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A. No person shall use or possess with intent to use:

1. 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.

2. 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 is a violation of the Uniform Controlled Substances Act.

B. Upon a conviction, plea of no contest or guilty for violation of this Section by a person eighteen (18) or more years of age, but less than twenty-one (21) years of age, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation as described in 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.

C. Violation of subsection (A)(1) of this Section is a Class A Public Offense. Violation of subsection (A)(2) of this Section is a Class A Public Offense if it involves the possession of drug paraphernalia for the planting, propagation, growing or harvesting of less than five (5) marijuana plants. (Ord. 17-48 § 10, 2017.)