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Kentucky Laws and Programs

Recent findings from the National Survey of Drug Use and Health show increasing rates of drug abuse and dependence in Kentucky. The U.S. Drug Enforcement Administration currently considers the following drugs as significant threats in the state: marijuana, methamphetamine, cocaine, and diverted prescription drugs.

Kentucky is ranked second nationally in total domestic marijuana production, most of which is grown in the rugged Appalachian region of the state. This region, located in the southeastern part of Kentucky, is also known for diverted prescription drugs.

Prescription opioid abuse has been of particular concern for law enforcement officials and healthcare providers. Per capita, select eastern Kentucky counties lead the nation in prescription opioid distribution. Additionally, recent trends involve residents of eastern Kentucky traveling as far as Florida to procure prescription drugs. Efforts to address these developments include increased collaboration among state and federal law enforcement officials, including the development of the Appalachian High Intensity Drug Trafficking Area. Methamphetamine abuse continues to be a concern in Kentucky; over 600 labs were dismantled in 2009, the largest number to date.

In the early 1970s, Kentucky adopted a highpenalty approach to the sentencing of repeat drug offenders. Sentences for first-time offenders were considered moderate in comparison with other states during this period; however, the harsher sentencing structure for repeat offenders, referred to as two-strikes laws, were part of a growing national sentiment that was soon to be labeled the “War on Drugs.” This approach to sentencing remains largely unchanged over the past 40 years. However, given the dramatic increase in incarceration rates and its associated costs, as well as the advent and success of drug courts, there appears to be a growing movement to emphasize nonpunitive responses.

Programs and Treatment

The state of Kentucky has a unique history of progressive programs and policies to prevent and treat drug abuse. In 1935 the U.S. Narcotic Farm, the federal government's first drug treatment center, was opened in Lexington. Individuals who were drug dependent came from across the country to participate in one of the first large-scale efforts to promote rehabilitation.

Several other innovative programs have been developed in Kentucky. The state was an early adopter of the now common electronic prescription monitoring program. The Kentucky All Schedule Prescription Electronic Reporting (KASPER) program was developed to monitor the dispensing of controlled substance prescriptions written within the state. While the program was found to be successful in reducing investigation times and “doctor shopping” (i.e., the practice of visiting multiple medical providers in pursuit of drugs) within the state, abusers commonly travel to other states to procure prescriptions.

Following the success of KASPER, Kentucky implemented a similar electronic monitoring program specifically focused on pseudoephedrine. Pseudoephedrine is a nasal decongestant that also serves as the primary ingredient of methamphetamine. The online program, called MethCheck, is available to all pharmacies and law enforcement agents through a secure Website.

Another program developed to address prescription drug diversion and abuse is Operation UNITE (Unlawful Narcotics Investigations, Treatment and Education). This program, conceptualized by U.S. Congressman Harold “Hal” Rogers and funded largely through the U.S. Department of Justice, began in 2003 and serves 29 counties in eastern Kentucky. Operation UNITE's primary foci include investigations, treatment, and drug education. In an effort to bolster local involvement in the program, Operation UNITE conducts town hall meetings and has successfully facilitated the establishment of local coalitions in 30 communities.

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