CHAPTER 108 SENATE BILL No. 512 An Act concerning controlled substances; amending K.S.A. 65-4109 and K.S.A. 1999 Supp.
21-3445, 65-4107, 65-4111, 65-4162 and 65-4163 and repealing the existing sections;
also repealing K.S.A. 1999 Supp. 65-4111a.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 21-3445 is hereby amended to read as
follows: 21-3445. (a) Unlawful administration of a substance is the inten-
tional and knowing administration of a substance to another person with-
out consent for the purpose of impairing such other person's physical or
mental ability to appraise or control such person's conduct.

      (b) ``Unlawful administration of a substance'' means any method of
causing the ingestion by another person of a controlled substance, gamma
hydroxybutynic acid, or its salts, ketamine or butyrolactone into any food,
beverage or other consumable that the person knows, or should know,
would be consumed by such other person.

      (c) This section shall not prohibit administration of any substance
described in subsection (b) for lawful medical or therapeutic treatment.

      (d) Unlawful administration of a substance is a class A person mis-
demeanor.

      Sec.  2. K.S.A. 1999 Supp. 65-4107 is hereby amended to read as
follows: 65-4107. (a) The controlled substances listed in this section are
included in schedule II and the number set forth opposite each drug or
substance is the DEA controlled substances code which has been assigned
to it.

      (b) Any of the following substances, except those narcotic drugs listed
in other schedules, whether produced directly or indirectly by extraction
from substances of vegetable origin or independently by means of chem-
ical synthesis or by combination of extraction and chemical synthesis:

      (1) Opium and opiate and any salt, compound, derivative or prepa-
ration of opium or opiate, excluding apomorphine, dextrorphan, nalbu-
phine, nalmefene, naloxone and naltrexone and their respective salts, but
including the following:

(A)	Raw opium	9600
(B)	Opium extracts	9610
(C)	Opium fluid	9620
(D)	Powdered opium	9639
(E)	Granulated opium	9640
(F)	Tincture of opium	9630
(G)	Codeine	9050
(H)	Ethylmorphine	9190
(I)	Etorphine hydrochloride	9059
(J)	Hydrocodone	9193
(K)	Hydromorphone	9150
(L)	Metopon	9260
(M)	Morphine	9300
(N)	Oxycodone	9143
(O)	Oxymorphone	9652
(P)	Thebaine	9333

 (2) Any salt, compound, isomer, derivative or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in paragraph (1), but not including the isoquinoline alkaloids
of opium.

      (3) Opium poppy and poppy straw.

      (4) Coca leaves (9040) and any salt, compound, derivative or prepa-
ration of coca leaves, but not including decocainized coca leaves or ex-
tractions which do not contain cocaine (9041) or ecgonine (9180).

      (5) Cocaine, its salts, isomers and salts of isomers (9041).

      (6) Ecgonine, its salts, isomers and salts of isomers (9180).

      (7) Concentrate of poppy straw (the crude extract of poppy straw in
either liquid, solid or powder form which contains the phenanthrene al-
kaloids of the opium poppy) (9670).

      (c) Any of the following opiates, including their isomers, esters,
ethers, salts and salts of isomers, esters and ethers, whenever the exis-
tence of these isomers, esters, ethers and salts is possible within the spe-
cific chemical designation dextrorphan and levopropoxyphene excepted:

(1)	Alfentanil	9737
(2)	Alphaprodine	9010
(3)	Anileridine	9020
(4)	Bezitramide	9800
(5)	Bulk dextropropoxyphene (nondosage forms)	9273
(6)	Carfentanil	9743
(7)	Dihydrocodeine	9120
(8)	Diphenoxylate	9170
(9)	Fentanyl	9801
(10)	Isomethadone	9226
(11)	Levomethorphan	9210
(12)	Levorphanol	9220
(13)	Metazocine	9240
(14)	Methadone	9250
(15)	Methadone-intermediate,4-cyano-2-dimethyl amino-4,4-diphenyl butane	9254
(16)	Moramide-intermediate, 2-methyl-3- morpholino-1, 1-diphenylpropane-carboxylic acid	9802
(17)	Pethidine (meperidine)	9230
(18)	Pethidine-intermediate-A, 4-cyano-1-methyl- 4-phenylpiperidine	9232
(19)	Pethidine-intermediate-B, ethyl-4-phenyl- piperidine-4-carboxylate	9233
(20)	Pethidine-intermediate-C, 1-methyl-4-phenyl- piperidine-4-carboxylic acid	9234
(21)	Phenazocine	9715
(22)	Piminodine	9730
(23)	Racemethorphan	9732
(24)	Racemorphan	9733
(25)	Sufentanil	9740
(26)	Levo-alphacetyl methadol	9648

  Some other names: levo-alpha-acetyl methadol, levomethadyl acetate or LAAM.
 (d) Any material, compound, mixture, or preparation which contains
any quantity of the following substances having a potential for abuse as-
sociated with a stimulant effect on the central nervous system:

(1)	Amphetamine, its salts, optical isomers and salts of its optical isomers	1100
(2)	Phenmetrazine and its salts	1631
(3)	Methamphetamine, including its salts, isomers and salts of isomers	1105
(4)	Methylphenidate	1724

      (e) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following substances having a depressant effect on the central
nervous system, including its salts, isomers and salts of isomers whenever
the existence of such salts, isomers and salts of isomers is possible within
the specific chemical designation:

(1)	Amobarbital	2125
(2)	Glutethimide	2550
(3)	Secobarbital	2315
(4)	Pentobarbital	2270
(5)	Phencyclidine	7471

      (f) Any material, compound, mixture, or preparation which contains
any quantity of the following substances:

(1)	Immediate precursor to amphetamine and methamphetamine:
(A)	Phenylacetone	8501
	Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.
(2)	Immediate precursors to phencyclidine (PCP):
(A)	1-phenylcyclohexylamine	7460
(B)	1-piperidinocyclohexanecarbonitrile (PCC)	8603

      (g) Any material, compound, mixture or preparation which contains
any quantity of the following hallucinogenic substance, its salts, isomers
and salts of isomers, unless specifically excepted, whenever the existence
of these salts, isomers and salts of isomers is possible within the specific
chemical designation:

(1)

Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved drug product

7369

 Some other names for dronabinol:

	(6aR-trans)-6a,7,8,10a-tetrahydro -6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d)pyran-1-ol, or(-)-delta-9-(trans)- tetrahydrocannabinol.
(2)	Nabilone	7379

                              [Another name for nabilone:

                              (± )-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a- hex-
                              ahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]
                              pyran-9-one]

      Sec.  3. K.S.A. 65-4109 is hereby amended to read as follows: 65-
4109. (a) The controlled substances listed in this section are included in
schedule III and the number set forth opposite each drug or substance
is the DEA controlled substances code which has been assigned to it.

      (b) Unless listed in another schedule, any material, compound, mix-
ture, or preparation which contains any quantity of the following sub-
stances having a potential for abuse associated with a depressant effect
on the central nervous system:

(1)	Any compound, mixture or preparation containing:
	(A)Amobarbital	2126
	(B)Secobarbital	2316
	(C)Pentobarbital	2271

or any salt thereof and one or more other active medicinal ingredients
which are not listed in any schedule.

(2)	Any suppository dosage form containing:
	(A)Amobarbital	2126
	(B)Secobarbital	2316
	(C)Pentobarbital	2271

or any salt of any of these drugs and approved by the Food and Drug
Administration for marketing only as a suppository.

(3)	Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules	2100
(4)	Chlorhexadol	2510
(5)	Lysergic acid	7300
(6)	Lysergic acid amide	7310
(7)	Methyprylon	2575
(8)	Sulfondiethylmethane	2600
(9)	Sulfonethylmethane	2605
(10)	Sulfonmethane	2610
(11)	Tiletamine and zolazepam or any salt thereof	7295
	Some trade or other names for a tiletamine-zolazepam combination product: Telazol Some trade or other names for tiletamine: 2- (ethylamino)-2-(2-thienyl)-cyclohexanone Some trade or other names for zolazepam: 4- (2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon
(12)	Ketamine, its salts, isomers, and salts of isomers	7285
	Some other names for ketamine: (<plus-minus>)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone
(c)	Nalorphine	9400

      (d) Any material, compound, mixture or preparation containing any
of the following narcotic drugs or any salts calculated as the free anhy-
drous base or alkaloid, in limited quantities as set forth below:

(1)	Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium	9803
(2)	not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts	9804
(3)	not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with a fourfold or greater quantity of an isoquinoline alkaloid of opium	9805
(4)	not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts	9806
(5)	not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts	9807
(6)	not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts	9808
(7)	not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts	9809
(8)	not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts	9810

      (e) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers (whether optical, position or
geometric) and salts of such isomers whenever the existence of such salts,
isomers and salts of isomers is possible within the specific chemical des-
ignation:

(1)	Those compounds, mixtures or preparations in dosage unit form containing any stimulant substance listed in schedule II, which compounds, mixtures or preparations were listed on August 25, 1971, as excepted compounds under section 308.32 of title 21 of the code of federal regulations, and any other drug of the quantitive composition shown in that list for those drugs or which is the same, except that it contains a lesser quantity of controlled substances	1405
(2)	Benzphetamine	1228
(3)	Chlorphentermine	1645
(4)	Chlortermine	1647
(5)	Phendimetrazine	1615
(f)	Anabolic steroids	4000

      ``Anabolic steroid'' means any drug or hormonal substance, chemically
and pharmacologically related to testosterone (other than estrogens, pro-
gestins, and corticosteroids) that promotes muscle growth, and includes:

(1)	boldenone
(2)	chlorotestosterone (4-chlortestosterone)
(3)	clostebol
(4)	dehydrochlormethyltestosterone
(5)	dihydrotestosterone (4-dihydrotestosterone)
(6)	drostanolone
(7)	ethylestrenol
(8)	fluoxymesterone
(9)	formebulone (formebolone)
(10)	mesterolone
(11)	methandienone
(12)	methandranone
(13)	methandriol
(14)	methandrostenolone
(15)	methenolone
(16)	methyltestosterone
(17)	mibolerone
(18)	nandrolone
(19)	norethandrolone
(20)	oxandrolone
(21)	oxymesterone
(22)	oxymetholone
(23)	stanolone
(24)	stanozolol
(25)	testolactone
(26)	testosterone
(27)	trenbolone
(28)	any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.

      (A) Except as provided in (B), such term does not include an anabolic
steroid which is expressly intended for administration through implants
to cattle or other nonhuman species and which has been approved by the
United States' secretary of health and human services for such adminis-
tration.

      (B) If any person prescribes, dispenses or distributes such steroid for
human use, such person shall be considered to have prescribed, dispensed
or distributed an anabolic steroid within the meaning of this subsection
(f).

      (g) Any material, compound, mixture or preparation which contains
any quantity of the following hallucinogenic substance, its salts, isomers
and salts of isomers, unless specifically excepted, whenever the existence
of these salts, isomers and salts of isomers is possible within the specific
chemical designation:

(1)	Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product	7369
	Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-6-6-9- trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-0l, or(-)-delta-9- (trans)-tetrahydrocannabinol.

 (g) (h) The board may except by rule any compound, mixture or prep-
aration containing any stimulant or depressant substance listed in sub-
section (b) from the application of all or any part of this act if the com-
pound, mixture or preparation contains one or more active medicinal
ingredients not having a stimulant or depressant effect on the central
nervous system and if the admixtures are included therein in combina-
tions, quantity, proportion or concentration that vitiate the potential for
abuse of the substances which have a stimulant or depressant effect on
the central nervous system.

      Sec.  4. K.S.A. 1999 Supp. 65-4111 is hereby amended to read as
follows: 65-4111. (a) The controlled substances listed in this section are
included in schedule IV and the number set forth opposite each drug or
substance is the DEA controlled substances code which has been assigned
to it.

      (b) Any material, compound, mixture or preparation which contains
any quantity of the following substances including its salts, isomers and
salts of isomers whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation and having a
potential for abuse associated with a depressant effect on the central
nervous system:

(1)	Alprazolam	2882
(2)	Barbital	2145
(3)	Bromazepam	2748
(4)	Camazepam	2749
(5)	Chloral betaine	2460
(6)	Chloral hydrate	2465
(7)	Chlordiazepoxide	2744
(8)	Clobazam	2751
(9)	Clonazepam	2737
(10)	Clorazepate	2768
(11)	Clotiazepam	2752
(12)	Cloxazolam	2753
(13)	Delorazepam	2754
(14)	Diazepam	2765
(15)	Estazolam	2756
(16)	Ethchlorvynol	2540
(17)	Ethinamate	2545
(18)	Ethyl loflazepate	2758
(19)	Fludiazepam	2759
(20)	Flunitrazepam	2763
(21)	Flurazepam	2767
(22)	Halazepam	2762
(23)	Haloxazolam	2771
(24)	Ketazolam	2772
(25)	Loprazolam	2773
(26)	Lorazepam	2885
(27)	Lormetazepam	2774
(28)	Mebutamate	2800
(29)	Medazepam	2836
(30)	Meprobamate	2820
(31)	Methohexital	2264
(32)	Methylphenobarbital (mephobarbital)	2250
(33)	Midazolam	2884
(34)	Nimetazepam	2837
(35)	Nitrazepam	2834
(36)	Nordiazepam	2838
(37)	Oxazepam	2835
(38)	Oxazolam	2839
(39)	Paraldehyde	2585
(40)	Petrichloral	2591
(41)	Phenobarbital	2285
(42)	Pinazepam	2883
(43)	Prazepam	2764
(44)	Quazepam	2881
(45)	Temazepam	2925
(46)	Tetrazepam	2886
(47)	Triazolam	2887
(48)	Zolpidem	2783
(49)	Gamma hydroxybutyric acid
(50)	Zaleplon	2781

      (c) Any material, compound, mixture, or preparation which contains
any quantity of fenfluramine (1670), including its salts, isomers (whether
optical, position or geometric) and salts of such isomers, whenever the
existence of such salts, isomers and salts of isomers is possible. The pro-
visions of this subsection (c) shall expire on the date fenfluramine and its
salts and isomers are removed from schedule IV of the federal controlled
substances act (21 United States code 812; 21 code of federal regulations
1308.14).

      (d) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers (whether optical, position or
geometric) and salts of such isomers whenever the existence of such salts,
isomers and salts of isomers is possible within the specific chemical des-
ignation:

(1)	Cathine (( + )-norpseudoephedrine)	1230
(2)	Diethylpropion	1610
(3)	Fencamfamin	1760
(4)	Fenproporex	1575
(5)	Mazindol	1605
(6)	Mefenorex	1580
(7)	Pemoline (including organometallic complexes and chelates thereof)	1530
(8)	Phentermine	1640

      The provisions of this subsection (d)(8) shall expire on the date phen-
termine and its salts and isomers are removed from schedule IV of the
federal controlled substances act (21 United States code 812; 21 code of
federal regulations 1308.14).

(9)	Pipradrol	1750
(10)	SPA((-)-1-dimethylamino-1,2-diphenylethane)	1635
(11)	Sibutramine	1675
(12)	Mondafinil	1680

      (e) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quan-
tity of the following, including salts thereof:

(1)	Pentazocine	9709
(2)	Butorphanol (including its optical isomers)	9720

      (f) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture or preparation containing any of the
following narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:

(1)	Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit	9167
(2)	Dextropropoxyphene (alpha-( + )-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane)	9278

      (g) Butyl nitrite and its salts, isomers, esters, ethers or their salts.

      (h) The board may except by rule and regulation any compound, mix-
ture or preparation containing any depressant substance listed in subsec-
tion (b) from the application of all or any part of this act if the compound,
mixture or preparation contains one or more active medicinal ingredients
not having a depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity, proportion or
concentration that vitiate the potential for abuse of the substances which
have a depressant effect on the central nervous system.

      Sec.  5. K.S.A. 1999 Supp. 65-4162 is hereby amended to read as
follows: 65-4162. (a) Except as authorized by the uniform controlled sub-
stances act, it shall be unlawful for any person to possess or have under
such person's control:

      (1) Any depressant designated in subsection (e) of K.S.A. 65-4105,
subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109
or subsection (b) of K.S.A. 65-4111, and amendments thereto;

      (2) any stimulant designated in subsection (f) of K.S.A. 65-4105, sub-
section (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A.
65-4109, and amendments thereto;

      (3) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-
4105 and amendments thereto or designated in subsection (g) of K.S.A.
65-4107 and amendments thereto or designated in subsection (g) of K.S.A.
65-4109 and amendments thereto;

      (4) any substance designated in subsection (g) of K.S.A. 65-4105, and
amendments thereto, and designated in subsection (c), (d), (e), (f) or (g)
of K.S.A. 65-4111 and amendments thereto; or

      (5) any anabolic steroids as defined in subsection (f) of K.S.A. 65-
4109, and amendments thereto.

      Except as otherwise provided, any person who violates this subsection
shall be guilty of a class A nonperson misdemeanor. If any person has a
prior conviction under this section, a conviction for a substantially similar
offense from another jurisdiction or a conviction of a violation of an or-
dinance of any city or resolution of any county for a substantially similar
offense if the substance involved was marijuana or tetrahydrocannabinol
as designated in subsection (d) of K.S.A. 65-4105 and amendments
thereto, then such person shall be guilty of a drug severity level 4 felony.

      (b) 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.

      (c) For purposes of the uniform controlled substances act, the pro-
hibitions contained in this section shall apply to controlled substance an-
alogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments
thereto.

      (d) The provisions of this section shall be part of and supplemental
to the uniform controlled substances act.

      Sec.  6. K.S.A. 1999 Supp. 65-4163 is hereby amended to read as
follows: 65-4163. (a) Except as authorized by the uniform controlled sub-
stances act, it shall be unlawful for any person to sell, offer for sale or
have in such person's possession with the intent to sell, deliver or distrib-
ute; cultivate; prescribe; administer; deliver; distribute; dispense or com-
pound:

      (1) Any depressant designated in subsection (e) of K.S.A. 65-4105,
subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109
or subsection (b) of K.S.A. 65-4111, and amendments thereto;

      (2) any stimulant designated in subsection (f) of K.S.A. 65-4105, sub-
section (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A.
65-4109, and amendments thereto;

      (3) any hallucinogenic drug designated in subsection (d) of K.S.A. 65-
4105, and amendments thereto or designated in subsection (g) of K.S.A.
65-4107 and amendments thereto or designated in subsection (g) of K.S.A.
65-4109 and amendments thereto;

      (4) any substance designated in subsection (g) of K.S.A. 65-4105, and
amendments thereto, and designated in subsection (c), (d), (e), (f) or (g)
of K.S.A. 65-4111, and amendments thereto; or

      (5) any anabolic steroids as defined in subsection (f) of K.S.A. 65-
4109, and amendments thereto.

      Except as provided in subsection (b), any person who violates this sub-
section shall be guilty of a drug severity level 3 felony.

      (b) Notwithstanding any other provision of law, upon conviction of
any person pursuant to subsection (a) for an offense in which the sub-
stances involved were possessed with intent to sell, sold or offered for
sale in or on, or within 1,000 feet of any school property upon which is
located a structure used by a unified school district or an accredited non-
public school for student instruction or attendance or extracurricular ac-
tivities of pupils enrolled in kindergarten or any of the grades one through
12 and such person is 18 or more years of age, such person shall be guilty
of a drug severity level 2 felony.

      Nothing in this subsection shall be construed as requiring that school
be in session or that classes are actually being held at the time of the
offense or that children must be present within the structure or on the
property during the time of any alleged criminal act. If the structure or
property meets the description above, the actual use of that structure or
property at the time alleged shall not be a defense to the crime charged
or the sentence imposed.

      (c) 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.

      (d) For purposes of the uniform controlled substances act, the pro-
hibitions contained in this section shall apply to controlled substance an-
alogs as defined in subsection (bb) of K.S.A. 65-4101 and amendments
thereto.

      (e) The provisions of this section shall be part of and supplemental
to the uniform controlled substances act.

 Sec.  7. K.S.A. 65-4109 and K.S.A. 1999 Supp. 21-3445, 65-4107, 65-
4111, 65-4111a, 65-4162 and 65-4163 are hereby repealed.
 Sec.  8. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 19, 2000.
 Published in the Kansas Register April 27, 2000.
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