KRS 218A.1437: Unlawful possession of a methamphetamine precursor -- Prima facie

evidence of intent -- Penalties.

(1) A person is guilty of unlawful possession of a methamphetamine precursor when he

or she knowingly and unlawfully possesses a drug product or combi nation of drug

products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their

salts, isomers, or salts of isomers, with the intent to use the drug product or

combination of drug products as a precursor to manufacturing methamphetamine or

other controlled substance.

(2) (a) Except as provided in paragraph (b) of this subsection, possession of a drug

product or combination of drug products containing more than nine (9) grams

of ephedrine, pseudoephedrine, or phenylpropanolamine, or their sal ts,

isomers, or salts of isomers, within any thirty (30) day period shall constitute

prima facie evidence of the intent to use the drug product or combination of

drug products as a precursor to methamphetamine or other controlled

substance.

(b) The prima f acie evidence referred to in paragraph (a) of this subsection shall

not apply to the following persons who lawfully possess a drug product or

combination of drug products listed in subsection (1) of this section in the

course of legitimate business:

1. A retail distributor of drug products or wholesaler of drug products or its

agent;

2. A wholesale drug distributor, or its agent, issued a permit by the Board

of Pharmacy;

3. A pharmacist licensed by the Board of Pharmacy;

4. A pharmacy permitted by the Board of Pharmacy;

5. A licensed health care professional possessing the drug products in the

course of carrying out his or her profession;

6. A trained chemist working in a properly equipped research laboratory in

an education, government, or corporate setting; or

7. A common carrier under contract with any of the persons or entities set

out in subparagraphs 1. to 6. of this paragraph.

(3) Unlawful possession of a methamphetamine precursor is a Class D felony for the

first offense and a Class C felony for each subsequent offense.