21-36a08.   Unlawfully obtaining and distributing a prescription-only drug. (a) Unlawfully obtaining and distributing 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 to a practitioner or mid-level practitioner for the purpose of obtaining a prescription-only drug.

      (b) (1)   Unlawfully obtaining and distributing a prescription-only drug is a class A nonperson misdemeanor, except that:

      (2)   Unlawfully obtaining and distributing a prescription-only drug is a nondrug severity level 6, nonperson felony if that person is distributing, and such distribution involves selling, possessing with the intent to sell, or offering for sale the prescription-only drug so obtained; and

      (3)   Unlawfully obtaining and distributing a prescription-only drug is a nondrug severity level 9 nonperson felony if that person has a prior conviction of paragraph (1) or K.S.A. 21-4214 prior 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 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.

      (d)   The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be bought [brought] under K.S.A. 2009 Supp. 21-36a05 or 21-36a06, and amendments thereto.

      History:   L. 2009, ch. 32, § 8; July 1.