State v. SUROWSKI

Caplinger, J.:

The State challenges the order of the district court dismissing Count I against defendant Katherine Surowski. The State argues the district court erroneously concluded that the unlawful possession of Lortab is a misdemeanor under K.S.A. 65-4109(d) rather than a felony under K.S.A. 2006 Supp. 65-4160(a). We agree, and we find that under the plain language of K.S.A. 2006 Supp. 65-4160(a), possession of narcotics is a felony. Because neither party disputes that Lortab contains hydrocodone, a narcotic, the district court erred in finding that possession of Lortab is not a felony…