K.S.A. Chapter 65 - Public Health

Article 41 - Controlled Substances

Current through the end of the 2015 Legislative Session

65-4101.         Definitions.

65-4102.         Board of pharmacy to administer act; authority to control; report to speaker of house and president of senate on substances proposed for scheduling, rescheduling or deletion; scheduling of the controlled substance analog.

65-4103          Nomenclature.

65-4105.         Substances included in schedule I.

65-4105a.        Treatment of a controlled substance analog.

65-4107          Substances included in schedule II..

65-4109          Substances included in schedule III.

65-4111.         Substances included in schedule IV.

65-4113          Substances included in schedule V.

65-4115          Fees.

65-4116          Registration requirements, exceptions; termination of registration.

65-4117          Registration.

65-4118          Revocation and suspension of registration.

65-4119          Denial, suspension, revocation or refusal to renew registration; order to show cause.

65-4120          Judicial review of board's actions.

65-4121          Registrants to keep records and inventories.

65-4122          Order forms for distribution of substances in schedules I and II.

65-4123          Dispensing; schedule I designated prescription substance; prescriptions, limitations on refilling.

65-4127c         General penalties; criminal penalties not applicable to violations of regulations.

65-4127d        Act supplemental to uniform controlled substances act.

65-4127e         Sentencing under 65-4127a and 65-4127b; substances and quantities; crimes committed prior to July 1, 1993.

65-4128          Penalties in addition to remedies under other laws.

65-4130          Enforcement.

65-4131          Inspection.

65-4132          Injunctions.

65-4133          Search warrant procedure.

65-4134          Identity of patient or research subject of practitioner confidential.

65-4137          Pending proceedings.

65-4138          Medical care facility exemption.

65-4139          Citation of act.

65-4140          Severability.

65-4141          Unlawfully arranging sales or purchases of controlled substances using a communication facility; penalty.

65-4142          Unlawful acts involving proceeds derived from violations of the uniform controlled substances act; penalties.

65-4150          Definitions.

65-4151          Determination of what is "drug paraphernalia"; factors to consider.

65-4152          Simulated controlled substances and drug paraphernalia; use or possession prohibited; penalties.

65-4153          Simulated controlled substances and drug paraphernalia; prohibited acts; penalties.

65-4155          Representation that noncontrolled substance is controlled substance; prohibitions; penalties.

65-4157          Severability of provisions of act.

65-4158          Same; costs and expenses.

65-4159          Unlawful manufacturing or attempting such of any controlled substance; penalty.

65-4159a         Same; violations on or before effective date; penalties.

65-4160          Unlawful acts relating to possession of opiates, opium, narcotic drugs or designated stimulants; penalties.

65-4161          Unlawful acts relating to sale or distribution of opiates, opium, narcotic drugs or designated stimulants; penalties; acts within 1,000 feet of school property.

65-4162          Unlawful acts relating to possession of depressants, stimulants or hallucinogenic drugs or other substances; penalties.

65-4163          Unlawful acts relating to sale or distribution of depressants, stimulants or hallucinogenic drugs or other substances; penalties; acts within 1,000 feet of school property.

65-4164          Unlawful acts relating to certain narcotic drugs; penalties.

65-4165          Abusing toxic vapors.

65-4167          Trafficking in counterfeit drugs.

65-4168          Controlled substances monitoring task force.

65-4101. Definitions.

            As used in this act:

            (a) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: (1) A practitioner or pursuant to the lawful direction of a practitioner; or (2) the patient or research subject at the direction and in the presence of the practitioner.

            (b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a contract carrier, public warehouseman or employee of the carrier or warehouseman.

            (c) "Application service provider" means an entity that sells electronic prescription or pharmacy prescription applications as a hosted service where the entity controls access to the application and maintains the software and records on its server.

            (d) "Board" means the state board of pharmacy.

            (e) "Bureau" means the bureau of narcotics and dangerous drugs, United States department of justice, or its successor agency.

            (f) "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 to these sections.

            (g) (1) "Controlled substance analog" means a substance that is intended for human consumption, and:

            (A) The chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto;

            (B) which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto; or

            (C) with respect to a particular individual, which such individual represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto.

            (2) "Controlled substance analog" does not include:

            (A) A controlled substance;

            (B) a substance for which there is an approved new drug application; or

            (C) a substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the federal food, drug and cosmetic act, 21 U.S.C. § 355, to the extent conduct with respect to the substance is permitted by the exemption.

            (h) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization bears the trademark, trade name or other identifying mark, imprint, number or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

            (i) "Cultivate" means the planting or promotion of growth of five or more plants which contain or can produce controlled substances.

            (j) "DEA" means the U.S. department of justice, drug enforcement administration.

            (k) "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.

            (l) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling or compounding necessary to prepare the substance for that delivery, or pursuant to the prescription of a mid-level practitioner.

            (m) "Dispenser" means a practitioner or pharmacist who dispenses or a physician assistant who has authority to dispense prescription-only drugs in accordance with K.S.A. 65-28a08(b), and amendments thereto..

            (n) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

            (o) "Distributor" means a person who distributes.

            (p) "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 paragraph (1), (2) or (3) of this subsection. It does not include devices or their components, parts or accessories.

            (q) "Immediate precursor" means a substance which the board has found to be and by rule and regulation designates as being the principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

            (r) "Electronic prescription" means an electronically prepared prescription that is authorized and transmitted from the prescriber to the pharmacy by means of electronic transmission.

            (s) "Electronic prescription application" means software that is used to create electronic prescriptions and that is intended to be installed on the prescriber’s computers and servers where access and records are controlled by the prescriber.

            (t) "Electronic signature" means a confidential personalized digital key, code, number or other method for secure electronic data transmissions which identifies a particular person as the source of the message, authenticates the signatory of the message and indicates the person’s approval of the information contained in the transmission.

            (u) "Electronic transmission" means the transmission of an electronic prescription, formatted as an electronic data file, from a prescriber’s electronic prescription application to a pharmacy’s computer, where the data file is imported into the pharmacy prescription application.

            (v) "Electronically prepared prescription" means a prescription that is generated using an electronic prescription application.

            (w) "Facsimile transmission" or "fax transmission" means the transmission of a digital image of a prescription from the prescriber or the prescriber’s agent to the pharmacy. "Facsimile transmission" includes, but is not limited to, transmission of a written prescription between the prescriber’s fax machine and the pharmacy’s fax machine; transmission of an electronically prepared prescription from the prescriber’s electronic prescription application to the pharmacy’s fax machine, computer or printer; or transmission of an electronically prepared prescription from the prescriber’s fax machine to the pharmacy’s fax machine, computer or printer.

            (x) "Intermediary" means any technology system that receives and transmits an electronic prescription between the prescriber and the pharmacy.

            (y) "Isomer" means all enantiomers and diastereomers.

            (z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance either directly or indirectly or 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 substance by an individual for the individual's own lawful use or the preparation, compounding, packaging or labeling of a controlled substance:

            (1) By a practitioner or the practitioner's agent pursuant to a lawful order of a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

            (2) by a practitioner or by the practitioner's authorized agent under such practitioner's supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or medical care facility as an incident to dispensing of a controlled substance.

            (aa) "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.

            (bb) "Medical care facility" shall have the meaning ascribed to that term in K.S.A. 65-425, and amendments thereto.

            (cc) "Mid-level practitioner" means an advanced practice registered nurse issued a license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs pursuant to a written protocol with a responsible physician under K.S.A. 65-1130, and amendments thereto, or a physician assistant licensed under the physician assistant licensure act who has authority to prescribe drugs prior to January 11, 2016, pursuant to a written protocol with a responsible physician under K.S.A. 65-28a08, and amendments thereto, and on and after January 11, 2016, pursuant to a written agreement with a supervising physician under K.S.A. 65-28a08, and amendments thereto.

            (dd) "Narcotic drug" means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

            (1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate;

            (2) any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) but not including the isoquinoline alkaloids of opium;

            (3) opium poppy and poppy straw;

            (4) coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

            (ee) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under K.S.A. 65-4102 and amendments thereto, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

            (ff) "Opium poppy" means the plant of the species Papaver somniferum l. except its seeds.

            (gg) "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

            (hh) "Pharmacist" means any natural person licensed under K.S.A. 65-1625 et seq., and amendments thereto, to practice pharmacy.

            (ii) "Pharmacist intern" means: (1) A student currently enrolled in an accredited pharmacy program; (2) a graduate of an accredited pharmacy program serving such person’s internship; or (3) a graduate of a pharmacy program located outside of the United States which is not accredited and who had successfully passed equivalency examinations approved by the board.

            (jj) "Pharmacy prescription application" means software that is used to process prescription information, is installed on a pharmacy’s computers and servers, and is controlled by the pharmacy.

            (kk) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

            (ll) "Practitioner" means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic licensee, or scientific investigator or other person authorized by law to use a controlled substance in teaching or chemical analysis or to conduct research with respect to a controlled substance.

            (mm) "Prescriber" means a practitioner or a mid-level practitioner.

            (nn) "Production" includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

            (oo) "Readily retrievable" means that records kept by automatic data processing applications or other electronic or mechanized recordkeeping systems can be separated out from all other records within a reasonable time not to exceed 48 hours of a request from the board or other authorized agent or that hard-copy records are kept on which certain items are asterisked, redlined or in some other manner visually identifiable apart from other items appearing on the records.

            (pp) "Ultimate user" means a person who lawfully possesses a controlled substance for such person's own use or for the use of a member of such person's household or for administering to an animal owned by such person or by a member of such person's household.

History: L. 1972, ch. 234, § 1; L. 1974, ch. 258, § 1; L. 1975, ch. 332, § 1; L. 1980, ch. 195, § 1; L. 1985, ch. 214, § 2; L. 1989, ch. 192, § 4; L. 1990, ch. 100, § 7; L. 1994, ch. 160, § 1; L. 1999, ch. 170, § 3; L. 2000, ch. 162, § 21; L. 2001, ch. 31, § 3; L. 2001, ch. 171, § 2; L. 2002, ch. 155, § 2; L. 2003, ch. 124, § 9; L. 2013, ch. 133, § 24; L. 2014, ch. 131, § 50, L. 2015, ch. 46, § 14; July 1.

65-4102. Board of pharmacy to administer act; authority to control; report to speaker of house and president of senate on substances proposed for scheduling, rescheduling or deletion; scheduling of the controlled substance analog.

            (a) The board shall administer this act and may adopt rules and regulations relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state. All rules and regulations of the board shall be adopted in conformance with article 4 of chapter 77 of the Kansas Statutes Annotated and the procedures prescribed by this act.

            (b) Annually, the board shall submit to the speaker of the house of representatives and the president of the senate a report on substances proposed by the board for scheduling, rescheduling or deletion by the legislature with respect to any one of the schedules as set forth in this act, and reasons for the proposal shall be submitted by the board therewith. In making a determination regarding the proposal to schedule, reschedule or delete a substance, the board shall consider the following:

            (1) The actual or relative potential for abuse;

            (2) the scientific evidence of its pharmacological effect, if known;

            (3) the state of current scientific knowledge regarding the substance;

            (4) the history and current pattern of abuse;

            (5) the scope, duration and significance of abuse;

            (6) the risk to the public health;

            (7) the potential of the substance to produce psychological or physiological dependence liability; and

            (8) whether the substance is an immediate precursor of a substance already controlled under this article.

            (c) The board shall not include any nonnarcotic substance within a schedule if such substance may be lawfully sold over the counter without a prescription under the federal food, drug and cosmetic act.

            (d) Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.

            (e) Upon receipt of notice under K.S.A. 65-4105a, the board shall initiate scheduling of the controlled substance analog on an emergency basis pursuant to this subsection. The scheduling of a substance under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors set forth in subsections (b)(4), (5) and (6), and may also consider clandestine importation, manufacture or distribution, and if available, information concerning the other factors set forth in subsection (b). A rule may not be adopted under this subsection until the board initiates a rulemaking proceeding under subsection (a) with respect to the substance. A rule adopted under this subsection lapses upon the conclusion of the rulemaking proceeding initiated under subsection (a) with respect to the substance.

History: L. 1972, ch. 234, § 2; L. 1974, ch. 258, § 2; L. 1982, ch. 269, § 1; L. 1994, ch. 160, § 2; July 1.

65-4103. Nomenclature.

            The controlled substances listed or to be listed in the schedules in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113 are included by whatever official, common, usual, chemical, or trade name designated.

History: L. 1972, ch. 234, § 3; July 1.

65-4105. Substances included in schedule I.

            (a) The controlled substances listed in this section are included in schedule I and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it.

            (b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

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            (1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl] -N-phenylacetamide.................9815

            (2) Acetylmethadol.................9601

            (3) Allylprodine.................9602

            (4) Alphacetylmethadol.................9603 (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate or LAAM)

            (5) Alphameprodine.................9604

            (6) Alphamethadol.................9605

            (7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).................9814

            (8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4-piperidinyl] -N-phenylpropanamide).................9832

            (9) Benzethidine.................9606

            (10) Betacetylmethadol.................9607

            (11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl] -N-phenylpropanamide................. 9830

            (12) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl] -N-phenylpropanamide.................9831

            (13) Betameprodine.................9608

            (14) Betamethadol.................9609

            (15) Betaprodine.................9611

            (16) Clonitazene.................9612

            (17) Dextromoramide.................9613

            (18) Diampromide.................9615

            (19) Diethylthiambutene.................9616

            (20) Difenoxin................. 9168

            (21) Dimenoxadol.................9617

            (22) Dimepheptanol.................9618

            (23) Dimethylthiambutene.................9619

            (24) Dioxaphetyl butyrate.................9621

            (25) Dipipanone.................9622

            (26) Ethylmethylthiambutene.................9623

            (27) Etonitazene.................9624

            (28) Etoxeridine.................9625

            (29) Furethidine.................9626

            (30) Hydroxypethidine.................9627

            (31) Ketobemidone.................9628

            (32) Levomoramide.................9629

            (33) Levophenacylmorphan.................9631

            (34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl] -N-phenylpropanamide).................9813

            (35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]- N-phenylpropanamide).................9833

            (36) Morpheridine.................9632

            (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine).................9661

            (38) Noracymethadol.................9633

            (39) Norlevorphanol.................9634

            (40) Normethadone.................9635

            (41) Norpipanone.................9636

            (42) Para-fluorofentanyl (N- (4-fluorophenyl)-N-[1-(2-phenethyl) -4-piperidinyl] propanamide.................9812

            (43) PEPAP (1-(-2-phenethyl)-4-phenyl -4-acetoxypiperidine).................9663

            (44) Phenadoxone.................9637

            (45) Phenampromide.................9638

            (46) Phenomorphan.................9647

            (47) Phenoperidine.................9641

            (48) Piritramide.................9642

            (49) Proheptazine.................9643

            (50) Properidine.................9644

            (51) Propiram.................9649

            (52) Racemoramide.................9645

            (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide................. 9835

            (54) Tilidine.................9750

            (55) Trimeperidine.................9646

            (c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

            (1) Acetorphine.................9319

            (2) Acetyldihydrocodeine.................9051

            (3) Benzylmorphine.................9052

            (4) Codeine methylbromide.................9070

            (5) Codeine-N-Oxide.................9053

            (6) Cyprenorphine.................9054

            (7) Desomorphine.................9055

            (8) Dihydromorphine.................9145

            (9) Drotebanol.................9335

            (10) Etorphine (except hydrochloride salt).................9056

            (11) Heroin.................9200

            (12) Hydromorphinol.................9301

            (13) Methyldesorphine.................9302

            (14) Methyldihydromorphine.................9304

            (15) Morphine methylbromide.................9305

            (16) Morphine methylsulfonate.................9306

            (17) Morphine-N-Oxide.................9307

            (18) Myrophine.................9308

            (19) Nicocodeine.................9309

            (20) Nicomorphine.................9312

            (21) Normorphine.................9313

            (22) Pholcodine.................9314

            (23) Thebacon.................9315

            (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

            (1) 4-bromo-2,5-dimethoxy-amphetamine.................7391 Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.

            (2) 2,5-dimethoxyamphetamine.................7396 Some trade or other names: 2,5-dimethoxy-alpha-methyl-phenethylamine; 2,5-DMA.

            (3) 4-methoxyamphetamine.................7411 Some trade or other names: 4-methoxy-alpha-methylphene- thylamine; paramethoxyamphetamine; PMA.

            (4) 5-methoxy-3,4-methylenedioxy-amphetamine.................7401

            (5) 4-methyl-2,5-dimethoxy-amphetamine.................7395 Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP".

            (6) 3,4-methylenedioxy amphetamine.................7400

            (7) 3,4-methylenedioxymethamphetamine (MDMA).................7405

            (8) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, and MDEA).................7404

            (9) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy) phenethylamine, and N-hydroxy MDA).................7402

            (10) 3,4,5-trimethoxy amphetamine.................7390

            (11) Bufotenine.................7433 Some trade or other names: 3-(Beta-Dimethyl- aminoethyl)-5-hydroxyindole; 3-(2-dimethyl- aminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.

            (12) Diethyltryptamine.................7434 Some trade or other names: N,N-Diethyltryptamine; DET.

            (13) Dimethyltryptamine.................7435 Some trade or other names: DMT.

            (14) Ibogaine.................7260 Some trade or other names: 7-Ethyl-6,6 Beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano -5H-pyrido[1',2':1,2] azepino [5,4-b]indole; Tabernanthe iboga.

            (15) Lysergic acid diethylamide.................7315

            (16) Marijuana.................7360

            (17) Mescaline.................7381

            (18) Parahexyl.................7374 Some trade or other names: 3-Hexyl-l-hydroxy-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.

            (19) Peyote.................7415 Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.

            (20) N-ethyl-3-piperidyl benzilate.................7482

            (21) N-methyl-3-piperidyl benzilate.................7484

            (22) Psilocybin.................7437

            (23) Psilocyn.................7438

            (24) Tetrahydrocannabinols.................7370 Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

            (25) Ethylamine analog of phencyclidine.................7455 Some trade or other names: N-ethyl-1-phenyl- cyclo-hexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE.

            (26) Pyrrolidine analog of phencyclidine.................7458 Some trade or other names: 1-(1-phenylcyclo- hexyl)-pyrrolidine; PCPy; PHP.

            (27) Thiophene analog of phencyclidine.................7470 Some trade or other names: 1-[1-(2-thienyl)- cyclohexyl]-piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP.

            (28) 1-[1-(2-thienyl)-cyclohexyl] pyrrolidine................. 7473 Some other names: TCPy

            (29) 2,5-dimethoxy-4-ethylamphetamine.................7399 Some trade or other names: DOET

            (30)     Salvia divinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.

            (31)     Datura stramonium, commonly known as gypsum weed or jimson weed; all parts of the plant presently classified botanically as datura stramonium, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.

            (32)     1-(3-[trifluoromethylphenyl])piperazine Some trade or other names: TFMPP.

            (33)     4-Bromo-2,5-dimethoxyphenethylamine ......................... 7392

            (34)     2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of optical isomers ......... 7348

            (35)     Alpha-methyltryptamine (other name: AMT) .................. 7432

            (36)     5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts and salts of isomers .................................. 7439

            (37)     2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E) ......... 7509

            (38)     2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D) ...... 7508

            (39)     2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C) ...... 7519

            (40)     2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I) ........... 7518

            (41)     2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2) ............................................................................. 7385

            (42)     2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4) .................................................................... 7532

            (43)     2-(2,5-Dimethoxyphenyl)ethanamine (2C-H) ................... 7517

            (44)     2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C-N) ........ 7521

            (45)     2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)... 7524

            (46)     5–methoxy–N,N–dimethyltryptamine (5–MeO–DMT) ....... 7431 Some trade or other names: 5–methoxy–3–[2–(dimethylamino)ethyl]indole.

            (47)     2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine ........................................... 7538 Some trade or other names: 25I–NBOMe; 2C–I–NBOMe; 25I; Cimbi–5.

            (48)     2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine ........................................... 7537 Some trade or other names: 25C–NBOMe; 2C–C–NBOMe; 25C; Cimbi–82.

            (49)     2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine ........................................... 7536 Some trade or other names: 25B–NBOMe; 2C–B–NBOMe; 25B; Cimbi–36.

            (50)     2-(2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Some trade or other names: 25H-NBOMe.

            (51)     2-(2,5-dimethoxy-4-methylphenyl)-N-(2-methoxybenzyl)ethanamine Some trade or other names: 25D-NBOMe; 2C-D-NBOMe.

            (e) Any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

            (1) Mecloqualone.................2572

            (2) Methaqualone.................2565

            (3) Gamma hydroxybutyric acid

            (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

            (1) Fenethylline.................1503

            (2) N-ethylamphetamine.................1475

            (3) (+)cis-4-methylaminorex ((+)cis-4,5-dihydro-4-methyl-5-phenyl- 2-oxazolamine).................1590

            (4) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl- benzeneethanamine; N,N-alpha-trimethylphenethylamine).................1480

            (5) Cathinone (some other names: 2-amino-1-phenol-1-propanone, alpha-amino propiophenone, 2-amino propiophenone and norphedrone).................1235

            (g) Any material, compound, mixture or preparation which contains any quantity of the following substances:

            (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers ...................................................................... 9818

            (2) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers ...................................................................... 9834

            (3) Aminorex (some other names: Aminoxaphen 2-amino-5-phenyl-2-oxazoline or 4,5-dihydro-5-phenyl-2-oxazolamine, its salts, optical isomers and salts of optical isomers) ........ 1585

            (4) Alpha-ethyltryptamine, its optical isomers, salts and salts of isomers .................................................................. 7249

Some other names: etryptamine, alpha-methyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole.

            (h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

            (1) Tetrahydrocannabinols ................................................. 7370

            Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers Delta 6 cisor trans tetrahydrocannabinol, and their optical isomers Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)

            (2) Naphthoylindoles Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4- morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

            (3) Naphthylmethylindoles Any compound containing a 1H-indol-3-yl-(1- naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

            (4) Naphthoylpyrroles Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent.

(5) Naphthylmethylindenes

Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4- morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent.

(6) Phenylacetylindoles

Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.

(7) Cyclohexylphenols

Any compound containing a 2-(3- hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent.

(8) Benzoylindoles

Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

(9) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone. Some trade or other names: WIN 55,212-2.

(10) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names: HU-210, HU-211.

            (11) Tetramethylcyclopropanoylindoles

            Any compound containing a 3-tetramethylcyclopropanoylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4- morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1- (N-methyl-3- morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the tetramethylcyclopropyl ring to any extent.

            (12) Indole-3-carboxylate esters

            Any compound containing a 1H-indole-3-carboxylate ester structure with the ester oxygen bearing a naphthyl, quinolinyl, isquinolinyl, or ada- mantyl group and substitution at the 1 position of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, N-methyl-2-piperidinylmethyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent and whether or not further substituted on the naphthyl, quinolinyl, isquinolinyl, adamantyl or benzyl groups to any extent.

            (13) Indazole-3-carboxamides

            Any compound containing a 1H-indazole-3-carboxamide structure with substitution at the nitrogen of the carboxamide by a naphthyl, quinolinyl, isquinolinyl, adamantyl or 1-amino-1-oxoalkan-2-yl group and substitution at the 1 position of the indazole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, N-methyl-2-piperidinylmethyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted on the indazole ring to any extent and whether or not further substituted on the naphthyl, quinolinyl, isquinolinyl, adamantyl, 1-amino-1-oxoalkan-2-yl, or benzyl groups to any extent.

            (14) (1H-indazol-3-yl)methanones

            Any compound containing a (1H-indazol-3-yl)methanone structure with the carbonyl carbon bearing a naphthyl group and substitution at the 1 position of the indazole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, N-methyl-2-piperidinylmethyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indazole ring to any extent and whether or not substituted on the naphthyl or benzyl groups to any extent.

History: L. 1972, ch. 234, § 5; L. 1982, ch. 269, § 2; L. 1985, ch. 220, § 1; L. 1986, ch. 241, § 1; L. 1987, ch. 244, § 1; L. 1989, ch. 200, § 1; L. 1991, ch. 199, § 1; L. 1992, ch. 174, § 1; L. 1993, ch. 70, § 1; L. 1994, ch. 54, § 1; L. 2001, ch. 171, § 3; L. 2008, ch. 124, § 1; L. 2013, ch. 67, § 1; L. 2014, ch. 79, § 1; L. 2015, ch. 27, § 1; April 16.

65-4105a. Treatment of a controlled substance analog.

            A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of this act, as a substance included in K.S.A. 65-4105 and amendments thereto. Within 10 days after the initiation of prosecution with respect to a controlled substance analog by indictment, complaint or information, the prosecuting attorney shall notify the board of information relevant to emergency scheduling as provided for in subsection (e) of K.S.A. 65-4102 and amendments thereto. After final determination that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued. The provisions of this section shall be part of and supplemental to the uniform controlled substances act.

History: L. 1994, ch. 160, § 5; July 1.

65-4107. Substances included in schedule II.

            (a) The controlled substances listed in this section are included in schedule II and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it.

            (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by combination of extraction and chemical synthesis:

            (1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone and their respective salts, but including the following:

--------------------------------------------------------------------------------

            (A) Raw opium.................9600

            (B) Opium extracts.................9610

            (C) Opium fluid.................9620

            (D) Powdered opium.................9639

            (E) Granulated opium.................9640

            (F) Tincture of opium.................9630

            (G) Codeine.................9050

            (H) Ethylmorphine.................9190

            (I) Etorphine hydrochloride.................9059

            (J) Hydrocodone.................9193

            (K) Hydromorphone.................9150

            (L) Metopon.................9260

            (M) Morphine.................9300

            (N) Oxycodone.................9143

            (O) Oxymorphone.................9652

            (P) Thebaine.................9333

            (2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium.

            (3) Opium poppy and poppy straw.

            (4) Coca leaves (9040) and any salt, compound, derivative or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine (9041) or ecgonine (9180).

            (5) Cocaine, its salts, isomers and salts of isomers (9041).

            (6) Ecgonine, its salts, isomers and salts of isomers (9180).

            (7) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy) (9670).

            (c) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation dextrorphan and levopropoxyphene excepted:


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            (1) Alfentanil.................9737

            (2) Alphaprodine.................9010

            (3) Anileridine.................9020

            (4) Bezitramide.................9800

            (5) Bulk dextropropoxyphene (nondosage forms).................9273

            (6) Carfentanil.................9743

            (7) Dihydrocodeine.................9120

            (8) Diphenoxylate.................9170

            (9) Fentanyl.................9801

            (10) Isomethadone.................9226

            (11) Levomethorphan.................9210

            (12) Levorphanol.................9220

            (13) Metazocine.................9240

            (14) Methadone.................9250

            (15) Methadone-intermediate,4-cyano-2-dimethyl amino-4,4-diphenyl butane.................9254

            (16) Moramide-intermediate, 2-methyl-3- morpholino-1, 1-diphenylpropane-carboxylic acid.................9802

            (17) Pethidine (meperidine).................9230

            (18) Pethidine-intermediate-A, 4-cyano-1-methyl- 4-phenylpiperidine.................9232

            (19) Pethidine-intermediate-B, ethyl-4-phenyl- piperidine-4-carboxylate.................9233

            (20) Pethidine-intermediate-C, 1-methyl-4-phenyl- piperidine-4-carboxylic acid.................9234

            (21) Phenazocine.................9715

            (22) Piminodine.................9730

            (23) Racemethorphan.................9732

            (24) Racemorphan.................9733

            (25) Sufentanil.................9740

            (26) Levo-alphacetyl methadol.................9648

Some other names: levo-alpha-acetyl methadol, levomethadyl acetate or LAAM.

            (d) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

            (1) Amphetamine, its salts, optical isomers and salts of its optical isomers.................1100

            (2) Phenmetrazine and its salts.................1631

            (3) Methamphetamine, including its salts, isomers and salts of isomers.................1105

            (4) Methylphenidate.................1724

            (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:


--------------------------------------------------------------------------------


            (1) Amobarbital.................2125

            (2) Glutethimide.................2550

            (3) Secobarbital.................2315

            (4) Pentobarbital.................2270

            (5) Phencyclidine.................7471

            (f) Any material, compound, mixture, or preparation which contains any quantity of the following substances:

            (1) Immediate precursor to amphetamine and methamphetamine:

--------------------------------------------------------------------------------

            (A) Phenylacetone.................8501 Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.

            (2) Immediate precursors to phencyclidine (PCP):

            (A) 1-phenylcyclohexylamine.................7460

            (B) 1-piperidinocyclohexanecarbonitrile (PCC).................8603

            (g) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substance, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

--------------------------------------------------------------------------------

            Nabilone.................7379

[Another name for nabilone: ()-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a- hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d] pyran-9-one]

            (h) Any material, compound, mixture or preparation containing any of the following narcotic drugs or any salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

            (1) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with a fourfold or greater quantity of an isoquinoline alkaloid of opium . . . . . 9805

            (2) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts . . . . . . . . . . . . 9806

History: L. 1972, ch. 234, § 7; L. 1974, ch. 258, § 3; L. 1978, ch. 257, § 1; L. 1980, ch. 195, § 2; L. 1982, ch. 269, § 3; L. 1985, ch. 220, § 2; L. 1986, ch. 241, § 2; L. 1987, ch. 244, § 2; L. 1989, ch. 200, § 2; L. 1991, ch. 199, § 2; L. 1992, ch. 174, § 2; L. 1994, ch. 54, § 2; L. 2000, ch. 108, § 2; L. 2015, ch. 27, § 2; April 16.

65-4109. Substances included in schedule III.

            (a) The controlled substances listed in this section are included in schedule III and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it.

            (b) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:


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(1) Any compound, mixture or preparation containing:

            (A) Amobarbital.................2126

            (B) Secobarbital.................2316

            (C) Pentobarbital.................2271

or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule.

(2) Any suppository dosage form containing:

            (A) Amobarbital................. 2126

            (B) Secobarbital................. 2316

            (C) Pentobarbital................. 2271

or any salt of any of these drugs and approved by the Food and Drug Administration for marketing only as a suppository.

(3) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules.................2100

(4) Chlorhexadol.................2510

(5) Lysergic acid.................7300

(6) Lysergic acid amide.................7310

(7) Methyprylon.................2575

(8) Sulfondiethylmethane.................2600

(9) Sulfonethylmethane.................2605

(10) Sulfonmethane.................2610

(11) Tiletamine and zolazepam or any salt thereof.................7295

            Some trade or other names for a tiletamine-zolazepam combination product: Telazol

            Some trade or other names for tiletamine: 2- (ethylamino)-2-(2-thienyl)-cyclohexanone

            Some trade or other names for zolazepam: 4- (2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo- [3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon

(12) Ketamine, its salts, isomers, and salts of isomers.................7285

Some other names for ketamine: (plus-minus) -2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone

(13) Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or preparation of gamma hydroxybutyric acid contained in a drug product for which an application has been approved under section 505 of the federal food, drug and cosmetic act.

            (14) Embutramide . . . . . . . . . . . . . . . . 2020

            (15) Perampanel, its salts, isomers, and salts of isomers . . . . . . . . . . . . . . . . 2261

            Some other names for perampanel: 2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2 dihydropyridin-3-yl) benzonitrile

(c) Nalorphine.................9400

            (d) Any material, compound, mixture or preparation containing any of the following narcotic drugs or any salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

            (1) Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.................9803

            (2) not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.................9804

            (3) not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.................9807

            (4) not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.................9808

            (5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts . . . . . . . 9809

            (6) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.................9809

            (7) not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.................9810

            (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Those compounds, mixtures or preparations in dosage unit form containing any stimulant substance listed in schedule II, which compounds, mixtures or preparations were listed on August 25, 1971, as excepted compounds under section 308.32 of title 21 of the code of federal regulations, and any other drug of the quantitive composition shown in that list for those drugs or which is the same, except that it contains a lesser quantity of controlled substances.................1405

(2) Benzphetamine.................1228

(3) Chlorphentermine.................1645

(4) Chlortermine.................1647

(5) Phendimetrazine.................1615

(f) Anabolic steroids.................4000

"Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:

(1) boldenone

(2) chlorotestosterone (4-chlortestosterone)

(3) clostebol

(4) dehydrochlormethyltestosterone

(5) dihydrotestosterone (4-dihydrotestosterone)

(6) drostanolone

(7) ethylestrenol

(8) fluoxymesterone

(9) formebulone (formebolone)

(10) mesterolone

(11) methandienone

(12) methandranone

(13) methandriol

(14) methandrostenolone

(15) methasterone (2,17-dimethyl-5-androstan-17-ol-3-one)

(16) methenolone

(17) methyltestosterone

(18) mibolerone

(19) nandrolone

(20) norethandrolone

(21) oxandrolone

(22) oxymesterone

(23) oxymetholone

(24) prostanozol (17-hydroxy-5-androstano[3,2-c]pyrazole)

(25) stanolone

(26) stanozolol

(27) testolactone

(28) testosterone

(29) trenbolone

(30) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.

            (A) Except as provided in (B), such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States' secretary of health and human services for such administration.

            (B) If any person prescribes, dispenses or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this subsection (f).

            (g) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substance, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product.................7369

Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro -6-6-9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-0l, or (-)-delta-9- (trans)-tetrahydrocannabinol.

            (h) The board may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

History: L. 1972, ch. 234, § 9; L. 1974, ch. 258, § 4; L. 1978, ch. 257, § 2; L. 1982, ch. 269, § 4; L. 1985, ch. 220, § 3; L. 1989, ch. 200, § 3; L. 1991, ch. 199, § 3; L. 1992, ch. 174, § 3; L. 2000, ch. 108, § 3; L. 2001, ch. 171, § 4; L. 2014, ch. 79, § 2; L. 2015, ch. 27, § 3; April 16.

65-4111. Substances included in schedule IV.

            (a) The controlled substances listed in this section are included in schedule IV and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it.

            (b) Any material, compound, mixture or preparation which contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation and having a potential for abuse associated with a depressant effect on the central nervous system:


--------------------------------------------------------------------------------


(1) Alprazolam.................2882

(2) Barbital.................2145

(3) Bromazepam.................2748

(4) Camazepam.................2749

(5) Chloral betaine.................2460

(6) Chloral hydrate.................2465

(7) Chlordiazepoxide.................2744

(8) Clobazam.................2751

(9) Clonazepam.................2737

(10) Clorazepate.................2768

(11) Clotiazepam.................2752

(12) Cloxazolam.................2753

(13) Delorazepam.................2754

(14) Diazepam.................2765

(15) Estazolam.................2756

(16) Ethchlorvynol.................2540

(17) Ethinamate.................2545

(18) Ethyl loflazepate.................2758

(19) Fludiazepam.................2759

(20) Flunitrazepam.................2763

(21) Flurazepam.................2767

(22) Halazepam.................2762

(23) Haloxazolam.................2771

(24) Ketazolam.................2772

(25) Loprazolam.................2773

(26) Lorazepam.................2885

(27) Lormetazepam.................2774

(28) Mebutamate.................2800

(29) Medazepam.................2836

(30) Meprobamate.................2820

(31) Methohexital.................2264

(32) Methylphenobarbital (mephobarbital).................2250

(33) Midazolam.................2884

(34) Nimetazepam.................2837

(35) Nitrazepam.................2834

(36) Nordiazepam.................2838

(37) Oxazepam.................2835

(38) Oxazolam.................2839

(39) Paraldehyde.................2585

(40) Petrichloral.................2591

(41) Phenobarbital.................2285

(42) Pinazepam.................2883

(43) Prazepam.................2764

(44) Quazepam.................2881

(45) Temazepam.................2925

(46) Tetrazepam.................2886

(47) Triazolam.................2887

(48) Zolpidem.................2783

(49) Zaleplon.................2781

(50) Triazolam . . . . . . . . 2887

(51) Zolpidem . . . . . . . . 2783

(52) Zaleplon . . . . . . . 2781

(53) Zopiclone . . . . . . 2784

(54) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers (including tramadol) 9752

(55) Alfaxalone . . . . . . . . . . . 2731

(56) Suvorexant . . . . . . . . . 2223

            (c) Any material, compound, mixture, or preparation which contains any quantity of fenfluramine (1670), including its salts, isomers (whether optical, position or geometric) and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible. The provisions of this subsection (c) shall expire on the date fenfluramine and its salts and isomers are removed from schedule IV of the federal controlled substances act (21 United States code 812; 21 code of federal regulations 1308.14).

            (d) Any material, compound, mixture or preparation which contains any quantity of lorcaserin (1625), including its salts, isomers and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible (21 U.S.C. § 812; 21 code of federal regulations 1308.14).

            (e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Cathine ((+)-norpseudoephedrine).................1230

(2) Diethylpropion.................1610

(3) Fencamfamin.................1760

(4) Fenproporex.................1575

(5) Mazindol.................1605

(6) Mefenorex.................1580

(7) Pemoline (including organometallic complexes and chelates thereof).................1530

(8) Phentermine.................1640

            The provisions of this subsection (d)(8) shall expire on the date phentermine and its salts and isomers are removed from schedule IV of the federal controlled substances act (21 United States code 812; 21 code of federal regulations 1308.14).

(9) Pipradrol.................1750

(10) SPA((-)-1-dimethylamino-1,2-diphenylethane).................1635

(11) Sibutramine.................1675

(12) Mondafinil.................1680

            (f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following, including salts thereof:

(1) Pentazocine.................9709

(2) Butorphanol (including its optical isomers).................9720

            (g) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.................9167

(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3- methyl-2-propionoxybutane).................9278

            (h) Butyl nitrite and its salts, isomers, esters, ethers or their salts.

            (i) The board may except by rule and regulation any compound, mixture or preparation containing any depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

History: L. 1972, ch. 234, § 11; L. 1974, ch. 258, § 5; L. 1978, ch. 257, § 3; L. 1979, ch. 204, § 1; L. 1982, ch. 269, § 5; L. 1985, ch. 220, § 4; L. 1986, ch. 241, § 3; L. 1989, ch. 200, § 4; L. 1990, ch. 231, § 1; L. 1991, ch. 199, § 4; L. 1993, ch. 70, § 2; L. 1996, ch. 257, § 2; L. 1998, ch. 190, § 1; L. 2000, ch. 108, § 4;. L. 2001, ch. 171, § 5; L. 2014, ch. 79, § 3; L. 2015, ch. 27, § 4; April 16.

65-4113. Substances included in schedule V.

            (a) The controlled substances or drugs, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section are included in schedule V.

            (b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing the following narcotic drug or its salts:

Buprenorphine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9064

            (c) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

            (1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams.

            (2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams.

            (3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams.

            (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.

            (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

            (6) Not more than .5 milligram of difenoxin (9168) and not less than 25 micrograms of atropine sulfate per dosage unit.

            (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

            (1) Propylhexedrine (except when part of a compound used for nasal decongestion which is authorized to be sold lawfully over the counter without a prescription under the federal food, drug and cosmetic act, so long as it is used only for such

purpose). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8161

            (2) Pyrovalerone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1485

            (e) Any compound, mixture or preparation containing any detectable quantity of ephedrine, its salts or optical isomers, or salts of optical isomers.

            (f) Any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.

History: L. 1972, ch. 234, § 13; L. 1982, ch. 269, § 6; L. 1984, ch. 243, § 1; L. 1985, ch. 220, § 5; L. 1991, ch. 199, § 5; L. 1992, ch. 174, § 4; L. 1995, ch. 218, § 3; L. 2005, ch. 153, § 2; L. 2007, ch. 169, § 12; May 17.

65-4115. Fees.

            The board may charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.

History: L. 1972, ch. 234, § 15; L. 1974, ch. 258, § 7; July 1.


65-4116. Registration requirements, exceptions; termination of registration.

            (a) Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state shall obtain annually a registration issued by the board in accordance with the uniform controlled substances act and with rules and regulations adopted by the board.

            (b) Persons registered by the board under this act to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this act.

            (c) The following persons need not register and may lawfully possess controlled substances under this act, as specified in this subsection:

            (1) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of such agent or employee's business or employment;

            (2) a contract carrier or warehouseman or an employee thereof whose possession of any controlled substance is in the usual course of business or employment;

            (3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or a mid-level practitioner or in lawful possession of a schedule V substance;

            (4) persons licensed and registered by the board under the provisions of the acts contained in article 16 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, to manufacture, dispense or distribute drugs are considered to be in compliance with the registration provision of the uniform controlled substances act without additional proceedings before the board or the payment of additional fees, except that manufacturers and distributors shall complete and file the application form required under the uniform controlled substances act;

            (5) any person licensed by the state board of healing arts under the Kansas healing arts act;

            (6) any person licensed by the state board of veterinary examiners;

            (7) any person licensed by the Kansas dental board;

            (8) a mid-level practitioner; and

            (9) any person who is a member of the Native American Church, with respect to use or possession of peyote, whose use or possession of peyote is in, or for use in, bona fide religious ceremonies of the Native American Church, but nothing in this paragraph shall authorize the use or possession of peyote in any place used for the confinement or housing of persons arrested, charged or convicted of criminal offenses or in the state security hospital.

            (d) The board may waive by rules and regulations the requirement for registration of certain manufacturers, distributors or dispensers if the board finds it consistent with the public health and safety, except that licensure of any person by the state board of healing arts to practice any branch of the healing arts, Kansas dental board or the state board of veterinary examiners shall constitute compliance with the registration requirements of the uniform controlled substances act by such person for such person's place of professional practice. Evidence of abuse as determined by the board relating to a person licensed by the state board of healing arts shall be submitted to the state board of healing arts and the attorney general within 60 days. The state board of healing arts shall, within 60 days, make findings of fact and take such action against such person as it deems necessary. All findings of fact and any action taken shall be reported by the state board of healing arts to the board of pharmacy and the attorney general. Evidence of abuse as determined by the board relating to a person licensed by the state board of veterinary examiners shall be submitted to the state board of veterinary examiners and the attorney general within 60 days. The state board of veterinary examiners shall, within 60 days, make findings of fact and take such action against such person as it deems necessary. All findings of fact and any action taken shall be reported by the state board of veterinary examiners to the board of pharmacy and the attorney general. Evidence of abuse as determined by the board relating to a dentist licensed by the Kansas dental board shall be submitted to the Kansas dental board and the attorney general within 60 days. The Kansas dental board shall, within 60 days, make findings of fact and take such action against such dentist as it deems necessary. All findings of fact and any action taken shall be reported by the Kansas dental board to the board of pharmacy and the attorney general.

            (e) A separate annual registration is required at each place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.

            (f) The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules and regulations.

            (g) (1) The registration of any person or location shall terminate when such person or authorized representative of a location dies, ceases legal existence, discontinues business or professional practice or changes the location as shown on the certificate of registration. Any registrant who ceases legal existence, discontinues business or professional practice, or changes location as shown on the certificate of registration, shall notify the board promptly of such fact and forthwith deliver the certificate of registration directly to the secretary or executive secretary of the board. In the event of a change in name or mailing address the person or authorized representative of the location shall notify the board promptly in advance of the effective date of this change by filing the change of name or mailing address with the board. This change shall be noted on the original application on file with the board.

            (2) No registration or any authority conferred thereby shall be assigned or otherwise transferred except upon such conditions as the board may specifically designate and then only pursuant to the written consent of the board.

History: L. 1972, ch. 234, § 16; L. 1973, ch. 258, § 1; L. 1974, ch. 259, § 1; L. 1981, ch. 253, § 1; L. 1987, ch. 244, § 3; L. 1999, ch. 87, § 4; L. 1999, ch. 149, § 9; April 1, 2000; L. 2003, ch. 124, § 10 (HB 2160); July 1.


65-4117. Registration.

            (a) The board shall register an applicant to manufacture, dispense or distribute controlled substances included in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:

            (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;

            (2) compliance with applicable state and local law;

            (3) any conviction of the applicant under any federal and state laws relating to any controlled substance;

            (4) past experience in the manufacture, dispensing or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;

            (5) furnishing by the applicant of false or fraudulent material in any application filed under this act;

            (6) suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and

            (7) any other factors relevant to and consistent with the public health and safety.

            (b) Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in the registration.

            (c) Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to prescribe or to conduct research under the laws of this state.

            (d) Pharmacists shall be registered to dispense schedule I designated prescription substances and controlled substances in schedules II through V if none of the grounds for revocation, suspension or refusal to renew a registration exist at the time of application.

            (e) The board need not require separate registration under this act for practitioners or pharmacists engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this act in another capacity. Practitioners or pharmacists registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.

            (f) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this act.

History: L. 1972, ch. 234, § 17; L. 1986, ch. 242, § 1; May 1.


65-4118. Revocation and suspension of registration.

            (a) A registration under K.S.A. 65-4117 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant:

            (1) Has furnished false or fraudulent material information in any application filed under this act;

            (2) has been convicted of a felony under any state or federal law relating to any controlled substance;

            (3) has violated any rule or regulation of the board controlling the manufacture, distribution or dispensing of the controlled substances contained in the schedules promulgated in the rules and regulations of the board; or

            (4) has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances.

            (b) The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

            (c) If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition shall be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court upon application therefor orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances shall be forfeited to the state.

            (d) The board shall promptly notify the bureau of all orders suspending or revoking registration and all forfeitures of controlled substances.

History: L. 1972, ch. 234; § 18; L. 1974, ch. 258, § 8; July 1.


65-4119. Denial, suspension, revocation or refusal to renew registration; order to show cause.

            (a) Before denying, suspending or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused. In the case of a denial or renewal of registration the show cause order shall be served not later than 15 days before the expiration of the registration. Proceedings on a show cause order shall be conducted in accordance with the provisions of the Kansas administrative procedure act without regard to any criminal prosecution or other proceeding.

            (b) In accordance with the provisions of K.S.A. 77-536 and amendments thereto, the board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under K.S.A. 65-4118 and amendments thereto, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.

History: L. 1972, ch. 234, § 19; L. 1988, ch. 356, § 213; July 1, 1989.


65-4120. Judicial review of board's actions.

            Any action of the board pursuant to the uniform controlled substances act is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.

History: L. 1972, ch. 234, § 20; L. 1986, ch. 318, § 109; July 1.


65-4121. Registrants to keep records and inventories.

            Persons registered to manufacture, distribute or dispense controlled substances under this act shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules and regulations the board issues.

History: L. 1972, ch. 234, § 21; July 1.


65-4122. Order forms for distribution of substances in schedules I and II.

            Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.

History: L. 1972, ch. 234, § 22; July 1.


65-4123. Dispensing; schedule I designated prescription substance; prescriptions, limitations on refilling.

            (a) Except as otherwise provided in K.S.A. 65-4117 and amendments thereto or in this subsection (a), no schedule I controlled substance may be dispensed. The board by rules and regulations may designate in accordance with the provisions of this subsection (a) a schedule I controlled substance as a schedule I designated prescription substance. A schedule I controlled substance designated as a schedule I designated prescription substance may be dispensed only upon the written prescription of a practitioner. Prior to designating a schedule I controlled substance as a schedule I designated prescription substance, the board shall find: (1) That the schedule I controlled substance has an accepted medical use in treatment in the United States; (2) that the public health will benefit by the designation of the substance as a schedule I designated prescription substance; and (3) that the substance may be sold lawfully under federal law pursuant to a prescription. No prescription for a schedule I designated prescription substance may be refilled.

            (b) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written prescription of a practitioner or a mid-level practitioner. In emergency situations, as defined by rules and regulations of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner or a mid-level practitioner reduced promptly to writing and filed by the pharmacy. No prescription for a schedule II substance may be refilled.

            (c) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV which is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner or a mid-level practitioner. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times.

            (d) A controlled substance shall not be distributed or dispensed other than for a medical purpose. Prescriptions shall be retained in conformity with the requirements of K.S.A. 65-4121 and amendments thereto.

History: L. 1972, ch. 234, § 23; L. 1972, ch. 235, § 1; L. 1982, ch. 269, § 7; L. 1986, ch. 242, § 2; L. 1999, ch. 115, § 15; Apr. 1, 2000.


65-4127c. General penalties; criminal penalties not applicable to violations of regulations.

            Except as otherwise provided in K.S.A. 65-4127a and 65-4127b and K.S.A. 65-4160 through 65-4164 and amendments thereto, any person violating any of the provisions of the uniform controlled substances act shall be guilty of a class A nonperson misdemeanor. The criminal penalties prescribed for violations of the uniform controlled substances act shall not be applicable to violations of the rules and regulations adopted by the board pursuant thereto.

History: L. 1973, ch. 259, § 3; L. 1974, ch. 258, § 10; L. 1994, ch. 291, § 78; L. 1994, ch. 338, § 12; July 1.


65-4127d. Act supplemental to uniform controlled substances act.

            This act shall be a part of and supplemental to the uniform controlled substances act.

History: L. 1973, ch. 259, § 4; July 1.


65-4127e. Sentencing under 65-4127a and 65-4127b; substances and quantities; crimes committed prior to July 1, 1993.

            (a) For purposes of sentencing pursuant to this act, substances and quantities shall be as follows:


--------------------------------------------------------------------------------


SUBSTANCE.................gm

Alpha-Methylfentanyl.................1

Amphetamine.................25

Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid.................50

Cannabis Resin or Hashish.................25

Cocaine.................25

D-Lysergic Acid..................2 pure or


Diethylamide/Lysergide/LSD.................200 dosage units

Dextropropoxyphene/Propoxyphene.................100

Diazepam.................50

Diethyltryptamine/DET.................50

Dimethyltryptamine/DMT.................50

Fentanyl.................2

Hashish Oil.................10

Heroin.................5

Hydrocodone/Dihydrocodeinone.................50

Hydromorphone/Dihydromorphinone.................25

Marijuana/Cannabis.................1500

Marijuana/Cannabis Plant.................50 plants

Meperidine/Pethidine.................100

Mescaline.................10

Methamphetamine.................25

Methaqualone.................50

Morphine.................25

Mushrooms containing Psilocin and/or Psilocybin.................100

Opium.................100

Oxycodone.................25

Pentazocine.................50

Peyote.................100

Phencyclidine/PCP.................5

Phentermine.................50

Phenylacetone PP.................25

Psilocin.................2

Psilocybin.................2

Tetrahydrocannabinol.................5

3-Methylfentanyl.................1

3,4-Methylene-dioxyamphetamine/MDA.................10

3,4-Methylene-dioxymethamphetamine/MDMA.................10

            (b) Any reference to a particular controlled substance in this section includes all salts, isomers and all salts of isomers. Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed.

            (c) The scale amounts for all controlled substances in this section refer to the total weight of the controlled substance. If any mixture of a compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be considered in measuring the quantity. If a mixture or compound contains a detectable amount of more than one controlled substance, the most serious controlled substance shall determine the categorization of the entire quantity.

            (d) The provisions of this section shall not be applicable to crimes committed on or after July 1, 1993.

History: L. 1988, ch. 257, § 3; L. 1992, ch. 239, § 283; July 1, 1993.


65-4128. Penalties in addition to remedies under other laws.

            Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

History: L. 1972, ch. 234, § 28; July 1.


65-4130. Enforcement.

            It is hereby made the duty of the state board of pharmacy and its duly authorized officers, agents, inspectors and representatives, and all law enforcement officers within the state, all county attorneys, the attorney general and the secretary of health and environment to enforce all provisions of this act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic, hypnotic, somnifacient or stimulating drugs.

History: L. 1972, ch. 234, § 30; L. 1975, ch. 462, § 105; July 1


65-4131. Inspection.

            The board and its duly authorized agents and employees may inspect controlled premises and practitioners' offices during business hours and in a lawful manner upon presenting appropriate credentials for the purpose of examining: (a) Any books, inventories, records or other documents required to be kept by a registrant under the provisions of this act or regulations issued pursuant thereto;

            (b) all pertinent equipment, finished and unfinished material, containers and labeling found therein and, all other things therein, including but not limited to processes, controls and facilities; and

(c) inventory any stock of any controlled substance therein and obtain samples thereof upon payment therefor.

History: L. 1972, ch. 234, § 31; July 1.


65-4132. Injunctions.

            The district courts of the state shall have jurisdiction in proceedings in accordance with the rules of civil procedure to enjoin violations of this act.

History: L. 1972, ch. 234, § 32; July 1.


65-4133. Search warrant procedure.

            A search warrant relating to offenses involving controlled substances shall be issued in accordance with the provisions of the Kansas code of criminal procedure.

History: L. 1972, ch. 234, § 33; July 1.


65-4134. Identity of patient or research subject of practitioner confidential.

            A practitioner engaged in medical practice or research or a mid-level practitioner acting in the usual course of such mid-level practitioner's practice is not required or compelled to furnish the name or identity of a patient or research subject to the board, nor may such practitioner or mid-level practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner or mid-level practitioner is obligated to keep confidential.

History: L. 1972, ch. 234, § 34; L. 1999, ch. 115, § 16; Apr. 1, 2000.


65-4137. Pending proceedings.

            (a) Prosecution for any violation of law similar to one set out in K.S.A. 65-4124 to 65-4126, inclusive, occurring prior to the effective date of this act is not affected or abated by this act. A violation of law is committed prior to the effective date of this act if any of the essential elements of the violation occurred before that date. Prosecutions for prior violations of law shall be governed, prosecuted and punished under the laws existing at the time such violations of law were committed;

            (b) civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act shall not be affected by this act;

            (c) the board shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state; and

            (d) this act applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date.

History: L. 1972, ch. 234, § 37; L. 1972, ch. 235, § 3; July 1.


65-4138. Medical care facility exemption.

            Nothing in this act shall be construed to prohibit a medical care facility licensed by the secretary of health and environment from keeping controlled items in a drug room of the medical care facility or supplying such controlled items in a drug room of the medical care facility or supplying such controlled items to its patients as provided under the provisions of K.S.A. 65-1648 and amendments thereto.

History: L. 1972, ch. 234, § 38; L. 1975, ch. 462, § 106; L. 1985, ch. 214, § 3; April 18.


65-4139. Citation of act.

            This act may be cited as the uniform controlled substances act.

History: L. 1972, ch. 234, § 39; July 1.


65-4140. Severability.

            If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

History: L. 1972, ch. 234, § 40; July 1.


65-4141. Unlawfully arranging sales or purchases of controlled substances using a communication facility; penalty.

            (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person knowingly or intentionally to use any communication facility: (1) In committing or in causing or facilitating the commission of any felony under K.S.A. 65-4127a, 65-4127b or 65-4159 or K.S.A. 65-4160 through 65-4164 and amendments thereto; or (2) in any attempt to commit, any conspiracy to commit or any criminal solicitation of any felony under K.S.A. 65-4127a, 65-4127b or 65-4159 or K.S.A. 65-4160 through 65-4164 and amendments thereto. Each separate use of a communication facility may be charged as a separate offense under this subsection.


            (b) As used in this section, "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.

            (c) Any person who violates this section shall be guilty of a nondrug severity level 8, nonperson felony.

(d) This act shall be part of and supplemental to the uniform controlled substances act.

History: L. 1989, ch. 179, § 1; L. 1992, ch. 298, § 76; L. 1993, ch. 291, § 236; L. 1994, ch. 338, § 13; July 1.


65-4142. Unlawful acts involving proceeds derived from violations of the uniform controlled substances act; penalties.

            (a) It is unlawful for any person knowingly or intentionally to receive or acquire proceeds, or engage in transactions involving proceeds, known to be derived from any violation of the uniform controlled substances act, K.S.A. 65-4101 et seq. and amendments thereto. The provisions of this subsection do not apply to any transaction between an individual and that individual's counsel necessary to preserve that individual's right to representation, as guaranteed by section 10 of the bill of rights of the constitution of the state of Kansas and by the sixth amendment to the United States constitution. This exception does not create any presumption against or prohibition of the right of the state to seek and obtain forfeiture of any proceeds derived from a violation of the uniform controlled substances act and amendments thereto.

            (b) It is unlawful for any person knowingly or intentionally to give, sell, transfer, trade, invest, conceal, transport or maintain an interest in or otherwise make available anything of value which that person knows is intended to be used for the purpose of committing or furthering the commission of any violation of the uniform controlled substances act and amendments thereto.

            (c) It is unlawful for any person knowingly or intentionally to direct, plan, organize, initiate, finance, manage, supervise or facilitate the transportation or transfer of proceeds known to be derived from any violation of the uniform controlled substances act and amendments thereto.

            (d) It is unlawful for any person knowingly or intentionally to conduct a financial transaction involving proceeds derived from a violation of the uniform controlled substances act and amendments thereto when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the proceeds known to be derived from a violation of the uniform controlled substances act and amendments thereto or to avoid a transaction reporting requirement under state or federal law.

            (e) (1) A person who violates this section, when the value of the proceeds is less than $5,000, is guilty of a drug severity level 4 felony.

            (2) A person who violates this section, when the value of the proceeds is at least $5,000 but less than $100,000, is guilty of a drug severity level 3 felony.

            (3) A person who violates this section, when the value of the proceeds is at least $100,000 but less than $500,000, is guilty of a drug severity level 2 felony.

            (4) A person who violates this section, when the value of the proceeds is $500,000 or more, is guilty of a drug severity level 1 felony.

            (f) This section shall be part of and supplemental to the uniform controlled substances act, K.S.A. 65-4101 et seq. and amendments thereto.


History: L. 1992, ch. 298, § 84; L. 1993, ch. 291, § 251; L. 1996, ch. 257, § 1; July 1.


65-4150 Definitions.

As used in this act:

            (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 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 and in violation of the uniform controlled substances act. "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) 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 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, including, but not limited to, 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 marihuana.

            (8) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.

            (9) Capsules, balloons, envelopes, bags 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 primarily intended or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish, hashish oil, phenylacetone (PCP), methamphetamine or amphetamine 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, bongs or smoking pipes designed to draw smoke through water or another cooling device;

            (C) carburetion pipes, glass or other heat resistant tubes or any other device used or intended to be used, designed to be used to cause vaporization of a controlled substance for inhalation;

            (D) smoking and carburetion masks;

            (E) roach clips (objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand);

            (F) miniature cocaine spoons and cocaine vials;

            (G) chamber smoking pipes;

            (H) carburetor smoking pipes;

            (I) electric smoking pipes;

            (J) air-driven smoking pipes;

            (K) chillums;

            (L) bongs;

            (M) ice pipes or chillers;

            (N) any smoking pipe manufactured to disguise its intended purpose;

            (O) wired cigarette papers; or

            (P) cocaine freebase kits.

            (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.

History: L. 1981, ch. 140, § 1; L. 2006, ch. 194, § 33; L. 2007, ch. 169, §6; May 1.

65-4151. Determination of what is "drug paraphernalia"; factors to consider.

            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.

            (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 sub-

stances 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.

            (o) 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.

            (p) Advertising of the item in magazines or other means which specifically glorify, encourage or espouse the illegal use, manufacture, sale or cultivation of controlled substances.

History: L. 1981, ch. 140, § 2; L. 2006, ch. 211, § 9; L. 2007, ch. 169, § 7; May 17.

65-4152. Simulated controlled substances and drug paraphernalia; use or possession prohibited; penalties.

            (a) No person shall 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;

            (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; or

            (4) anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture.

            (b) Violation of subsection (a)(1) or (a)(2) is a class A nonperson misdemeanor.

            (c) Violation of subsection (a)(3), other than as described in paragraph (d), or subsection (a)(4) is a drug severity level 4 felony.

            (d) Violation of subsection (a)(3) which involves the possession of drug paraphernalia for the planting, propagation, growing or harvesting of less than five marijuana plants is a class A nonperson misdemeanor.

            (e) For persons arrested and charged under paragraph (a)(4), bail shall be at least $50,000 cash or surety, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.

            (f) The fact that an 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 parapher-nalia.

History: L. 1981, ch. 140, § 3; L. 1996, ch. 257, § 3; L. 1999, ch. 170, § 4; L. 2002, ch. 155, § 3; ; L. 2005, ch. 153, § 5; L. 2007, ch. 169, §8; May 17.

65-4153. Simulated controlled substances and drug paraphernalia; prohibited acts; penalties.

            (a) No person shall sell, offer for sale, have in such person’s possession with intent to sell, deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within this state:

            (1) Any simulated controlled substance;

            (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 K.S.A. 65-4162, and amendments thereto;

            (3) 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 K.S.A. 65-4162, and amendments thereto; or

            (4) 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) Except as provided further, violation of subsection (a)(1) is a nondrug severity level 9, nonperson felony.

            (c) Except as provided further, violation of subsection (a)(2) is a class A nonperson misdemeanor. Any person who violates subsection (a)(2) by delivering or causing to be delivered within this state drug paraphernalia to a person under 18 years of age is guilty of a nondrug severity level 9, nonperson felony.

            (d) Except as provided further, violation of subsection (a)(3) is a nondrug severity level 9, nonperson felony. Any person who violates subsection (a)(3) by delivering or causing to be delivered within this state drug paraphernalia to a person under 18 years of age is guilty of a drug severity level 4 felony.

            (e) Except as provided further, violation of subsection (a)(4) is a drug severity level 4 felony.

            (f) Violation of subsection (a)(1) is a nondrug severity level 7, nonperson felony if such person is 18 or more years of age and the items involved were possessed with intent to sell, deliver or distribute; sold or offered for sale in or on, or within 1,000 feet of any school property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12.

            (g) Violation of subsection (a)(2) is a nondrug severity level 9, nonperson felony if such person is 18 or more years of age and the items involved were possessed with intent to sell, deliver or distribute; sold or offered for sale in or on, or within 1,000 feet of any school property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12.

            (h) Violation of subsection (a)(3) is a drug severity level 4 felony if such person is 18 or more years of age and the items involved were possessed with intent to sell, deliver or distribute; sold or offered for sale in or on, or within 1,000 feet of any school property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12.

            (i) Violation of subsection (a)(4) is a drug severity level 3 felony if such person is 18 or more years of age and the items involved were possessed with intent to sell, deliver or distribute; sold or offered for sale in or on, or within 1,000 feet of any school property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12.

            (j) Nothing in this section shall be construed as requiring that school be in session or that classes are actually being held at the time of the offense or that children must be present within the structure or on the property during the time of any alleged criminal act. If the structure or property meets the description above, the actual use of that structure or property at the time alleged shall not be a defense to the crime charged or the sentence imposed.

            (k) As used in this section, the term "or under circumstances where one reasonably should know" that an item will be used in violation of this section, shall include, but not be limited to, the following:

            (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 other manufacturer supplied information regarding the item’s use as drug paraphernalia; or

            (4) receipt of a written warning from a law enforcement or prosecutorial agency having jurisdiction that the item has been previously determined to have been designed specifically for use as drug paraphernalia.

History: L. 1981, ch. 140, § 4; L. 1987, ch. 246, § 2; L. 1993, ch. 291, § 237; L. 1996, ch. 257, § 4; L. 2007, ch. 169, § 9; May 17.

65-4155. Representation that noncontrolled substance is controlled substance; prohibitions; penalties.

            (a) No person shall knowingly deliver or cause to be delivered in this state 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) Except as provided in subsection (d), violation of this section is a class A nonperson misdemeanor.

            (d) 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 is guilty of a nondrug severity level 9, nonperson felony.

History: L. 1981, ch. 140, § 6; L. 1993, ch. 291, § 238; July 1.


65-4157. Severability of provisions of act.

            If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.

History: L. 1981, ch. 140, § 8; July 1.


65-4158. Same; costs and expenses.

            All costs and expenses resulting from the seizure, disposition and decontamination of an unlawful manufacturing site shall be assessed as costs against the defendant.

History: L. 1990, ch. 100, § 11; July 1.


65-4159. Unlawful manufacturing or attempting such of any controlled substance; penalty.

            (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to manufacture any controlled substance or controlled substance analog.

            (b) Any person violating the provisions of this section with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled substance or controlled substance analog, upon conviction, is guilty of a drug severity level 1 felony and the sentence for which shall not be subject to statutory provisions for suspended sentence, community work service, or probation.

            (c) The provisions of subsection (d) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to unlawfully manufacture any controlled substance pursuant to this section.

History: L. 1990, ch. 100, § 10; L. 1993, ch. 291, § 239; L. 1994, ch. 291, § 79; L. 1994, ch. 338, § 6; L. 1999, ch. 170, § 23; July 1.


65-4159a. Same; violations on or before effective date; penalties.

            On or before the effective date of this act, any person violating the provisions of K.S.A. 65-4159, and amendments thereto, upon conviction, is guilty of a drug severity level 1 felony. Such sentence shall not be reduced to violating the provisions of K.S.A. 65-4161 or 65-4163, and amendments thereto, because prior to this act, such statutes prohibited the identical conduct.

History: L. 2004, ch. 125, § 3; May 20.


65-4160. Unlawful acts relating to possession of opiates, opium, narcotic drugs or designated stimulants; penalties.

            (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess or have under such person's control any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107 and amendments thereto. Any person who violates this subsection shall be guilty of a drug severity level 4 felony.

            (b) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

            (c) For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

            (d) The provisions of this section shall be part of and supplemental to the uniform controlled substances act.

History: L. 1994, ch. 291, § 85; L. 1994, ch. 338, § 1; L. 2003, ch. 135, § 7 (SB 123); November 1.


65-4161. Unlawful acts relating to sale or distribution of opiates, opium, narcotic drugs or designated stimulants; penalties; acts within 1,000 feet of school property.

            (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to sell, offer for sale or have in such person's possession with intent to sell, deliver or distribute; prescribe; administer; deliver; distribute; dispense or compound any opiates, opium or narcotic drugs, or any stimulant designated in subsection (d)(1), (d)(3) or (f)(1) of K.S.A. 65-4107 and amendments thereto. Except as provided in subsections (b), (c) and (d), any person who violates this subsection shall be guilty of a drug severity level 3 felony.

            (b) If any person who violates this section has one prior conviction under this section or a conviction for a substantially similar offense from another jurisdiction, then that person shall be guilty of a drug severity level 2 felony.

            (c) If any person who violates this section has two or more prior convictions under this section or substantially similar offenses under the laws of another jurisdiction, then such person shall be guilty of a drug severity level 1 felony.

            (d) Notwithstanding any other provision of law, upon conviction of any person for a first offense pursuant to subsection (a), such person shall be guilty of a drug severity level 2 felony if such person is 18 or more years of age and the substances involved were possessed with intent to sell, deliver or distribute; sold or offered for sale in or on, or within 1,000 feet of any school property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12.

            Nothing in this subsection shall be construed as requiring that school be in session or that classes are actually being held at the time of the offense or that children must be present within the structure or on the property during the time of any alleged criminal act. If the structure or property meets the description above, the actual use of that structure or property at the time alleged shall not be a defense to the crime charged or the sentence imposed.

            (e) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

            (f) For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

            (g) The provisions of this section shall be part of and supplemental to the uniform controlled substances act.

History: L. 1994, ch. 291, § 86; L. 1994, ch. 338, § 2; July 1.


65-4162. Unlawful acts relating to possession of depressants, stimulants or hallucinogenic drugs or other substances; penalties.

            (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess or have under such person's control:

            (1) Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

            (2) 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;

            (3) any hallucinogenic 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 or designated in subsection (g) of K.S.A. 65-4109 and amendments thereto;

            (4) any substance designated in subsection (g) of K.S.A. 65-4105, and amendments thereto, and designated in subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111 and amendments thereto; or

            (5) any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto.

            (b)       Except as otherwise provided, any person who violates this subsection shall be guilty of a class A nonperson misdemeanor. If any person has a prior conviction under this section, a conviction for a substantially similar offense from another jurisdiction or a conviction of a violation of an ordinance of any city or resolution of any county for a substantially similar offense if the substance involved was 3,4-methylenedioxymethamphetamine (MDMA),marijuana or tetrahydrocannabinol as designated in subsection (d) of K.S.A. 65-4105 and amendments thereto, then such person shall be guilty of a drug severity level 4 felony.

            (c) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

            (d) For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

            (e) The provisions of this section shall be part of and supplemental to the uniform controlled substances act.

History: L. 1994, ch. 291, § 87; L. 1994, ch. 338, § 3; L. 1995, ch. 218, § 2; L. 2000, ch. 108, § 5; L. 2008, ch. 61, § 1; July 1.


65-4163. Unlawful acts relating to sale or distribution of depressants, stimulants or hallucinogenic drugs or other substances; penalties; acts within 1,000 feet of school property.

            (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to sell, offer for sale or have in such person's possession with the intent to sell, deliver or distribute; cultivate; prescribe; administer; deliver; distribute; dispense or compound:

            (1) Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

            (2) 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;

            (3) any hallucinogenic 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 or designated in subsection (g) of K.S.A. 65-4109 and amendments thereto;

            (4) any substance designated in subsection (g) of K.S.A. 65-4105, and amendments thereto, and designated in subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111, and amendments thereto; or

            (5) any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109, and amendments thereto.

            Except as provided in subsection (b), any person who violates this subsection shall be guilty of a drug severity level 3 felony.

            (b) Notwithstanding any other provision of law, upon conviction of any person pursuant to subsection (a) for an offense in which the substances involved were possessed with intent to sell, sold or offered for sale in or on, or within 1,000 feet of any school property upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 and such person is 18 or more years of age, such person shall be guilty of a drug severity level 2 felony.

            Nothing in this subsection shall be construed as requiring that school be in session or that classes are actually being held at the time of the offense or that children must be present within the structure or on the property during the time of any alleged criminal act. If the structure or property meets the description above, the actual use of that structure or property at the time alleged shall not be a defense to the crime charged or the sentence imposed.

            (c) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

            (d) For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

            (e) The provisions of this section shall be part of and supplemental to the uniform controlled substances act.

History: L. 1994, ch. 291, § 88; L. 1994, ch. 338, § 4; L. 2000, ch. 108, § 6; Apr. 27.


65-4164. Unlawful acts relating to certain narcotic drugs; penalties.

            (a) Except as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess, 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 designated in K.S.A. 65-4113 and amendments thereto. Any person who violates this subsection shall be guilty of a class A nonperson misdemeanor, except that such person shall be guilty of a drug severity level 4 felony if the substance was prescribed for or administered, delivered, distributed, dispensed, sold, offered for sale or possessed with intent to sell to a child under 18 years of age.

            (b) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance.

            (c) For purposes of the uniform controlled substances act, the prohibitions contained in this section shall apply to controlled substance analogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments thereto.

            (d) The provisions of this section shall be part of and supplemental to the uniform controlled substances act.

History: L. 1994, ch. 291, § 89; L. 1994, ch. 338, § 5; July 1.


65-4165. Abusing toxic vapors.

            (a) (1) Abusing toxic vapors is knowingly possessing, buying, using, smelling or inhaling the fumes of toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system.

            (2) This subsection shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.

            (b) Abusing toxic vapors is a class B nonperson misdemeanor. In addition to any sentence or fine imposed, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both the education and treatment programs.

            (c) For the purposes of this section, the term "toxic vapors" means the following substances or products containing such substances:

            (1) Alcohols, including methyl, isopropyl, propyl or butyl;

            (2) Aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;

            (3) Acetone;

            (4) Benzene;

            (5) Carbon tetrachloride;

            (6) Cyclohexane;

            (7) Freons, including freon 11 and freon 12;

            (8) Hexane;

            (9) Methyl ethyl ketone;

            (10) Methyl isobutyl ketone;

            (11) Naptha;

            (12) Perchlorethylene;

            (13) Toluene;

            (14) Trichloroethane; or

            (15) Xylene.

            (d) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (c) as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.

History: L. 2002, ch. 166, § 1; July 1.

65-4167. Trafficking in counterfeit drugs.

            (a) Trafficking in counterfeit drugs is intentionally manufacturing, distributing, dispensing, selling or delivering for consumption purposes, or holding or offering for sale, any counterfeit drug.

            (b) Trafficking in counterfeit drugs which have a retail value of less than $500 is a class A nonperson misdemeanor, trafficking in counterfeit drugs which have a retail value of at least $500 but less than $25,000 is a severity level 9, nonperson felony and trafficking in counterfeit drugs which have a retail value of $25,000 or more is a severity level 7, nonperson felony.

            (c) A pharmacy which is inadvertently in possession of counterfeit drugs may return those drugs to the supplier who provided the drugs to the pharmacy.

History: L. 2006, ch. 177, § 1; July 1.

65-4168. Controlled substances monitoring task force.

            (a) The legislature recognizes the important public health benefits of the appropriate and legal medical use of controlled substances, and also the significant risk to public health that can arise due to the illegal diversion or abuse of such substances. The legislature finds that an electronic controlled substances prescription monitoring system could be a timely resource for physicians and other practitioners to assist them in the delivery of appropriate health care services, and also to be an investigative resource for law enforcement agencies to assist their efforts to discourage illegal diversion of controlled substances.

            (b) In order to promote the public health and discourage the abuse of controlled substances, there is hereby established a controlled substances monitoring task force which shall develop a plan for the creation and implementation of:

            (1) A controlled substances prescription monitoring program; and

            (2) an electronic purchase log, which shall be capable of, in real-time, checking compliance with all state, federal and local laws concerning the sale of ephedrine and pseudoephedrine. Such plan shall include suggestions for future action by the legislature in regard to the prescription monitoring program and electronic purchase log. It is not the intent of the legislature, nor shall the prescription monitoring program developed by the task force be used to discourage or interfere with the prescribing of controlled substances by physicians and other practitioners for legitimate medical purposes.

            (c) The task force shall consist of 11 members as follows: The attorney general or the attorney general’s designee, one member appointed by the Kansas health policy authority, one member appointed by the director of the Kansas bureau of investigation, two members appointed by the board of pharmacy, one member appointed by the board of healing arts, one member appointed by the Kansas medical society, one member appointed by the Kansas association of osteopathic medicine, one member appointed by the Kansas pharmacists’ association, one member appointed by the Kansas state dental association and one member appointed by the Kansas hospital association.

            (d) The appointments shall be made within 30 days after the effective date of this act. The initial meeting of the task force shall be convened within 90 days after the effective date of this act by the board of pharmacy at a time and place designated by the board. The task force shall elect a chairperson and may elect any additional officers from among its members necessary to discharge its duties. All task force members shall serve without compensation.

            (e) The task force shall report its findings and conclusions to the legislature on or before January 14, 2008.

History: L. 2007, ch. 91, § 1; April 19.