CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 6. Controlled Substances

It is unlawful for any person to have in his possession any marijuana. Marijuana (marihuana) 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 stalks, oil or cake made from the seed 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 sterilized seed of the plant which is incapable of germination.

(Code 1974, § 11.05.010; Ord. 721, § 13, 1995; Code 2018, 26-142)

No person shall use or possess with the intent to use:

(a)   Any simulated controlled substances; or

(b)   Any drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act.

(Code 1974, § 11.05.020; Ord. 721, § 14, 1995; Ord. 739, § 1, 1996; Code 2018, 26-143)

(a)   As used in this section, the phrase “glue containing a solvent having the property of releasing toxic vapors or fumes” means and includes any glue, cement or other adhesive, the contents of which may include, but are not limited to, one or more of the following chemical compounds: acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene (toluol).

(b)   No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes from any glue containing a solvent having the property or releasing toxic vapors or fumes. Nothing in this section shall be interpreted as applying to the inhalation of anesthesia for medical or dental purposes.

(c)   No person shall, for the purpose of violating subsection (b) of this section, use or possess for the purpose of so using any glue containing a solvent having the property of releasing toxic vapors or fumes.

(d)   No person shall sell, give or offer to sell or give to any person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, if he has knowledge that the product sold, given or offered to be sold or given will be used for the purpose set forth in subsection (b) of this section.

(Code 1974, § 11.05.030; Ord. 721, § 15, 1995; Code 2018, 26-144)

(a)   Obtaining a prescription-only drug by fraudulent means is the:

(1)   Making, altering or signing of a prescription order by a person other than a practitioner;

(2)   Delivery of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner;

(3)   Possession of a prescription order with intent to deliver it and knowing it to have been made, altered or signed by a person other than a practitioner;

(4)   Possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner; or

(5)   Providing false information to a practitioner for the purpose of obtaining a prescription-only drug.

(b)   The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Pharmacist, practitioner and prescription-only drug shall have the meanings as described thereto by K.S.A. 65-1626 and amendments thereto.

Prescription order means a written, oral or telephonic order for a prescription-only drug to be filled by a pharmacist. The term “prescription order” does not mean a drug dispensed pursuant to such an order.

(c)   Violation of this section is a Class A misdemeanor for the first offense.

(Code 1974, § 11.05.040; Ord. 721, § 16, 1995; Code 2018, 26-145)

Any person violating the provisions of this article shall upon conviction be guilty of a misdemeanor punishable as provided by state law.

(Code 1974, § 11.05.050; Ord. 721, § 17, 1995; Code 2018, 26-146)