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

Ky. Rev. Stat. § 218A.140 (2026)

Prohibited acts relating to controlled substances -- Penalties

✓ current as of May 2026
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(1) (a) No person shall obtain or attempt to obtain a prescription for a controlled substance by knowingly misrepresenting to, or knowingly withholding information from, a practitioner. (b) No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner. (c) No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance by the use of a false name or the giving of a false address. (d) No person shall knowingly make a false statement regarding any prescription, order, report, or record required by this chapter. (e) No person shall, for the purpose of obtaining a controlled substance, falsely assume the title of or represent himself or herself to be a manufacturer, wholesaler, distributor, repacker, pharmacist, practitioner, or other authorized person. (f) In order to obtain a controlled substance, no person shall present a prescription for a controlled substance that was obtained in violation of this chapter. (g) No person shall affix any false or forged label to a package or receptacle containing any controlled substance. (2) No person shall possess, manufacture, sell, dispense, prescribe, distribute, or administer any counterfeit substance. (3) No person shall knowingly obtain or attempt to obtain a prescription for a controlled substance without having formed a valid practitioner-patient relationship with the practitioner or his or her designee from whom the person seeks to obtain the prescription. (4) No person shall knowingly assist a person in obtaining or attempting to obtain a prescription in violation of this chapter. (5) Any person who violates any subsection of this section shall be guilty of a Class D felony. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 6, effective June 8, 2011. -- Amended 2007 Ky. Acts ch. 124, sec. 2, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 301, sec. 22, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 441, sec. 5, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 160, sec. 2, effective July 13, 1990.

Notes of Decisions
Cited in 32 cases (1 in the last 5 years), 1974–2025 · leading case: Stidham v. Clark, 74 S.W.3d 719 (Ky. 2002).
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Stidham v. Clark, 74 S.W.3d 719 (Ky. 2002). · cites it 8× “Bunch's records to determine if Appellant has violated KRS 218A.140(1) by obtaining prescriptions for the same controlled substance from multiple medical practitioners by withholding information from each practitioner that the same prescription has been obtained from another or…”
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). · cites it 6× “" (emphasis added)); KRS 218A.140(1)(b) ("No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.”
Kroth v. Commonwealth, 737 S.W.2d 680 (Ky. 1987). · cites it 6× “KRS 218A.140 provides in part that no person shall traffic in any controlled substance.”
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). · cites it 2× “, DUI 4th and OSL/DUI 3rd convictions occurring on March 24, 1998, and two separate convictions of obtaining controlled substances by fraud or forgery, KRS 218A.140(1)(c), occurring on April 24, 1990, and October 31, 1990.”
Commonwealth v. Grubb, 862 S.W.2d 883 (Ky. 1993). · cites it 4× “KRS 218A.140 (prior to the amendments to KRS 218A) prohibits acts relating to controlled substances and specifically states, "No person shall traffic in any controlled substance except as authorized in this chapter.”
Riley v. Commonwealth, 120 S.W.3d 622 (Ky. 2003). · cites it 2× “KRS 218A.140(1) (amended, 1992 Ky. Acts, ch.”
Commonwealth v. Crowder, 884 S.W.2d 649 (Ky. 1994). · cites it 2× “Crowder was indicted for illegal possession of a controlled substance, cocaine, in violation of KRS 218A.140 and 218A.990(7). Crowder moved to suppress on the ground that the search for drugs exceeded the permissible scope of a Terry search.”
Invesco Institutional (N.A.), Inc. v. Paas, 244 F.R.D. 374 (W.D. Ky. 2007). “The Commonwealth sought to overcome the privilege, by arguing that those entries in the psychiatrist’s record that established the efforts of the defendant to unlawfully obtain controlled substances in violation of KRS 218A.”
Commonwealth v. Shivley, 814 S.W.2d 572 (Ky. 1991). · cites it 2× “Neither statute determines any amount of cocaine which may be possessed legally.”
Howard v. Commonwealth, 777 S.W.2d 888 (Ky. 1989). · cites it 2× “OPINION OF THE COURT On August 31, 1988, appellant entered conditional pleas of guilty to the charges of trafficking in a controlled substance/subsequent offender (KRS 218A.140 and 218A.990 respectively) and of being a persistent felony offender in the first degree (KRS 532.”
Wonn v. Commonwealth, 606 S.W.2d 169 (Ky. Ct. App. 1980). · cites it 2× “This appeal is taken from convictions in the Fayette Circuit Court for violation of KRS 218A.140, obtaining a prescription by fraud, and of KRS 532.”
Commonwealth v. Shelton, 766 S.W.2d 628 (Ky. 1989). · cites it 2× “Appellee, Jerry Mac Shelton, was found guilty of possession of cocaine (KRS 218A.140), by a Hickman Circuit Court jury and was sentenced to five (5) years in prison and fined $5,000.”
Show all 32 citing cases →
— Ky. Rev. Stat. § 218A.140(1) — 7 cases
Stidham v. Clark, 74 S.W.3d 719 (Ky. 2002). “Bunch's records to determine if Appellant has violated KRS 218A.140(1) by obtaining prescriptions for the same controlled substance from multiple medical practitioners by withholding information from each practitioner that the same prescription has been obtained from another or…”
Riley v. Commonwealth, 120 S.W.3d 622 (Ky. 2003). “KRS 218A.140(1) (amended, 1992 Ky. Acts, ch.”
Invesco Institutional (N.A.), Inc. v. Paas, 244 F.R.D. 374 (W.D. Ky. 2007). “The Commonwealth sought to overcome the privilege, by arguing that those entries in the psychiatrist’s record that established the efforts of the defendant to unlawfully obtain controlled substances in violation of KRS 218A.”
Kroth v. Commonwealth, 737 S.W.2d 680 (Ky. 1987). “KRS 218A.140 provides in part that no person shall traffic in any controlled substance.”
Sussman v. Commonwealth, 610 S.W.2d 608 (Ky. 1980).
— Ky. Rev. Stat. § 218A.140(1)(a) — 1 case
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “" (emphasis added)); KRS 218A.140(1)(b) ("No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.”
— Ky. Rev. Stat. § 218A.140(1)(b) — 1 case
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “" (emphasis added)); KRS 218A.140(1)(b) ("No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.”
— Ky. Rev. Stat. § 218A.140(1)(c) — 2 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “" (emphasis added)); KRS 218A.140(1)(b) ("No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.”
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). “, DUI 4th and OSL/DUI 3rd convictions occurring on March 24, 1998, and two separate convictions of obtaining controlled substances by fraud or forgery, KRS 218A.140(1)(c), occurring on April 24, 1990, and October 31, 1990.”
— Ky. Rev. Stat. § 218A.140(2) — 3 cases
Preston v. Commonwealth, 898 S.W.2d 504 (Ky. Ct. App. 1995).
Creech v. Commonwealth, 812 S.W.2d 162 (Ky. Ct. App. 1991).
Jackson v. Commonwealth, 806 S.W.2d 643 (Ky. 1991).
— Ky. Rev. Stat. § 218A.140(4)(a) — 1 case
Morrison v. Commonwealth, 607 S.W.2d 114 (Ky. 1980).
— Ky. Rev. Stat. § 218A.140(5) — 1 case
Eric Lisle Farwick v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 218A.140(l)(a) — 1 case
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “" (emphasis added)); KRS 218A.140(1)(b) ("No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.”
— Ky. Rev. Stat. § 218A.140(l)(b) — 1 case
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “" (emphasis added)); KRS 218A.140(1)(b) ("No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.”
— Ky. Rev. Stat. § 218A.140(l)(c) — 2 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “" (emphasis added)); KRS 218A.140(1)(b) ("No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.”
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004). “, DUI 4th and OSL/DUI 3rd convictions occurring on March 24, 1998, and two separate convictions of obtaining controlled substances by fraud or forgery, KRS 218A.140(1)(c), occurring on April 24, 1990, and October 31, 1990.”
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