902 KAR 55:075. Sale of seized and forfeited controlled substances.


      RELATES TO: KRS Chapter 218A

      STATUTORY AUTHORITY: KRS 194.050, 218A.250, 218A.420(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.420(2)  directs the Cabinet for Human Resources to promulgate administrative regulations to determine a proper buyer for controlled substances which are seized and forfeited under this chapter. The purpose of this administrative regulation is to prevent the sale of controlled substances that may be adulterated or misbranded.


      Section 1. Sale of Seized and Forfeited Controlled Substances. A person shall not sell or purchase controlled substances which have been seized and forfeited under KRS Chapter 218A unless, prior to the sale:

      (1) A written request for permission to sell or purchase such controlled substances is made to the Cabinet for Human Resources, Drug Control Branch; and

      (2) The controlled substances are inspected by a pharmacist of the Cabinet for Human Resources, Drug Control Branch; and

      (3) If a pharmacist of the Cabinet for Human Resources, Drug Control Branch, has made a written determination that tests or assays are necessary in order to determine whether the controlled substances have been adulterated or misbranded under the provisions of KRS 217.055 and 217.065, the person who submitted the request:

      (a) Has had such tests or assays performed at his expense;

      (b) Certified and submitted the results of such tests or assays to the pharmacist; and

      (c) Has taken action required by the pharmacist after his review of the results of tests or assays that have been certified and submitted; and

      (4) The person who submitted the request specifies the buyer and certifies that the buyer is:

      (a) Licensed under the provisions of applicable statutes of the Commonwealth of Kentucky to perform the following acts related to controlled substances:

      1. Administer;

      2. Conduct chemical analysis;

      3. Conduct research;

      4. Dispense;

      5. Distribute;

      6. Manufacture;

      7. Prescribe; or

      8. Repackage; and

      (b) Registered with the Drug Enforcement Administration, U.S. Department of Justice; and

      (5) Permission is granted, in writing, by the Cabinet for Human Resources. (17 Ky.R. 3606; Am. 18 Ky.R. 703; eff. 8-21-91.)