Kentucky Supreme Court
Commonwealth of Kentucky v. Frank D. Hamilton and Heather Cole
October 24, 20132013 Ky. LEXIS 462
Summary
The court held that the trial court had subject matter jurisdiction to review whether the Cabinet properly adopted the federal classification of buprenorphine as a Schedule III controlled substance. The trial court may take judicial notice of the federal regulation and determine whether the adopted findings satisfy Kentucky law, while allowing the defendants to present evidence challenging those findings. The court also held that neither the Attorney General nor the Cabinet was a necessary party, reversed the Court of Appeals, and remanded for further proceedings.