Kansas Statutes Annotated

K.S.A. § 65-4109 (2026)

Substances included in schedule III

✓ current as of May 2026

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65-4109. Substances included in schedule III. (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, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Any compound, mixture or preparation containing:
(A) Amobarbital2126
(B) Secobarbital2316
(C) Pentobarbital2271
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) Amobarbital2126
(B) Secobarbital2316
(C) Pentobarbital2271
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 schedules2100
(4) Chlorhexadol2510
(5) Lysergic acid7300
(6) Lysergic acid amide7310
(7) Methyprylon2575
(8) Sulfondiethylmethane2600
(9) Sulfonethylmethane2605
(10) Sulfonmethane2610
(11) Tiletamine and zolazepam or any salt thereof7295
Some trade or other names for a tiletamine-zolazepam combination product: Telazol
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 isomers7285
Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone
(13) Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or
of gamma hydroxybutyric acid contained in a drug product for which an application has
been approved under section 505 of the federal food, drug and cosmetic act
(14) Embutramide22020
(15) Perampanel, its salts, isomers, and salts of isomers2261
Some other names for perampanel: 2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2 dihydropyridin-3-yl) benzonitrile

(d) Any material, compound, mixture or preparation containing any of the following narcotic drugs or any salts calculated as the free anhydrous 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 opium9803
(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 amounts9804
(3) 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 amounts9807
(4) 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 amounts9808
(5) 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 amounts9809
(6) 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 amounts9810
(7) any material, compound, mixture or preparation containing any of the following narcotic
drugs or their salts, as set forth below:
(A) Buprenorphine9064

(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity 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 designation:

(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 substances1405
(2) Benzphetamine1228
(3) Chlorphentermine1645
(4) Chlortermine1647
(5) Phendimetrazine1615

(f) Anabolic steroids4000

"Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:

(1) 3β,17-dihydroxy-5a-androstane
(2) 3α,17β-dihydroxy-5a-androstane
(3) 5a-androstan-3,17-dione
(4) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene)
(5) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene)
(6) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene)
(7) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene)
(8) 1-androstenedione ([5α]-androst-1-en-3,17-dione)
(9) 4-androstenedione (androst-4-en-3,17-dione)
(10) 5-androstenedione (androst-5-en-3,17-dione)
(11) bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one)
(12) boldenone (17β-hydroxyandrost-1,4-diene-3-one)
(13) boldione (androsta-1,4-diene-3,17-dione)
(14) calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one)
(15) clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one)
(16) dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one)
(17) desoxymethyltestosterone (17α-methyl-5α-androst-2-en-17β-ol) (also known as "madol")
(18) Δ1-dihydrotestosterone (17β-hydroxy-5α-androst-1-en-3-one) (also known as "1-testosterone")
(19) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one)
(20) drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one)
(21) ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene)
(22) fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one)
(23) formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one)
(24) furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan)
(25) 13β-ethyl-17β-hydroxygon-4-en-3-one
(26) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one)
(27) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one)
(28) mestanolone (17α-methyl-17β-hydroxy-5-androstan-3-one)
(29) mesterolone (1α-methyl-17β-hydroxy-[5α]-androstan-3-one)
(30) methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one)
(31) methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene)
(32) methasterone (2α,17α-dimethyl-5α-androstan-17β-ol-3-one)
(33) methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one)
(34) 17α-methyl-3β,17β-dihydroxy-5a-androstane
(35) 17α-methyl-3α,17β-dihydroxy-5a-androstane
(36) 17α-methyl-3β,17β-dihydroxyandrost-4-ene
(37) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one)
(38) methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one)
(39) methyltrienolone (17α-methyl-17β-hydroxyestra-4,9,11-trien-3-one)
(40) methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one)
(41) mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one)
(42) 17α-methyl-Δ1-dihydrotestosterone (17β-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known
as "17-α-methyl-1-testosterone")
(43) nandrolone (17β-hydroxyestr-4-en-3-one)
(44) 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-ene)
(45) 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene)
(46) 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene)
(47) 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene)
(48) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione)
(49) 19-nor-4-androstenedione (estr-4-en-3,17-dione)
(50) 19-nor-5-androstenedione (estr-5-en-3,17-dione)
(51) norbolethone (13β, 17α-diethyl-17β-hydroxygon-4-en-3-one)
(52) norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one)
(53) norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one)
(54) normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one)
(55) oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one)
(56) oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one)
(57) oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one)
(58) prostanozol (17β-hydroxy-5α-androstano[3,2-c]pyrazole)
(59) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole)
(60) stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one)
(61) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone)
(62) testosterone (17β-hydroxyandrost-4-en-3-one)
(63) tetrahydrogestrinone (13β, 17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one)
(64) trenbolone (17β-hydroxyestr-4,9,11-trien-3-one)
(65) 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 administration.
(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 product7369
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.

(h) The board may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsection (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 stimulant or 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 stimulant or depressant effect on the central nervous system.

History: L. 1972, ch. 234, § 9; L. 1974, ch. 258, § 4; L. 1978, ch. 257, § 2; L. 1982, ch. 269, § 4; L. 1985, ch. 220, § 3; L. 1989, ch. 200, § 3; L. 1991, ch. 199, § 3; L. 1992, ch. 174, § 3; L. 2000, ch. 108, § 3; L. 2001, ch. 171, § 4; L. 2011, ch. 83, § 5; L. 2014, ch. 79, § 2; L. 2015, ch. 27, § 3; L. 2016, ch. 95, § 3; L. 2018, ch. 101, § 3; May 24.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2001–2021 · leading case: State v. Crosby, 479 P.3d 167 (Kan. 2021).

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State v. Crosby, 479 P.3d 167 (Kan. 2021). “21-5705(a) includes the alternatives "distribute" or "possess with the intent to distribute" it raises the question whether a person can ever be convicted of distribution of a controlled substance without first possessing the controlled substance as a matter of law.”

State v. Snellings, 273 P.3d 739 (Kan. 2012). · cites it 2× “65-4107 lists Schedule II substances, K.S.A. 65-4109 lists Schedule III substances, K.”

State v. Lundquist, 55 P.3d 928 (Kan. Ct. App. 2002). · cites it 2× “65-4107 and amendments thereto or designated in subsection (g) of K.S.A. 65-4109 and amendments thereto.” The statute prohibiting the possession of marijuana does not have any requirement that a particular amount of drugs be found.”

State v. Gibson, 52 P.3d 339 (Kan. Ct. App. 2002). “65-4107 and amendments thereto or designated in subsection (g) of K.S.A. 65-4109 and amendments thereto.” In order to sustain a conviction for possession of narcotics or dangerous drugs for purpose of sale, there must be sufficient proof of possession of such drugs and proof…”

State v. Wilt, 44 P.3d 300 (Kan. 2002). “65-4107 and amendments thereto or designated in subsection (g) of K.S.A. 65-4109 and amendments thereto; *276 “Except as provided in subsection (b), any person who violates this subsection shall be guilty of a drug severity level 3 felony.”

State v. Surowski, 212 P.3d 229 (Kan. Ct. App. 2009). · cites it 14× “However, K.S.A. 65-4109 makes no reference to punishment and does not state that possession of a schedule III drug constitutes a misdemeanor.”

State v. Delarosa, 288 P.3d 858 (Kan. Ct. App. 2012). “65-4105 and amendments thereto or designated in subsection (g) of K.S.A. 65-4109 and amendments thereto.” K.”

State v. Collins, 280 P.3d 763 (Kan. 2012). · cites it 3× “65-4107(b)(l) but were instead schedule III drugs under K.S.A. 65-4109(d)(4). In his view, K.S.A.”

State v. Schwarm, 21 P.3d 990 (N.D. 2001). “See K.S.A. 65-4109(f). Jack Cooper raised coon dogs for show competition and sport.”

— K.S.A. § 65-4109(b) — 1 case

State v. Surowski, 212 P.3d 229 (Kan. Ct. App. 2009). “However, K.S.A. 65-4109 makes no reference to punishment and does not state that possession of a schedule III drug constitutes a misdemeanor.”

— K.S.A. § 65-4109(d) — 1 case

— K.S.A. § 65-4109(d)(4) — 2 cases

State v. Collins, 280 P.3d 763 (Kan. 2012). “65-4107(b)(l) but were instead schedule III drugs under K.S.A. 65-4109(d)(4). In his view, K.S.A.”

— K.S.A. § 65-4109(e) — 1 case

— K.S.A. § 65-4109(f) — 2 cases

State v. Schwarm, 21 P.3d 990 (N.D. 2001). “See K.S.A. 65-4109(f). Jack Cooper raised coon dogs for show competition and sport.”

— K.S.A. § 65-4109(g) — 1 case

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