2006 Kansas Code - 65-4164

      65-4164.   Unlawful acts relating to certain narcotic drugs; penalties. (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess, 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 designated in K.S.A. 65-4113 and amendments thereto. Any person who violates this subsection shall be guilty of a class A nonperson misdemeanor, except that such person shall be guilty of a drug severity level 4 felony if the substance was prescribed for or administered, delivered, distributed, dispensed, sold, offered for sale or possessed with intent to sell to a child under 18 years of age.

      (b)   It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

      (c)   For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

      (d)   The provisions of this section shall be part of and supplemental to the uniform controlled substances act.

      History:   L. 1994, ch. 291, § 89; L. 1994, ch. 338, § 5; July 1.