2006 Kansas Code - 65-4155

      65-4155.   Representation that noncontrolled substance is controlled substance; prohibitions; penalties. (a) No person shall knowingly deliver or cause to be delivered in this state 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)   Except as provided in subsection (d), violation of this section is a class A nonperson misdemeanor.

      (d)   Any person 18 or more years of age who violates this section by delivering or causing to be delivered in this state a substance to a person under 18 years of age and who is at least three years older than the person under 18 years of age to whom the delivery is made is guilty of a nondrug severity level 9, nonperson felony.

      History:   L. 1981, ch. 140, § 6; L. 1993, ch. 291, § 238; July 1.