§ 5.26.005. Definitions.

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

(a)

'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.

(b)

(1)

'Controlled substance analog' means a substance that is intended for human consumption, and:

(A)

The chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto;

(B)

which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto; or

(C)

with respect to a particular individual, which the individual represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto.

(2)

'Controlled substance analog' does not include:

(A)

A controlled substance;

(B)

A substance for which there is an approved new drug application; or

(C)

A substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to the substance is permitted by the exemption.

(c)

'Cultivate' means the planting or promotion of growth of five or more plants which contain or can produce controlled substances.

(d)

'Distribute' means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. 'Distribute' includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. 'Distribute' does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the Pharmacy Act of the State of Kansas, the Uniform Controlled Substances Act, or otherwise authorized by law.

(e)

'Drug' means:

(1)

Substances recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;

(2)

Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;

(3)

Substances, other than food, intended to affect the structure or any function of the body of man or animals; and

(4)

Substances intended for use as a component of any article specified in paragraph (1), (2) or (3). It does not include devices or their components, parts or accessories.

(f)

'Drug paraphernalia' means all equipment and materials of any kind which are used, or primarily intended or designed 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 and in violation of this 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, including, but not limited to, 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 marijuana;

(8)

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

(9)

Capsules, balloons, envelopes, bags 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 primarily intended or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil, phencyclidine (PCP), methamphetamine or amphetamine 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, bongs or smoking pipes designed to draw smoke through water or another cooling device;

(C)

carburetion pipes, glass or other heat resistant tubes or any other device used or intended to be used, designed to be used to cause vaporization of a controlled substance for inhalation;

(D)

smoking and carburetion masks;

(E)

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;

(F)

miniature cocaine spoons and cocaine vials;

(G)

chamber smoking pipes;

(H)

carburetor smoking pipes;

(I)

electric smoking pipes;

(J)

air-driven smoking pipes;

(K)

chillums;

(L)

bongs;

(M)

ice pipes or chillers;

(N)

any smoking pipe manufactured to disguise its intended purpose;

(O)

wired cigarette papers; or

(P)

cocaine freebase kits.

(g)

'Immediate precursor' means a substance which the board of pharmacy has found to be and by rules and regulations designates as being the principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

(h)

'Highway' means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(i)

'Isomer' means all enantiomers and diastereomers.

(i)

'Marijuana' means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. 'Marijuana' does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

(k)

'Narcotic drug' means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

(1)

Opium and opiate and any salt, compound, derivative or preparation of opium or opiate;

(2)

Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) but not including the isoquinoline alkaloids of opium;

(3)

Opium poppy and poppy straw;

(4)

Coca leaves and any salt, compound, derivative or preparation of coca leaves and any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(l)

'Opiate' means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. 'Opiate' does not include, unless specifically designated as controlled under K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). 'Opiate' does include its racemic and levorotatory forms.

(m)

'Opium poppy' means the plant of the species Papaver somniferum l. except its seeds.

(n)

'Or circumstances where one reasonably should know' that an item will be used in violation of this section, shall include, but not be limited to, the following:

(1)

Actual knowledge from prior experience or statements by customers;

(2)

Inappropriate or impractical design for alleged legitimate use;

(3)

Receipt of packaging material, advertising information or other manufacturer supplied information regarding the item's use as drug paraphernalia; or

(4)

Receipt of a written warning from a law enforcement or prosecutorial agency having jurisdiction that the item has been previously determined to have been designed specifically for use as drug paraphernalia.

(o)

'Person' means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or any other legal entity.

(p)

'Poppy straw' means all parts, except the seeds, of the opium poppy, after mowing.

(q)

'Possession' means having joint or exclusive control over an item with knowledge of and intent to have such control or knowingly keeping some item in a place where the person has some measure of access and right of control.

(r)

'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.

(s)

'Street' means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

(Ord. No. 48-718, § 1, 4-20-2010)