{"data":{"id":"us-ks/k.s.a.-21-5703","jurisdiction":"us-ks","citation":"K.S.A. 21-5703","heading":"Unlawful manufacturing of controlled substances.","body":"(a) It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog.\n(b) Violation or attempted violation of subsection (a) is a:\n(1) Drug severity level 2 felony, except as provided in subsections (b)(2) and (b)(3);\n(2) drug severity level 1 felony if:\n(A) The controlled substance is not methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof;\n(B) the controlled substance is not a fentanyl-related controlled substance; and\n(C) 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 K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, in any such prior conviction; and\n(3) drug severity level 1 felony if the controlled substance is methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, or is a fentanyl-related controlled substance.\n(c) The provisions of K.S.A. 21-5301(d), 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.\n(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.\n(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.\n(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. 21-5705, and amendments thereto.","path":["Chapter 21.—CRIMES AND PUNISHMENTS","Article 57.—CRIMES INVOLVING CONTROLLED SUBSTANCES"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_057_0003.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:11:10Z","sha256":"6084c0f9f96ef7a14500a1853f5585fd2ad6df382f7d76e4b4d6d47231223199","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-21-5702","next":"us-ks/k.s.a.-21-5704"},"notice":"GroundRules: Original legal text. Not legal advice."}