No person shall possess any paraphernalia with the intent to use that paraphernalia for the unlawful use, consumption, or administration of any barbiturate, amphetamine, hallucinogenic drug, marijuana or other controlled substance as defined by K.S.A. § 65-4150.

(a)      “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.

(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.

(Ord. 237; Code 2001)

No person shall possess any barbiturate, amphetamine, hallucinogenic drug, Cannabis Sativa (marijuana) or other controlled substance as defined by K.S.A. § 65-4150, without a written prescription from a licensed physician.

(Ord. 226; Code 2001)

It shall be unlawful for any person within the city limits to smell or inhale the fumes from any elements, compounds or combinations of both elements and compounds as defined in section 11-206 of this article for the purpose of causing a condition of intoxication, hallucination, inebriation, excitement, stupefaction or dulling of his or her brain or nervous system; provided, that nothing in this article shall be interpreted as applying to the inhalation of anesthesia for medical or dental purposes as prescribed or administered by duly authorized personnel.

(Ord. 279, Sec. 1)

No person shall, for the purpose of violating section 11-203 of this article, use or possess for the purpose of using, any of the elements, compounds or combination of both elements and compounds as defined in section 11-206.

(Ord. 279, Sec. 2)

No person shall sell, give or offer to sell or give to any other person any of the elements, compounds or combinations of both elements and compounds as defined in section 206 of this article if he or she has knowledge that the product sold, given or offered to be sold or given will be used for the purpose as set forth in section 11-203 of this article.

(Ord. 279, Sec. 3)

For the purpose of this article elements, compounds or combinations of both elements and compounds shall be defined as any material in a liquid, solid or gaseous state, which contains one or more of the following materials:

(a)      Hydrocarbons, to include but not limited to propane, benzene, toluene;

(b)     Alcohols, to include but not limited to methyl, ethyl, isopropyl and butyl;

(c)      Volatile esters, to include but not limited to ethyl, acetate, butyl acetate, amyl acetate;

(d)     Ketone, to include but not limited to acetone, methyl ethyl ketone, methyl isobutyl ketone;

(e)      Halogenated hydrocarbons, to include but not limited to chloroform, ethylenedichloride, freon;

(f)      Halogenated derivates of hydrocarbons, to include but not limited to pentchlorophenol;

(g)      Ethers, to include but not limited to ethyl ethers;

(h)     Any elements, compounds or combination of both elements and compounds that produce a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his or her brain or nervous system.

(Ord. 279, Sec. 4)

Any person violating any section of this article, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or imprisonment for not more than One (1) Year, or both such fine and imprisonment.

(Code 2001)