ARTICLE VII. POSSESSION OF CONTROLLED SUBSTANCES
Sec. 54-200. Definitions.
Words and phrases used in Topeka City Code section 54-200 through section 54-207 shall have the same meaning as their corresponding definitions set forth in K.S.A. 65-4101 and K.S.A. 65-4150, and amendments thereto.
(Ord. No. 18136, § 2, 12-2-03)
Sec. 54-201. Controlled substances prohibited.
Except as authorized by the Kansas Uniform Controlled Substances Act, K.S.A. 65-4101 through 65-4164, and amendments thereto, it shall be unlawful for any person to possess or have under such person's control, prescribe, administer, deliver, distribute, dispense, compound, sell, offer for sale or have in such person's possession with intent to sell, deliver or distribute, any controlled substance, provided the Kansas Uniform Controlled Substances Act classifies the offense as a misdemeanor.
(Ord. No. 18136, § 3, 12-2-03)
Sec. 54-202. Controlled substances analogs prohibited.
Except as authorized by the Kansas Uniform Controlled Substances Act, K.S.A. 65-4101 through 65-4164, and amendments thereto, it shall be unlawful for any person to possess or have under such person's control, prescribe, administer, deliver, distribute, dispense, compound, sell, offer for sale or have in such person's possession with intent to sell, deliver or distribute, any controlled substance analog, provided the Kansas Uniform Controlled Substances Act classifies the offense as a misdemeanor.
(Ord. No. 18136, § 4, 12-2-03)
Sec. 54-203. Simulated controlled substances and drug paraphernalia; use or
possession prohibited.
(a) It shall be unlawful for any person to use or possess with intent to use:
(1) Any simulated controlled substance;
(2) 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 substances act; or
(3) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance in violation of the uniform controlled substances act.
(b) The provisions of subsection (a) shall apply only if the offense is classified as a misdemeanor by K.S.A. 65-4152 (b) or (d), and amendments thereto.
(Ord. No. 18136, § 5, 12-2-03)
Sec. 54-204. Simulated controlled substances and drug paraphernalia; prohibited
acts.
(a) It shall be unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered:
(1) 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;
(2) 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 the uniform controlled substances act, except 65-4162, and amendments thereto; or
(3) Any drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell or distribute a controlled substance in violation of the uniform controlled substances act.
(b) The provisions of subsection (a) shall apply only if K.S.A. 65-4153(c), and amendments thereto, classify the offense as a misdemeanor.
(Ord. No. 18136, § 6, 12-2-03)
Sec. 54-205. Factors for determining what constitutes drug paraphernalia.
In determining whether an object is drug paraphernalia, the court shall consider the factors set forth in K.S.A. 65-4151, and amendments thereto, in addition to any other logically relevant factors.
(Ord. No. 18136, § 7, 12-2-03)
Sec. 54-206. Representation that noncontrolled substance is a controlled
substance.
(a) It shall be unlawful for any person to knowingly deliver or cause to be delivered any substance which is not a controlled substance:
(1) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or
(2) Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.
(b) If any one of the following factors is established, there shall be a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
(1) The substance was packaged in a manner normally used for the illegal delivery of controlled substances.
(2) The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance.
(3) The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
(c) The provisions of subsection (a) shall apply only if K.S.A. 65-4155(c), and amendments thereto, classify the offense as a misdemeanor.
(Ord. No. 18136, § 8, 12-2-03)
Sec. 54-207. Penalties.
Any person who violates any of the provisions of City of City of Topeka Code sections 54-200 through 54-207, within the corporate limits of the city shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $2,500.00, or by imprisonment not to exceed one year, or both such fine and imprisonment.
(Ord. No. 18136, § 9, 12-2-03)
City of Leavenworth Kansas
Sec. 70-9. Possession of marijuana.
(a) It shall be unlawful for any person within the city to possess marijuana.
(b) Violation of this section is a class A misdemeanor.
(Code 1978, § 24-144; Ord. No. 7495, § 4, 7-10-01)
State law references: Similar provisions, K.S.A. 65-4127b.
City of Manhattan, Kansas
Article VIII DRUGS
Sec. 22-90. Definitions.
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. It 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.
Drug paraphernalia means all equipment, products and materials of any kind which are used or intended 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 in violation of the uniform controlled substances act. Drug paraphernalia shall include, but is not limited to:
(a) 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.
(b) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(c) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substances.
(d) Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(e) Scales and balances used or intended or use in weighing or measuring controlled substances.
(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.
(g) Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marihuana.
(h) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
(i) Capsules, balloons, envelopes, and other containers used or intended for use in packaging small quantities of controlled substances.
(j) Containers and other objects used or intended for use in storing or concealing controlled substances.
(k) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body.
(l) Objects used or intended for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) 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);
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(11) Chillums;
(12) Bongs; and
(13) Icepipes or chillers.
(Ord. No. 6309, § 8, 12-2-02)
Sec. 22-91. Possession of marijuana.
(a) It shall be unlawful for any person within the city to possess marijuana.
(b) The penalty for a violation of this section shall be a fine not exceeding $2,500.00, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment as may be just for any one offense.
(c) Violation of this section is a Class A violation.
(Ord. No. 6309, § 8, 12-2-02)
Sec. 22-92. Possession of drug paraphernalia.
(a) It shall be unlawful for any person within the city to use or possess with intent to use 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 the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto.
(b) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or person in control of the 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 substances act.
(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 the object, to deliver it to a person the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of the uniform controlled substances act. The innocence of an owner or person in control of the object as to a direct violation of the uniform controlled substances 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.
(9) National and local advertising concerning the object's use.
(10) The manner in which the object is displayed for sale.
(11) Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.
(12) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(13) The existence and scope of legitimate uses for the object in the community.
(14) Expert testimony concerning the object's use.
(c) The penalty for a violation of this section shall be a fine not exceeding $2,500.00, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment as may be just for any one offense.
(d) Violation of this section is a Class A violation.
(Ord. No. 6309, § 8, 12-2-02)
City of Winfield, Kansas
ARTICLE V. CRIMES AGAINST PUBLIC MORALS*
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*Cross references: Streets, sidewalks and other public places, ch. 70.
State law references: Crimes against public morals, K.S.A. 21-4301 et seq.
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DIVISION 1. GENERALLY
Sec. 58-124. Manufacture, possession, sale or distribution of illegal drugs.
(a) It shall be unlawful for any person to manufacture, possess, have under his control, prescribe, administer, deliver, distribute, dispense, compound, sell or offer for sale any depressant, stimulant or hallucinogenic drug in violation of the Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).
(b) It shall be unlawful for any person to have in his possession any marijuana in violation of the Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).
(Code 1973, § 17-912)
Sec. 58-125. Use, possession or sale of glue and related products.
(a) As used in this section, the phrase "glue containing a solvent having the property of releasing toxic vapors or fumes" shall mean and include any glue, cement or other adhesive, the contents of which may include, but are not limited to, one or more of the following chemical compounds; acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or tolune (toluol).
(b) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefication, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent having the property of releasing toxic vapors or fumes. Nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.
(c) No person shall, for the purpose of violating subsection (b) of this section use or possess for the purpose of so using any glue containing a solvent having the property of releasing toxic vapors or fumes.
(d) No person shall sell, give or offer to sell or give to any person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, if he has knowledge that the product sold, given or offered to be sold or given will be used for the purpose set forth in subsection (b) of this section.
(Code 1973, § 17-913)
DIVISION 2. DRUG PARAPHERNALIA AND SIMULATED CONTROLLED SUBSTANCES*
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*State law references: Drug paraphernalia and simulated controlled substances, K.S.A. 65-4150 et seq.
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Sec. 58-151. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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.
Deliver and delivery mean actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.
Drug paraphernalia means all equipment, products and materials of any kind which are used or intended 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 in violation of the Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.). The term "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) lsomerization 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, such as 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 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 intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil 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;
c. Carburetion tubes and devices;
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 pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; and
m. Ice pipes or chillers.
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.
(Code 1973, § 17-914)
Cross references: Definitions generally, § 1-2.
State law references: Similar provisions, K.S.A. 65-4150.
Sec. 58-152. Factors in determination of whether object is drug paraphernalia.
In determining whether an object is drug paraphernalia, the court shall consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or person in control of the 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 Substances Act (K.S.A. 65-4101 et seq.).
(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 the object to deliver it to a person the owner or person in control of the 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.). The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances 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.
(9) National and local advertising concerning the object's use.
(10) The manner in which the object is displayed for sale.
(11) Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.
(12) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise.
(13) The existence and scope of legitimate uses for the object in the community.
(14) Expert testimony concerning the object's use.
(Code 1973, § 17-915)
State law references: Similar provisions, K.S.A. 65-4151.
Sec. 58-153. Use or possession.
No person shall use or possess with intent to use:
(1) Any simulated controlled substance; or
(2) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).
(Code 1973, § 17-916(a))
State law references: Similar provisions, K.S.A. 65-4152.
Sec. 58-154. Sale, delivery or manufacture of drug paraphernalia.
No person shall deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within the city any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act (K.S.A. 65-4101 et seq.).
(Code 1973, § 17-916(b))
State law references: Similar provisions, K.S.A. 65-4153.
Sec. 58-155. Advertising.
No person shall place or cause to be placed in any newspaper, magazine, handbill or other publication distributed in the city, or received by mail in the city, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of:
(1) A simulated controlled substance; or
(2) Objects designed or intended for use as drug paraphernalia.
(Code 1973, § 17-916(c))
State law references: Similar provisions, K.S.A. 65-4154.
Sec. 58-156. Delivery of imitation controlled substance.
(a) No person shall knowingly deliver or cause to be delivered in the city any substance which is not a controlled substance:
(1) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or
(2) Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.
(b) If any one of the following factors is established, there shall be a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
(1) The substance was packaged in a manner normally used for the illegal delivery of controlled substances.
(2) The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance.
(3) The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
(Code 1973, § 17-916(d), (e))
State law references: Similar provisions, K.S.A. 64-4155.
City of Olathe, Kansas
Sections:
9.17.010 Possession of Marijuana; Controlled Substance; Penalties.
9.17.020 Control of Instruments Used for Inhaling or Ingestion of Controlled Substances or Drugs and Control of Simulated Drugs and Simulated Controlled Substances (Repealed).
9.17.030 Use or Possession of Simulated Controlled Substances and Drug Paraphernalia; Penalties.
9.17.040 Inhalation of Certain Elements.
9.17.010 Possession of Marijuana; Controlled Substance; Penalties.
January 2003
(d) Any person who violates this section shall be guilty of a Class A Public Offense. (Ord. 99-24 § 33, 1999; Ord 89-151 § 7, 1990; Ord. 83-75 § 2, 1983.)
9.17.020 Control of Instruments Used for Inhaling or Ingestion of Controlled Substances or Drugs and Control of Simulated Drugs and Simulated Controlled Substances. Repealed. (Ord. 89-151 § 15, 1990; Ord. 83-75 § 2, 1983.)
9.17.030 Use or Possession of Simulated Controlled Substances and Drug Paraphernalia; Penalties.
(I) Definitions. As used in this section:
(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) "Deliver" or "delivery" means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.
(c) "Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for uses in planting, propagating, cultivating, growing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substance Act. "Drug paraphernalia" shall include, but is not limited to:
(1) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting species of plant which is a controlled substance or from which 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 analyzing the strength, effectiveness of purity of controlled substances.
(5) Scales and balances used or intended for use in weighing or measuring controlled substances.
(6) Diluents and adulterants such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.
April 1999
(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 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 intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil 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;
(C) Carburetion Tubes and Devices;
(D) Smoking and Carburetion Masks;
(E) Roach clips (objects used to hold burning material, such as 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 Pipes;
(H) Carburetor Pipes;
(I) Electric Pipes;
(J) Air-driven Pipes;
(K) Chillums;
(L) Bongs; and
(M) Ice Pipes or Chillers.
(d) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate trust, partnership, association or other legal entity.
(e) "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.
(f) "Minor" shall mean any person who has not attained eighteen (18) years of age.
(g) "Premises open to minors" means any business establishment which sells its wares or merchandise to minors or which permits minors to enter into its place of business.
(h) "Place of display" means any museum, library, school or other similar public place upon which business is not transacted for a profit.
(i) "School" means any public or private elementary, junior high or high school.
(j) "Close proximity" means within one thousand five hundred (1,500) feet on a straight line commencing at the property lines nearest to each other.
(k) "Premises" means a business establishment and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of patrons.
(II) In determining whether an object is drug paraphernalia, a court or other authority shall consider in addition to all other logically relevant factors, the following:
(a) Statements by an owner or person in control of the object concerning its use.
(b) 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.
April 1999
(c) The proximity of the object in time and space, to a direct violation of the uniform controlled substances act.
(d) The proximity of the object to controlled substances.
(e) The existence of any residue of controlled substances on the object.
(f) Direct or circumstantial evidence of the intent of an owner or person in control of the object, to deliver it to a person, the owner or person in control of the object knows or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.
(g) Oral or written instructions provided with the object concerning its use.
(h) Descriptive materials accompanying the object which explain or depict its use.
(i) National and local advertising concerning the object's use.
(j) The manner in which the object is displayed for sale.
(k) Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.
(l) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(m) The existence and scope of legitimate uses for the object in the community.
(n) Expert testimony concerning the object's use.
(III) Sale and Display Prohibited.
(a) It shall be unlawful for any person, firm or corporation to sell, offer to sell, dispense, give away or display any instrument or simulated controlled substance or simulated drug in or upon any premises which:
(1) Are premises open to minors;
(2) Are places of display; or
(3) Are in close proximity to a school.
Provided, however, that display of any such items at a place of display for educational or scientific purposes shall not be unlawful.
(b) A violation of Section 9.17.30 (III) is declared to be a public nuisance and shall be subject to abatement as provided by law.
(IV) No person shall use or possess with intent to use:
(a) Any simulated controlled substances; or
(b) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act.
(c) Upon a conviction, plea of no contest or guilty for violation of this section by a person 18 or more years of age, but less than 21 years of age, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation by a community based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the judge finds that person is indigent, the fee may be waived.
(V) No person shall deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within this city:
April 1999
(a) Any simulated controlled substance; or
(b) any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act.
(c) This section shall not control if any person who violates this section by causing to be delivered within this city drug paraphernalia or a simulated controlled substance to a person under 18 years of age.
(VI) No person shall place or cause to be placed in any newspaper, magazine, handbill or other publication distributed in this state, or received by mail in this state, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of:
(1) A simulated controlled substance; or
(2) objects designed or intended for use as drug paraphernalia.
(VII) No person shall knowingly deliver or cause to be delivered in this city any substance which is not a controlled substance:
(a) Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance;
(b) Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance; or
(c) If any one of the following factors is established, there shall be a presumption that delivery of a substance was under circumstances which would give a reasonable person to believe that a substance is a controlled substance:
(A) The substance was packaged in a manner normally used for the illegal delivery of controlled substances.
(B) The delivery of the substance included an exchange or of demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance.
(C) The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
(d) This section shall not control if any person 18 or more years of age who violates this section by delivering or causing to be delivered in this state a substance to a person under 18 years of age and who is at least three years older than the person under 18 years of age to whom the delivery is made.
(e) Violation of this section is a Class A Misdemeanor. (Ord. 89-151 § 8, 1990; Ord. 87-149 § 12, 1987.)
(d) Any person who violates this section shall be guilty of a Class A Public Offense. (Ord. 99-24 § 34, 1999).
Sections:
9.18.010 Classification of Public Offenses; Terms of Confinement and Fines.
9.18.010 Classification of Public Offenses; Terms of Confinement and Fines.
(1) For the purpose of sentencing, the following classes of public offenses and penalties authorized for each class are established:
(a) Class A, the sentence for which shall be a definite term of confinement in jail which shall be fixed by the court and shall not exceed one year (365) days, or a fine not to exceed Two Thousand, Five Hundred Dollars ($2,500.00), or both;
(b) Class B, the sentence for which shall be a definite term of confinement in jail which shall be fixed by the court and shall not exceed One Hundred Eighty (180) days, or a fine not to exceed One Thousand Dollars ($1,000.00), or both;
April 1999
(c) Class C, the sentence for which shall be a definite term of confinement in jail which shall be fixed by the court and shall not exceed thirty (30) days, or a fine not to exceed Five Hundred Dollars ($500.00), or both.
(d) Unclassified Public Offenses, which shall include all offenses declared to be public offenses without specification as to class, the sentence for which shall be in accordance with the sentence specified in the ordinance section that defines the public offense; if no penalty is provided in such section, the sentence shall be a definite term of confinement in jail which shall not exceed 180 days, or a fine not to exceed Five Hundred Dollars ($500.00), or both. (Ord. 97-11 § 1, 1997; Ord. 83-75 § 2, 1983.)
City of Wichita Kansas
Chapter 5.26 DRUGS
Section 5.26.010
Possession of hallucinogenic drugs illegal.
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 any hal lucinogenic drug designated in
subsection (d) of K.S.A. 65-4105 and amendments thereto or designated in
subsection (g) of K.S.A. 65-4107 and amendments thereto, as defined in the
Uniform Controlled Su bstances Act. Such drugs include, but are not limited to cannabis
sativa L., otherwise known as marihuana, or any derivative thereto,
lysergic acid diethylamide, otherwise known as LSD, and psi locybin. (Ord. No.
42-599 § 1)
Section 5.26.020 Unlawful
acts regarding depressants, stimulants or other substances.
Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101
et. seq. and amendment s thereto, it shall be unlawful for any person to
possess or have under such person's control:
(a) Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection
(e) of K.S.A. 65-4 107, subsection (b) or (c) of K.S.A. 65-4109 or subsection
(b) of K.S.A. 65-4111, and amendments the reto;
(b) Any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection
(d)(2 ), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A.
65-4109, and amendments thereto;
(c) Any substance designated in subsection (g) of K.S.A. 65-4105, and
amendments thereto, and de signated in subsection (c), (d), (e), (f) or (g) of
K.S.A. 65-4111 and amendments thereto; or
(d) Any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109 and
amendments thereto. (Ord. No. 42-599 § 2)
Section 5.26.030
Possession of drug paraphernalia illegal.
It is unlawful for any person to use or possess with intent to use any drug
paraphernalia.
F or the purposes of this section, "drug paraphernalia" means all
equipment, products and materials of any kind which are used or intended for
use in planting, propagating, cultivating, growing, harvest ing, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
p ackaging, repackaging, storing, containing, concealing, injecting, ingesting,
inhaling or otherwise introducing into the human body a controlled substance in
violation of Section 5.26.010 herein, or t he Uniform Controlled Substances
Act, K.S.A. 65-4101 et. seq., and amendments thereto. "Drug paraphe
rnalia" shall include, but is not limited to, those items set forth in
subsection (c) of K.S.A. 65-4 150 and amendments thereto. In determining
whether an object is drug paraphernalia, in addition to a ll other logically
relevant factors, the court shall consider the factors set forth in K.S.A.
65-41 51 and amendments thereto. (Ord. No. 42-599 § 3)
Section 5.26.040 Penalty.
Any person who violates any of the provisions of this chapter within the
corporate limits of the cit y shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed two thousand five h undred dollars, or by one
year's imprisonment, or by both such fine and imprisonment. (Ord. No. 42-5 99 §
4)
City of Overland Park, Kansas
Chapter 11.56
11-2100
ARTICLE III. DRUGS
11.56.130 Definitions.
A s used in this article:
A.
"Controlled substance" means any drug or substance included in Schedules I through V
of the Uniform Controlled Substances Act found in Chapter 65, Article 41 of the Kansas
Statutes Annotated.
B.
"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 clause 1, 2,
or 3 of this subsection. It does not include devices or their components, parts or
accessories.
C.
"Deliver" or "delivery" means the actual, constructive or attempted transfer from one
person to another of a controlled substance, whether or not there is an agency
relationship.
D.
"Dangerous drug" means one that is unsafe for use except under the supervision of a
practitioner because of its toxicity or other potentiality for human effect, method of use,
or collateral measures necessary to use; "Dangerous Drugs" shall include all other drugs
or compounds, preparations or mixtures thereof which the state board of health shall find
and declare by rule or regulation duly promulgated after reasonable public notice and
opportunity for hearing to have a dangerous hallucinogenic hypnotic, somnifacient or
stimulating effect of the body of a human or animal.
E.
"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. It
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.
F.
"Manufacture" means the production, preparation, propagation, compounding,
conversion or processing of a controlled substance either directly or indirectly by
extraction from substances of natural origin or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis and includes any
packaging or repackaging of the substance or labeling or relabeling of its container,
except that this term does not include the preparation or compounding of a controlled
thereof, or any other controlled substance.
For purposes of this subsection, the phrase "intended for use" shall refer to the intent of
the person selling, offering to sell, dispensing, giving away or displaying the drug
paraphernalia herein defined.
In determining whether an item constitutes drug paraphernalia, a court or other authority
should consider, in addition to all other logically relevant factors, the following:
1.
Whether a person charged with violating this ordinance is a licensed distributor or
dealer of tobacco products under Chapter 79, Article 33 of the Kansas Statutes
Annotated.
2. Expert testimony as to the use of the item.
3. Evidence concerning the total business of a person or business establishment and
the type of items involved in the business.
4. National and local advertising concerning the use of the item of which the person
charged with violating this ordinance has knowledge.
5. Evidence of advertising concerning the nature of the business establishment.
6. Statements by a person charged with violating this ordinance concerning the use
of the item.
7. Prior convictions, if any, of a person charged with violating this ordinance, under
any state, federal or municipal law relating to any controlled substance.
8. Instructions, oral or written, provided with the item concerning its use.
9. Descriptive materials accompanying the item which explain or depict its use.
10. Catalogues or other promotional materials concerning the item of which the
person charged with violating this ordinance has knowledge.
Q.
"Minor" shall mean any person who has not attained 18 years of age.
R.
"Premises open to minors" means any business establishment which sells its wares or
merchandise to minors or which permits minors to enter into its place of business.
S.
"Simulated drugs" and "simulated controlled substances" are any products which identify
themselves by using a common name or slang term associated with a controlled
substance or indicate by label or accompanying promotional material that the product
simulates the effect of a controlled substance or drug.
T.
"Place of display" means any museum, library, school or other similar public place upon
which business is not transacted for a profit.
U.
"School" means any public or private elementary, junior high, or high school.
V.
"Close proximity" means within 500 feet on a straight line commencing at the property
lines nearest to each other.
W.
"Premises" means a business establishment and the structure of which it is a part and
facilities and appurtenances therein and grounds, areas and facilities held out for the use
of patrons. (KSA 65-4101 et seq)
Chapter 11.56
11-2103
(History: Ord. RD-1103 '1, 8l; RD-1048 '1, 79)
11.56.140 Unlawful ul Possession of Drugs - Exceptions.
A.
It is unlawful for any person to deliver, possess, manufacture, have under his control,
sell, or offer for sale any drug controlled substance or marijuana all as defined in
11.56.130, unless:
1. Such drug is delivered by a pharmacist, or his authorized agent, in good faith
upon prescription and there is affixed to the immediate container in which such
drug is delivered a label bearing:
a. The name and address of the owner of the establishment from which such
drug was delivered,
b. The date on which the prescription for such drug was filled,
c. The number of such prescription as filed in the prescription files of the
pharmacist who filled such prescription,
d. The name of the practitioner who prescribed such drug,
e. The name and address of the patient, and if such drug was prescribed for
an animal, a statement showing the species of the animal, and
f. The direction for use of the drug and cautionary statements, if any, as
contained in the prescription; and
2. In the event that such delivery is pursuant to telephonic order, such prescription
shall be promptly reduced to writing and filed by the pharmacist; or
3. Such drug is delivered by a practitioner in good faith and in the course of his
professional practice only.
B. It is unlawful for any person to refill any prescription for a drug unless such refilling is
specifically authorized by the prescriber.
C. It is unlawful for any person to fail to keep the records required by 11.56.160.
D.
It is unlawful for any person to possess a drug unless such person obtained such drug on
the prescription of a practitioner or in accordance with subsection A(3) of this section or
from a person licensed by the laws of any other state or the District of Columbia to
prescribe or dispense drugs.
E.
It is unlawful for any person to refuse to make available and to accord full opportunity to
check any record, file, stock or inventory as required by 11.56.170.
F.
It is unlawful for any person to use to his own advantage, or to reveal other than to a
public officer or employee charged with the duty of enforcing laws relating to the
handling, sale and distribution of drugs, or to a court when relevant in a judicial
proceeding, any information acquired under the authority of 11.56.170 concerning any
method or process which as a trade secret is entitled to protection.
G.
It is unlawful for any person to obtain or attempt to obtain a drug by fraud, deceit,
misrepresentation or subterfuge; or by the forgery or alteration of a prescription; or by
the use of a false name or the giving of a false address.
H.
It is unlawful for any person to sell, offer for sale or have in his possession with the
Chapter 11.56
11-2104
intent to sell any hallucinogenic or stimulating drug described in 11.56.130.
(History: Ord. RD-950 '1, 77;RD-539 '2, 70)
11.56.150 1 1.56.150 Exemptions from Article.
A.
The provisions of paragraphs A and E of 11.56.140 shall not be applicable:
1.
To the delivery of drugs for medical or scientific purposes only to persons
included in any of the classes hereinafter named, or to the agents or employees of
such persons, for use in the usual course of their business or practice or in the
performance of their official duties, as the case may be; or
2.
To the possession of drugs by such persons or their agents or employees for such
use:
a. Pharmacists,
b. Practitioners,
c. Persons who procure drugs:(i) for disposition by or under the supervision
of pharmacists or practitioners employed by them or (ii) for the purpose of
lawful research, teaching, or testing and not for resale.
d. Hospitals and other institutions which procure drugs for lawful administration
by or under the supervision of practitioners,
e. Manufacturers and wholesalers,
f. Carriers and warehousemen.
B.
Nothing contained in 11.56.140 shall make it unlawful for a public officer, agent or
employee, or person aiding such public officer in performing his official duties to
possess, obtain, or attempt to obtain a drug for the purpose of enforcing the provisions of
any law of this state or of the United States relating to the regulation of the handling, sale
or distribution of drugs.
C.
Nothing in this ordinance shall apply to a compound, mixture, or preparation containing
a drug which is sold in good faith for the purpose for which it is intended and not for the
purpose of evading the provisions of this ordinance if such compound, mixture, or
preparation contains a sufficient quantity of another therapeutic agent or agents, in
addition to such a drug, to cause it to prevent the ingestion of a sufficient amount of drug
to cause a dangerous hypnotic somnifacient or stimulating action.
(History: Ord. RD-539 '3, 70)
Chapter 11.56
11-2105
11.56.160 Records and Inventories by Certain Persons.
A. Persons (other than carriers) to whom the exemptions of 11.56.150 are applicable shall
maintain detailed, but not necessarily separate, records and inventories relating to drugs
manufactured, purchased, sold, distributed and handled and retain all such records and
inventories required by this subsection A for not less than two calendar years after the
date of the transaction shown by such record and inventory.
B. Pharmacists shall, in addition to complying with the provisions of subsection A of this
section, retain each prescription and written record of telephonic order for a drug filled
by them, for not less than two calendar years immediately following the date of the
filling or the date of the last refilling of such prescription whichever is the later date.
(History: Ord. RD-539 '4, 70)
11.56.170 Access to Records - Inspection.
Persons required by 11.56.160 to keep files, inventories or records relating to drugs shall, upon
the written request of a public officer or employee charged with the duty of enforcing laws
relating to the handling, sale and distribution of drugs:
A. Make such files, inventories or records available to such officer or employee, at all
reasonable hours, for inspection and copying; and
B. Accord to such officer or employee full opportunity to check the correctness of such
files, inventories or records, including opportunity to make inventory of all stocks of
drugs on hand.
(History: Ord. RD-539 '5, 70)
11.56.175 Sale of Drugs From Vending Machine.
A. It is unlawful for any person, firm or corporation to offer for sale, sell or distribute any
prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug
intended for human use by hypodermic injection or poison through or by means of any
vending machine or other mechanical device, or to use any vending machine in or for the sale
or distribution of any prescription medicine, prescription-only drug, drug which contains
ephedrine alkaloids, drug intended for human use by hypodermic injection or poison.
B. No nonprescription drugs shall be offered for sale or sold through a vending machine in
anything other than the manufacturer's original tamper-evident and expiration-dated packet. No
more than 12 different nonprescription drugs products shall be offered for sale or sold through
any one vending machine. Any vending machine in which nonprescription drugs are offered
for sale or sold shall be located so that the drugs stored in such vending machine are stored in
accordance with drug manufacturer's requirements. Drugs offered for sale or sold in such
vending machine shall not be older than the manufacturer's expiration date. Each vending
machine through which nonprescription drugs are offered for sale or sold shall have an obvious
and legible statement on the machine that identifies the owner of the machine, a toll-free
telephone number at which the consumer may contact the owner of the machine, a statement
advising the consumer to check the expiration date of the product before using the product and
the telephone number of the state board of pharmacy. As used in this subsection,
"nonprescription drug" does not include any prescription medicine; prescription-only drug,
drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection
or poison.
Chapter 11.56
11-2106
C. Every person convicted of violating this section shall be fined not less than $25 nor more than
$500.
(History: Ord. POC-2235 §3, 2000)
11.56.180 Violation of Article - Penalty.
Any person violating 11.56.140, 11.56.160, 11.56.170, or 11.56.185 shall be punished as
follows:
A. Upon a first conviction of a violation of this section, a person shall be sentenced to not
less than 30 days nor more than six months imprisonment, and fined not less than $200
nor more than $500. The person convicted must serve a minimum of 48 consecutive
hours before or as a condition of any grant of probation, suspension or reduction of
sentence or parole. In addition, the court shall enter a sentencing order that requires:
1. That the convicted person enroll in and successfully complete an alcohol and
drug safety action program or a treatment program as provided by K.S.A. 8-1008
and any amendments thereto; and
2. That as a condition of parole the convicted person not consume any alcohol or
illegal drugs during the period of probation and submit to any testing of breath or
bodily fluids to verify compliance with this requirement; and
3. That should the convicted person violate any of the conditions of parole, the
convicted person serve the remaining period of imprisonment set forth in the
sentencing order of the court.
B. Upon a second conviction of a violation of this section, a person shall be sentenced to not
less than 90 days' nor more than one year's imprisonment and fined not less than $500
nor more than $1,000. The person convicted must serve a minimum of five consecutive
days' imprisonment before or as a condition of any grant of probation, suspension or
reduction of sentence or parole. In addition, the court shall enter a sentencing order that
requires:
1. That the convicted person enroll in and successfully complete an alcohol and
drug safety action program or a treatment program as provided by K.S.A. 8-1008
and any amendments thereto; and
2. That as a condition of parole the convicted person not consume any alcohol or
illegal drugs during the period of probation and submit to any testing of breath or
bodily fluids to verify compliance with this requirement; and
3. That should the convicted person violate any of the conditions of parole, the
convicted person serve the remaining period of imprisonment set forth in the
sentencing order of the court.
C. Upon a third and subsequent conviction of a violation of this section, a person shall be
sentenced to not less than 180 days' nor more than one year's imprisonment and fined not
less than $1,000 nor more than $2,500. The person convicted must serve a minimum of
90 days imprisonment before or as a condition of any grant of probation, suspension or
reduction of sentence or parole. In addition, the court shall enter an order of sentencing
that requires:
Chapter 11.56
11-2107
1. That the convicted person enroll in and successfully complete an alcohol and
drug safety action program or a treatment program as provided by K.S.A. 8-1008
and any amendments thereto; and
2. That as a condition of parole the convicted person not consume any alcohol or
illegal drugs during the period of probation and submit to any testing of breath or
bodily fluids to verify compliance with this requirement; and
3. That should the convicted person violate any of the conditions of parole, the
convicted person serve the remaining period of imprisonment set forth in the
sentencing order of the court.
D. The court may place a person convicted under this section in a house-arrest program,
pursuant to K.S.A. 21-4603b, and amendments thereto; provided, placement in a housearrest
program shall be ordered only after a person has served a minimum of 48
consecutive hours' imprisonment.
E. The court may establish the terms and time for payment of any fines, fees, assessments
and costs imposed pursuant to this section. Any assessment and costs shall be required
to be paid not later than 90 days after imposed, and any remainder of the fine shall be
paid prior to the final release of the defendant by the court.
F. In lieu of payment of a fine imposed pursuant to this section, the court may order that the
person perform community service specified by the court. The person shall receive a
credit on the fine imposed in an amount equal to $5.00 for each full hour spent by the
person in the specified community service. The community service ordered by the court
shall be required to be performed not later than one year after the fine is imposed or by
an earlier date specified by the court. If by the required date the person performs an
insufficient amount of community service to reduce to zero the portion of the fine
required to be paid by the person, the remaining balance of the fine shall become due on
that date.
G. For the purpose of determining whether a conviction is a first, second, third or
subsequent conviction in sentencing under this section:
1. "conviction" includes being convicted of a violation of this section or entering
into a diversion agreement in lieu of further criminal proceedings on a complaint
alleging a violation of this section;
2. "conviction" includes being convicted of a violation of a law of this state or of
any state or of an ordinance of any municipality which prohibits the acts that this
section prohibits or entering into a diversion agreement in lieu of further criminal
proceedings in a case alleging a violation of such a law or ordinance;
3. only convictions occurring in the immediately preceding five years, including
prior to the effective date of this ordinance, shall be taken into account for
mandatory sentencing purposes, however, the court may consider other prior
drug-related convictions in determining the sentence to be imposed within the
limits provided for a first, second, third or subsequent offender, whichever is
applicable; and
Chapter 11.56
11-2108
4.
it is irrelevant whether an offense occurred before or after a conviction for a
previous offense.
H.
The prosecution shall not plea bargain charges filed pursuant to this section for the
purpose of avoiding the mandatory sentencing requirement set forth herein; provided,
however, only first time offenders may be diverted on said charges; provided further, all
persons diverted on charges filed pursuant to this section shall pay a minimum diversion
fee of $200 and shall attend and successfully complete an alcohol and drug education
and/or treatment program.
(History: Ord. POC-1796 '2, 93; POC-1634 '1, 90; POC-1624 '1, 90; POC-1597 '3, 89; POC-
1381 '8, 86; RD-539 '6, 70)
11.56.185 Control of Drug Paraphernalia and Control of Simulated Drugs and Simulated
Drugs and Simulated Controlled Substances.
A. Sale and display prohibited.
It shall be unlawful for any person to sell, dispense, give away or display any drug
paraphernalia or simulated controlled substance or simulated drug to minors in or upon
any premises. It shall also be unlawful for any person to sell, offer to sell, dispense, give
away or display any drug paraphernalia or simulated controlled substance or simulated
drug to persons other than minors in or upon any premises which:
1. are premises open to minors, unless the drug paraphernalia, simulated controlled
substances or simulated drugs are kept in such part of the premises that is not
open to view by minors and to which minors do not have access; or
2. are in close proximity to a school. Provided, however, that display of any such
items at a place of display for educational or scientific purposes shall not be
unlawful. Provided further, that nothing in this section shall be construed to
prohibit the selling, dispensing, or giving away of such items by a practitioner or
pharmacist to a patient for lawful purposes.
B. Nuisance.
In addition to any penalty authorized by 11.56.180, a violation of 11.56.185 is hereby
declared to be a public nuisance.
(History: Ord. RD-1103 '2, 81; RD-1048)