KRS 217.181: Theft of a legend drug.

(1) A person is guilty of theft of a legend drug when he unlawfully takes or exercises

control over a legend drug that is not a controlled substance, belonging to another

person, with the intent to deprive him thereof.

(2) Theft of a legend drug is:

(a) For a first offense a Class D felony, if the legend drug has a value of three

hundred dollars ($300) or less; or

(b) For a second or subsequent offense, or a value of greater than three hundred

dollars ($300), a Class C felony.