Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control marijuana or tetrahydrocannabinol.
(Ord. 1396; Code 2017)
No person shall use or possess with intent to use:
(a) Any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq., and amendments thereto.
(b) No person shall deliver, possess, with the intent to deliver or cause to be delivered any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of K.S.A. 65-4162, and amendments thereto.
(c) In determining whether an object is drug paraphernalia, the finder of fact shall consider, in addition to all other logically relevant factors, the following:
(1) Statements of the owner or person in control of an object concerning its use;
(2) Prior convictions, if any, of an owner or person in control of the object under any state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substance Act, K.S.A. 65-4101 et seq. and amendments thereto;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner or person in control of an object, to deliver it to a person the owner or person in control of an object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substance Act shall not prevent a finding that the object is intended for use as drug paraphernalia.
(7) Oral or written instructions provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use.
(Ord. 1396; Code 2017)
(a) Any person convicted of violating any provisions of these ordinances shall be punished by a fine as set in the city’s fee resolution. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than one year.
(b) The court, if found to be in the interests of justice, may suspend all or part of the minimum fine. To include but not limited to the defendant’s level of cooperation with law enforcement including the truthful identification of the source of the controlled substance or contraband possessed by the defendant.
(c) Any person who is convicted of a charge that violates these ordinances may be required to obtain a drug abuse evaluation. Also may be required to attend and successfully complete a drug abuse education, counseling, or treatment program. Any facility that conducts the programs must be approved by the Kansas Board of Behavioral Sciences. The court shall order the defendant to pay all cost and fees associated with any education or treatment programs.
(d) Any person who is diverted on a charge that violates these ordinances may be required to obtain a drug abuse evaluation. Also shall be required to attend and successfully complete a drug abuse education, counseling, or treatment program. Any facility that conducts the programs must be approved by the Kansas Board of Behavioral Sciences.
(e) The municipal judge shall order any person convicted or diverted on charges of these ordinances to pay the laboratory analysis fees specified in K.S.A. 28-176, and amendments thereto, as additional costs in the case provided that forensic laboratory services are rendered or administered in conjunction with this case.
(Ord. 1396; Code 2017)