reglab/housing_qa huggingface dataset:
KS Stat § 21-5702 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5702 Effective date; scope of act.

21-5702. Effective date; scope of act. (a) Prosecutions for crimes committed prior to July 1, 2009, shall be governed by the law in effect at the time the crime was committed. For purposes of this section, a crime was committed prior to July 1, 2009, if any element of the crime occurred prior thereto.(b) The prohibitions of this act shall apply unless the conduct prohibited is authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act, the commercial industrial hemp act or otherwise authorized by law.History: L. 2009, ch. 32, § 2; L. 2018, ch. 62, § 5; L. 2019, ch. 37, § 11; April 18.
KS Stat § 21-5703 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5703 Unlawful manufacturing of controlled substances.

21-5703. Unlawful manufacturing of controlled substances. (a) It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog.(b) Violation or attempted violation of subsection (a) is a:(1) Drug severity level 2 felony, except as provided in subsections (b)(2) and (b)(3);(2) drug severity level 1 felony if:(A) The controlled substance is not methamphetamine, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto, or an analog thereof; and(B) the offender has a prior conviction for unlawful manufacturing of a controlled substance under this section, K.S.A. 65-4159, prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially similar offense from another jurisdiction and the substance was not methamphetamine, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto, or an analog thereof, in any such prior conviction; and(3) drug severity level 1 felony if the controlled substance is methamphetamine, as defined by subsection (d)(3) or (f)(1) of K.S.A. 65-4107, and amendments thereto, or an analog thereof.(c) The provisions of subsection (d) of K.S.A. 2021 Supp. 21-5301, and amendments thereto, shall not apply to a violation of attempting to unlawfully manufacture any controlled substance or controlled substance analog pursuant to this section.(d) For persons arrested and charged under this section, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, 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.(e) The sentence of a person who violates this section shall not be subject to statutory provisions for suspended sentence, community service work or probation.(f) The sentence of a person who violates this section, K.S.A. 65-4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its transfer, shall not be reduced because these sections prohibit conduct identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 2021 Supp. 21-5705, and amendments thereto.History: L. 2009, ch. 32, § 3; L. 2011, ch. 30, § 287; L. 2012, ch. 150, § 8; L. 2013, ch. 37, § 1; L. 2014, ch. 90, § 3; July 1.
KS Stat § 21-5704 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5704 Same; costs and expenses.

21-5704. 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. 2009, ch. 32, § 4; July 1.
KS Stat § 21-5707 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5707 Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility.

21-5707. Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility. (a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:(1) In committing, causing, or facilitating the commission of any felony under K.S.A. 2021 Supp. 21-5703, 21-5705 or 21-5706, 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. 2021 Supp. 21-5703, 21-5705 or 21-5706, and amendments thereto. Each separate use of a communication facility may be charged as a separate offense under this subsection.(b) Violation of subsection (a) is a nondrug severity level 8, nonperson felony.(c) 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.History: L. 2009, ch. 32, § 7; L. 2012, ch. 150, § 11; July 1.
KS Stat § 21-5708 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5708 Unlawfully obtaining or selling a prescription-only drug.

21-5708. Unlawfully obtaining or selling a prescription-only drug. (a) Unlawfully obtaining a prescription-only drug is:(1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner;(2) distribution of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;(3) possession of a prescription order with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level 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 a mid-level practitioner; or(5) providing false information, with the intent to deceive, to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.(b) Unlawfully selling a prescription-only drug is unlawfully obtaining a prescription-only drug, as defined in subsection (a), and:(1) Selling the prescription-only drug so obtained;(2) offering for sale the prescription-only drug so obtained; or(3) possessing with intent to sell the prescription-only drug so obtained.(c) (1) Unlawfully obtaining a prescription-only drug is a:(A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and(B) nondrug severity level 9, nonperson felony if that person has a prior conviction of under this section, K.S.A. 2010 Supp. 21-36a08, prior to its transfer, or K.S.A. 21-4214, prior to its repeal.(2) Unlawfully selling a prescription-only drug is a nondrug severity level 6, nonperson felony.(d) As used in this section:(1) "Pharmacist," "practitioner," "mid-level practitioner" and "prescription-only drug" shall have the meanings ascribed thereto by K.S.A. 65-1626, and amendments thereto.(2) "Prescription order" means an order transmitted in writing, orally, telephonically or by other means of communication for a prescription-only drug to be filled by a pharmacist. "Prescription order" does not mean a drug dispensed pursuant to such an order.(e) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under K.S.A. 2021 Supp. 21-5705 or 21-5706, and amendments thereto.History: L. 2009, ch. 32, § 8; L. 2010, ch. 74, § 4; L. 2012, ch. 150, § 12; July 1.
KS Stat § 21-5709 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5709 Unlawful possession of certain drug precursors and drug paraphernalia.

21-5709. Unlawful possession of certain drug precursors and drug paraphernalia. (a) It shall be unlawful for any person to possess ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with an intent to use the product to manufacture a controlled substance.(b) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to:(1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or(2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.(c) It shall be unlawful for any person to use or possess with intent to use anhydrous ammonia or pressurized ammonia in a container not approved for that chemical by the Kansas department of agriculture.(d) It shall be unlawful for any person to purchase, receive or otherwise acquire at retail any compound, mixture or preparation containing more than 3.6 grams of pseudoephedrine base or ephedrine base in any single transaction or any compound, mixture or preparation containing more than nine grams of pseudoephedrine base or ephedrine base within any 30-day period.(e) (1) Violation of subsection (a) is a drug severity level 3 felony;(2) violation of subsection (b)(1) is a:(A) Drug severity level 5 felony, except as provided in subsection (e)(2)(B); and(B) class B nonperson misdemeanor if the drug paraphernalia was used to cultivate fewer than five marijuana plants;(3) violation of subsection (b)(2) is a class B nonperson misdemeanor;(4) violation of subsection (c) is a drug severity level 5 felony; and(5) violation of subsection (d) is a class A nonperson misdemeanor.(f) For persons arrested and charged under subsection (a) or (c), bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to reoffend, the court imposes pretrial supervision or the defendant agrees to participate in a licensed or certified drug treatment program.History: L. 2009, ch. 32, § 9; L. 2012, ch. 150, § 13; L. 2014, ch. 90, § 4; L. 2017, ch. 62, § 3; July 1.
KS Stat § 21-5711 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5711 Factors to consider when determining what is drug paraphernalia.

21-5711. Factors to consider when determining what is drug paraphernalia. (a) 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:(1) Statements by an owner or person in control of the object concerning its use;(2) 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;(3) the proximity of the object, in time and space, to a direct violation of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto;(4) the proximity of the object to controlled substances;(5) the existence of any residue of controlled substances on the object;(6) 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 K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto. The innocence of an owner or person in control of the object as to a direct violation of K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto, shall not prevent a finding that the object is intended for use as drug paraphernalia;(7) oral or written instructions provided with the object concerning its use;(8) descriptive materials accompanying the object which explain or depict its use;(9) national and local advertising concerning the object's use;(10) the manner in which the object is displayed for sale;(11) 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;(12) direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;(13) the existence and scope of legitimate uses for the object in the community;(14) expert testimony concerning the object's use;(15) 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; or(16) advertising of the item in magazines or other means which specifically glorify, encourage or espouse the illegal use, manufacture, distribution or cultivation of controlled substances.(b) 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 paraphernalia.History: L. 2009, ch. 32, § 11; July 1.
KS Stat § 21-5712 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5712 Unlawful abuse of toxic vapors.

21-5712. Unlawful abuse of toxic vapors. (a) Unlawful abuse of toxic vapors is possessing, buying, using, smelling or inhaling toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system.(b) Unlawful abuse of toxic vapors is a class B nonperson misdemeanor.(c) 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, treatment program or both such programs as provided in K.S.A. 8-1008, and amendments thereto.(d) This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.(e) For the purposes of this section, the term "toxic vapors" means vapors from 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, freon 12 and other halogenated hydrocarbons;(8) hexane;(9) methyl ethyl ketone;(10) methyl isobutyl ketone;(11) naptha;(12) perchlorethylene;(13) toluene;(14) trichloroethane; or(15) xylene.(f) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (e) as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors.History: L. 2009, ch. 32, § 12; L. 2015, ch. 20, § 1; July 1.
KS Stat § 21-5713 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5713 Unlawful distribution or possession of a simulated controlled substance.

21-5713. Unlawful distribution or possession of a simulated controlled substance. (a) It shall be unlawful for any person to distribute, possess with the intent to distribute, or manufacture with the intent to distribute any simulated controlled substance.(b) It shall be unlawful for any person to use or possess with intent to use any simulated controlled substance.(c) (1) Violation of subsection (a) is a:(A) Nondrug severity level 9, nonperson felony, except as provided in subsection (c)(1)(B); and(B) nondrug severity level 7, nonperson felony if the trier of fact makes a finding that the offender is 18 or more years of age and the violation occurred on or within 1,000 feet of any school property; and(2) violation of subsection (b) is a class A nonperson misdemeanor.History: L. 2009, ch. 32, § 13; L. 2010, ch. 109, § 16; L. 2012, ch. 150, § 15; July 1.
KS Stat § 21-5714 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5714 Unlawful representation that noncontrolled substance is controlled substance.

21-5714. Unlawful representation that noncontrolled substance is controlled substance. (a) It shall be unlawful for any person to distribute or possess with the intent to distribute 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) Violation of subsection (a) is a:(1) Class A nonperson misdemeanor, except as provided in subsection (b)(2); and(2) nondrug severity level 9, nonperson felony if the distributor is 18 or more years of age, distributing to a minor and at least three years older than the minor to whom the distribution is made.(c) If any one of the following factors is established, there shall be a presumption that distribution 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 distribution of controlled substances;(2) the distribution of the substance included an exchange of or demand for money or other consideration for distribution of the substance and the amount of the consideration was substantially in excess of the reasonable value of the substance; or(3) the physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.(d) A person who commits a violation of subsection (a) also may be prosecuted for, convicted of and punished for theft.History: L. 2009, ch. 32, § 14; L. 2012, ch. 150, § 16; July 1.
KS Stat § 21-5715 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5715 Treatment of a controlled substance analog.

21-5715. Treatment of a controlled substance analog. 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 pharmacy 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.History: L. 2009, ch. 32, § 15; July 1.
KS Stat § 21-5717 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 57 - Crimes Involving Controlled Substances|21-5717 Uniformity of act.

21-5717. Uniformity of act. The statutes listed below shall be applicable and uniform throughout this state and in all cities and counties therein. No city or county shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions listed below unless expressly authorized by law to do so:(a) Subsection (c) of K.S.A. 21-2501a, and amendments thereto;(b) subsections (k) and (l) of K.S.A. 65-1643, and amendments thereto;(c) subsections (e), (f) and (g) of K.S.A. 65-4113, and amendments thereto;(d) subsection (c) of K.S.A. 2021 Supp. 21-5703, and amendments thereto;(e) subsection (f) of K.S.A. 2021 Supp. 21-5709, and amendments thereto;(f) subsection (f) of K.S.A. 2021 Supp. 21-5710, and amendments thereto.History: L. 2009, ch. 32, § 17; July 1.
KS Stat § 21-5801 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 58 - Crimes Involving Property|21-5801 Theft.

21-5801. Theft. (a) Theft is any of the following acts done with intent to permanently deprive the owner of the possession, use or benefit of the owner's property or services:(1) Obtaining or exerting unauthorized control over property or services;(2) obtaining control over property or services, by deception;(3) obtaining control over property or services, by threat;(4) obtaining control over stolen property or services knowing the property or services to have been stolen by another; or(5) knowingly dispensing motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment without making payment for the motor fuel.(b) Theft of:(1) Property or services of the value of $100,000 or more is a severity level 5, nonperson felony;(2) property or services of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;(3) property or services of the value of at least $1,500 but less than $25,000 is a severity level 9, nonperson felony, except as provided in subsection (b)(7);(4) property or services of the value of less than $1,500 is a class A nonperson misdemeanor, except as provided in subsection (b)(5), (b)(6) or (b)(7);(5) property of the value of less than $1,500 from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony;(6) property of the value of at least $50 but less than $1,500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, excluding any period of imprisonment, been convicted of theft two or more times; and(7) property which is a firearm of the value of less than $25,000 is a severity level 9, nonperson felony.(c) As used in this section:(1) "Conviction" or "convicted" includes being convicted of a violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal ordinance which prohibits the acts that this section prohibits;(2) "regulated scrap metal" means the same as in K.S.A. 2021 Supp. 50-6,109, and amendments thereto; and(3) "value" means the value of the property or, if the property is regulated scrap metal, the cost to restore the site of the theft of such regulated scrap metal to its condition at the time immediately prior to the theft of such regulated scrap metal, whichever is greater.History: L. 2010, ch. 136, § 87; L. 2011, ch. 86, § 4; L. 2013, ch. 64, § 1; L. 2016, ch. 90, § 2; July 1.
KS Stat § 21-5802 (2021)
2021 Kansas Statutes|Chapter 21 - Crimes And Punishments|Article 58 - Crimes Involving Property|21-5802 Theft of property lost, mislaid or delivered by mistake.

21-5802. Theft of property lost, mislaid or delivered by mistake. (a) Theft of property lost, mislaid or delivered by mistake is obtaining control of property of another by a person who:(1) Knows or learns the identity of the owner thereof;(2) fails to take reasonable measures to restore to the owner lost property, mislaid property or property delivered by a mistake; and(3) intends to permanently deprive the owner of the possession, use or benefit of the property.(b) Theft of  property lost, mislaid or delivered by mistake of the value of:(1) $100,000 or more is a severity level 5, nonperson felony;(2) at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;(3) at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and(4) less than $1,000 is a class A nonperson misdemeanor.(c) As used in this section, "property delivered by mistake" includes, but is not limited to, a mistake as to the:(1) Nature or amount of the property; or(2) identity of the recipient of the property.History: L. 2010, ch. 136, § 88; L. 2011, ch. 30, § 35; July 1.