The habit forming and dangerous drugs subject to the provisions of this article are:

(a)   Barbituric acid or any of its derivatives, commonly called barbiturates, or any compound or mixture of them, except mixtures with other drugs in such proportions that the mixture cannot produce the hypnotic action of the barbiturates;

(b)   Paraldehyde;

(c)   Chloral hydrate, except in mixtures in which the proportions are such that the mixture cannot produce the hypnotic action of chloral hydrate;

(d)   Amphetamine and any of its derivatives, except mixtures in which the proportions are such that the stimulating action of amphetamine cannot be produced by use of the mixture.

(Code 1988; Code 1996, 13-401; Code 2019)

No person within the city shall possess, offer for sale, sell, prepare for use or give to any other person, any of the drugs described in section 13-401, except as provided in this article.

(Code 1988; Code 1996, 13-402; Code 2019)

The manufacture, sale, keeping for sale, dispensing or prescribing of drugs listed in section 13-401 shall be limited to duly licensed doctors of medicine, dentists, veterinarians, and pharmacists who may possess and sell the drugs in the property and legal courses of the practice of their professions. However, it shall not be unlawful to possess for the purposes of medication drugs listed in section 13-401 which have been dispensed by a duly licensed doctor of medicine, dentist or veterinarian, or which have been dispensed by a duly licensed doctor of medicine, dentist, or veterinarian. This section shall not apply to common carriers or warehousemen engaged in lawfully transporting or storing such drugs as are listed in section 13-401, or to any employee of such common carriers or warehousemen within the scope of his or her employment, or to public officers or employees in the performance of official duties requiring possession or control of such drugs or to persons aiding such officers or employees in the performance of such duties. Nothing contained in this section shall be construed as prohibiting a hospital licensed by the state board of health from keeping such drugs and supplying such drugs to its patients on the prescription or order of a duly licensed doctor of medicine or dentist.

(K.S.A. 65-4116; Code 1988; Code 1996, 13-403; Code 2019)

It shall be unlawful for any person to plant, cultivate, protect, harvest, cure, prepare, barter, sell, give away or use, or offer to sell, furnish or give away, or to have in his or her possession peyote (pellote), botanically known as Lophophora williamsii; or Agave americana, commonly known as mescal button; or Cannabis indica, Cannabis sativa, commonly called Indian hemp (Marijuana); or any drug or preparation made from any species or variety of the botanical genus Cannabis; or any compound, derivative or preparation of the above-mentioned plants.

(K.S.A. 65-4127a; 65-4127b; Code 1988; Code 1996, 13-404; Code 2019)

No person shall use or possess with intent to use:

(a)   Any simulated controlled substance; or

(b)   Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, 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. 65-4152; Code 1988; Code 1996, 13-405; Code 2019)

No person shall deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within this state:

(a)   Any simulated controlled substance; or

(b)   Any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, 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. 65-4153; Code 1988; Code 1996, 13-406; Code 2019)

(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.

(K.S.A. 65-4155; Code 1988; Code 1996, 13-407; Code 2019)

(a)   All drug paraphernalia and simulated controlled substances are subject to forfeiture as provided in this section.

(b)   Property subject to forfeiture under this section may be seized by any law enforcement officer upon process issued by any district court having jurisdiction over the property.

(c)   In the event of seizure pursuant to subsection (b), proceedings under subsection (d) shall be instituted promptly.

(d)   Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement agency seizing it, subject only to the orders of the district court having jurisdiction over the forfeiture proceedings. When property is seized under this section, the law enforcement agency seizing it may:

(1)   Place the property under seal;

(2)   Remove the property to a place designated by it; or

(3)   Require the state board of pharmacy to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(e)   When property is forfeited under this section the law enforcement agency having custody of it may:

(1)   Retain it for official use;

(2)   Sell that which is not required to be destroyed by law and which is not harmful to the public, with the proceeds to be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs;

(3)   Transfer it for medical or scientific use to any state agency;

(4)   Require the sheriff of the county in which the property is located to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or

(5)   Forward it to the Kansas Bureau of Investigation for disposition.

(K.S.A 65-4156; Code 1988; Code 1996, 13-408; Code 2019)