KRS 218A.282: Trafficking in Drug Paraphernalia

What Is KRS 218A.282?

KRS 218A.282 makes it a felony in Kentucky to traffic in drug paraphernalia. Unlike simple possession of paraphernalia, trafficking charges target those who sell, manufacture, or deliver paraphernalia. This statute affects head shops, online sellers, and individuals in Lexington, Louisville, and across Kentucky.

What the Statute Prohibits

It is unlawful to knowingly sell, manufacture, deliver, or possess with intent to sell items intended for use with controlled substances.

Penalties Under KRS 218A.282

1st Offense: Class A misdemeanor — up to 12 months in jail
2nd or Subsequent Offense: Class D felony — 1 to 5 years in prison
Sale to a minor: Class D felony regardless of prior offenses

Common Scenarios

Operating a smoke shop without proper precautions
Online sales of glass pipes or bongs
Selling scales used for drug measurements
Distributing items at a music festival

Defenses to KRS 218A.282

Items were marketed only for legal uses (such as tobacco)
Lack of intent to sell for drug use
Challenging the search and seizure
Disputing the prosecution’s evidence of intent

Clark + Harris Defends Drug Crimes

If you’ve been charged with paraphernalia trafficking, your business and freedom are at stake. Call 859-474-0001 — 24/7. Lexington and Louisville.

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.

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