evidence of intent -- Penalties.
(1) A person is guilty of unlawful possession of a methamphetamine precursor when he
or she knowingly and unlawfully possesses a drug product or combination of drug
products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their
salts, isomers, or salts of isomers, with the intent to use the drug product or
combination of drug products as a precursor to manufacturing methamphetamine or
other controlled substance.
(2) (a) Except as provided in paragraph (b) of this subsection, possession of a drug
product or combination of drug products containing more than nine (9) grams
of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts,
isomers, or salts of isomers, within any thirty (30) day period shall constitute
prima facie evidence of the intent to use the drug product or combination of
drug products as a precursor to methamphetamine or other controlled
substance.
(b) The prima facie evidence referred to in paragraph (a) of this subsection shall
not apply to the following persons who lawfully possess a drug product or
combination of drug products listed in subsection (1) of this section in the
course of legitimate business:
1. A retail distributor of drug products or wholesaler of drug products or its
agent;
2. A wholesale drug distributor, or its agent, issued a permit by the Board
of Pharmacy;
3. A pharmacist licensed by the Board of Pharmacy;
4. A pharmacy permitted by the Board of Pharmacy;
5. A licensed health care professional possessing the drug products in the
course of carrying out his or her profession;
6. A trained chemist working in a properly equipped research laboratory in
an education, government, or corporate setting; or
7. A common carrier under contract with any of the persons or entities set
out in subparagraphs 1. to 6. of this paragraph.
(3) Unlawful possession of a methamphetamine precursor is a Class D felony for the
first offense and a Class C felony for each subsequent offense.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 150, sec. 10, effective June 20, 2005. -- Created
2002 Ky. Acts ch. 170, sec. 1, effective July 15, 2002.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 2003–2023 · leading case:
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
· cites it 49× “010 liability for incomplete possession of the chemicals or equipment for methamphetamine manufacture would be "incongruous" with the General Assembly's subsequent criminalization of Possession of a Methamphetamine Precursor as a Class D felony under KRS 218A.1437; (2)…”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006).
· cites it 10× “Likewise, "all of the chemicals" would necessarily include a methamphetamine precursor, such as the Sudafed tablets possessed by Appellant at the time of his arrest, possession of which is also proscribed by a separate statute, KRS 218A.1437, a Class D felony. Under the majority…”
United States v. Timmy Fields, 53 F.4th 1027 (6th Cir. 2022).
· cites it 6× “The second was for “Unlawful Possession of a Methamphetamine Precursor and Persistent Felony Offender,” in violation of Ky. Rev. Stat. §§ 218A.1437 & 532.080 (the Meth-Precursor Offense).”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
· cites it 2× “KRS 218A.1437(1). Hudson and Moutardier proceeded further up the gravel driveway to a double-wide mobile home, the "Johnnie Hayes trailer," where Johnnie Hayes and his wife and children resided.”
Shemwell v. Commonwealth, 294 S.W.3d 430 (Ky. 2009).
· cites it 4× “APPELLANT’S CONVICTIONS FOR MANUFACTURING METHAMPHETAMINE AND POSSESSION OF A METHAMPHETAMINE PRECURSOR DO NOT VIOLATE DOUBLE JEOPARDY Appellant first argues that his conviction for manufacturing methamphetamine under KRS 218A.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004).
· cites it 2× “KRS 218A.1437(1). Appellant executed a written consent to a search of his residence, yard, and garage.”
Nichols v. Commonwealth, 186 S.W.3d 761 (Ky. Ct. App. 2005).
· cites it 4× “1438, one count of Unlawful Possession of a Methamphetamine Precursor, a Class D felony proscribed by KRS 218A.1437, and Possession of Marijuana, a Class A misdemeanor proscribed by KRS 218A.”
United States v. Timmy Fields, 44 F.4th 490 (6th Cir. 2022).
· cites it 6× “The second was for “Unlawful Possession of a Methamphetamine Precursor and Persistent Felony Offender,” in violation of Ky. Rev. Stat. §§ 218A.1437 & 532.080 (the Meth-Precursor Offense).”
Pitcock v. Commonwealth, 295 S.W.3d 130 (Ky. Ct. App. 2009).
“On July 12, 2006, Pitcock was indicted for unlawful possession of methamphetamine precursor, pursuant to KRS 218A.1437, which provides that possession of a drug product containing more than nine grams of ephedrine, pseudoephedrine, or phenylpropano-lamine within a thirty-day…”
Sevier v. Commonwealth, 434 S.W.3d 443 (Ky. 2014).
“11 Therefore, under the Commonwealth’s theory, Sevier violated KRS 218A.1437 when he (1) possessed pseu-doephedrine (2) with the intent to use it as a precursor to manufacture methamphetamine.”
Roberts v. Commonwealth, 410 S.W.3d 606 (Ky. 2013).
“1437(1): "A person is guilty of unlawful possession of a methamphetamine precursor when he or she knowingly and unlawfully possesses a drug product or combination of drug products containing ephedrine, pseudoephedrine, or phenylpropa-nolamine, or their salts, isomers, or salts…”
Hatcher v. Commonwealth, 310 S.W.3d 691 (Ky. Ct. App. 2010).
“1437), each requiring proof of different elements and each stemming from the possession of a different substance or precursor (marijuana, methamphetamine, and a methamphetamine precursor), and each involving a different subsection of KRS 218A. Thus, those convictions could not…”
— Ky. Rev. Stat. § 218A.1437(1) — 8 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
“010 liability for incomplete possession of the chemicals or equipment for methamphetamine manufacture would be "incongruous" with the General Assembly's subsequent criminalization of Possession of a Methamphetamine Precursor as a Class D felony under KRS 218A.1437; (2)…”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
“KRS 218A.1437(1). Hudson and Moutardier proceeded further up the gravel driveway to a double-wide mobile home, the "Johnnie Hayes trailer," where Johnnie Hayes and his wife and children resided.”
Shemwell v. Commonwealth, 294 S.W.3d 430 (Ky. 2009).
“APPELLANT’S CONVICTIONS FOR MANUFACTURING METHAMPHETAMINE AND POSSESSION OF A METHAMPHETAMINE PRECURSOR DO NOT VIOLATE DOUBLE JEOPARDY Appellant first argues that his conviction for manufacturing methamphetamine under KRS 218A.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004).
“KRS 218A.1437(1). Appellant executed a written consent to a search of his residence, yard, and garage.”
United States v. Timmy Fields, 53 F.4th 1027 (6th Cir. 2022).
“The second was for “Unlawful Possession of a Methamphetamine Precursor and Persistent Felony Offender,” in violation of Ky. Rev. Stat. §§ 218A.1437 & 532.080 (the Meth-Precursor Offense).”
— Ky. Rev. Stat. § 218A.1437(2)(a) — 1 case
Nichols v. Commonwealth, 186 S.W.3d 761 (Ky. Ct. App. 2005).
“1438, one count of Unlawful Possession of a Methamphetamine Precursor, a Class D felony proscribed by KRS 218A.1437, and Possession of Marijuana, a Class A misdemeanor proscribed by KRS 218A.”
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