{"data":{"id":"us-ky/krs-138.870","jurisdiction":"us-ky","citation":"KRS 138.870","heading":"Definitions for KRS 138.870 to 138.889.","body":"As used in KRS 138.870 to 138.889, unless the context requires otherwise:\n(1) \"Controlled substance\" means any controlled substance, whether real or counterfeit,\nas defined in KRS 218A.010 or any regulation promulgated thereunder, except that\nit shall not include marijuana or medicinal cannabis;\n(2) \"Dosage unit\" means a tablet, capsule, vial, or ampule of a controlled substance or,\nin cases of mass volume or diluted quantities, the proper dose or quantity of a\ncontrolled substance to be taken all at one (1) time or in fractional amounts within a\ngiven period, as defined and adopted by the United States Pharmacopeia;\n(3) \"Marijuana\":\n(a) Means marijuana, whether real or counterfeit, as defined in KRS 218A.010;\nand\n(b) Does not include medicinal cannabis as defined in KRS 218B.010;\n(4) \"Offender\" means a person who engages in this state in a taxable activity as defined\nin subsection (6) of this section;\n(5) \"Possessing\" includes either actual possession or constructive possession, or a\ncombination of both actu al and constructive possession. Mere possession or\nownership of real estate or an interest therein does not establish constructive\npossession; and\n(6) \"Taxable activity\" means producing, cultivating, manufacturing, importing,\ntransporting, distributing, acquiring, purchasing, storing, selling, using, or otherwise\npossessing, in violation of KRS Chapter 218A, more than five (5) marijuana plants\nwith foliation, 42.5 grams of marijuana which has been detached from the plant on\nwhich it grew, seven (7) grams of  any controlled substance, or fifty (50) or more\ndosage units of any controlled substance which is not sold by weight. The weight or\ndosage units in this subsection shall include the weight of marijuana or the weight\nor dosage units of the controlled subst ance, whether pure, impure, or diluted. A\nquantity of a controlled substance is diluted if it consists of a detectable quantity of\na pure controlled substance and any excipients or fillers.","path":["KRS Chapter 138"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54045","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:31Z","sha256":"3c248d5c4a19fa338c0fcc15cd5b0857831c2448357003447c85d29342a88870","source_id":"us-ky","stale":false,"prev":"us-ky/krs-138.860","next":"us-ky/krs-138.872"},"notice":"GroundRules: Original legal text. Not legal advice."}