KRS 218A.320: Maintaining a Common Nuisance (Drug House)

What Is KRS 218A.320?

KRS 218A.320 targets people who maintain places — homes, businesses, or other locations — used for drug activity. Often called the “drug house” or “common nuisance” statute, this law allows prosecutors to charge property owners and tenants who allow drug use or sales on their premises in Lexington, Louisville, and across Kentucky.

What the Statute Prohibits

It is unlawful to knowingly keep or maintain any place used for:

Selling controlled substances
Manufacturing controlled substances
Storing controlled substances for distribution
Using controlled substances

Penalties Under KRS 218A.320

Class A misdemeanor: Up to 12 months in jail
Possible felony enhancement
Possible civil forfeiture of property

Common Scenarios

Homeowners letting friends use drugs in their home
Tenants of apartments where drugs are sold
Property owners renting to known drug dealers
Hotel/motel owners allowing repeated drug activity

The “Knowingly” Requirement

Prosecutors must prove the defendant knew about the drug activity. Mere ownership of property isn’t enough — there must be knowledge and acquiescence.

Defenses Available

Lack of knowledge of drug activity
Reasonable steps taken to stop the activity
Property wasn’t actually used for drug activity
Disputing the “common nuisance” characterization

Civil Forfeiture Risk

Beyond criminal penalties, properties used for drug activities can be subject to civil forfeiture — meaning the government can take the property even without a criminal conviction.

Clark + Harris Defends Property Owners

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

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