Kentucky Revised Statutes Title XVIII. Public Health § 218A.020.Cabinet for Health and Family Services to administer chapter; control of substances rescheduled under federal law; Office of Drug Control Policy may request scheduling of substances meeting criteria

(1) The Cabinet for Health and Family Services shall administer this chapter and may by administrative regulation add substances to or delete or reschedule all substances enumerated in the schedules authorized under this chapter. In making a determination regarding a substance, the Cabinet for Health and Family Services may consider the following:

(2) After considering the factors enumerated in subsection (1) of this section, the Cabinet for Health and Family Services may adopt a regulation controlling the substance if it finds the substance has a potential for abuse.

(4) The Cabinet for Health and Family Services shall exclude any nonnarcotic substance from a schedule if the substance may be lawfully sold over the counter without prescription under the provisions of the Federal Food, Drug and Cosmetic Act, or the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, or the Kentucky Revised Statutes (for the purposes of this section the Kentucky Revised Statutes shall not include any regulations issued thereunder).

(5) The Office of Drug Control Policy may request that the Cabinet for Health and Family Services schedule any substance that would meet the criteria to be scheduled pursuant to this Chapter. The cabinet shall consider the request utilizing the criteria established by this section and shall issue a written response within sixty (60) days of the scheduling request delineating the cabinet's decision to schedule or not schedule the substance and the basis for the cabinet's decision. The cabinet's response shall be provided to the Legislative Research Commission and shall be a public record.