2006 Kansas Code - 65-4152

      65-4152.   Simulated controlled substances and drug paraphernalia; use or possession prohibited; penalties. (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 nonperson 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 nonperson misdemeanor.

      (e)   For persons arrested and charged under paragraph (a)(4), bail shall be at least $50,000 cash or surety, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.

      History:   L. 1981, ch. 140, § 3; L. 1996, ch. 257, § 3; L. 1999, ch. 170, § 4; L. 2002, ch. 155, § 3; L. 2005, ch. 153, § 5; Apr. 21.