiveness, 22
or purity of controlled substances; 23
(e) Scales and balances used, intended for use, or designed for use in weighing or 24
measuring controlled substances; 25
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, 26
dextrose, and lactose[,] used, intended for use, or designed for use i n cutting 27
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controlled substances; 1
(g) Separation gins and sifters used, intended for use, or designed for use in 2
removing twigs and seeds from, or in otherwise cleaning or refining 3
marijuana; 4
(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for 5
use, or designed for use in compounding controlled substances; 6
(i) Capsules, balloons, envelopes, and other containers used, intended for use, or 7
designed for use in packaging small quantities of controlled substances; 8
(j) Containers and othe r objects used, intended for use, or designed for use in 9
storing or concealing controlled substances; 10
(k) Hypodermic syringes, needles, and other objects used, intended for use, or 11
designed for use in parenterally injecting controlled substances into the human 12
body; and 13
(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or 14
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the 15
human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic 16
pipes with or without screens, permanent screens, hashish heads, or punctured 17
metal bowls; water pipes; carburetion tubes and devices; smoking and 18
carburetion masks; roach clips , which means[mean] objects used to hold 19
burning material, such as marijuana cigare ttes, that have become too small or 20
too short to be held in the hand; miniature cocaine spoons, and cocaine vials; 21
chamber pipes; carburetor pipes; electric pipes; air -driven pipes; chillums; 22
bongs; and ice pipes or chillers. 23
(2) It is unlawful for any per son to use, or to possess with intent to use, drug 24
paraphernalia for the purpose of planting, propagating, cultivating, growing, 25
harvesting, manufacturing, compounding, converting, producing, processing, 26
preparing, testing, analyzing, packing, repacking, s toring, containing, concealing, 27
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injecting, ingesting, inhaling, or otherwise introducing into the human body a 1
controlled substance in violation of this chapter. 2
(3) It is unlawful for any person to deliver, possess with intent to deliver, or 3
manufacture w ith intent to deliver, drug paraphernalia, knowing, or under 4
circumstances where one reasonably should know, that it will be used to plant, 5
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, 6
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, 7
inhale, or otherwise introduce into the human body a controlled substance in 8
violation of this chapter. 9
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or 10
other publication any advertisement, knowing, or under circumstances where one 11
reasonably should know, that the purpose of the advertisement, in whole or in part, 12
is to promote the sale of objects designed or intended for use as drug paraphernalia. 13
(5) (a) This section shal l not prohibit a local health department from operating a 14
substance abuse treatment outreach program which allows participants to 15
exchange hypodermic needles and syringes. 16
(b) To operate a substance abuse treatment outreach program under this 17
subsection, the local health department shall have the consent, which may be 18
revoked at any time, of the local board of health and: 19
1. The legislative body of the first or home rule class city in which the 20
program would operate if located in such a city; and 21
2. The leg islative body of the county, urban -county government, or 22
consolidated local government in which the program would operate. 23
(c) Items exchanged at the program shall not be deemed drug paraphernalia under 24
this section while located at the program. 25
(6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace 26
officer may inquire as to the presence of needles or other sharp objects in the 27
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areas to be searched that may cut or puncture the officer and offer to not 1
charge a person with p ossession of drug paraphernalia if the person declares 2
to the officer the presence of the needle or other sharp object. If, in response 3
to the offer, the person admits to the presence of the needle or other sharp 4
object prior to the search, the person shal l not be charged with or prosecuted 5
for possession of drug paraphernalia for the needle or sharp object or for 6
possession of a controlled substance for residual or trace drug amounts 7
present on the needle or sharp object. 8
(b) The exemption under this subse ction shall not apply to any other drug 9
paraphernalia that may be present and found during the search or to controlled 10
substances present in other than residual or trace amounts. 11
(7) (a) This section shall not prohibit the retail sale of hypodermic syringe s and 12
needles without a prescription in pharmacies. 13
(b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed 14
drug paraphernalia under this section. 15
(c) 1. Except as provided in subparagraph 2. of this paragraph, [narcotic ]drug 16
testing products or equipment, including but not limited to test strips, 17
used or intended for use to determine whether a substance [utilized in 18
determining whether a controlled substance] contains a controlled 19
substance, synthetic drug, or any chemical or compound that may 20
cause physical harm or death [opioid or its analogues] shall not be 21
deemed drug paraphernalia under this section. 22
2. A [narcotic ] drug testing product or equipment that is utilized in 23
conjunction with the importation, manufacture, or selling of fe ntanyl or 24
a fentanyl analogue in violation of this chapter shall be deemed drug 25
paraphernalia under this section. 26
(d) Notwithstanding any other statute to the contrary, possession of a [narcotic 27
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]drug testing product or equipment used in accordance with paragraph (c)1. of 1
this subsection that contains residual or trace amounts of a synthetic opioid or 2
an analogue thereof shall not be prosecuted as possession of a controlled 3
substance under [any provision of ]this chapter. 4
(8) Any person who violates [any provision of ]this section shall be guilty of a Class A 5
misdemeanor. 6