Kentucky Revised Statutes

Ky. Rev. Stat. § 218A.220 (2026)

Persons exempt from chapter

✓ current as of May 2026

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The provisions of this chapter shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such substances, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of controlled substances; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. History: Created 1972 Ky. Acts ch. 226, sec. 23.

Notes of Decisions

Cited in 3 cases, 1979–2014 · leading case: Commonwealth v. Adkins, 331 S.W.3d 260 (Ky. 2011).

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Commonwealth v. Adkins, 331 S.W.3d 260 (Ky. 2011). · cites it 18× “We granted the Commonwealth's motion for discretionary review to consider to what extent our statutes provide for an innocent possession defense, and specifically we asked the parties to address the issue in light of KRS 218A.220, which exempts certain persons whose possession…”

Crabtree v. Commonwealth, 455 S.W.3d 390 (Ky. 2014). · cites it 2× “This Court also noted that this implicit defense was confirmed by KRS 218A.220, which expressly “exempts from the controlled substance prohibitions persons engaged in the lawful storing or transporting of such substances, public officials and their employees and agents whose…”

Harris v. Commonwealth, 579 S.W.2d 111 (Ky. 1979). · cites it 4× “Discretionary review was granted by this court to interpret KRS 218A.220, which exempts certain persons from prosecution under Chapter 218A for drug offenses.”

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