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

Ky. Rev. Stat. § 218A.1404 (2026)

Prohibited activities relating to controlled substances -- Penalties

✓ current as of May 2026
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(1) No person shall traffic in any controlled substance except as authorized by law. (2) No person shall possess any controlled substance except as authorized by law. (3) No person shall dispense, prescribe, distribute, or administer any controlled substance except as authorized by law. (4) Unless another specific penalty is provided in this chapter, any person who violates the provisions of subsection (1) or (3) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for subsequent offenses and any person who violates the provisions of subsection (2) of this section shall be guilty of a Class A misdemeanor. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 7, effective June 8, 2011. -- Created 1992 Ky. Acts ch. 441, sec. 27, effective July 14, 1992.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2006–2021 · leading case: Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006).
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Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006). · cites it 15× “, of four counts of unlawfully prescribing a controlled substance in violation of KRS § 218A.1404(3). For these crimes, Appellant was sentenced to twenty (20) years imprisonment.”
Commonwealth v. Sears, 206 S.W.3d 309 (Ky. 2006). · cites it 15× “This appeal is from an opinion of the Court of Appeals which reversed a conviction of a licensed dentist for allegedly illegally prescribing a controlled substance under KRS 218A.1404. Sears entered a conditional guilty plea and was sentenced to three years, with six months to…”
Derek Early v. Commonwealth of Kentucky, 470 S.W.3d 729 (Ky. 2015). “Rejecting the doctor’s argument, this Court relied on the plain language of the statute, KRS 218A.1404(3), which defines “prescription” as “a written, electronic, or oral order for a drug or medicine.”
Quintez Johnson v. Commonwealth of Kentucky (Ky. Ct. App. 2021). · cites it 2× “020, KRS 218A.1404(3). Similar to this case, Dr.”
— Ky. Rev. Stat. § 218A.1404(3) — 4 cases
Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006). “, of four counts of unlawfully prescribing a controlled substance in violation of KRS § 218A.1404(3). For these crimes, Appellant was sentenced to twenty (20) years imprisonment.”
Derek Early v. Commonwealth of Kentucky, 470 S.W.3d 729 (Ky. 2015). “Rejecting the doctor’s argument, this Court relied on the plain language of the statute, KRS 218A.1404(3), which defines “prescription” as “a written, electronic, or oral order for a drug or medicine.”
Commonwealth v. Sears, 206 S.W.3d 309 (Ky. 2006). “This appeal is from an opinion of the Court of Appeals which reversed a conviction of a licensed dentist for allegedly illegally prescribing a controlled substance under KRS 218A.1404. Sears entered a conditional guilty plea and was sentenced to three years, with six months to…”
Quintez Johnson v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “020, KRS 218A.1404(3). Similar to this case, Dr.”
— Ky. Rev. Stat. § 218A.1404(4) — 1 case
Commonwealth v. Sears, 206 S.W.3d 309 (Ky. 2006). “This appeal is from an opinion of the Court of Appeals which reversed a conviction of a licensed dentist for allegedly illegally prescribing a controlled substance under KRS 218A.1404. Sears entered a conditional guilty plea and was sentenced to three years, with six months to…”
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