21-36a09. Unlawful possession of certain drug precursors and drug paraphernalia.
21-36a09
21-36a09. Unlawful possession of certain drugprecursors and drug paraphernalia.(a) It shall be unlawful for any person to possessephedrine,pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrousammonia,pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts ofisomers with anintent to use the product to manufacture a controlled substance.
(b) It shall be unlawful for any person to use or possess with intent to useany drugparaphernalia to:
(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze ordistribute acontrolled substance; or
(2) store, contain, conceal, inject, ingest, inhale or otherwise introduce acontrolledsubstance into the human body.
(c) It shall be unlawful for any person to use or possess with intent to useanhydrousammonia or pressurized ammonia in a container not approved for that chemical bythe Kansasdepartment of agriculture.
(d) It shall be unlawful for any person to purchase, receive or otherwiseacquire at retailany compound, mixture or preparation containing more than 3.6 grams ofpseudoephedrine baseor ephedrine base in any single transaction or any compound, mixture orpreparation containingmore than nine grams of pseudoephedrine base or ephedrine base within any30-day period.
(e) (1) Violation of subsection (a) is a drug severity level 2felony;
(2) violation of subsection (b)(1) is a drug severity level 4 felony,except thatviolation of subsection (b)(1) is a class A nonperson misdemeanor if thedrug paraphernaliawas 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 shallbe at least$50,000 cash or surety, unless the court determines, on the record, that thedefendant is not likelyto reoffend, the court imposes pretrial supervision or the defendant agrees toparticipate in alicensed or certified drug treatment program.
History: L. 2009, ch. 32, § 9; July 1.