{"data":{"id":"us-ky/krs-218a.500","jurisdiction":"us-ky","citation":"KRS 218A.500","heading":"Definitions for KRS 218A.500 and 218A.510 -- Unlawful practices --","body":"Substance abuse treatment outreach program -- Informing peace officer about\npresence of needles or other sharp objects before search -- Retail pharmacy\nexception -- Narcotic drug testing products-- Penalties.\nAs used in this section and KRS 218A.510:\n(1) \"Drug paraphernalia\" means all equipment, products and materials of any kind\nwhich are used, intended for use, or designed for use in planting, propagating,\ncultivating, growi ng, harvesting, manufacturing, compounding, converting,\nproducing, processing, preparing, testing, analyzing, packaging, repackaging,\nstoring, containing, concealing, injecting, ingesting, inhaling, or otherwise\nintroducing into the human body a controlled  substance in violation of this chapter.\nThe term \"drug paraphernalia\" does not include medicinal cannabis accessories as\ndefined in KRS 218B.010. It includes but is not limited to:\n(a) Kits used, intended for use, or designed for use in planting, propagat ing,\ncultivating, growing, or harvesting of any species of plant which is a\ncontrolled substance or from which a controlled substance can be derived;\n(b) Kits used, intended for use, or designed for use in manufacturing,\ncompounding, converting, producing,  processing, or preparing controlled\nsubstances;\n(c) Isomerization devices used, intended for use, or designed for use in increasing\nthe potency of any species of plant which is a controlled substance;\n(d) Except as provided in subsection (7) of this secti on, testing equipment used,\nintended for use, or designed for use in analyzing the strength, effectiveness,\nor purity of controlled substances;\n(e) Scales and balances used, intended for use, or designed for use in weighing or\nmeasuring controlled substances;\n(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,\ndextrose and lactose, used, intended for use, or designed for use in cutting\ncontrolled substances;\n(g) Separation gins and sifters used, intended for use, or designed for use in\nremoving twigs and seeds from, or in otherwise cleaning or refining\nmarijuana;\n(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for\nuse, or designed for use in compounding controlled substances;\n(i) Capsules, balloons, envelopes, and other containers used, intended for use, or\ndesigned for use in packaging small quantities of controlled substances;\n(j) Containers and other objects used, intended for use, or designed for use in\nstoring or concealing controlled substances;\n(k) Hypodermic syringes, needles, and other objects used, intended for use, or\ndesigned for use in parenterally injecting controlled substances into the human\nbody; and\n(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or\notherwise introducing marijuana, cocaine, hashish, or hashish oil into the\nhuman body, such as: m etal, wooden, acrylic, glass, stone, plastic, or ceramic\npipes with or without screens, permanent screens, hashish heads, or punctured\nmetal bowls; water pipes; carburetion tubes and devices; smoking and\ncarburetion masks; roach clips which mean objects us ed to hold burning\nmaterial, such as marijuana cigarettes, that have become too small or too short\nto be held in the hand; miniature cocaine spoons, and cocaine vials; chamber\npipes; carburetor pipes; electric pipes; air -driven pipes; chillums; bongs; ice\npipes or chillers.\n(2) It is unlawful for any person to use, or to possess with intent to use, drug\nparaphernalia for the purpose of planting, propagating, cultivating, growing,\nharvesting, manufacturing, compounding, converting, producing, processing,\npreparing, testing, analyzing, packing, repacking, storing, containing, concealing,\ninjecting, ingesting, inhaling, or otherwise introducing into the human body a\ncontrolled substance in violation of this chapter.\n(3) It is unlawful for any person to deliver,  possess with intent to deliver, or\nmanufacture with intent to deliver, drug paraphernalia, knowing, or under\ncircumstances where one reasonably should know, that it will be used to plant,\npropagate, cultivate, grow, harvest, manufacture, compound, convert , produce,\nprocess, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,\ninhale, or otherwise introduce into the human body a controlled substance in\nviolation of this chapter.\n(4) It is unlawful for any person to place in any new spaper, magazine, handbill, or\nother publication any advertisement, knowing, or under circumstances where one\nreasonably should know, that the purpose of the advertisement, in whole or in part,\nis to promote the sale of objects designed or intended for use as drug paraphernalia.\n(5) (a) This section shall not prohibit a local health department from operating a\nsubstance abuse treatment outreach program which allows participants to\nexchange hypodermic needles and syringes.\n(b) To operate a substance abuse tr eatment outreach program under this\nsubsection, the local health department shall have the consent, which may be\nrevoked at any time, of the local board of health and:\n1. The legislative body of the first or home rule class city in which the\nprogram would operate if located in such a city; and\n2. The legislative body of the county, urban -county government, or\nconsolidated local government in which the program would operate.\n(c) Items exchanged at the program shall not be deemed drug paraphernalia under\nthis section while located at the program.\n(6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace\nofficer may inquire as to the presence of needles or other sharp objects in the\nareas to be searched that may cut or puncture th e officer and offer to not\ncharge a person with possession of drug paraphernalia if the person declares\nto the officer the presence of the needle or other sharp object. If, in response\nto the offer, the person admits to the presence of the needle or other sharp\nobject prior to the search, the person shall not be charged with or prosecuted\nfor possession of drug paraphernalia for the needle or sharp object or for\npossession of a controlled substance for residual or trace drug amounts\npresent on the needle or sharp object.\n(b) The exemption under this subsection shall not apply to any other drug\nparaphernalia that may be present and found during the search or to controlled\nsubstances present in other than residual or trace amounts.\n(7) (a) This section shall n ot prohibit the retail sale of hypodermic syringes and\nneedles without a prescription in pharmacies.\n(b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed\ndrug paraphernalia under this section.\n(c) 1. Except as provided in subparagr aph 2. of this paragraph, narcotic drug\ntesting products utilized in determining whether a controlled substance\ncontains a synthetic opioid or its analogues shall not be deemed drug\nparaphernalia under this section.\n2. A narcotic drug testing product that is utilized in conjunction with the\nimportation, manufacture, or selling of fentanyl or a fentanyl analogue\nin violation of this chapter shall be deemed drug paraphernalia under\nthis section.\n(d) Notwithstanding any other statute to the contrary, possessio n of a narcotic\ndrug testing product used in accordance with paragraph (c)1. of this\nsubsection that contains residual or trace amounts of a synthetic opioid or an\nanalogue thereof shall not be prosecuted as possession of a controlled\nsubstance under any provision of this chapter.\n(8) Any person who violates any provision of this section shall be guilty of a Class A\nmisdemeanor.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54121","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"36585b6e31817f4db16faaf58caf2ba72a89cf2958c4a7ff9ec719d0cac4a923","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.460","next":"us-ky/krs-218a.510"},"notice":"GroundRules: Original legal text. Not legal advice."}