Ky. Rev. Stat. § 218A.210

Controlled substances may be possessed only in original container --

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Penalties. (1) A person to whom or for whose use any controlled substance has been prescribed, sold, or dispensed, by a practitioner or other person authorized under this chapter, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same. (2) Violation of subsection (1) of this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 441, sec. 6, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 226, sec. 22.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1993–2026 · leading case: Houston v. Commonwealth

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Houston v. Commonwealth (1998) ky · cites it 2× “(2) The provisions of this section shall not apply to a violation of KRS 218A.210. According to the evidence at trial, Lexington police officers obtained a search warrant for an apartment based on a confidential informant's disclosure that he had purchased cocaine at that…”

Jody Cain v. Joe Irvin (2008) ca6 “100, Irvin still had probable cause to arrest her for violation of Ky. Rev. Stat. § 218A.210, possession of controlled substances outside of their prescription container, as well as for possession of Schedule III and Schedule IV controlled substances, in -violation of Ky.”

Kentucky Bar Ass'n v. Pulliam (2006) ky “Possession of controlled substances not in original container (KRS 218A.210); 3. Possession of drug paraphernalia (KRS 218A.”

Adams v. Commonwealth (1996) kyctapp “(2) The provisions of this section shall not apply to a violation of KRS 218A.210. A statute is not unconstitutionally vague unless “a person disposed to obey the law could [not] determine with reasonable certainty from the language used whether contemplated conduct would amount…”

G. M. W. v. Commonwealth of Kentucky (2026) kyctapp · cites it 5× “The Commonwealth argued that, under KRS 218A.210, POCS, prescription not in original container, is a Class B misdemeanor for the first offense and is enhanceable to a Class A misdemeanor for subsequent offenses, making it ineligible for expungement pursuant to KRS 431.”

Jerome Hawkins v. Commonwealth of Kentucky (2017) ky · cites it 2× “So the presence; of any traceable amount of cocaine, no matter how small, allows the aggregate weight of the product is to be used to enhan~e the severity of the charge and penalty to be imposed, leading to what I believe is an absurd result.”

David Vincent v. Commonwealth of Kentucky (2023) kyctapp “500(2)); one count of prescription controlled substance not in a proper container, first offense (KRS 218A.210); one count of possession of marijuana (KRS 218A.”

Antonio Deshon Love v. Commonwealth of Kentucky (2024) ky “5 Except for violations of KRS 218A.210, 218A.1450, 218A.1451, or 218A.”

Kentucky Bar Ass'n v. Sawyer (2004) ky “He also pled guilty to the offenses of possession of a prescription not in its original container (KRS 218A.210) and possession of drug paraphernalia (KRS 218A.”

Kentucky Bar Ass'n v. White (1993) ky “White pled guilty to a violation of KRS 218A.210, possession of prescription drugs not in a proper container, a Class A misdemeanor and admits to having developed a drug and alcoholic dependency.”

— Ky. Rev. Stat. § 218A.210(21) — 1 case

Jerome Hawkins v. Commonwealth of Kentucky (2017) ky “So the presence; of any traceable amount of cocaine, no matter how small, allows the aggregate weight of the product is to be used to enhan~e the severity of the charge and penalty to be imposed, leading to what I believe is an absurd result.”

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