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138.870 Definitions for KRS 138.870 to 138.889.

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Page 1 of 1 138.870 Definitions for KRS 138.870 to 138.889. As used in KRS 138.870 to 138.889, unless the context requires otherwise: <br>(1) &quot;Marijuana&quot; means marijuana, whether real or counterfeit, as defined in KRS 218A.010. (2) &quot;Controlled substance&quot; means any controlled substance, whether real or counterfeit, as defined in KRS 218A.010 or any regulation promulgated thereunder, except that <br>it shall not include marijuana. (3) &quot;Offender&quot; means a person who engages in this state in a taxable activity as defined in subsection (4) of this section. (4) &quot;Taxable activity&quot; means producing, cultivating, manufacturing, importing, transporting, distributing, acquiring, purchasing, storing, selling, using, or otherwise <br>possessing, in violation of KRS Chapter 218A, more than five (5) marijuana plants <br>with foliation, 42.5 grams of marijuana which has been detached from the plant on <br>which it grew, seven (7) grams of any controlled substance, or fifty (50) or more <br>dosage units of any controlled substance which is not sold by weight. The weight or <br>dosage units in this subsection shall include the weight of marijuana or the weight <br>or dosage units of the controlled substance, whether pure, impure, or diluted. A <br>quantity of a controlled substance is diluted if it consists of a detectable quantity of <br>a pure controlled substance and any excipients or fillers. (5) &quot;Dosage unit&quot; means a tablet, capsule, vial, or ampule of a controlled substance or, in cases of mass volume or diluted quantities, the proper dose or quantity of a <br>controlled substance to be taken all at one (1) time or in fractional amounts within a <br>given period, as defined and adopted by the United States Pharmacopeia. (6) &quot;Possessing&quot; includes either actual possession or constructive possession, or a combination of both actual and constructive possession. Mere possession or <br>ownership of real estate or an interest therein does not establish constructive <br>possession. Effective: June 21, 2001 <br>History: Amended 2001 Ky. Acts ch. 155, sec. 1, effective June 21, 2001. -- Created 1994 Ky. Acts ch. 315, sec. 1, effective July 15, 1994.