{"data":{"id":"us-ky/krs-315.320","jurisdiction":"us-ky","citation":"KRS 315.320","heading":"Illegal operation of out -of-state pharmacy -- Exemption for lapsed license","body":"or permit -- Penalty -- Exceptions from section.\n(1) A person or pharmacy is guilty of a Class C felony if the person or pharmacy,\nlocated inside or outside this Commonwealth, is not licensed by the Commonwealth\nof Kentucky to engage in the practice of pharmacy and knowingly:\n(a) Communicates with a person in this Commonwealth; and\n(b) Uses or attempts to use such communication or information, in whole, or in\npart, to:\n1. Fill or refill a prescription for a prescription drug for the other person; or\n2. Deliver, cause, allow, or aid in the delivery of a controlled substance,\nimitation controlled substance, counterfeit substance or prescription\ndrug to the other person.\n(2) A perso n or pharmacy is guilty of a Class B felony if the substance or drug\ndispensed in subsection (1) of this section:\n(a) Is classified in Schedule I; or\n(b) Proximately causes serious physical injury or the death of the intended\nrecipient of the substance or drug or any other person.\n(3) The court shall not grant probation to or suspend the sentence of a person punished\npursuant to subsection (2) of this section.\n(4) A person who knowingly aids another in any act or transaction that violates the\nprovisions of subsection (1) of this section is guilty of a Class C felony.\n(5) A person who knowingly aids another in any act or transaction that violates the\nprovisions of subsection (2) of this section is guilty of a Class B felony.\n(6) A person or pharmacy may be pr osecuted, convicted, and punished for a violation\nof this section whether or not the person is prosecuted, convicted, or punished for a\nviolation of any other statute based upon the same act or transaction.\n(7) This section shall not apply to a licensed pharmacist or permitted pharmacy that\ninadvertently allows its license or permit issued by the Kentucky Board of\nPharmacy to lapse for a period of less than thirty (30) days.\n(8) This section shall not apply to au thorized agents of a pharmacy with a valid permit\nissued by the Kentucky Board of Pharmacy.\n(9) This section shall not apply to an authorized agent of a pharmacy that inadvertently\nallows its permit issued by the Kentucky Board of Pharmacy, to lapse for a period\nof less than thirty (30) days.\n(10) Unless a more specific penalty applies within this chapter, anyone who uses the\nInternet to communicate and facilitate the sale of controlled substances, except as\nspecifically provided for in this chapter, may be  prosecuted under KRS Chapter\n218A.","path":["KRS Chapter 315"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=31039","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:12Z","sha256":"57466412c8c112d58414b260d776d4b3024671739a4603c9817951d906557609","source_id":"us-ky","stale":false,"prev":"us-ky/krs-315.315","next":"us-ky/krs-315.325"},"notice":"GroundRules: Original legal text. Not legal advice."}