As used in this Article, the following terms shall have these prescribed meanings:

CLOSE PROXIMITY — Within five hundred (500) feet on a straight line commencing at the property lines nearest to each other.

CONTROLLED SUBSTANCE — Any drug, substance or immediate precursor included in Schedules I through V, both inclusive, of the Uniform Controlled Substances Act found in Chapter 65, Article 41 of the Kansas Statutes Annotated or K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4115 and amendments thereto.

DANGEROUS DRUG — One that is unsafe for use except under the supervision of a practitioner because of its toxicity or other potentiality for human effect, method of use, or collateral measures necessary to use; “dangerous drugs” shall include all other drugs or compounds, preparations or mixtures thereof which the State Board of Health shall find and declare by rule or regulation duly promulgated after reasonable public notice and opportunity for hearing to have a dangerous hallucinogenic hypnotic, somnifacient or stimulating effect of the body of a human or animal.

DELIVER OR DELIVERY — The actual, constructive or attempted transfer from one (1) person to another of a controlled substance, whether or not there is an agency relationship.

DRUG — Shall mean:

(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 Subsection (1), (2) or (3) of this definition. It does not include devices or their components, parts or accessories.

DRUG PARAPHERNALIA — For the purposes of this definition, the phrase “intended for use” shall refer to the intent of the person selling, offering to sell, dispensing, giving away, possessing, in control of or displaying the “drug paraphernalia” herein defined. — “Drug paraphernalia” means all equipment, products and materials of any kind which are used or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act. “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 substance.

(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, such as 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 marijuana.

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

(9)   Capsules, balloon, envelopes 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 intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine hashish, or hashish oil 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;

(C)  Carburetion tubes and devices;

(D)  Smoking and carburetion masks;

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

(F)   Miniature cocaine spoons and cocaine vials;

(G)  Chamber pipes;

(H)  Carburetor pipes;

(I)    Electric pipes;

(J)   Air-driven pipes;

(K)  Chillums;

(L)   Bongs; and

(M)  Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a court or the authority shall consider, in addition to all other logically relevant factors, the following:

(1)   Whether a person charged with violating this Article is a licensed distributor or dealer of tobacco products under Chapter 79, Article 33 of the Kansas Statutes Annotated.

(2)   Expert testimony as to the use of the item.

(3)   Evidence concerning the total business or a person or business establishment and the type of items involved in the business.

(4)   National and local advertising concerning the use of the item of which a person charged with violating this Article has knowledge.

(5)   Evidence of advertising concerning the nature of the business establishment.

(6)   Statements by an owner or person in control of the object concerning its use.

(7)   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.

(8)   Instructions, oral or written, provided with the item concerning its use.

(9)   Descriptive materials accompanying the item which explain or depict its use.

(10) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substances Act.

(11) The proximity of the object to controlled substances.

(12) The existence of any residue or controlled substances on the object.

(13) Direct or circumstantial evidence of the intent of an owner or person in control of the object, to deliver it to a person, the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.

(14) Oral or written instructions provided with the object concerning its use.

(15) The manner in which the object is displayed for sale.

(16) Whether the owner or person in control of the object is a legitimate supplier of similar related items to the community, such as a distributor or dealer of tobacco products.

(17) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

(18) The existence and scope of legitimate uses for the object in the community.

(19) Catalogs or other promotional materials concerning the item of which the person charged with violating this Article has knowledge.

MANUFACTURE — The production, preparation, propagation, compounding, conversion or processing of a controlled substance either directly or indirectly 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 his/her own use or the preparation, compounding, packaging or labeling of a controlled substance:

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

(2)   By a practitioner or by his/her authorized agent under his/her supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or hospital as an incident to his/her or its dispensing of a controlled substance.

MARIJUANA — 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 seed 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.

MINOR — Any person who has not attained eighteen (18) years of age.

PATIENT — Means, as the case may be:

(1)   The individual for whom a drug is prescribed or to whom a drug is administered; or

(2)   The owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered; provided, that the prescribing or administering referred in Subsection (1) and (2) of this definition is in good faith and in the course of professional practice only.

PERSON — Individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

PHARMACIST — An individual currently licensed by the board to practice the profession of pharmacy in this State.

PLACE OF DISPLAY — Any museum, library, school or other similar public place upon which business is not transacted for a profit.

PRACTITIONER — 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.

PREMISES — A business establishment and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of patrons.

PREMISES OPEN TO MINORS — Any business establishment which sells its wares or merchandise to minors or which permits minors to enter into its place of business.

PRESCRIPTION — A written order, and in cases of emergency, a telephonic order, issued by a practitioner in good faith in the course of his/her professional practice to a pharmacist for a drug for a particular patient, which specifies the date of its issue, the name and address of the patient (and, if such drug is prescribed for an animal, the species of such animal), the name and quantity of the drug prescribed, the directions for use of such drug, and the signature of such practitioner.

PRODUCTION — The manufacture, planting, cultivation, growing or harvesting of a controlled substance.

SCHOOL — Any public or private elementary, junior high, or high school.

SIMULATED DRUGS AND SIMULATED CONTROLLED SUBSTANCES — Any products

which identify themselves by using a common name or slang term associated with a controlled substance or indicate by label or accompanying promotional material that the product simulates the effect of a controlled substance or drug.

SOMNIFACIENT AND STIMULATING — They have the meaning attributable in standard medical lexicons.

WAREHOUSEMAN — A person who, in the usual course of business, stores drugs for others lawfully entitled to possess them and who has no control over the disposition of such drugs except for the purpose of such storage.

WHOLESALER — A person engaged in the business of distributing drugs to persons included in any of the classes named in Section 11-303.

(Prior Code 2016 §205.600; Ord. 2536; Code 2021)

(a)   It is unlawful for any person to possess, have under such person’s control, possess with intent to sell, offer for sale, sell, prescribe, administer, deliver, distribute, dispense or compound any drug, controlled substance or marijuana all as defined in Section 11-301 unless:

(1)   Such drug is delivered by a pharmacist, or his/her authorized agent, in good faith upon prescription and there is affixed to the immediate container in which such drug is delivered a label bearing:

(A)  The name and address of the owner of the establishment from which such drug was delivered,

(B)  The date on which the prescription for such drug was filled,

(C)  The number of such prescription as filed in the prescription files of the pharmacist who filled such prescription,

(D)  The name of the practitioner who prescribed such drug,

(E)   The name and address of the patient, and if such drug was prescribed for an animal, a statement showing the species of the animal, and

(F)   The direction for use of the drug and cautionary statements, if any, as contained in the prescription; and

(2)   In the event that such delivery is pursuant to telephonic order, such prescription shall be promptly reduced to writing and filed by the pharmacist; or

(3)   Such drug is delivered by a practitioner in good faith and in the course of his/her professional practice only,

(b)   It is unlawful for any person to refill any prescription for a drug unless such refilling is specifically authorized by the prescriber.

(c)   It is unlawful for any person to fail to keep the records required by Section 11-304.

(d)   It is unlawful for any person to possess a drug unless such person obtained such drug on the prescription of a practitioner or in accordance with Subsection (a)(3) or from a person licensed by the laws of any other State or the District of Columbia to prescribe or dispense drugs.

(e)   It is unlawful for any person to refuse to make available and to afford full opportunity to check any record, file, stock or inventory as required Section 11-305.

(f)   It is unlawful for any person to use to his/her own advantage, or to reveal other than to a public officer or employee charged with the duty of enforcing laws relating to the handling, sale and distribution of drugs, or to a court when relevant in a judicial proceeding, any information acquired under the authority of Section 11-305 concerning any method or process which has a trade secret and is entitled to protection.

(g)   It is unlawful for any person to obtain or attempt to obtain a drug by fraud, deceit, misrepresentation or subterfuge; or by the forgery or alteration of a prescription; or by the use of a false name or the giving of a false address.

(h)   It is unlawful for any person to sell, offer for sale or have in his/her possession with the intent to sell any hallucinogenic or stimulating drug described in Section 11-301.

(Prior Code 2016 §205.180; Ord. 2536; Code 2021)

(a)   The provisions of Subsections (a – e) of Section 11-302 shall not be applicable:

(1)   To the delivery of drugs for medical or scientific purposes only to persons included in any of the classes hereinafter named, or to the agents or employees of such persons, for use in the usual course of their business or practice or in the performance of their official duties, as the case may be; or

(2)   To the possession of drugs by such persons or their agents or employees for such use:

(A)  Pharmacists,

(B)  Practitioners,

(C)  Persons who procure drugs:

(i)    For disposition by or under the supervision of pharmacists or practitioners employed by them or

(ii)   For the purpose of lawful research, teaching, or testing and not for resale.

(D)  Hospitals and other institutions which procure drugs for lawful administration by or under the supervision of practitioners.

(E)   Manufacturers and wholesalers,

(F)   Carriers and warehousemen.

(b)   Nothing contained in Section 11-302 shall make it unlawful for a Public Officer, agent or employee, or person aiding such Public Officer in performing his/her official duties to possess, obtain, or attempt to obtain a drug for the purpose of enforcing the provisions of any law of this State or of the United States relating to the regulation of the handling, sale or distribution of drugs.

(c)   Nothing in this Section shall apply to a compound, mixture, or preparation containing a drug which is sold in good faith for the purpose for which it is intended and not for the purpose of evading the provisions of this Section if such compound, mixture, or preparation contains a sufficient quantity of another therapeutic agent or agents, in addition to such a drug, to cause it to prevent the ingestion of a sufficient amount of drug to cause a dangerous hypnotic somnifacient or stimulating action.

(Prior Code 2016 §205.190; Ord. 2536; Code 2021)

(a)   Persons (other than carriers) to whom the exemptions of Section 11-303 are applicable shall maintain detailed, but not necessarily separate, records and inventories relating to drugs manufactured, purchased, sold, distributed and handled and retain all such records and inventories required by this Subsection (a) for not less than two (2) calendar years after the date of the transaction shown by such record and inventory.

(b)   Pharmacists shall, in addition to complying with the provisions of Subsection (a), retain each prescription and written record of telephonic order for a drug filled by them, for not less than two (2) calendar years immediately following the date of the filling or the date of the last refilling of such prescription whichever is the later date.

(Prior Code 2016 §205.200; Ord. 2536; Code 2021)

(a)   Persons required by Section 11-304 to keep files, inventories or records relating to drugs shall, upon the written request of a Public Officer or employee charged with the duty of enforcing laws relating to the handling, sale or distribution of drugs:

(1)   Make such files, inventories or records available to such officer or employee, at all reasonable hours, for inspection and copying; and

(2)   Accord to such officer or employee full opportunity to check the correctness of such files, inventories or records, including opportunity to make inventory of all stocks or drugs on hand.

(Prior Code 2016 §205.210; Ord. 2536; Code 2021)

(a)   Sale And Display Prohibited. It shall be unlawful for any person to sell, deliver, dispense, give away, possess with intent to deliver, manufacture with intent to deliver, cause to be delivered, give away or display any drug paraphernalia or simulated controlled substance or simulated drug to minors in or upon any premises. It shall also be unlawful for any person to sell, deliver, possess with intent to deliver, manufacture with intent to deliver, cause to be delivered, offer to sell, dispense, give away or display any drug paraphernalia or simulated controlled substance or simulated drug to persons other than minors.

(b)   In addition to any penalty authorized by Section 11-307, a violation of the above is hereby declared to be a public nuisance.

(c)   Possession Prohibited. It shall be unlawful for any person to possess, have under such person’s control, or possess with intent to sell drug paraphernalia or simulated controlled substance or simulated drug all as defined in Section 11-301.

(Prior Code 2016 §205.220; Code 2021)

Any person violating Sections 11-302, 11-303, 11-304, 11-305 or 11-306 shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) and imprisoned not less than two (2) days nor more than one (1) year. In addition, any person under the age of twenty-one (21) who is convicted of a violation of this Article or diverted in lieu of further criminal proceedings shall be required to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee for such evaluation.

(Prior Code 2016 §205.230; Ord. 2536; Code 2021)