Chapter 9.30
DRUG PARAPHERNALIA
Sections:
9.30.02 Determination of what is “drug paraphernalia” – Factors to consider.
9.30.03 Simulated controlled substances and drug paraphernalia – Use or possession prohibited.
9.30.01 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:
“Controlled substance” means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
“Deliver” or “delivery” means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.
“Drug paraphernalia” means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act. “Drug paraphernalia” shall include, but is not limited to:
(1) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(3) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used or intended for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, dextrose and lactose, which are used or intended for use in cutting controlled substances;
(7) Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana;
(8) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances;
(10) Containers and other objects used or intended for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body; or
(12) Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(B) Water pipes;
(C) Carburation tubes and devices;
(D) Smoking and carburation masks;
(E) Roach clips (objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand);
(F) Miniature cocaine spoons and cocaine vials;
(G) Chamber pipes;
(H) Carburetor pipes;
(I) Electric pipes;
(J) Air-driven pipes;
(K) Chillums;
(L) Bongs; and
(M) Ice pipes or chillers.
“Persons” means any individual, corporation, government or government subdivision or agency, business trust estate, trust, partnership, association or other legal entity.
“Simulated controlled substance” means any product which identifies itself by a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance. (Ord. 779 § 1)
9.30.02 Determination of what is “drug paraphernalia” – Factors to consider.
In determining whether an object is drug paraphernalia, the municipal court shall consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or person in control of the object concerning its use.
(b) Prior convictions, if any, of an owner or person in control of the object, under any state or federal law relating to any controlled substance.
(c) The proximity of the object, in time and space, to direct violation of the Uniform Controlled Substances Act.
(d) The proximity of the object to controlled substances.
(e) The existence of any residue of controlled substances on the object.
(f) Direct or circumstantial evidence of the intent of an owner or person in control of the object to deliver it to a person the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.
(g) Oral or written instructions provided with the object concerning its use.
(h) Descriptive materials accompanying the object which explain or depict its use.
(i) National and local advertising concerning the object’s use.
(j) The manner in which the object is displayed for sale.
(k) Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community such as a distributor or dealer of tobacco products.
(l) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(m) The existence and scope of legitimate uses for the object in the community.
(n) Expert testimony concerning the object’s use. (Ord. 779 § 2)
9.30.03 Simulated controlled substances and drug paraphernalia – Use or possession prohibited.
No person shall use or possess with intent to use:
(a) Any simulated controlled substance;
(b) 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;
(c) 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; or
(d) Anhydrous ammonia for the illegal production of a controlled substance in a container not approved for that chemical by the Kansas Department of Agriculture. (Ord. 779 § 3)
9.30.04 Penalties.
Any person who violates this chapter shall be guilty of a Class A misdemeanor and shall upon conviction be punished by a fine of not to exceed $2,500 or by confinement in jail for a definite term not exceeding one year, or by both such fine and confinement. (Ord. 779 § 4)