9.17.030 Definitions.
A. Definitions. As used in this chapter:
1. “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.
2. “Distribute” means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. “Distribute” includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. “Distribute” does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the Pharmacy Act of the state of Kansas, the Uniform Controlled Substances Act or otherwise authorized by law.
3. “Drug paraphernalia” means all equipment and materials of any kind which are used or primarily intended or designed 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” includes, 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 substance.
d. Testing equipment used or intended for use in identifying or analyzing the strength, effectiveness or purity of controlled substances.
e. Scales and balances used or intended for 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 marijuana.
h. Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.
i. Capsules, balloons, envelopes, bags 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 primarily intended or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil, phencyclidine (PCP), methamphetamine or amphetamine 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, bongs or smoking pipes designed to draw smoke through water or another cooling device;
(3) Carburetion pipes, glass or other heat resistant tubes or any other device used, intended to be used or designed to be used to cause vaporization of a controlled substance for inhalation;
(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 smoking pipes;
(8) Carburetor smoking pipes;
(9) Electric smoking pipes;
(10) Air-driven smoking pipes;
(11) Chillums;
(12) Bongs;
(13) Ice pipes or chillers;
(14) Any smoking pipe manufactured to disguise its intended purpose;
(15) Wired cigarette papers; or
(16) Cocaine freebase kits.
“Drug paraphernalia” does not include:
a. Any products, chemicals, or materials described in K.S.A. 2022 Supp. 21-5709(a), and amendments thereto; or
b. Any materials used or intended for use to test a substance for the presence of fentanyl, a fentanyl analog, ketamine, or gamma hydroxybutyric acid (GHB).
4. “Person” means any individual, corporation, government or governmental subdivision or agency, business trust, estate trust, partnership, association or other legal entity.
5. “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.
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 distribute 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.
15. Any evidence that alleged paraphernalia can or has been used to store a controlled substance or to introduce a controlled substance into the human body as opposed to any legitimate use for the alleged paraphernalia.
16. Advertising of the item in magazines or other means which specifically glorify, encourage or espouse the illegal use, manufacture, distribution or cultivation of controlled substances.
The fact that the item has not yet been used or did not contain a controlled substance at the time of the seizure is not a defense to a charge that the item was possessed with the intention for use as drug paraphernalia. (Ord. 23-17 § 5, 2023; Ord. 17-48 § 6, 2017; Ord. 12-38 § 12, 2012; Ord. 09-59 § 11, 2009; Ord. 06-71 § 12, 2006; Ord. 89-151 § 8, 1990; Ord. 87-149 § 12, 1987.)