(1) Except as provided in KRS 250.489 or 250.4892, any person who violates any
provision of KRS 250.482 to 250.488 shall be fined not more than five hundred
dollars ($500).
(2) 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 250.489 with the intent to
manufacture methamphetamine in violation of KRS 218A.1432, in which case it is
a Class B felony for the first offense and a Class A felony for each subsequent
offense.
(3) A violation of KRS 250.4892 is a Class D felony unless it is proven that the person
violated KRS 250.4892 with the intent to manufacture methamphetamine in
violation of KRS 218A.1432, in which case it is a Class B felony for the first
offense and a Class A felony for each subsequent offense.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 233, sec. 7, effective July 14, 2000. -- Created
1958 Ky. Acts ch. 62, sec. 5, effective June 19, 1958.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 2003–2024 · leading case:
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
· cites it 14× “) It also enacted KRS 250.991(2) (2000 Ky. Acts, ch. 233, § 7), which provides: Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in violation of KRS 250.”
Parks v. Commonwealth, 192 S.W.3d 318 (Ky. 2006).
· cites it 10× “489 and KRS 250.991 provided in pertinent part: *325 KRS 250.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004).
· cites it 8× “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× “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× “489(1) and KRS 250.991(2), and manufacturing methamphetamine under KRS 218A.”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
· cites it 2× “489(1); KRS 250.991(2). Each of the convictions for manufacturing methamphetamine was "firearm enhanced" to a Class A felony.”
Shemwell v. Commonwealth, 294 S.W.3d 430 (Ky. 2009).
· cites it 4× “Appellant also briefly argues that we should review KRS 250.991 and KRS 218A.1432 to determine if the statutes are ambiguous.”
Pate v. Commonwealth, 134 S.W.3d 593 (Ky. 2004).
“489; KRS 250.991 ("Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in violation of KRS 250.”
Ballinger v. Commonwealth, 459 S.W.3d 349 (Ky. 2015).
· cites it 2× “Fulcher was not a DUI case, but in the course of construing the penalty provisions of KRS 250.991(2), a statute pertaining to the possession of anhydrous ammonia, this Court remarked in a footnote that KRS 189A.”
Commonwealth v. Beard, 275 S.W.3d 205 (Ky. Ct. App. 2008).
“In Fulcher , a defendant was charged with multiple methamphetamine-related offenses and faced “subsequent offender” penalty enhancements pursuant to KRS 250.991(2), which provides: Any person who knowingly possesses anhydrous ammonia in a container other than an approved…”
— Ky. Rev. Stat. § 250.991(2) — 10 cases
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
“) It also enacted KRS 250.991(2) (2000 Ky. Acts, ch. 233, § 7), which provides: Any person who knowingly possesses anhydrous ammonia in a container other than an approved container in violation of KRS 250.”
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004).
“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).
“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).
“489(1) and KRS 250.991(2), and manufacturing methamphetamine under KRS 218A.”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
“489(1); KRS 250.991(2). Each of the convictions for manufacturing methamphetamine was "firearm enhanced" to a Class A felony.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.