Article 3. Possession of Marijuana, Drug Paraphernalia and Other Controlled Substances

11-301. Possession of possession of marijuana, simulated or fake marijuana.

(a) Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person to possess or have under such person’s control any marijuana as defined by K.S.A. 65-4101(o) or Simulated or Fake Marijuana), as defined by K.S.A. 65-4105 (d) (32), (33) and (34) and amendments thereto.

(b) The penalty for violation of this section shall be a fine of not more than $1,000.00 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment as may be just for any one offense, and is a Class B misdemeanor, as defined by the Uniform Public Offense Code, as adopted by the City of Marysville.

(Ord. 1913)

11-302. Possession of drug paraphernalia or simulated controlled substances.

(a) No person shall use or possess with the intent to use:

(1) Any simulated controlled substances which shall include, but not be limited to, those items as set forth in K.S.A. 65-4150(a), and amendments thereto.

(2) Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, pre-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance, in violation of the Uniform Controlled Substances Act. Drug paraphernalia shall include, but not be limited to those items set forth in K.S.A. 65-4150(b), as amended.

(b) The penalty for a violation of this section shall be a fine of not more than $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment as may be just for any one offense and is a Class B violation, as defined in the Uniform Public Offense Code, as adopted by the City of Marysville

(Code 2011; Ord. 1913)

11-303. Severability.

All items and words herein shall be interpreted and defined by the definitions set out in Chapter 65 of the Kansas Statutes Annotated, as the same now exists or is hereafter amended. Should any paragraph, sentence, subdivision, clause, phrase or section of this code be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this code as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional.

(Code 2011)