Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 36a: Crimes Involving Controlled Substances

Statute 21-36a09: Unlawful possession of certain drug precursors and drug paraphernalia. (a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with an intent to use the product to manufacture a controlled substance.

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

      (1)   Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or

      (2)   store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.

      (c)   It shall be unlawful for any person to use or possess with intent to use anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture.

      (d)   It shall be unlawful for any person to purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than nine grams of pseudoephedrine base or ephedrine base within any 30-day period.

      (e) (1)   Violation of subsection (a) is a drug severity level 2 felony;

      (2)   violation of subsection (b)(1) is a drug severity level 4 felony, except that violation of subsection (b)(1) is a class A nonperson misdemeanor if the drug paraphernalia was used to cultivate fewer than five marijuana plants;

      (3)   violation of subsection (b)(2) is a class A nonperson misdemeanor;

      (4)   violation of subsection (c) is a drug severity level 4 felony;

      (5)   violation of subsection (d) is a class A nonperson misdemeanor.

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

      History:   L. 2009, ch. 32, § 9; July 1.