21-36a10.Unlawful distribution of certain drugprecursors and drug paraphernalia.(a) It shall be unlawful for any person to advertise,market,label, distributeor possess with the intent to distribute:
(1) Any product containing ephedrine, pseudoephedrine, red phosphorus,lithiummetal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia orphenylpropanolamineor their salts, isomers or salts of isomers if the person knows or reasonablyshould know that thepurchaser will use the product to manufacture a controlled substance; or
(2) any product containing ephedrine, pseudoephedrine orphenylpropanolamine, ortheir salts, isomers or salts of isomers for indication of stimulation, mentalalertness, weight loss,appetite control, energy or other indications not approved pursuant to thepertinent federalover-the-counter drug final monograph or tentative final monograph or approvednew drugapplication.
(b) It shall be unlawful for any person to market, distribute or manufacturewith intent todistribute any drug paraphernalia, knowing or under circumstances where onereasonably shouldknow that it will be used to manufacture or distribute a controlled substancein violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto.
(c) It shall be unlawful for any person to distribute, possess with intent todistribute ormanufacture with intent to distribute any drug paraphernalia, knowing or undercircumstanceswhere one reasonably should know, that it will be used as such in violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, exceptsubsection (b) of K.S.A. 2009 Supp. 21-36a06, and amendments thereto.
(d) It shall be unlawful for any person to distribute, possess with intent todistribute ormanufacture with intent to distribute any drug paraphernalia, knowing, or undercircumstanceswhere one reasonably should know, that it will be used as such in violation ofsubsection (b) ofK.S.A. 2009 Supp. 21-36a06, and amendments thereto.
(e) (1) Violation of subsection (a) is a drug severity level 2felony;
(2) violation of subsection (b) is a drug severity level 4 felony;
(3) violation of subsection (c) is a level 9, nonperson felony, exceptthat violationof subsection (c) is a drug severity level 4 felony if that persondistributes or causes drugparaphernalia to be distributed to a person under 18 years of age or within1,000 feet of anyschool property;
(4) violation of subsection (d) is a class A nonperson misdemeanor,except thatviolation of subsection (d) is a nondrug severity level 9, nonpersonfelony if that persondistributes or causes drug paraphernalia to be distributed to a person under 18years of age orwithin 1,000 feet of any school property.
(f) For persons arrested and charged under subsection (a), bail shall be atleast $50,000cash or surety, unless the court determines, on the record, that the defendantis not likely tore-offend, the court imposes pretrial supervision or the defendant agrees toparticipate in alicensed or certified drug treatment program.
(g) As used in this section, "or under circumstances where one reasonablyshould know"that an item will be used in violation of this section, shall include, but notbe limited to, thefollowing:
(1) Actual knowledge from prior experience or statements by customers;
(2) inappropriate or impractical design for alleged legitimate use;
(3) receipt of packaging material, advertising information or othermanufacturer suppliedinformation regarding the item's use as drug paraphernalia; or
(4) receipt of a written warning from a law enforcement or prosecutorialagency havingjurisdiction that the item has been previously determined to have been designedspecifically foruse as drug paraphernalia.
21-36a10.Unlawful distribution of certain drugprecursors and drug paraphernalia.(a) It shall be unlawful for any person to advertise,market,label, distributeor possess with the intent to distribute:
(1) Any product containing ephedrine, pseudoephedrine, red phosphorus,lithiummetal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia orphenylpropanolamineor their salts, isomers or salts of isomers if the person knows or reasonablyshould know that thepurchaser will use the product to manufacture a controlled substance; or
(2) any product containing ephedrine, pseudoephedrine orphenylpropanolamine, ortheir salts, isomers or salts of isomers for indication of stimulation, mentalalertness, weight loss,appetite control, energy or other indications not approved pursuant to thepertinent federalover-the-counter drug final monograph or tentative final monograph or approvednew drugapplication.
(b) It shall be unlawful for any person to market, distribute or manufacturewith intent todistribute any drug paraphernalia, knowing or under circumstances where onereasonably shouldknow that it will be used to manufacture or distribute a controlled substancein violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto.
(c) It shall be unlawful for any person to distribute, possess with intent todistribute ormanufacture with intent to distribute any drug paraphernalia, knowing or undercircumstanceswhere one reasonably should know, that it will be used as such in violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, exceptsubsection (b) of K.S.A. 2009 Supp. 21-36a06, and amendments thereto.
(d) It shall be unlawful for any person to distribute, possess with intent todistribute ormanufacture with intent to distribute any drug paraphernalia, knowing, or undercircumstanceswhere one reasonably should know, that it will be used as such in violation ofsubsection (b) ofK.S.A. 2009 Supp. 21-36a06, and amendments thereto.
(e) (1) Violation of subsection (a) is a drug severity level 2felony;
(2) violation of subsection (b) is a drug severity level 4 felony;
(3) violation of subsection (c) is a level 9, nonperson felony, exceptthat violationof subsection (c) is a drug severity level 4 felony if that persondistributes or causes drugparaphernalia to be distributed to a person under 18 years of age or within1,000 feet of anyschool property;
(4) violation of subsection (d) is a class A nonperson misdemeanor,except thatviolation of subsection (d) is a nondrug severity level 9, nonpersonfelony if that persondistributes or causes drug paraphernalia to be distributed to a person under 18years of age orwithin 1,000 feet of any school property.
(f) For persons arrested and charged under subsection (a), bail shall be atleast $50,000cash or surety, unless the court determines, on the record, that the defendantis not likely tore-offend, the court imposes pretrial supervision or the defendant agrees toparticipate in alicensed or certified drug treatment program.
(g) As used in this section, "or under circumstances where one reasonablyshould know"that an item will be used in violation of this section, shall include, but notbe limited to, thefollowing:
(1) Actual knowledge from prior experience or statements by customers;
(2) inappropriate or impractical design for alleged legitimate use;
(3) receipt of packaging material, advertising information or othermanufacturer suppliedinformation regarding the item's use as drug paraphernalia; or
(4) receipt of a written warning from a law enforcement or prosecutorialagency havingjurisdiction that the item has been previously determined to have been designedspecifically foruse as drug paraphernalia.
21-36a10.Unlawful distribution of certain drugprecursors and drug paraphernalia.(a) It shall be unlawful for any person to advertise,market,label, distributeor possess with the intent to distribute:
(1) Any product containing ephedrine, pseudoephedrine, red phosphorus,lithiummetal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia orphenylpropanolamineor their salts, isomers or salts of isomers if the person knows or reasonablyshould know that thepurchaser will use the product to manufacture a controlled substance; or
(2) any product containing ephedrine, pseudoephedrine orphenylpropanolamine, ortheir salts, isomers or salts of isomers for indication of stimulation, mentalalertness, weight loss,appetite control, energy or other indications not approved pursuant to thepertinent federalover-the-counter drug final monograph or tentative final monograph or approvednew drugapplication.
(b) It shall be unlawful for any person to market, distribute or manufacturewith intent todistribute any drug paraphernalia, knowing or under circumstances where onereasonably shouldknow that it will be used to manufacture or distribute a controlled substancein violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto.
(c) It shall be unlawful for any person to distribute, possess with intent todistribute ormanufacture with intent to distribute any drug paraphernalia, knowing or undercircumstanceswhere one reasonably should know, that it will be used as such in violation ofK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto, exceptsubsection (b) of K.S.A. 2009 Supp. 21-36a06, and amendments thereto.
(d) It shall be unlawful for any person to distribute, possess with intent todistribute ormanufacture with intent to distribute any drug paraphernalia, knowing, or undercircumstanceswhere one reasonably should know, that it will be used as such in violation ofsubsection (b) ofK.S.A. 2009 Supp. 21-36a06, and amendments thereto.
(e) (1) Violation of subsection (a) is a drug severity level 2felony;
(2) violation of subsection (b) is a drug severity level 4 felony;
(3) violation of subsection (c) is a level 9, nonperson felony, exceptthat violationof subsection (c) is a drug severity level 4 felony if that persondistributes or causes drugparaphernalia to be distributed to a person under 18 years of age or within1,000 feet of anyschool property;
(4) violation of subsection (d) is a class A nonperson misdemeanor,except thatviolation of subsection (d) is a nondrug severity level 9, nonpersonfelony if that persondistributes or causes drug paraphernalia to be distributed to a person under 18years of age orwithin 1,000 feet of any school property.
(f) For persons arrested and charged under subsection (a), bail shall be atleast $50,000cash or surety, unless the court determines, on the record, that the defendantis not likely tore-offend, the court imposes pretrial supervision or the defendant agrees toparticipate in alicensed or certified drug treatment program.
(g) As used in this section, "or under circumstances where one reasonablyshould know"that an item will be used in violation of this section, shall include, but notbe limited to, thefollowing:
(1) Actual knowledge from prior experience or statements by customers;
(2) inappropriate or impractical design for alleged legitimate use;
(3) receipt of packaging material, advertising information or othermanufacturer suppliedinformation regarding the item's use as drug paraphernalia; or
(4) receipt of a written warning from a law enforcement or prosecutorialagency havingjurisdiction that the item has been previously determined to have been designedspecifically foruse as drug paraphernalia.
