‘The’ requires all.

Whether a conviction under this statute requires possession of all (as opposed to any) of the chemicals or equipment necessary to manufacture [**24] methamphetamine under some manufacturing process is a matter of statutory construction. First, we examine the language of the statute, itself. United States v. Health Possibilities, P.S.C., 207 F.3d 335, 338-39 (6th Cir. 2000) HN9 ("The starting point in a statutory interpretation case is the language of the statute itself."). Obviously, the multiple manufacturing methods and the availability of a broad range of readily available chemicals and equipment necessary for each manufacturing process militates against itemizing within the statute all of the possible chemical and equipment combinations by which methamphetamine could be manufactured. Nevertheless, KRS 218A.1432(1)(b) does not read "[p]ossesses chemicals or equipment," or "[p]ossesses some of the chemicals or equipment," or "[p]ossesses any of the chemicals or equipment." It reads "[p]ossesses the chemicals or equipment for the manufacture of methamphetamine." The presence of the article "the" is significant because, grammatically speaking, possession of some but not all of the chemicals or equipment does not satisfy the statutory language.

FN 10

In the context of statutory construction, "the" is used as a function word before a plural noun denoting a group to indicate reference to the group as a whole. In decisions spanning three different centuries, the appellate courts of Kentucky have found use of the word "the" to have a significant effect upon meaning. Courts are directed by the general assembly to construe Kentucky statutes according to the common and approved usage of language. Ky. Rev. Stat. Ann. § 446.080(4). More like this Headnote

End FN 10

"The" is "[u]sed as [**25] a function word before a plural noun denoting a group to indicate reference to the group as a whole." Webster's Third New International Dictionary 2369 (1993). In decisions spanning three different centuries, the appellate courts of this Commonwealth have found use of the word "the" to have a significant effect upon meaning. See Revenue Cabinet v. Hubbard, Ky., 37 S.W.3d 717, 719-20 (2000) ("[U]se of the definite article 'the' indicates that the statute refers to the entire body and not to discrete parts or components. . . ."); Cardwell v. Haycraft, Ky., 268 S.W.2d 916, 918 (1954) (the trial court's contributory negligence instruction was erroneous in that it contained the definite article "the" before the words "proximate cause" and "such language indicates that 'the sole' rather than 'a contributing' cause was meant."); Schardein v. Harrison, 230 Ky. 1, 18 S.W.2d 316, 319 (1929) ("[I]f the makers of the Constitution had intended to qualify the word 'office' [in Ky. Const. § 161] they would have inserted the definite article 'the' before 'office.'") (quotation omitted); Sheriff of Fayette v. Buckner, 11 Ky. (1 Litt.) 126, 128 (1822) [**26] (holding that legislative act referencing "the clerk of the court" intended a particular clerk of court referenced elsewhere in the legislation). For similar interpretations by other jurisdictions, see, e.g., State Farm Fire & Cas. Co. v. Old Republic Ins. Co., 466 Mich. 142, 644 N.W.2d 715, 718 (Mich. 2002); Patricca v. Zoning Bd. of Adjustment, 527 Pa. 267, 590 A.2d 744, 751 (Pa. 1991); McClanahan v. Woodward Constr. Co., 77 Wyo. 362, 316 P.2d 337, 341-42 (Wyo. 1957); Williams v. McComb, 38 NC. (3 Ired. Eq.) 450 (1844) ("[G]rammatically speaking, 'The,' is a definite article before nouns, which are specific or understood, and is used to limit or determine their extent."). We are directed by the General Assembly to construe our statutes "according to the common and approved usage of language." KRS 446.080(4). Following that directive,

FN 11

The Kentucky Supreme Court construes the phrase "the chemicals or equipment" as used in Ky. Rev. Stat. Ann. § Ky. Rev. Stat. § 218A.1432(1)(b) to mean all of the chemicals or all of the equipment necessary to manufacture methamphetamine. More like this Headnote

End FN 11

we construe "the chemicals or equipment" to mean all of the chemicals or all of the equipment necessary to manufacture methamphetamine.