Ky. Rev. Stat. » Chapter 218A
Kentucky Revised Statutes

Ky. Rev. Stat. § 218A.040 (2026)

Criteria for classification under Schedule I

✓ laws through the 2026 session (checked Sept. 2026)
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The Cabinet for Health and Family Services shall place a substance in Schedule I if it finds that the substance:

(1) Has high potential for abuse; and

(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 529, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 472, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1972 Ky. Acts ch. 226, sec. 5.

Notes of Decisions
Cited in 3 cases, 1993–2013 · leading case: Lofthouse v. Commonwealth, 13 S.W.3d 236 (Ky. 2000).
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Lofthouse v. Commonwealth, 13 S.W.3d 236 (Ky. 2000). · cites it 4× “In support of this proposition, the Commonwealth first asserts that KRS 218A.040 and KRS 218A.060 provide that schedule I and schedule II controlled substances, e.”
Commonwealth v. Grubb, 862 S.W.2d 883 (Ky. 1993). · cites it 2× “The wording of the Montana statute was similar to that of KRS 218A.040. New Mexico, in State v. Smith, 94 N.”
Commonwealth v. Hamilton, 411 S.W.3d 741 (Ky. 2013). “The Court acknowledged the defendant's argument that the Cabinet had failed to state the statutorily required findings in the regulation.”
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