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

Ky. Rev. Stat. § 218A.080 (2026)

Criteria for classification under Schedule III

✓ current as of May 2026
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The Cabinet for Health and Family Services shall place a substance in Schedule III if it finds that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 533, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 476, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1972 Ky. Acts ch. 226, sec. 9.

Notes of Decisions
Cited in 5 cases, 1984–2013 · leading case: Commonwealth v. Hamilton, 411 S.W.3d 741 (Ky. 2013).
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Commonwealth v. Hamilton, 411 S.W.3d 741 (Ky. 2013). · cites it 21× “Finally, the Commonwealth argues KRS 218A.080 is constitutional; and the trial court correctly concluded it does not have the authority to strike down a federal regulation.”
Commonwealth v. Grubb, 862 S.W.2d 883 (Ky. 1993). · cites it 2× “2d 680 (1987), however, the conviction of Kroth did not constitute double jeopardy as his conviction stemmed from the possession with intent to sell stolen drugs and constituted a violation of two separate and distinct statutory provisions, being a violation of KRS 218A.080 and…”
Kroth v. Commonwealth, 737 S.W.2d 680 (Ky. 1987). · cites it 2× “KRS 218A.080 and KRS 218A.100 state the differences between Schedule III and Schedule IV types of controlled substances.”
Shelton v. Commonwealth, 928 S.W.2d 817 (Ky. Ct. App. 1996). “The court relied upon the fact that the defendant had in his possession with intent to sell both Schedule III drugs, as defined in KRS 218A.080, and Schedule IV drugs, as defined in KRS 218A.”
Commonwealth v. Hollingsworth, 685 S.W.2d 546 (Ky. 1984). · cites it 3× “The drug involved in the present case, pen-tazocine, was classified under Schedule III, KRS 218A.080, which reads: The cabinet for human resources shall place a substance in Schedule III if it finds that: (1) The substance has a potential for abuse less than the substances…”
— Ky. Rev. Stat. § 218A.080(3) — 1 case
Commonwealth v. Hamilton, 411 S.W.3d 741 (Ky. 2013). “Finally, the Commonwealth argues KRS 218A.080 is constitutional; and the trial court correctly concluded it does not have the authority to strike down a federal regulation.”
— Ky. Rev. Stat. § 218A.080(S) — 1 case
Commonwealth v. Hamilton, 411 S.W.3d 741 (Ky. 2013). “Finally, the Commonwealth argues KRS 218A.080 is constitutional; and the trial court correctly concluded it does not have the authority to strike down a federal regulation.”
— Ky. Rev. Stat. § 218A.080(l) — 1 case
Commonwealth v. Hamilton, 411 S.W.3d 741 (Ky. 2013). “Finally, the Commonwealth argues KRS 218A.080 is constitutional; and the trial court correctly concluded it does not have the authority to strike down a federal regulation.”
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