21-36a08. Unlawfully obtaining and distributing a prescription-only drug.
21-36a08
21-36a08. Unlawfully obtaining and distributing aprescription-only drug.(a) Unlawfully obtaining and distributing aprescription-only drug is:
(1) Making, altering or signing of a prescription order by a person otherthan apractitioner or a mid-level practitioner;
(2) distribution of a prescription order, knowing it to have been made,altered or signedby a person other than a practitioner or a mid-level practitioner;
(3) possession of a prescription order with intent to distribute it andknowing it to havebeen made, altered or signed by a person other than a practitioner or amid-level practitioner;
(4) possession of a prescription-only drug knowing it to have been obtainedpursuant to aprescription order made, altered or signed by a person other than apractitioner or a mid-levelpractitioner; or
(5) providing false information to a practitioner or mid-level practitionerfor the purposeof obtaining a prescription-only drug.
(b) (1) Unlawfully obtaining and distributing a prescription-only drug isaclass A nonpersonmisdemeanor, exceptthat:
(2) Unlawfully obtaining and distributing a prescription-only drug isa nondrug severity level 6,nonperson felony ifthat person is distributing, and such distribution involves selling, possessingwith the intent to sell, or offering for sale theprescription-only drug soobtained; and
(3) Unlawfully obtaining and distributing a prescription-only drug isa nondrug severity level 9 nonpersonfelony if thatperson has a prior conviction of paragraph (1) or K.S.A. 21-4214prior to its repeal.
(c) 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 amendmentsthereto.
(2) "Prescription order" means an order transmitted inwriting, orally, telephonically or byother means of communication for aprescription-onlydrug to be filled by a pharmacist. "Prescription order" does not mean a drugdispensed pursuantto such an order.
(d) The provisions of this section shall not be applicable to prosecutionsinvolvingprescription-only drugs which could be bought [brought] under K.S.A. 2009Supp. 21-36a05or 21-36a06, andamendments thereto.
History: L. 2009, ch. 32, § 8; July 1.