21-5708. Unlawfully obtaining or selling a prescription-only drug.

360 words·~2 min read·/ks/chapter-21/21-5708

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unlawfully obtaining a prescription-only drug is:

(1)Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner;

(2)distribution of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;

(3)possession of a prescription order with intent to distribute it and knowing it to have been made, altered or signed by a person other than a practitioner or a mid-level practitioner;

(4)possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner or a mid-level practitioner; or

(5)providing false information, with the intent to deceive, to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.

(b)Unlawfully selling a prescription-only drug is unlawfully obtaining a prescription-only drug, as defined in subsection (a), and:

(1)Selling the prescription-only drug so obtained;

(2)offering for sale the prescription-only drug so obtained; or

(3)possessing with intent to sell the prescription-only drug so obtained.

(1)Unlawfully obtaining a prescription-only drug is a:

(A)Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and

(B)nondrug severity level 9, nonperson felony if that person has a prior conviction of under this section, K.S.A. 2010 Supp. 21-36a08 , prior to its transfer, or K.S.A. 21-4214 , prior to its repeal.

(2)Unlawfully selling a prescription-only drug is a nondrug severity level 6, nonperson felony.

(d)As used in this section:

(1)"Pharmacist," "practitioner," "mid-level practitioner" and "prescription-only drug" shall have the meanings ascribed thereto by K.S.A. 65-1626 , and amendments thereto.

(2)"Prescription order" means an order transmitted in writing, orally, telephonically or by other means of communication for a prescription-only drug to be filled by a pharmacist. "Prescription order" does not mean a drug dispensed pursuant to such an order.

(e)The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under K.S.A. 21-5705 or 21-5706 , and amendments thereto.