§ 22-314. Definitions.

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

Controlled substance means any drug, substance or immediate precursory 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.

Deliver or delivery means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.

Drug paraphernalia means all equipment, products and materials of any kind which are used or 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 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, 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 marihuana.

(8)

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

(9)

Capsules, balloons, 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 marihuana, 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 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 pipes;

h.

Carburetor pipes;

i.

Electric pipes;

j.

Air-driven pipes;

k.

Chillums;

l.

Bongs; and

m.

Ice pipes or chillers.

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.

Uniform Controlled Substances Act means K.S.A. 65-4101—65-4140.

(Code 1964, § 23-34.2(a); Code 1988, § 22-246; Ord. No. 62235, §§ 1, 2, 11-13-1980; Ord. No. 63622, §§ 1—6, 12-21-1981; Ord. No. 65498, § 67, 1-4-1990)

State law reference

Similar provisions, K.S.A. 65-4150.

Cross reference

Definitions generally, § 1-2.