History:
L. 1994, ch. 291, § 87; L. 1994, ch. 338, § 3; L. 1995, ch. 218, § 2; L. 2000, ch. 108, § 5; L. 2008, ch. 61, § 1; Repealed, L. 2009, ch. 32, § 64; July 1.
CASE ANNOTATIONS
1. Municipal conviction cannot be used as a prior conviction to classify conviction as felony. State v. Patterson, 23 Kan. App. 2d 346, 347, 930 P.2d 22 (1997).
2. Severity level of drug possession charge hereunder should have been enhanced for conviction under prior statute (K.S.A. 65-4127b). State v. Crank, 262 Kan. 449, 989 P.2d 890 (1997).
3. Conviction hereunder; law regarding police-citizen encounters discussed and applied to fourth amendment search and seizure issues. State v. Thompson, 284 Kan. 763, 166 P.3d 1015 (2007).
4. Conviction hereunder; new trial ordered after trial court allowed testimony about defendant's prior marijuana use. State v. Boggs, 38 Kan. App. 2d 683, 686, 170 P.3d 912 (2007).
5. Diversion agreement failed to contain mandatory waiver of certain rights; convictions reversed. State v. Moses, 38 Kan. App. 2d 840, 841, 173 P.3d 652 (2008).
6. Convictions hereunder vacated; trial court to conduct hearing to determine whether evidence is fruit of poisonous tree. State v. Poulton, 286 Kan. 1, 4, 179 P.3d 1145 (2008).
7. Cited; court discusses double jeopardy analysis to drug crimes, unitary conduct and unit of prosecution test. State v. Thompson, 287 Kan. 238, 241, 200 P.3d 22 (2008).
8. Cited; prior use of marijuana evidence held improper to prove intent of possession under facts of case. State v. Boggs, 287 Kan. 298, 310, 197 P.3d 441 (2008).
9. Charges hereunder; information received from defendant's phone conversations in jail held consented to by defendant; no wiretap violation. State v. Andrews, 39 Kan. App. 2d 19, 20, 176 P.3d 245 (2008).
10. Cited in discussing the term of duration for drug treatment and for probation. State v. Holt, 39 Kan. App. 2d 741, 742, 186 P.3d 803 (2008).
11. Cited; court not required to impose nonprison sentence even when such sentence is presumed, when. State v. Andelt, 40 Kan. App. 2d 796, 797, 195 P.3d 1220 (2008).
12. Uncounseled misdemeanor conviction obtained in violation of sixth amendment may not be used to enhance subsequent criminal proceedings. State v. Youngblood, 288 Kan. 659, 206 P.3d 518 (2009).
13. Defendant who fails to participate in ordered drug abuse treatment program is subject to serve underlying prison sentence. State v. Bee, 288 Kan. 733, 207 P.3d 244 (2009).
14. BIDS application fee procedures protect a defendant's constitutional right to counsel. State v. Casady, 289 Kan. 150, 210 P.3d 113 (2009).
16. Search of vehicle upheld; case law on vehicle searches discussed and applied. State v. Davison, 41 Kan. App. 2d 140, 202 P.3d 44 (2009).
17. Conviction hereunder upheld; traffic stop and smell of marijuana provided probable cause for search. State v. Preston, 41 Kan. App. 2d 981, 207 P.3d 1081 (2009).
20. Crimes of possession of marijuana and possession of drug paraphernalia are not multiplicitous. State v. Ralston, 43 Kan. App. 2d 353, 225 P.3d 741 (2010).
State v. Thompson, 166 P.3d 1015 (Kan. 2007). · cites it 2ד65-4152(a)(3), a severity level 4 drug felony; (6) possession of marijuana in violation of K.S.A. 65-4162(a)(3), a class A misdemeanor; and (7) possession of drug use paraphernalia in violation of K.”
State v. Youngblood, 206 P.3d 518 (Kan. 2009). · cites it 4דBecause of a prior misdemeanor possession of marijuana conviction in the Newton Municipal Court, the current possession of marijuana was charged as a felony pursuant to K.S.A. 65-4162(a), which provides: “Except as otherwise provided, any person who violates this subsection…”
State v. Casey, 211 P.3d 847 (Kan. Ct. App. 2009). · cites it 8ד65-4160 and K.S.A. 65-4162 applies when the defendant has committed the crime while on felony bond.”
State v. Crank, 939 P.2d 890 (Kan. 1997). · cites it 9דThe court took under advisement the question of whether Crank should be bound over on felony charges when his prior conviction under 65-4127b occurred before the adoption of the present statute, K.S.A. 1996 Supp. 65-4162. The court later ruled the plain and ordinary meaning of…”
State v. Overman, 348 P.3d 516 (Kan. 2015). · cites it 2ד65-4160(a); possession of marijuana in violation of K.S.A. 65-4162(a)(3); and possession with intent to use drug paraphernalia in violation of K.”
State v. Davison, 202 P.3d 44 (Kan. Ct. App. 2009). · cites it 6ד79-5208; one count of possession of marijuana, in violation of K.S.A. 65-4162; one count of possession of drug paraphernalia, in violation of K.”
State v. Lundquist, 55 P.3d 928 (Kan. Ct. App. 2002). · cites it 4דK.S.A. 2001 Supp. 65-4162(a)(3) states that “[e]xcept as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess or have under such person’s control: .”
State v. Thompson, 197 P.3d 355 (Kan. 2008). “65-4152(a)(3), a severity level 4 drug felony; (6) possession of marijuana in violation of K.S.A. 65-4162(a)(3), a class A misdemeanor; and (7) possession of drug use paraphernalia in violation of K.”
State v. Andelt, 217 P.3d 976 (Kan. 2009). · cites it 3ד65-4160 (or K.S.A. 65-4162) and meets certain criteria in terms of criminal history score and crime severity level, the sentencing court “shall commit the offender to treatment in a drug abuse treatment program until determined suitable for discharge by the court but the term of…”
State v. Toothman, 985 P.2d 701 (Kan. 1999). · cites it 2דOn October 8, 1997, the State filed a complaint charging Toothman with possession of a hallucinogenic drug (K.S.A. 1997 Supp. 65-4162[a][3]), possession of drug paraphernalia (K.”
McCormick v. Kline, 572 F.3d 841 (10th Cir. 2009). “§ 21-3808 , a misdemeanor; and unlawfully possessing or controlling marijuana in violation of Kan. Stat. Ann. § 65-4162 , a felony because of McCormick’s prior misdemeanor conviction for possession of marijuana.”
State v. Paul, 175 P.3d 840 (Kan. 2008). “There, we were called on to interpret K.S.A. 1996 Supp. 65-4162, which at that time contained similar language to the habitual criminal provisions currently contained in K.”
State v. Youngblood, 206 P.3d 518 (Kan. 2009). “Because of a prior misdemeanor possession of marijuana conviction in the Newton Municipal Court, the current possession of marijuana was charged as a felony pursuant to K.S.A. 65-4162(a), which provides: “Except as otherwise provided, any person who violates this subsection…”
State v. Crank, 939 P.2d 890 (Kan. 1997). “The court took under advisement the question of whether Crank should be bound over on felony charges when his prior conviction under 65-4127b occurred before the adoption of the present statute, K.S.A. 1996 Supp. 65-4162. The court later ruled the plain and ordinary meaning of…”
State v. Thompson, 166 P.3d 1015 (Kan. 2007). “65-4152(a)(3), a severity level 4 drug felony; (6) possession of marijuana in violation of K.S.A. 65-4162(a)(3), a class A misdemeanor; and (7) possession of drug use paraphernalia in violation of K.”
State v. Overman, 348 P.3d 516 (Kan. 2015). “65-4160(a); possession of marijuana in violation of K.S.A. 65-4162(a)(3); and possession with intent to use drug paraphernalia in violation of K.”
State v. Lundquist, 55 P.3d 928 (Kan. Ct. App. 2002). “K.S.A. 2001 Supp. 65-4162(a)(3) states that “[e]xcept as authorized by the uniform controlled substances act, it shall be unlawful for any person to possess or have under such person’s control: .”
State v. Thompson, 197 P.3d 355 (Kan. 2008). “65-4152(a)(3), a severity level 4 drug felony; (6) possession of marijuana in violation of K.S.A. 65-4162(a)(3), a class A misdemeanor; and (7) possession of drug use paraphernalia in violation of K.”
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