21-36a03. Unlawful manufacturing of controlled substances.

21-36a03

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 36a.--CRIMES INVOLVING CONTROLLED SUBSTANCES

      21-36a03.   Unlawful manufacturing of controlledsubstances.(a) It shall be unlawful for any person to manufacture anycontrolledsubstance or controlled substance analog.

      (b)   Violation or attempted violation of subsection (a) is a drugseverity level 1felony. The provisions of subsection (d) of K.S.A. 21-3301, and amendmentsthereto, shall notapply to a violation of attempting to unlawfully manufacture any controlledsubstance pursuant tothis section.

      (c)   For persons arrested and charged under this section, bail shall be atleast $50,000 cashor surety, unless the court determines, on the record, that the defendant isnot likely to re-offend,the court imposes pretrial supervision, or the defendant agrees to participatein a licensed orcertified drug treatment program.

      (d)   The sentence of a person who violates this section shall not be subjectto statutory provisions for suspended sentence, community service work orprobation.

      (e)   The sentence of a person who violates this section or K.S.A. 65-4159prior to its repeal,shall not be reduced becausethese sectionsprohibit conduct identical to that prohibited by K.S.A. 65-4161 or 65-4163,prior to such sections repeal,or K.S.A. 2009 Supp. 21-36a05, and amendments thereto.

      History:   L. 2009, ch. 32, § 3; July 1.