(a)   No person shall 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;

(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; or

(4)   Anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas Department of Agriculture.

(b)   Violation of subsection (a)(1) or (a)(2) is a class A non-person misdemeanor.

(c)   Violation of subsection (a)(3), other than as described in paragraph (d), or subsection (a)(4) is a drug severity level 4 felony.

(d)   Violation of subsection (a)(3) which involves the possession of drug paraphernalia for the planting, propagation, growing or harvesting of less than five marijuana plants is a class A non-person misdemeanor.

(K.S.A. 65-4152; Prior Code 10-1601; Ord. 771; Code 2023)

(a)   Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess or have under such person’s control:

(1)   Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto:

(2)   Any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

(3)   Any hallucinogenic drug designated in subsection (d) of K.S.A. 65-4105 and amendments thereto or designated in subsection (g) of K.S.A. 65-4107 and amendments thereto or designated in subsection (g) of K.S.A. 4109 and amendments thereto;

(4)   Any substance designated in subsection (g) of K.S.A. 4105, and amendments thereto, and designated in subsection (c), (d), (e), (f), or (g) of K.S.A. 65-4111 and amendments thereto; or

(5)   Any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto.

Except as otherwise provided, any person who violates this subsection shall be guilty of a class A non-person misdemeanor. If any person has a prior conviction under this section, a conviction for a substantially similar offense from another jurisdiction or a conviction of a violation of an ordinance of any city or resolution of any county for a substantially similar offense if the substance involved was marijuana or tetrahydrocannabinol as designated in subsection (d) of K.S.A. 65-4105 and amendments thereto then such person shall be guilty of a drug severity level 4 felony.

(K.S.A. 65-4152; Prior Code 10-1602; Ord. 771; Code 2023)