Section 21-5703 - Unlawful manufacturing of controlled substances(a) It shall be unlawful for any person to manufacture any controlled substance or controlled substance analog.(b) Violation or attempted violation of subsection (a) is a: (1) Drug severity level 2 felony, except as provided in subsections (b)(2) and (b)(3);(2) drug severity level 1 felony if: (A) The controlled substance is not methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof;(B) the controlled substance is not a fentanyl-related controlled substance; and(C) the offender has a prior conviction for unlawful manufacturing of a controlled substance under this section, K.S.A. 65-4159, prior to its repeal, K.S.A. 2010 Supp. 21-36a03, prior to its transfer, or a substantially similar offense from another jurisdiction and the substance was not methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, in any such prior conviction; and(3) drug severity level 1 felony if the controlled substance is methamphetamine, as defined by K.S.A. 65-4107(d)(3) or (f)(1), and amendments thereto, or an analog thereof, or is a fentanyl-related controlled substance.(c) The provisions of K.S.A. 21-5301(d), and amendments thereto, shall not apply to a violation of attempting to unlawfully manufacture any controlled substance or controlled substance analog pursuant to this section.(d) For persons arrested and charged under this section, bail shall be at least $50,000 cash or surety, and such person shall not be released upon the person's own recognizance pursuant to K.S.A. 22-2802, and amendments thereto, unless the court determines, on the record, that the defendant is not likely to re-offend, the court imposes pretrial supervision, or the defendant agrees to participate in a licensed or certified drug treatment program.(e) The sentence of a person who violates this section shall not be subject to statutory provisions for suspended sentence, community service work or probation.(f) The sentence of a person who violates this section, K.S.A. 65-4159, prior to its repeal or K.S.A. 2010 Supp. 21-36a03, prior to its transfer, shall not be reduced because these sections prohibit conduct identical to that prohibited by K.S.A. 65-4161 or 65-4163, prior to their repeal, K.S.A. 2010 Supp. 21-36a05, prior to its transfer, or K.S.A. 21-5705, and amendments thereto.Amended by L. 2023, ch. 94,§ 3, eff. 7/1/2023.Amended by L. 2014, ch. 90,§ 3, eff. 7/1/2014.Amended by L. 2013, ch. 37,§ 1, eff. 7/1/2013.Amended by L. 2012, ch. 150,§ 8, eff. 7/1/2012. L. 2009, ch. 32, § 3; July 1.