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.

(1) (a) Notwithstanding KRS 218A.1446, it s hall be unlawful for a person convicted

after July 12, 2013, of any offense in this chapter relating to

methamphetamine or any offense in KRS Chapter 250 or 514 relating to

anhydrous ammonia to possess or attempt to possess any compound, mixture,

or preparation containing ephedrine, pseudoephedrine, phenylpropanolamine,

their salts or optical isomers, or salts of optical isomers until ten (10) years

have elapsed from the date the person was convicted, unless the offense was a

violation of KRS 218A.1432, in which case the prohibition shall be

permanent.

(b) Notwithstanding KRS 218A.1446, it shall be unlawful for a person convicted

prior to July 12, 2013, of any offense in this chapter relating to

methamphetamine or any offense in KRS Chapter 250 or 514 relati ng to

anhydrous ammonia to possess or attempt to possess any compound, mixture,

or preparation containing ephedrine, pseudoephedrine, phenylpropanolamine,

their salts or optical isomers, or salts of optical isomers without a prescription

until ten (10) yea rs have elapsed from the date the person was convicted,

unless the offense was a violation of KRS 218A.1432, in which case the

prohibition shall be permanent.

(2) The Administrative Office of the Courts shall report monthly to the Office of Drug

Control Policy for utilization in the electronic logging or recordkeeping mechanism

required under KRS 218A.1446 the conviction of any person for any offense in this

chapter relating to methamphetamine or any offense in KRS Chapter 250 or 514

relating to anyhydrous ammonia, as well as the vacating, reversing, or overruling of

any previously reported conviction. The information reported shall include:

(a) The defendant's name;

(b) The defendant's date of birth;

(c) The defendant's address;

(d) The defendant's identifi cation number on a government -issued photographic

identification document if available in the defendant's records readily

available to the circuit clerk;

(e) Any offense or offenses specified in subsection (1) of this section for which

the defendant was convicted;

(f) The defendant's date of conviction; and

(g) The defendant's sentence or, if applicable, that the conviction was reversed,

overruled, or vacated.

(3) A court convicting a defendant of an offense triggering the prohibition established

in subsect ion (1) of this section shall inform the defendant of the restrictions

contained in this section. Failure of a court to provide the information in accordance

with this subsection shall not affect the validity of the prohibition.