Page 1 of 1 218A.1437 Unlawful possession of a methamphetamine precursor -- Prima facie evidence of intent -- Penalties. (1) A person is guilty of unlawful possession of a methamphetamine precursor when he or she knowingly and unlawfully possesses a drug product or combination of drug <br>products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their <br>salts, isomers, or salts of isomers, with the intent to use the drug product or <br>combination of drug products as a precursor to manufacturing methamphetamine or <br>other controlled substance. (2) (a) Except as provided in paragraph (b) of this subsection, possession of a drug product or combination of drug products containing more than nine (9) grams <br>of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, <br>isomers, or salts of isomers, within any thirty (30) day period shall constitute <br>prima facie evidence of the intent to use the drug product or combination of <br>drug products as a precursor to methamphetamine or other controlled <br>substance. (b) The prima facie evidence referred to in paragraph (a) of this subsection shall not apply to the following persons who lawfully possess a drug product or <br>combination of drug products listed in subsection (1) of this section in the <br>course of legitimate business: <br>1. A retail distributor of drug products or wholesaler of drug products or its <br>agent; 2. A wholesale drug distributor, or its agent, issued a permit by the Board <br>of Pharmacy; 3. A pharmacist licensed by the Board of Pharmacy; 4. A pharmacy permitted by the Board of Pharmacy; 5. A licensed health care professional possessing the drug products in the <br>course of carrying out his or her profession; 6. A trained chemist working in a properly equipped research laboratory in <br>an education, government, or corporate setting; or 7. A common carrier under contract with any of the persons or entities set <br>out in subparagraphs 1. to 6. of this paragraph. (3) Unlawful possession of a methamphetamine precursor is a Class D felony for the first offense and a Class C felony for each subsequent offense. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 150, sec. 10, effective June 20, 2005. -- Created 2002 Ky. Acts ch. 170, sec. 1, effective July 15, 2002.
Page 1 of 1 218A.1437 Unlawful possession of a methamphetamine precursor -- Prima facie evidence of intent -- Penalties. (1) A person is guilty of unlawful possession of a methamphetamine precursor when he or she knowingly and unlawfully possesses a drug product or combination of drug <br>products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their <br>salts, isomers, or salts of isomers, with the intent to use the drug product or <br>combination of drug products as a precursor to manufacturing methamphetamine or <br>other controlled substance. (2) (a) Except as provided in paragraph (b) of this subsection, possession of a drug product or combination of drug products containing more than nine (9) grams <br>of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, <br>isomers, or salts of isomers, within any thirty (30) day period shall constitute <br>prima facie evidence of the intent to use the drug product or combination of <br>drug products as a precursor to methamphetamine or other controlled <br>substance. (b) The prima facie evidence referred to in paragraph (a) of this subsection shall not apply to the following persons who lawfully possess a drug product or <br>combination of drug products listed in subsection (1) of this section in the <br>course of legitimate business: <br>1. A retail distributor of drug products or wholesaler of drug products or its <br>agent; 2. A wholesale drug distributor, or its agent, issued a permit by the Board <br>of Pharmacy; 3. A pharmacist licensed by the Board of Pharmacy; 4. A pharmacy permitted by the Board of Pharmacy; 5. A licensed health care professional possessing the drug products in the <br>course of carrying out his or her profession; 6. A trained chemist working in a properly equipped research laboratory in <br>an education, government, or corporate setting; or 7. A common carrier under contract with any of the persons or entities set <br>out in subparagraphs 1. to 6. of this paragraph. (3) Unlawful possession of a methamphetamine precursor is a Class D felony for the first offense and a Class C felony for each subsequent offense. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 150, sec. 10, effective June 20, 2005. -- Created 2002 Ky. Acts ch. 170, sec. 1, effective July 15, 2002.
Page 1 of 1 218A.1437 Unlawful possession of a methamphetamine precursor -- Prima facie evidence of intent -- Penalties. (1) A person is guilty of unlawful possession of a methamphetamine precursor when he or she knowingly and unlawfully possesses a drug product or combination of drug <br>products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their <br>salts, isomers, or salts of isomers, with the intent to use the drug product or <br>combination of drug products as a precursor to manufacturing methamphetamine or <br>other controlled substance. (2) (a) Except as provided in paragraph (b) of this subsection, possession of a drug product or combination of drug products containing more than nine (9) grams <br>of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, <br>isomers, or salts of isomers, within any thirty (30) day period shall constitute <br>prima facie evidence of the intent to use the drug product or combination of <br>drug products as a precursor to methamphetamine or other controlled <br>substance. (b) The prima facie evidence referred to in paragraph (a) of this subsection shall not apply to the following persons who lawfully possess a drug product or <br>combination of drug products listed in subsection (1) of this section in the <br>course of legitimate business: <br>1. A retail distributor of drug products or wholesaler of drug products or its <br>agent; 2. A wholesale drug distributor, or its agent, issued a permit by the Board <br>of Pharmacy; 3. A pharmacist licensed by the Board of Pharmacy; 4. A pharmacy permitted by the Board of Pharmacy; 5. A licensed health care professional possessing the drug products in the <br>course of carrying out his or her profession; 6. A trained chemist working in a properly equipped research laboratory in <br>an education, government, or corporate setting; or 7. A common carrier under contract with any of the persons or entities set <br>out in subparagraphs 1. to 6. of this paragraph. (3) Unlawful possession of a methamphetamine precursor is a Class D felony for the first offense and a Class C felony for each subsequent offense. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 150, sec. 10, effective June 20, 2005. -- Created 2002 Ky. Acts ch. 170, sec. 1, effective July 15, 2002.
