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

Ky. Rev. Stat. § 218A.133 (2026)

Exemption from prosecution for possession of controlled substance or

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

drug paraphernalia if seeking assistance with drug overdose. (1) As used in this section: (a) "Drug overdose" means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death which reasonably appears to be the result of consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe requires medical assistance; and (b) "Good faith" does not include seeking medical assistance during the course of the execution of an arrest warrant, or search warrant, or a lawful search. (2) A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia, for a violation of KRS 507.030(1)(d) or 507.040(1)(d), or for an offense punishable under KRS 218A.1412(3)(c) if: (a) In good faith, medical assistance with a drug overdose is sought from a public safety answering point, emergency medical services, a law enforcement officer, or a health practitioner because the person: 1. Requests emergency medical assistance for himself or herself or another person; 2. Acts in concert with another person who requests emergency medical assistance; or 3. Appears to be in need of emergency medical assistance and is the individual for whom the request was made; (b) The person remains with, or is, the individual who appears to be experiencing a drug overdose until the requested assistance is provided; and (c) The evidence for the charge or prosecution is obtained as a result of the drug overdose and the need for medical assistance. (3) The provisions of subsection (2) of this section shall not extend to the investigation and prosecution of any other crimes committed by a person who otherwise qualifies under this section. (4) When contact information is available for the person who requested emergency medical assistance, it shall be reported to the local health department. Health department personnel shall make contact with the person who requested emergency medical assistance in order to offer referrals regarding substance abuse treatment, if appropriate. (5) A law enforcement officer who makes an arrest in contravention of this section shall not be criminally or civilly liable for false arrest or false imprisonment if the arrest was based on probable cause. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 7, effective July 15, 2024. -- Created 2015 Ky. Acts ch. 66, sec. 11, effective March 25, 2015.

Notes of Decisions
Cited in 11 cases (8 in the last 5 years), 2016–2025 · leading case: Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017).
Sort: Relevance Newest Treatment
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017). · cites it 7× “Kenley filed a motion to dismiss the charge pursuant to KRS 218A.133. That statute reads: (1) As used in this section: (a) “Drug overdose” means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death which…”
Noble v. State, 189 A.3d 807 (Md. Ct. Spec. App. 2018). “418 (1) (d) (2018); Ky. Rev. Stat. Ann. § 218A.133 (2) (a) (2018); La.”
Commonwealth of Kentucky v. Benjamin E. Shroyer (Ky. Ct. App. 2025). · cites it 34× “FACTS During all relevant trial court proceedings, KRS 218A.133 provided in pertinent part:2 (2) A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia if: (a) In good…”
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). · cites it 27× “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
State of Maine v. Billy L. Beaulieu, 2025 ME 4 (Me. 2025). “” Ky. Rev. Stat. Ann. § 218A.133 (West, Westlaw through 2024 Reg.”
Commonwealth of Kentucky v. Billy Letner (Ky. Ct. App. 2023). · cites it 12× “Letner moved to dismiss the indictment, arguing he was exempt from prosecution pursuant to KRS 218A.133, Kentucky’s Medical Amnesty Statute.”
Keith Bradley v. Commonwealth of Kentucky (Ky. Ct. App. 2024). · cites it 11× “On March 20, 2020, the parties, by agreement, rescheduled the pretrial conference for July 6, 2020.”
Pomeroy v. Commonwealth, 509 S.W.3d 721 (Ky. Ct. App. 2016). · cites it 7× “The trial court denied the motion ruling that KRS 218A.133(2) could not be retroactively applied.”
Jason Cook v. Commonwealth of Kentucky (Ky. Ct. App. 2022). · cites it 5× “4 Cook moved the trial court to exempt him from prosecution for drug and paraphernalia possession under KRS 218A.133. His motion was denied. Cook again moved the trial court for exemption from prosecution under KRS 218A.”
Jordan Brown v. Commonwealth of Kentucky (Ky. Ct. App. 2023). · cites it 4× “1 Thereafter, Brown filed a motion to dismiss, arguing KRS 218A.133 bars prosecution for trafficking.”
Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 3× “” (emphasis added)); Ky. Rev. Stat. Ann. § 218A.133(1)(a) (“that a layperson would reasonably believe requires medical assistance” (emphasis added)); Md.”
— Ky. Rev. Stat. § 218A.133(1)(a) — 5 cases
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
Jordan Darrell Morris v. Commonwealth of Virginia (Va. Ct. App. 2023). “” (emphasis added)); Ky. Rev. Stat. Ann. § 218A.133(1)(a) (“that a layperson would reasonably believe requires medical assistance” (emphasis added)); Md.”
Jason Cook v. Commonwealth of Kentucky (Ky. Ct. App. 2022). “4 Cook moved the trial court to exempt him from prosecution for drug and paraphernalia possession under KRS 218A.133. His motion was denied. Cook again moved the trial court for exemption from prosecution under KRS 218A.”
Keith Bradley v. Commonwealth of Kentucky (Ky. Ct. App. 2024). “On March 20, 2020, the parties, by agreement, rescheduled the pretrial conference for July 6, 2020.”
Commonwealth of Kentucky v. Benjamin E. Shroyer (Ky. Ct. App. 2025). “FACTS During all relevant trial court proceedings, KRS 218A.133 provided in pertinent part:2 (2) A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia if: (a) In good…”
— Ky. Rev. Stat. § 218A.133(2) — 7 cases
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017). “Kenley filed a motion to dismiss the charge pursuant to KRS 218A.133. That statute reads: (1) As used in this section: (a) “Drug overdose” means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death which…”
Pomeroy v. Commonwealth, 509 S.W.3d 721 (Ky. Ct. App. 2016). “The trial court denied the motion ruling that KRS 218A.133(2) could not be retroactively applied.”
Commonwealth of Kentucky v. Benjamin E. Shroyer (Ky. Ct. App. 2025). “FACTS During all relevant trial court proceedings, KRS 218A.133 provided in pertinent part:2 (2) A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia if: (a) In good…”
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
Jordan Brown v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “1 Thereafter, Brown filed a motion to dismiss, arguing KRS 218A.133 bars prosecution for trafficking.”
— Ky. Rev. Stat. § 218A.133(2)(a) — 1 case
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
— Ky. Rev. Stat. § 218A.133(2)(a)(1) — 1 case
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
— Ky. Rev. Stat. § 218A.133(2)(a)(2) — 1 case
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
— Ky. Rev. Stat. § 218A.133(2)(a)(3) — 1 case
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
— Ky. Rev. Stat. § 218A.133(2)(b) — 2 cases
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
Commonwealth of Kentucky v. Benjamin E. Shroyer (Ky. Ct. App. 2025). “FACTS During all relevant trial court proceedings, KRS 218A.133 provided in pertinent part:2 (2) A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia if: (a) In good…”
— Ky. Rev. Stat. § 218A.133(2)(c) — 2 cases
Commonwealth of Kentucky v. Benjamin E. Shroyer (Ky. Ct. App. 2025). “FACTS During all relevant trial court proceedings, KRS 218A.133 provided in pertinent part:2 (2) A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia if: (a) In good…”
Lindsey Wilson v. Commonwealth of Kentucky (Ky. 2021). “2 KRS 218A.133 offers immunity from prosecution for the crimes of possession of a controlled substance and possession of drug paraphernalia if the requirements of the statute are satisfied.”
— Ky. Rev. Stat. § 218A.133(3) — 3 cases
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017). “Kenley filed a motion to dismiss the charge pursuant to KRS 218A.133. That statute reads: (1) As used in this section: (a) “Drug overdose” means an acute condition of physical illness, coma, mania, hysteria, seizure, cardiac arrest, cessation of breathing, or death which…”
Commonwealth of Kentucky v. Benjamin E. Shroyer (Ky. Ct. App. 2025). “FACTS During all relevant trial court proceedings, KRS 218A.133 provided in pertinent part:2 (2) A person shall not be charged with or prosecuted for a criminal offense prohibiting the possession of a controlled substance or the possession of drug paraphernalia if: (a) In good…”
Keith Bradley v. Commonwealth of Kentucky (Ky. Ct. App. 2024). “On March 20, 2020, the parties, by agreement, rescheduled the pretrial conference for July 6, 2020.”
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.