CHAPTER XVII. PUBLIC OFFENSESCHAPTER XVII. PUBLIC OFFENSES\ARTICLE 3. DRUG PARAPHERNALIA AND SIMULATED CONTROLLED SUBSTANCES

As used in this article, the following terms shall have the following meanings:

(a)   “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, mannite, 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 marihuana.

(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.

(12) Objects used or intended for use in ingesting, inhaling or otherwise introducing marihuana, 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)  Carburetion tubes and devices;

(D)  Smoking and carburetion masks;

(E)   Roach clips (objects used to hold burning material, such as a marihuana 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)  Icepipes or chillers.

(b)   “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.

(c)   “Controlled Substance” means any drug, substance or immediate precursor indicated in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65- 4111 and 65-4113, and amendments thereto.

(Ord. 4056-92, Sec. 1)

(a)   It shall be unlawful for any person to use or possess with intent to use:

(1)   Any simulated controlled substance;

(2)   Any drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used 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, K.S.A. 65-4101, et seq., and amendments thereto.

(b)   It shall be unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within the city any drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to use, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of K.S.A. 65-4162 and amendments thereto; provided, however, that persons violating this subsection (b) by delivering or causing to be delivered drug paraphernalia to a person under 18 years of age shall not be charged under this subsection (b) but shall be referred for prosecution as a felony under the laws of the State of Kansas.

(c)   It shall be unlawful for any person to knowingly deliver or cause to be delivered in the city 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, the establishment of anyone of the following factors creating 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:

(A)  The substance was packaged in a manner normally used for the illegal deliver of controlled substances;

(B)  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; or

(C)  The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.

(3)   The provisions of subsections (c)(1) and (c)(2) notwithstanding, a person violating this subsection (c) by delivering or causing to be delivered a substance to another person under 18 years of age, and who is at least 3 years older than such person under 18 years of age, shall not be charged under this subsection (c) but shall be referred for prosecution as a felony under the laws of the State of Kansas.

(d)   Except as authorized by the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto, 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.

(e)   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.

(f)   Any person who shall be convicted of violating any provisions of this section shall be punished by a fine not exceeding $2,500, or by confinement in the county jail for a period not exceeding one year, or by both such fine and confinement. The minimum mandatory fine for this offense shall be $250.

(Ord. 4056-92; Ord. 4392-01; Ord. 4854-14)

In determining whether an object is drug paraphernalia, a court or other authority 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 a 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. 4056-91, Sec. 1)