{"data":{"id":"us-ks/k.s.a.-21-5706","jurisdiction":"us-ks","citation":"K.S.A. 21-5706","heading":"Unlawful possession of controlled substances.","body":"(a) It shall be unlawful for any person to possess any opiates, opium or narcotic drugs, or any stimulant designated in K.S.A. 65-4107(d)(1), (d)(3) or (f)(1), and amendments thereto, or a controlled substance analog thereof.\n(b) It shall be unlawful for any person to possess any of the following controlled substances or controlled substance analogs thereof:\n(1) Any depressant designated in K.S.A. 65-4105(e), 65-4107(e), 65-4109(b) or (c) or 65-4111(b), and amendments thereto;\n(2) any stimulant designated in K.S.A. 65-4105(f), 65-4107(d)(2), (d)(4), (d)(5) or (f)(2) or 65-4109(e), and amendments thereto;\n(3) any hallucinogenic drug designated in K.S.A. 65-4105(d), 65-4107(g) or 65-4109(g), and amendments thereto;\n(4) any substance designated in K.S.A. 65-4105(g) and 65-4111(c), (d), (e), (f) or (g), and amendments thereto;\n(5) any anabolic steroids as defined in K.S.A. 65-4109(f), and amendments thereto;\n(6) any substance designated in K.S.A. 65-4113, and amendments thereto; or\n(7) any substance designated in K.S.A. 65-4105(h), and amendments thereto.\n(c) (1) Violation of subsection (a) is a drug severity level 5 felony.\n(2) Except as provided in subsection (c)(3):\n(A) Violation of subsection (b) is a class A nonperson misdemeanor, except as provided in subparagraph (B); and\n(B) violation of subsection (b)(1) through (b)(5) or (b)(7) is a drug severity level 5 felony if that person has a prior conviction under such subsection, 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 if the substance involved was 3, 4-methylenedioxymethamphetamine (MDMA), marijuana as designated in K.S.A. 65-4105(d), and amendments thereto, or any substance designated in K.S.A. 65-4105(h), and amendments thereto, or an analog thereof.\n(3) If the substance involved is marijuana, as designated in K.S.A. 65-4105(d), and amendments thereto, or tetrahydrocannabinols, as designated in K.S.A. 65-4105(h), and amendments thereto, violation of subsection (b) is a:\n(A) Class B nonperson misdemeanor, except as provided in subparagraphs (B) and (C);\n(B) class A nonperson misdemeanor if that person has a prior conviction under such subsection, 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; and\n(C) drug severity level 5 felony if that person has two or more prior convictions under such subsection, 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.\n(d) It shall be an affirmative defense to prosecution under this section arising out of a person's possession of any cannabidiol treatment preparation if the person:\n(1) Has a debilitating medical condition, as defined in K.S.A. 2025 Supp. 65-6235, and amendments thereto, or is the parent or guardian of a minor child who has such debilitating medical condition;\n(2) is possessing a cannabidiol treatment preparation, as defined in K.S.A. 2025 Supp. 65-6235, and amendments thereto, that is being used to treat such debilitating medical condition; and\n(3) has possession of a letter, at all times while the person has possession of the cannabidiol treatment preparation, that:\n(A) Shall be shown to a law enforcement officer on such officer's request;\n(B) is dated within the preceding 15 months and signed by the physician licensed to practice medicine and surgery in Kansas who diagnosed the debilitating medical condition;\n(C) is on such physician's letterhead; and\n(D) identifies the person or the person's minor child as such physician's patient and identifies the patient's debilitating medical condition.\n(e) It shall not be a defense to charges arising under this section that the defendant was acting in an agency relationship on behalf of any other party in a transaction involving a controlled substance or controlled substance analog.","path":["Chapter 21.—CRIMES AND PUNISHMENTS","Article 57.—CRIMES INVOLVING CONTROLLED SUBSTANCES"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_057_0006.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:11:10Z","sha256":"18da67fc3df57c666a15a5c32883c50ed0fe935bfd0f54fb2701c500d8351865","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-21-5705","next":"us-ks/k.s.a.-21-5707"},"notice":"GroundRules: Original legal text. Not legal advice."}