Kentucky Revised Statutes
Ky. Rev. Stat. § 218A.1432 (2026)
Manufacturing methamphetamine -- Penalties
✓ current as of May 2026
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(1) A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or (b) With intent to manufacture methamphetamine possesses two (2) or more chemicals or two (2) or more items of equipment for the manufacture of methamphetamine. (2) Manufacture of methamphetamine is a Class B felony for the first offense and a Class A felony for a second or subsequent offense. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 150, sec. 9, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 606, sec. 59, effective July 15, 1998.
Notes of Decisions
Cited in 46
cases (4 in the last 5 years), 2000–2024 · leading case: Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). “From July 15, 1998, when manufacturing methamphetamine was first made a crime in this Commonwealth, until June 20, 2005, KRS 218A.1432(1) simply provided: A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or…”
Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). “KRS 218A.1432(1) requires a culpable mental state of “knowingly” as an element of the offense.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “The instruction for the August 3, 2001, offense was substantially the same, except that it described the chemicals and equipment found during that search. The instructions were erroneous in two respects.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). “The indictment also correctly cited KRS 218A.1432 as the statute proscribing the charged offense.”
Lovett v. Commonwealth, 103 S.W.3d 72 (Ky. 2003). “denying the motion to suppress because the search warrant was constitutionally defective and the good faith exception to the exclusionary rule did not apply under these facts; (2) the trial court's order granting the prosecution's motion to depose the confidential informant in…”
Robinson v. Commonwealth, 181 S.W.3d 30 (Ky. 2006). “1432(l)(a) provided “a person is guilty_when he knowingly and unlawfully manufactures methamphetamine;”. Section (l)(b) provided “a person is guilty_when he knowingly and unlawfully possesses the chemicals or equipment for the manufacture of methamphetamine with the intent to…”
Shemwell v. Commonwealth, 294 S.W.3d 430 (Ky. 2009). “” The corresponding jury instruction for the manufacturing methamphetamine charge in this case was: You will find [Appellant] guilty of Manufacturing Methamphetamine under this instruction, if and only if, you believe from the evidence beyond a reasonable doubt that in Ohio…”
Johnson v. Commonwealth, 134 S.W.3d 563 (Ky. 2004). “Unanimous Verdict As it is currently written, manufacturing methamphetamine can be proven in two different ways under KRS 218A.1432 (1), which provides: (1) A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or…”
Pate v. Commonwealth, 243 S.W.3d 327 (Ky. 2008). “In Kotila , this Court held that a defendant cannot be convicted of manufacturing methamphetamine pursuant to KRS 218A.1432(1)(b) [1] unless he possesses either all the equipment or all the chemicals necessary for manufacture.”
Pate v. Commonwealth, 134 S.W.3d 593 (Ky. 2004). “Commonwealth, 8 we held that a person must possess all of the chemicals, as opposed to any of the chemicals, or all of the equipment necessary to manufacture methamphetamine in order to be properly convicted under - KRS 218A.1432(l)(b). 9 Thus, a trial court should direct a…”
— Ky. Rev. Stat. § 218A.1432(1) — 12 cases
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). “From July 15, 1998, when manufacturing methamphetamine was first made a crime in this Commonwealth, until June 20, 2005, KRS 218A.1432(1) simply provided: A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or…”
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “The instruction for the August 3, 2001, offense was substantially the same, except that it described the chemicals and equipment found during that search. The instructions were erroneous in two respects.”
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). “KRS 218A.1432(1) requires a culpable mental state of “knowingly” as an element of the offense.”
Cantrell v. Commonwealth, 288 S.W.3d 291 (Ky. 2009).
— Ky. Rev. Stat. § 218A.1432(1)(a) — 8 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). “KRS 218A.1432(1) requires a culpable mental state of “knowingly” as an element of the offense.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “The instruction for the August 3, 2001, offense was substantially the same, except that it described the chemicals and equipment found during that search. The instructions were erroneous in two respects.”
Johnny Marshall v. Commonwealth of Kentucky (Ky. 2017).
Johnny Marshall v. Commonwealth of Kentucky (Ky. 2017).
— Ky. Rev. Stat. § 218A.1432(1)(b) — 17 cases
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). “From July 15, 1998, when manufacturing methamphetamine was first made a crime in this Commonwealth, until June 20, 2005, KRS 218A.1432(1) simply provided: A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or…”
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). “The indictment also correctly cited KRS 218A.1432 as the statute proscribing the charged offense.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “The instruction for the August 3, 2001, offense was substantially the same, except that it described the chemicals and equipment found during that search. The instructions were erroneous in two respects.”
— Ky. Rev. Stat. § 218A.1432(2) — 4 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). “The indictment also correctly cited KRS 218A.1432 as the statute proscribing the charged offense.”
Brooks v. Commonwealth, 217 S.W.3d 219 (Ky. 2007).
Kenneth Goben v. Kathleen M. Keeney (Ky. Ct. App. 2021).
— Ky. Rev. Stat. § 218A.1432(l)(a) — 11 cases
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). “KRS 218A.1432(1) requires a culpable mental state of “knowingly” as an element of the offense.”
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Shemwell v. Commonwealth, 294 S.W.3d 430 (Ky. 2009). “” The corresponding jury instruction for the manufacturing methamphetamine charge in this case was: You will find [Appellant] guilty of Manufacturing Methamphetamine under this instruction, if and only if, you believe from the evidence beyond a reasonable doubt that in Ohio…”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “The instruction for the August 3, 2001, offense was substantially the same, except that it described the chemicals and equipment found during that search. The instructions were erroneous in two respects.”
Johnson v. Commonwealth, 134 S.W.3d 563 (Ky. 2004). “Unanimous Verdict As it is currently written, manufacturing methamphetamine can be proven in two different ways under KRS 218A.1432 (1), which provides: (1) A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or…”
— Ky. Rev. Stat. § 218A.1432(l)(b) — 19 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). “From July 15, 1998, when manufacturing methamphetamine was first made a crime in this Commonwealth, until June 20, 2005, KRS 218A.1432(1) simply provided: A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or…”
Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006). “489 with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). “The indictment also correctly cited KRS 218A.1432 as the statute proscribing the charged offense.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “The instruction for the August 3, 2001, offense was substantially the same, except that it described the chemicals and equipment found during that search. The instructions were erroneous in two respects.”
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