Kentucky Revised Statutes

Ky. Rev. Stat. § 250.489 (2026)

Possession of anhydrous ammonia in unapproved container prohibited --

✓ current as of May 2026

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Exceptions -- Affirmative defense. (1) It shall be unlawful for any person to knowingly possess anhydrous ammonia in any container other than an approved container. (2) The provisions of this section shall not apply to trained chemists working in properly equipped research laboratories in education, government, or corporate settings. (3) It shall be an affirmative defense to prosecution under this section that the anhydrous ammonia is possessed for the sole purpose of agricultural use. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 233, sec. 4, effective July 14, 2000.

Notes of Decisions

Cited in 13 cases, 2002–2015 · leading case: Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).

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Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). · cites it 28× “233, § 7), which provides: Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in violation of KRS 250.489 is guilty of a Class D felony unless it is proven that the person violated KRS 250.”

Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006). · cites it 26× “) At the time these offenses were committed, KRS 250.489 and KRS 250.991 provided in pertinent part: *325 KRS 250.”

Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005). · cites it 5× “CONSTITUTIONALITY OF KRS 250.489. We decline to address this issue because it was not raised in the trial court and notice was not given to the attorney general.”

Shemwell v. Commonwealth, 294 S.W.3d 430 (Ky. 2009). · cites it 7× “is guilty of a Class D felony unless it is proven that the person violated KRS 250.489 with the intent to manufacture methamphetamine in violation of KRS 218A.”

Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). · cites it 4× “1432(1); two counts of possession of anhydrous ammonia in an unapproved container with intent to manufacture methamphetamine, KRS 250.489(1), KRS 250.991(2); two counts of possession of drug paraphernalia, KRS 218A.”

Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003). · cites it 2× “1415 (Count V); possession of anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine in violation of KRS 250.489 and KRS 250.991(2) (Count VI); possession of drug paraphernalia, second offense, in violation of KRS 218A.”

Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). · cites it 2× “We pointed out in Kotila that, under that construction, if one of the chemicals possessed by the defendant was anhydrous ammonia, evidence of the defendant's possession of anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine would prove…”

Commonwealth v. Kerr, 136 S.W.3d 783 (Ky. Ct. App. 2004). · cites it 5× “When the crime of possession of anhydrous ammonia in an unapproved container was assigned a statute number by the compiler of the statutes, it was given KRS 250.489, outside the purview of KRS 250.”

Pate v. Commonwealth, 134 S.W.3d 593 (Ky. 2004). · cites it 2× “KRS 250.489; KRS 250.991 ("Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in violation of KRS 250.”

Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002). · cites it 2× “110 (Receiving Stolen Property); KRS 154A.990(3) (Cheating or Attempting to Cheat the Lottery); KRS 434.”

Ballinger v. Commonwealth, 459 S.W.3d 349 (Ky. 2015). “In that case the defendant was convicted, among other things, of two counts each of possession of anhydrous ammonia in an unapproved container (outlawed by KRS 250.489(1)) and possession of drug paraphernalia (outlawed by KRS 218A.”

Commonwealth v. Beard, 275 S.W.3d 205 (Ky. Ct. App. 2008). · cites it 2× “991(2), which provides: Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in violation of KRS 250.489 is guilty of a Class D felony unless it is proven that the person violated KRS 250.”

Show all 13 citing cases →

— Ky. Rev. Stat. § 250.489(1) — 9 cases

Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). “233, § 7), which provides: Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in violation of KRS 250.489 is guilty of a Class D felony unless it is proven that the person violated KRS 250.”

Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005). “CONSTITUTIONALITY OF KRS 250.489. We decline to address this issue because it was not raised in the trial court and notice was not given to the attorney general.”

Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “1432(1); two counts of possession of anhydrous ammonia in an unapproved container with intent to manufacture methamphetamine, KRS 250.489(1), KRS 250.991(2); two counts of possession of drug paraphernalia, KRS 218A.”

Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). “We pointed out in Kotila that, under that construction, if one of the chemicals possessed by the defendant was anhydrous ammonia, evidence of the defendant's possession of anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine would prove…”

Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006). “) At the time these offenses were committed, KRS 250.489 and KRS 250.991 provided in pertinent part: *325 KRS 250.”

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