Kentucky Revised Statutes
Ky. Rev. Stat. § 218A.070 (2026)
Repealed, 2017
✓ current as of May 2026
Find cases:
SyfertCases citing this section
KY-LRCapps.legislature.ky.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
Catchline at repeal: Schedule II controlled substances. History: Repealed 2017 Ky. Acts ch. 61, sec. 7, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 135, sec. 4, effective April 27, 2016. -- Amended 2005 Ky. Acts ch. 99, sec. 532, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 475, effective July 15, 1998 and ch. 606, sec. 67, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 412, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 441, sec. 3, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 286, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1972 Ky. Acts ch. 226, sec. 8.
Notes of Decisions
Cited in 17
cases, 1977–2015 · leading case: Commonwealth v. Shivley, 814 S.W.2d 572 (Ky. 1991).
Commonwealth v. Shivley, 814 S.W.2d 572 (Ky. 1991). “2d 223 (1977), reviewed KRS 218A.070 as it related to prosecution for possession of phenmetrazine (a Schedule II nonnarcotic controlled substance).”
Jones v. Commonwealth, 331 S.W.3d 249 (Ky. 2011). “050 and KRS 218A.070 list which drugs are considered to be Schedule I or Schedule II controlled substances.”
Woods v. Commonwealth, 793 S.W.2d 809 (Ky. 1990). “990(1) states in pertinent part: "Any person who knowingly and unlawfully traffics in or transfers a controlled substance classified in Schedules I or II which is a narcotic drug or which is included in KRS 218A.070(1)(d) shall, for the first offense, be [punishment stated], and…”
McCloud v. Commonwealth, 286 S.W.3d 780 (Ky. 2009). “KRS 218A.070(l)(d). 18 . KRS 218A.1415. 19 .”
Dixon v. Commonwealth, 149 S.W.3d 426 (Ky. 2004). “KRS 218A.070. Mere possession of cocaine is a Class D felony, KRS 218A.”
Jacobs v. Commonwealth, 551 S.W.2d 223 (Ky. 1977). “Appellant’s first argument stems from the wording of KRS 218A.070, which she argues controls only those drugs which are shown not to have been removed from the schedule of controlled substances at the time of the alleged offense, and also only that quantity of phenmetrazine…”
Harrod v. Commonwealth, 552 S.W.2d 682 (Ky. Ct. App. 1977). “Neither Dilaudid nor Demerol is specifically listed by name in KRS 218A.070, nor does the record contain any competent evidence indicating that these substances are included within one of the various compounds scheduled in KRS 218A.”
Sanders v. Commonwealth, 663 S.W.2d 216 (Ky. Ct. App. 1983). “KRS 218A.070 relates to “Schedule II Controlled Substances.”
Richmond v. Commonwealth, 637 S.W.2d 642 (Ky. 1982). “KRS 218A.070, 218A.990(1). The judgment was affirmed by the Court of Appeals and comes before this court pursuant to a grant of review.”
Howard v. Commonwealth, 787 S.W.2d 264 (Ky. Ct. App. 1989). “In Jacobs appellant was arguing the quantity of phenmetrazine seized was insufficient to sustain a conviction for violation of possession of a Schedule II nonnarcotic controlled substance under KRS 218A.070(3)(c). The Supreme Court ruled that evidence of possession of any amount…”
Commonwealth v. Combs, 316 S.W.3d 877 (Ky. 2010). “Although it does not appear to be specifically listed in KRS 218A.070's list of Schedule II controlled *880 substances, oxycodone is specifically listed as being a Schedule II controlled substance in 902 Kentucky Administrative Regulations (KAR) 55:020 § 4(14).”
White v. Commonwealth, 611 S.W.2d 529 (Ky. Ct. App. 1980). “KRS 218A.070 and KRS 218A.990(1). Additionally, he was charged with being a persistent felony offender.”
— Ky. Rev. Stat. § 218A.070(1)(d) — 1 case
Woods v. Commonwealth, 793 S.W.2d 809 (Ky. 1990). “990(1) states in pertinent part: "Any person who knowingly and unlawfully traffics in or transfers a controlled substance classified in Schedules I or II which is a narcotic drug or which is included in KRS 218A.070(1)(d) shall, for the first offense, be [punishment stated], and…”
— Ky. Rev. Stat. § 218A.070(3) — 1 case
Commonwealth v. Shivley, 814 S.W.2d 572 (Ky. 1991). “2d 223 (1977), reviewed KRS 218A.070 as it related to prosecution for possession of phenmetrazine (a Schedule II nonnarcotic controlled substance).”
— Ky. Rev. Stat. § 218A.070(3)(c) — 2 cases
Howard v. Commonwealth, 787 S.W.2d 264 (Ky. Ct. App. 1989). “In Jacobs appellant was arguing the quantity of phenmetrazine seized was insufficient to sustain a conviction for violation of possession of a Schedule II nonnarcotic controlled substance under KRS 218A.070(3)(c). The Supreme Court ruled that evidence of possession of any amount…”
Jacobs v. Commonwealth, 551 S.W.2d 223 (Ky. 1977). “Appellant’s first argument stems from the wording of KRS 218A.070, which she argues controls only those drugs which are shown not to have been removed from the schedule of controlled substances at the time of the alleged offense, and also only that quantity of phenmetrazine…”
— Ky. Rev. Stat. § 218A.070(l)(d) — 9 cases
McCloud v. Commonwealth, 286 S.W.3d 780 (Ky. 2009). “KRS 218A.070(l)(d). 18 . KRS 218A.1415. 19 .”
Woods v. Commonwealth, 793 S.W.2d 809 (Ky. 1990). “990(1) states in pertinent part: "Any person who knowingly and unlawfully traffics in or transfers a controlled substance classified in Schedules I or II which is a narcotic drug or which is included in KRS 218A.070(1)(d) shall, for the first offense, be [punishment stated], and…”
Commonwealth v. Shivley, 814 S.W.2d 572 (Ky. 1991). “2d 223 (1977), reviewed KRS 218A.070 as it related to prosecution for possession of phenmetrazine (a Schedule II nonnarcotic controlled substance).”
Skiles v. Commonwealth, 757 S.W.2d 212 (Ky. Ct. App. 1988).
Parrish v. Commonwealth, 464 S.W.3d 505 (Ky. Ct. App. 2015).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.