The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Controlled substance- means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.

Deliver or delivery- means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.

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:

A.    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.

B.    Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

C.    Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance.

D.    Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

E.    Scales and balances used or intended for use in weighing or measuring controlled substances.

F.    Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.

G.    Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana.

H.    Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.

I.     Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances.

J.     Containers and other objects used or intended for use in storing or concealing controlled substances.

K.    Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.

L.    Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

1.    Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.

2.    Water pipes.

3.    Carburation tubes and devices.

4.    Smoking and Carburation masks.

5.    Roach clips (objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand).

6.    Miniature cocaine spoons and cocaine vials.

7.    Chamber pipes.

8.    Carburation pipes.

9.    Electric pipes.

10.  Air-driven pipes.

11.  Chillums.

12.  Bongs.

13.  Ice pipes or chillers.

Elements, compounds or combinations of both elements and compounds- means any material in a liquid, solid or gaseous state, which contains one or more of the following chemical materials:

A.    Hydrocarbons, including but not limited to propane, benzene, toluene.

B.    Alcohols, including but not limited to methyl, ethyl, isopropyl and butyl.

C.    Volatile ethers, including but not limited to ethyl, acetate, butyl acetate, amyl acetate.

D.    Ketones, including but not limited to acetone, methyl ethyl ketone, methyl iso butyl ketone.

E.    Halogenated hydrocarbons, including but not limited to chloroform, ethylene dichloride, Freon.

F.    Halogenated derivatives of hydrocarbons, including but not limited to pentachlorophenol.

G.    Ethers, including but not limited to ethyl ethers; and any elements, compounds or combination of both elements and compounds producing a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of the brain or nervous system.

Marijuana- means all parts of the plant Cannabis Sativa L, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, derivative, mixture or preparation of the plant, its seeds or resin.

Noxious fumes- means those fumes which may be intentionally inhaled or smelled to produce a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of the brain or nervous system, other than those used by authorized medical personnel for medical or dental purposes.

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.

(K.S.A. 65-4150 et seq.; K.S.A. 65-4101; Code 2015)

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 local, 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 State 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 an 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.

(K.S.A. 65-4151; Code 2015)

No person shall use or possess with intent to use:

A.    Any simulated controlled substance.

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. 65-4153; Code 2015)

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

A.    Any simulated controlled substance.

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(a) ; Code 2015)

A.    No person shall knowingly deliver or cause to be delivered in this 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.

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 2015)

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 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.

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.    Take custody of the property and remove it to an appropriate location for disposition in accordance with law.

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

(K.S.A. 65-4156; Code 2015)

It is unlawful for any person to smell, inhale or ingest marijuana or the noxious fumes of elements, compounds or combinations of both elements and compounds defined in Section 16-301.

(Code 2015)

It is unlawful for any person to possess marijuana or possess those elements, compounds or combinations of both elements and compounds defined in Section 16-301 for the purpose of smelling, inhaling or ingesting noxious fumes there from.

(Code 2015)

A.    A violation of the provisions of this article is a Class A misdemeanor, except as provided in subsection (B)(1).

B.    A violation of the provisions of Sections 16-307 or 16-308 is:

1.    A Class B misdemeanor except as provided in subsection (B)(2).

2.    A Class A misdemeanor if that person has a prior conviction under this subsection, under a substantially similar offence from another jurisdiction, or under state statute or county resolution for a substantially similar offense.

(Code 2015; Ord. 3935-16)