21-36a01. Definitions.
21-36a01
21-36a01. Definitions.As used in K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto:
(a) "Controlled substance" means any drug, substance or immediate precursorincluded inany of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111and 65-4113, andamendments thereto.
(b) (1) "Controlled substance analog" means a substance that is intendedfor humanconsumption, and:
(A) The chemical structure of which is substantially similar to the chemicalstructure of acontrolled 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 centralnervoussystem substantially similar to the stimulant, depressant or hallucinogeniceffect on the centralnervous system of a controlled substance included in the schedules designatedin K.S.A. 65-4105or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, which the individual representsor intends tohave a stimulant, depressant or hallucinogenic effect on the central nervoussystem substantiallysimilar to the stimulant, depressant or hallucinogenic effect on the centralnervous system of acontrolled substance included in the schedules designated in K.S.A. 65-4105 or65-4107, andamendments 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 forinvestigationaluse by a particular person under section 505 of the federal food, drug, andcosmetic act (21 U.S.C. 355) to the extent conduct with respect to thesubstance is permitted bythe exemption.
(c) "Cultivate" means the planting or promotion of growth of five or moreplants whichcontain or can produce controlled substances.
(d) "Distribute" means the actual, constructive or attempted transfer fromone person toanotherof some item whether or not there is an agency relationship. "Distribute"includes, but is notlimited to, sale, offer for sale or any act that causes some item to betransferred from one personto another. "Distribute" does not include acts of administering, dispensing orprescribing acontrolled substance as authorized by the pharmacy act of the state of Kansas,the uniform controlledsubstances act, orotherwise authorized by law.
(e) "Drug" means:
(1) Substances recognized as drugs in the official United Statespharmacopoeia, official homeopathic pharmacopoeia of the United States orofficial nationalformulary or any supplement to any of them;
(2) substances intended for use in the diagnosis, cure, mitigation, treatmentor preventionof disease in man or animals;
(3) substances, other than food, intended to affect the structure or anyfunction of thebody of man or animals; and
(4) substances intended for use as a component of any article specified inparagraph (1),(2) or (3). It does not include devices or theircomponents, parts or accessories.
(f) "Drug paraphernalia" means all equipment and materials of any kind whichare used,orprimarily 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 orotherwise introducing into the human body a controlled substance and inviolation of this act."Drug paraphernalia" shall include, but is not limited to:
(1) Kits used or intended for use in planting, propagating, cultivating,growing orharvesting any species of plant which is a controlled substance or from which a controlledsubstance 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 potencyof anyspecies of plant which is a controlled substance;
(4) testing equipment used or intended for use in identifying or in analyzingthe strength,effectiveness or purity of controlled substances;
(5) scales and balances used or intended for use in weighing or measuringcontrolledsubstances;
(6) diluents and adulterants, including, but not limited to, quininehydrochloride,mannitol, mannite, dextrose and lactose, which are used or intended for use incutting controlledsubstances;
(7) separation gins and sifters used or intended for use in removing twigsand seeds fromor otherwise cleaning or refining marijuana;
(8) blenders, bowls, containers, spoons and mixing devices used or intendedfor use incompounding controlled substances;
(9) capsules, balloons, envelopes, bags and other containers used or intendedfor use inpackaging small quantities of controlled substances;
(10) containers and other objects used or intended for use in storing orconcealingcontrolled substances;
(11) hypodermic syringes, needles and other objects used or intended for useinparenterally injecting controlled substances into the human body;
(12) objects used or primarily intended or designed for use in ingesting,inhaling orotherwise 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 orwithout screens,permanent screens, hashish heads or punctured metal bowls;
(B) water pipes, bongs or smoking pipes designed to draw smoke through wateroranother cooling device;
(C) carburetion pipes, glass or other heat resistant tubes or any otherdevice used orintended to be used, designed to be used to cause vaporization of a controlledsubstance forinhalation;
(D) smoking and carburetion masks;
(E) roach clips, objects used to hold burning material, such as a marijuanacigarette, thathas 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 hasfound tobe and by rules and regulations designates as being the principal compoundcommonly used orproduced primarily for use and which is an immediate chemical intermediary usedor likely to beused in the manufacture of a controlled substance, the control of which isnecessary to prevent,curtail or limit manufacture.
(h) "Isomer" means all enantiomers and diastereomers.
(i) "Manufacture" means the production, preparation, propagation,compounding,conversion or processing of a controlled substance either directly orindirectly or by extractionfrom substances of natural origin or independently by means of chemicalsynthesis or by acombination of extraction and chemical synthesis and includes any packaging orrepackaging ofthe substance or labeling or relabeling of its container."Manufacture" does not include thepreparation or compounding of a controlled substance by an individual for theindividual's ownlawful use or the preparation, compounding, packaging or labeling of acontrolled substance:
(1) By a practitioner or the practitioner's agent pursuant to a lawful orderof a practitioneras an incident to the practitioner's administering or dispensing of acontrolled substance in thecourse of the practitioner's professional practice; or
(2) by a practitioner or by the practitioner's authorized agent under suchpractitioner'ssupervision for the purpose of or as an incident to research, teaching orchemical analysis or by apharmacist or medical care facility as an incident to dispensing of acontrolled substance.
(j) "Marijuana" means all parts of all varieties of the plant Cannabiswhether growing ornot, the seeds thereof, the resin extracted from any part of the plant andevery compound,manufacture, salt, derivative, mixture or preparation of the plant, its seedsor resin. "Marijuana" does notinclude the mature stalks of the plant, fiber produced from the stalks, oil orcake made from theseeds of the plant, any other compound, manufacture, salt, derivative, mixtureor preparation ofthe mature stalks, except the resin extracted therefrom, fiber, oil or cake orthe sterilized seed ofthe plant which is incapable of germination.
(k) "Narcotic drug" means any of the following whether produced directly orindirectlyby extraction from substances of vegetable origin or independently by means ofchemicalsynthesis or by a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or preparation ofopium oropiate;
(2) any salt, compound, isomer, derivative or preparation thereof which ischemicallyequivalent or identical with any of the substances referred to in paragraph (1)but not includingthe isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of cocaleaves and anysalt, compound, isomer, derivative or preparation thereof which is chemicallyequivalent or identical with any of these substances, but not includingdecocainized coca leaves or extractionsof coca leaves which do not contain cocaine or ecgonine.
(l) "Opiate" means any substance having an addiction-forming oraddiction-sustainingliability similar to morphine or being capable of conversion into a drug havingaddiction-formingor addiction-sustaining liability. "Opiate" does not include, unlessspecificallydesignated as controlledunder K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer of3-methoxy-n-methylmorphinan and its salts (dextromethorphan). "Opiate" doesincludeits racemic andlevorotatory forms.
(m) "Opium poppy" means the plant of the species Papaver somniferum l. exceptitsseeds.
(n) "Person" means individual, corporation, government or governmentalsubdivision oragency, business trust, estate, trust, partnership, association or any otherlegal entity.
(o) "Poppy straw" means all parts, except the seeds, of the opium poppy,after mowing.
(p) "Possession" means having joint or exclusive control over an item withknowledge ofand intent to have such control or knowingly keeping some item in a place wherethe person hassome measure of access and right of control.
(q) "School property" means property upon which is located a structure usedby a unifiedschool district or an accredited nonpublic school for student instruction orattendance orextracurricular activities of pupils enrolled in kindergarten or any of thegrades one through 12.This definition shall not be construed as requiring that school be in sessionor that classes areactually being held at the time of the offense or that children must be presentwithin the structureor on the property during the time of any alleged criminal act. If thestructure or property meetsthe above definition, the actual use of that structure or property at the timealleged shall not be adefense to the crime charged or the sentence imposed.
(r) "Simulated controlled substance" means any product which identifiesitself by acommon name or slang term associated with a controlled substance and whichindicates on itslabel or accompanying promotional material that the product simulates theeffect of a controlledsubstance.
History: L. 2009, ch. 32, § 1; July 1.