KRS 218A.040: Schedule III Controlled Substances in Kentucky

What Is KRS 218A.040?

KRS 218A.040 establishes Kentucky’s Schedule III controlled substances — drugs with moderate abuse potential. Schedule III includes many commonly prescribed medications. People in Lexington and Louisville face charges involving these substances when prescriptions aren’t valid.

Common Schedule III Substances

Buprenorphine (Suboxone)
Anabolic steroids
Ketamine
Codeine combinations (Tylenol with Codeine)
Some testosterone preparations

Penalties for Schedule III Offenses

Possession: Class A misdemeanor (under second-degree possession)
Trafficking: Class D felony for first offense
Subsequent offenses enhanced

Steroid Cases

Many Schedule III cases involve anabolic steroids commonly used by:

Bodybuilders
Athletes
Fitness enthusiasts

These cases can have unique defense strategies.

Suboxone Cases

Buprenorphine (Suboxone) is used to treat opioid use disorder. Cases often involve:

Patients in legitimate treatment
Diversion from medication-assisted treatment programs
Borrowed medications

Defenses Available

Valid prescription
Personal medical use
Diversion or treatment alternatives
Challenging the search

Clark + Harris Defends Schedule III Cases

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: