K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5707 (2026)

Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility

✓ current as of May 2026
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21-5707. Unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility. (a) It shall be unlawful for any person to knowingly or intentionally use any communication facility:

(1) In committing, causing, or facilitating the commission of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto; or

(2) in any attempt to commit, any conspiracy to commit, or any criminal solicitation of any felony under K.S.A. 21-5703, 21-5705 or 21-5706, and amendments thereto. Each separate use of a communication facility may be charged as a separate offense under this subsection.

(b) Violation of subsection (a) is a nondrug severity level 8, nonperson felony.

(c) As used in this section, "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures or sounds of all kinds and includes telephone, wire, radio, computer, computer networks, beepers, pagers and all other means of communication.

History: L. 2009, ch. 32, § 7; L. 2012, ch. 150, § 11; July 1.

Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 2016–2026 · leading case: State v. Torres, 421 P.3d 733 (Kan. 2018).
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State v. Torres, 421 P.3d 733 (Kan. 2018). · cites it 2× “To determine what the State needed to prove, we look to the statute- K.S.A. 2017 Supp. 21-5707(a)(1). It provides that the illegal use of a communication facility means knowingly or intentionally using a communication facility, such as a cell phone, to commit a drug crime.”
State v. Torres, 386 P.3d 532 (Kan. Ct. App. 2016). · cites it 2× “It’s true that the use of the communication facility itself must be knowing or intentional: “It shall be unlawful for any person to knowingly or intentionally use any communication facility [to commit certain felonies].”
State v. McClung (Kan. Ct. App. 2021). · cites it 6× “19 Applicable Law McClung was convicted of three counts of unlawfully distributing methamphetamine using a communication facility, which is a severity level 8 nonperson felony contrary to K.S.A. 2020 Supp. 21-5707(a)(2). In relevant part, K.”
In re J.O., 422 P.3d 1158 (Kan. 2018). “21-5705(a)(4) and two charges of use of a communication facility to sell a controlled substance, in violation of K.S.A. 21-5707. [J.O.] filed a motion to suppress all evidence obtained from the controlled buys.”
State v. Fulcher (Kan. Ct. App. 2024). “Fulcher faced four counts: two counts of unlawful manufacture, distribution, cultivation or possession of controlled substances using a communication facility in violation of K.S.A. 21-5707 (Counts I and III); and two counts of distribution of a controlled substance in violation…”
State v. Thompson (Kan. Ct. App. 2025). “21-5709(b)(1), (e)(2)(A); (3) use of a communication facility for drug sales or purchases, a severity level 8, nondrug grid nonperson felony under K.S.A. 2021 Supp. 21-5707(a)(1); and (4) possession of marijuana, a class B, nonperson misdemeanor under K.”
State v. Colon (Kan. Ct. App. 2026). “Colon contends that because cocaine is listed as a separate controlled substance from "coca leaves" and "any salt, compound, derivative or preparation of coca leaves," those terms must not encompass cocaine.”
State v. Dixon (Kan. Ct. App. 2026). “The State charged Dixon with one count of distribution of or possession with intent to distribute fentanyl, under K.S.A. 2021 Supp. 21-5705(a), and one count of unlawful use of a communications facility (a telephone) to arrange a drug transaction, under K.”
— K.S.A. § 21-5707(a) — 1 case
State v. Colon (Kan. Ct. App. 2026). “Colon contends that because cocaine is listed as a separate controlled substance from "coca leaves" and "any salt, compound, derivative or preparation of coca leaves," those terms must not encompass cocaine.”
— K.S.A. § 21-5707(a)(1) — 3 cases
State v. Torres, 421 P.3d 733 (Kan. 2018). “To determine what the State needed to prove, we look to the statute- K.S.A. 2017 Supp. 21-5707(a)(1). It provides that the illegal use of a communication facility means knowingly or intentionally using a communication facility, such as a cell phone, to commit a drug crime.”
State v. Torres, 386 P.3d 532 (Kan. Ct. App. 2016). “It’s true that the use of the communication facility itself must be knowing or intentional: “It shall be unlawful for any person to knowingly or intentionally use any communication facility [to commit certain felonies].”
State v. Thompson (Kan. Ct. App. 2025). “21-5709(b)(1), (e)(2)(A); (3) use of a communication facility for drug sales or purchases, a severity level 8, nondrug grid nonperson felony under K.S.A. 2021 Supp. 21-5707(a)(1); and (4) possession of marijuana, a class B, nonperson misdemeanor under K.”
— K.S.A. § 21-5707(a)(2) — 1 case
State v. McClung (Kan. Ct. App. 2021). “19 Applicable Law McClung was convicted of three counts of unlawfully distributing methamphetamine using a communication facility, which is a severity level 8 nonperson felony contrary to K.S.A. 2020 Supp. 21-5707(a)(2). In relevant part, K.”
— K.S.A. § 21-5707(a)(l) — 1 case
State v. Torres, 386 P.3d 532 (Kan. Ct. App. 2016). “It’s true that the use of the communication facility itself must be knowing or intentional: “It shall be unlawful for any person to knowingly or intentionally use any communication facility [to commit certain felonies].”
— K.S.A. § 21-5707(c) — 1 case
State v. McClung (Kan. Ct. App. 2021). “19 Applicable Law McClung was convicted of three counts of unlawfully distributing methamphetamine using a communication facility, which is a severity level 8 nonperson felony contrary to K.S.A. 2020 Supp. 21-5707(a)(2). In relevant part, K.”
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