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

Ky. Rev. Stat. § 218A.500 (2026)

Definitions for KRS 218A.500 and 218A.510 -- Unlawful practices --

✓ current as of May 2026
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Substance abuse treatment outreach program -- Informing peace officer about presence of needles or other sharp objects before search -- Retail pharmacy exception -- Narcotic drug testing products-- Penalties. As used in this section and KRS 218A.510: (1) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. The term "drug paraphernalia" does not include medicinal cannabis accessories as defined in KRS 218B.010. It includes but is not limited to: (a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (d) Except as provided in subsection (7) of this section, testing equipment used, intended for use, or designed for use in analyzing the strength, effectiveness, or purity of controlled substances; (e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances; (g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; (h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances; (i) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (k) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and (l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips which mean objects used to hold burning material, such as marijuana cigarettes, that have become too small or too short to be held in the hand; miniature cocaine spoons, and cocaine vials; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers. (2) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. (3) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. (4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (5) (a) This section shall not prohibit a local health department from operating a substance abuse treatment outreach program which allows participants to exchange hypodermic needles and syringes. (b) To operate a substance abuse treatment outreach program under this subsection, the local health department shall have the consent, which may be revoked at any time, of the local board of health and: 1. The legislative body of the first or home rule class city in which the program would operate if located in such a city; and 2. The legislative body of the county, urban-county government, or consolidated local government in which the program would operate. (c) Items exchanged at the program shall not be deemed drug paraphernalia under this section while located at the program. (6) (a) Prior to searching a person, a person's premises, or a person's vehicle, a peace officer may inquire as to the presence of needles or other sharp objects in the areas to be searched that may cut or puncture the officer and offer to not charge a person with possession of drug paraphernalia if the person declares to the officer the presence of the needle or other sharp object. If, in response to the offer, the person admits to the presence of the needle or other sharp object prior to the search, the person shall not be charged with or prosecuted for possession of drug paraphernalia for the needle or sharp object or for possession of a controlled substance for residual or trace drug amounts present on the needle or sharp object. (b) The exemption under this subsection shall not apply to any other drug paraphernalia that may be present and found during the search or to controlled substances present in other than residual or trace amounts. (7) (a) This section shall not prohibit the retail sale of hypodermic syringes and needles without a prescription in pharmacies. (b) Hypodermic syringe and needle inventory of a pharmacy shall not be deemed drug paraphernalia under this section. (c) 1. Except as provided in subparagraph 2. of this paragraph, narcotic drug testing products utilized in determining whether a controlled substance contains a synthetic opioid or its analogues shall not be deemed drug paraphernalia under this section. 2. A narcotic drug testing product that is utilized in conjunction with the importation, manufacture, or selling of fentanyl or a fentanyl analogue in violation of this chapter shall be deemed drug paraphernalia under this section. (d) Notwithstanding any other statute to the contrary, possession of a narcotic drug testing product used in accordance with paragraph (c)1. of this subsection that contains residual or trace amounts of a synthetic opioid or an analogue thereof shall not be prosecuted as possession of a controlled substance under any provision of this chapter. (8) Any person who violates any provision of this section shall be guilty of a Class A misdemeanor. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 146, sec. 39, effective June 29, 2023; and ch. 166, sec. 1, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 56, sec. 2, effective June 29, 2021. -- Amended 2015 Ky. Acts ch. 66, sec. 18, effective March 25, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 14, effective April 13, 2010; and ch. 160, sec. 14, effective April 26, 2010. -- Amended 1992 Ky. Acts ch. 441, sec. 8, effective July 14, 1992. -- Created 1982 Ky. Acts ch. 413, sec. 2, effective July 15, 1982. Legislative Research Commission Note (6/29/2023). This statute was amended by 2023 Ky. Acts chs. 146 and 166, which do not appear to be in conflict and have been codified together.

Notes of Decisions
Cited in 96 cases (35 in the last 5 years), 1993–2026 · leading case: Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004).
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Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). · cites it 14× “"Drug paraphernalia" was defined in a separate instruction that parroted the lengthy definition in KRS 218A.500(1), except that it substituted the word "methamphetamine" for the words "a controlled substance.”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). · cites it 8× “§ 5-64-101 ; thus, the Arkansas scheme is more like KRS 218A.500 than KRS 218A.1432(1)(b). Kotila noted that there are at least three methods by which methamphetamine can be manufactured, each requiring possession of a different combination of chemicals or equipment, thus making…”
Sanders v. Commonwealth, 301 S.W.3d 497 (Ky. 2010). · cites it 10× “080(8) clearly states that "[n]o conviction, plea of guilty, or Alford plea to a violation of KRS 218A.500 shall bring a defendant within the purview of or be used as a conviction eligible for making a person a persistent felony offender.”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005). · cites it 4× “KRS 218A.500(1). Furthermore, a cutting agent is drug paraphernalia.”
Blane v. Commonwealth, 364 S.W.3d 140 (Ky. 2012). · cites it 5× “Invocation of Unenhanced Penalty for Possession of Drug- Paraphernalia Appellant’s final argument is that he should be permitted to invoke KRS 218A.500 as amended to eliminate second or subsequent offender enhancement for possession of drug paraphernalia.”
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). · cites it 2× “991(2) (Count VI); possession of drug paraphernalia, second offense, in violation of KRS 218A.500(2) (Count VII); violating the open container laws, KRS 189.”
Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009). · cites it 2× “080(8), which barred any violations of KRS 218A.500 from being used as convictions for determination of persistent felony offender status.”
McClanahan v. Commonwealth, 308 S.W.3d 694 (Ky. 2010). · cites it 2× “2010), we reversed a persistent felony offender conviction predicated upon a violation of KRS 218A.500 (Possession of Drug Paraphernalia) because KRS 532.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). · cites it 2× “KRS 218A.500(1), (3). [1] Because Appellant was convicted of manufacturing methamphetamine under an instruction on possession of drug paraphernalia, his conviction of manufacturing methamphetamine must be reversed for a new trial.”
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003). “1422 and possession of drug paraphernalia in violation of KRS 218A.500(2), both Class A misdemeanors otherwise subject to an aggregate maximum penalty of twelve months incarceration, KRS 532.”
Lexington Fayette Cnty. Food & Beverage Ass'n v. Lexington-Fayette Urban Cnty. Gov't, 131 S.W.3d 745 (Ky. 2004). · cites it 2× “See KRS 218A.500; KRS 218A.510. The Court agreed "that § 857(d) establishes objective standards for determining what constitutes drug paraphernalia," Posters `N' Things , supra at 511 U.”
Adkins v. Commonwealth, 96 S.W.3d 779 (Ky. 2003). “1415, and possession of drug paraphernalia, KRS 218A.500(2). The officers found a bag of clothing in the Mustang that included the blue jeans Caudill said Appellant had worn on November 6th.”
Show all 96 citing cases →
— Ky. Rev. Stat. § 218A.500(1) — 7 cases
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “"Drug paraphernalia" was defined in a separate instruction that parroted the lengthy definition in KRS 218A.500(1), except that it substituted the word "methamphetamine" for the words "a controlled substance.”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). “§ 5-64-101 ; thus, the Arkansas scheme is more like KRS 218A.500 than KRS 218A.1432(1)(b). Kotila noted that there are at least three methods by which methamphetamine can be manufactured, each requiring possession of a different combination of chemicals or equipment, thus making…”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005). “KRS 218A.500(1). Furthermore, a cutting agent is drug paraphernalia.”
Varble v. Commonwealth, 125 S.W.3d 246 (Ky. 2004). “KRS 218A.500(1), (3). [1] Because Appellant was convicted of manufacturing methamphetamine under an instruction on possession of drug paraphernalia, his conviction of manufacturing methamphetamine must be reversed for a new trial.”
Hampton v. Commonwealth, 231 S.W.3d 740 (Ky. 2007).
— Ky. Rev. Stat. § 218A.500(2) — 52 cases
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “"Drug paraphernalia" was defined in a separate instruction that parroted the lengthy definition in KRS 218A.500(1), except that it substituted the word "methamphetamine" for the words "a controlled substance.”
Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). “§ 5-64-101 ; thus, the Arkansas scheme is more like KRS 218A.500 than KRS 218A.1432(1)(b). Kotila noted that there are at least three methods by which methamphetamine can be manufactured, each requiring possession of a different combination of chemicals or equipment, thus making…”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005). “KRS 218A.500(1). Furthermore, a cutting agent is drug paraphernalia.”
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003). “1422 and possession of drug paraphernalia in violation of KRS 218A.500(2), both Class A misdemeanors otherwise subject to an aggregate maximum penalty of twelve months incarceration, KRS 532.”
Adkins v. Commonwealth, 96 S.W.3d 779 (Ky. 2003). “1415, and possession of drug paraphernalia, KRS 218A.500(2). The officers found a bag of clothing in the Mustang that included the blue jeans Caudill said Appellant had worn on November 6th.”
— Ky. Rev. Stat. § 218A.500(5) — 4 cases
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “"Drug paraphernalia" was defined in a separate instruction that parroted the lengthy definition in KRS 218A.500(1), except that it substituted the word "methamphetamine" for the words "a controlled substance.”
Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). “991(2) (Count VI); possession of drug paraphernalia, second offense, in violation of KRS 218A.500(2) (Count VII); violating the open container laws, KRS 189.”
Riley v. Commonwealth, 120 S.W.3d 622 (Ky. 2003).
Smith v. Commonwealth, 400 S.W.3d 742 (Ky. 2013).
— Ky. Rev. Stat. § 218A.500(7) — 1 case
Fultz v. Commonwealth, 554 S.W.3d 385 (Ky. Ct. App. 2018).
— Ky. Rev. Stat. § 218A.500(8) — 1 case
Jonathan T. Stech v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
— Ky. Rev. Stat. § 218A.500(l) — 2 cases
Michael Joseph James v. Commonwealth of Kentucky (Ky. 2019).
Commonwealth of Kentucky v. Michael Joseph James (Ky. 2019).
— Ky. Rev. Stat. § 218A.500(l)(e) — 1 case
Clay v. Commonwealth, 867 S.W.2d 200 (Ky. Ct. App. 1993).
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