Chapter 9.50
POSSESSION OF CONTROLLED SUBSTANCES

Sections:

9.50.010    Definitions.

9.50.020    Controlled substances prohibited.

9.50.030    Controlled substances analogs prohibited.

9.50.040    Simulated controlled substances and drug paraphernalia – Use or possession prohibited.

9.50.050    Simulated controlled substances and drug paraphernalia – Prohibited acts.

9.50.060    Factors for determining what constitutes drug paraphernalia.

9.50.070    Representation that noncontrolled substance is a controlled substance.

9.50.080    Penalties.

9.50.010 Definitions.

Words and phrases used in this chapter shall have the same meaning as their corresponding definitions set forth in K.S.A. 21-5701, and amendments thereto. (Ord. 19653 § 1, 10-11-11.)

9.50.020 Controlled substances prohibited.

Except as authorized by the Kansas Uniform Controlled Substances Act, K.S.A. 21-5705 and 21-5706, and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control, prescribe, administer, deliver, distribute, dispense, compound, sell, offer for sale or have in such person’s possession with intent to sell, deliver or distribute, any controlled substance, provided the Kansas Uniform Controlled Substances Act classifies the offense as a misdemeanor. (Ord. 19653 § 2, 10-11-11.)

9.50.030 Controlled substances analogs prohibited.

Except as authorized by the Kansas Uniform Controlled Substances Act, K.S.A. 21-5701 and 21-5705, and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control, prescribe, administer, deliver, distribute, dispense, compound, sell, offer for sale or have in such person’s possession with intent to sell, deliver or distribute, any controlled substance analog, provided the Kansas Uniform Controlled Substances Act classifies the offense as a misdemeanor. (Ord. 19653 § 3, 10-11-11.)

9.50.040 Simulated controlled substances and drug paraphernalia – Use or possession prohibited.

(a) It shall be unlawful for any person to use or possess with intent to use:

(1) Any simulated controlled substance;

(2) Any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act; or

(3) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance in violation of the Uniform Controlled Substances Act.

(b) The provisions of subsection (a) of this section shall apply only if the offense is classified as a misdemeanor by K.S.A. 21-5709, and amendments thereto. (Ord. 19653 § 4, 10-11-11.)

9.50.050 Simulated controlled substances and drug paraphernalia – Prohibited acts.

(a) It shall be unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered:

(1) Any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 21-5706, and amendments thereto;

(2) Any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act, except K.S.A. 21-5706, and amendments thereto; or

(3) Any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance in violation of the Uniform Controlled Substances Act.

(b) The provisions of subsection (a) of this section shall apply only if K.S.A. 21-5710 and 21-5713, and amendments thereto, classify the offense as a misdemeanor. (Ord. 19653 § 5, 10-11-11.)

9.50.060 Factors for determining what constitutes drug paraphernalia.

In determining whether an object is drug paraphernalia, the court shall consider the factors set forth in K.S.A. 21-5711, and amendments thereto, in addition to any other logically relevant factors. (Ord. 19653 § 6, 10-11-11.)

9.50.070 Representation that noncontrolled substance is a controlled substance.

(a) It shall be unlawful for any person to knowingly deliver or cause to be delivered any substance which is not a controlled substance:

(1) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or

(2) Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.

(b) If any one of the following factors is established, there shall be a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:

(1) The substance was packaged in a manner normally used for the illegal delivery of controlled substances.

(2) The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance.

(3) The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.

(c) The provisions of subsection (a) of this section shall apply only if K.S.A. 21-5714, and amendments thereto, classify the offense as a misdemeanor. (Ord. 19653 § 7, 10-11-11.)

9.50.080 Penalties.

Any person who violates any of the provisions of TMC 9.50.010 through 9.50.070 within the corporate limits of the city shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $2,500, or by imprisonment not to exceed one year, or both such fine and imprisonment. (Ord. 18136 § 9, 12-2-03. Code 1995 § 54-207.)