Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto, it shall be unlawful for any person to possess or have under such person’s control marijuana or tetrahydrocannabinol.

(Ord. 992)

No person shall use or possess with intent to use:

(a)   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, K.S.A. 65-4101 et seq., and amendments thereto.

(b)   No person shall deliver, possess with the intent to deliver, or cause to be delivered any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be utilized 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.

(c)   In determining whether an object is drug paraphernalia, the finder of fact shall consider, in addition to all other logically relevant factors, the following:

(1)   Statements of the owner or person in control of an 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 the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., 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 an object, to deliver it to a person the owner or person in control of an object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto. 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;

(7)   Oral or written instructions provided with the object concerning its use;

(8)   Descriptive materials accompanying the object which explain or depict its use.

(Ord. 992)

(a)   Any person convicted of violating Section 11-301 of the Code of the City of Osborne, Kansas, and which is such person’s first conviction under such ordinance, shall be guilty of a Class B nonperson misdemeanor punishable by a fine of not less than $1,000.00, a jail sentence of not more than six months, or both.

(b)   Any person convicted of violating Section 11-301 of the Code of the City of Osborne, Kansas, and such person has a prior conviction under such ordinance, under K.S.A. 65-4162, prior to its repeal, under a substantially similar offense from another jurisdiction, or under any city ordinance or county resolution for a substantially similar offense, shall be guilty of a Class A nonperson misdemeanor punishable by a fine of not less than $2,500.00, a jail sentence of not more than one year, or both.

(c)   Any person convicted of violating Section 11-302 of the Code of the City of Osborne, Kansas, shall be guilty of a Class A nonperson misdemeanor punishable by a fine of not less than $2,500.00, a jail sentence of not more than one year, or both.

(d)   Any person who is convicted of a charge that violates Section 11-301 or Section 11-302 of the Code of the City of Osborne, Kansas may be required to obtain a drug abuse evaluation. Such person may also be required to attend and successfully complete a drug abuse education, counseling, or treatment program. Any facility that conducts the programs must be approved by the Kansas Department for Aging and Disability Services (KDADS). The court shall order the defendant to pay all costs and fees associated with any such education or treatment programs.

(e)   Any person who is diverted on a charge that alleges the violation of Section 11-301 or Section 11-302 of the Code of the City of Osborne, Kansas may be required to obtain a drug abuse evaluation. Such person may also be required to attend and successfully complete a drug abuse education, counseling, or treatment program. Any facility that conducts the programs must be approved by the Kansas Department for Aging and Disability Services (KDADS).

(f)    The municipal judge shall order any person convicted or diverted on a charge that alleges the violation of Section 11-301 or Section 11-302 of the Code of the City of Osborne, Kansas, to pay the laboratory analysis fees specified in K.S.A. 28-176, and amendments thereto, as additional costs in the case provided that forensic laboratory services are rendered or administered in conjunction with the case involving such conviction or diversion.

(Ord. 992; Ord. 1007)