K.S.A. » Chapter 65
Kansas Statutes Annotated

K.S.A. § 65-4127c (2026)

General penalties; criminal penalties not applicable to violations of regulations

✓ current as of May 2026
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65-4127c. General penalties; criminal penalties not applicable to violations of regulations. Any person violating any of the provisions of the uniform controlled substances act shall be guilty of a class A nonperson misdemeanor. The criminal penalties prescribed for violations of the uniform controlled substances act shall not be applicable to violations of the rules and regulations adopted by the board pursuant thereto.

History: L. 1973, ch. 259, § 3; L. 1974, ch. 258, § 10; L. 1994, ch. 291, § 78; L. 1994, ch. 338, § 12; L. 2009, ch. 32, § 55; July 1.

CASE ANNOTATIONS

1. Penalty provision of K.S.A. 65-4127c has no application to violation of K.S.A. 65-4159; no error in imposing severity level 1 felony sentence. State v. Layton, 276 Kan. 777, 80 P.3d 65 (2003).

2. Cited; appeal right is statutory; timely filing of notice of appeal is jurisdictional. Barr v. State, 287 Kan. 190, 192, 196 P.3d 357 (2008).


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Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 2002–2022 · leading case: Laymon v. State, 122 P.3d 326 (Kan. 2005).
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Laymon v. State, 122 P.3d 326 (Kan. 2005). · cites it 16× “65-4159 was entitled to be sentenced instead under the misdemeanor provision in K.S.A. 65-4127c. The Court of Appeals ruled against the defense position in both cases — in Luttig on October 4, 2002, and in Layton on March 28, 2003 — adopting the rationale that K.”
State v. Layton, 80 P.3d 65 (Kan. 2003). · cites it 13× “He argues that K.S.A. 2001 Supp. 65-4127c (now K.S.A. 65-4127c) provides that a violation of 65-4159 is a class A misdemeanor, not a felony.”
State v. Stevens, 101 P.3d 1190 (Kan. 2004). · cites it 4× “First, he contends that the penalty provision of K.S.A. 65-4127c applies to a violation of K.”
State v. Luttig, 54 P.3d 974 (Kan. Ct. App. 2002). · cites it 5× “65-4159 and K.S.A. 2001 Supp. 65-4127c set forth penalty provisions for die same crime, but the latter sets the severity level as a class A nonperson misdemeanor; thus, the trial court was required to sentence him according to the lesser penalty provision.”
State v. Barnes, 92 P.3d 578 (Kan. 2004). “The Court of Appeals also held that the lesser misdemeanor penalty under K.S.A. 65-4127c did not apply and that the sentencing court did not err in imposing a drug severity level 4 felony sentence for Barnes’ conviction of possession of drug paraphernalia.”
State v. Boley, 113 P.3d 248 (Kan. 2005). “The district court accepted the plea after questioning Boley to ascertain the voluntariness of his plea.”
Barr v. State, 196 P.3d 357 (Kan. 2008). “Before sentencing, Barr moved to classify his crime as a misdemeanor rather than a felony, relying on K.S.A. 65-4127c and State v. Nunn, 244 Kan.”
State v. Boley, 95 P.3d 1022 (Kan. Ct. App. 2004). “Prior to sentencing, the defendant filed an objection to the imposition of a drug severity level 1 penalty to his conviction for attempted manufacture of methamphetamine, arguing alternatively that manufacture of methamphetamine should be a misdemeanor under K.S.A. 65-4127c or…”
State v. Layton, 65 P.3d 551 (Kan. Ct. App. 2002). · cites it 5× “He contends K.S.A. 2001 Supp. 65-4127c provides that K.”
State v. Lafleur, 122 P.3d 831 (Kan. Ct. App. 2005). · cites it 5× “Finally, Lafleur argues K.S.A. 65-4127c should determine the severity level for the crime of unlawful use of a communication facility, rather than K.”
State v. Surowski, 212 P.3d 229 (Kan. Ct. App. 2009). “65-4160(a) because possession of a schedule III narcotic is only a class A misdemeanor under K.S.A. 65-4127c. The State argued that because both hydrocodone and Lortab, which contains hydrocodone and acetaminophen, are narcotics, and because K.”
Dines v. Kelly (D. Kan. 2022). · cites it 2× “K.S.A. § 65-4127c. -6- Hemp Act excludes products with a THC concentration of more than 0.”
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