{"data":{"id":"us-ks/k.s.a.-21-5708","jurisdiction":"us-ks","citation":"K.S.A. 21-5708","heading":"Unlawfully obtaining or selling a prescription-only drug.","body":"(a) Unlawfully obtaining a prescription-only drug is:\n(1) Making, altering or signing of a prescription order by a person other than a practitioner or a mid-level practitioner;\n(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;\n(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;\n(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\n(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.\n(b) Unlawfully selling a prescription-only drug is unlawfully obtaining a prescription-only drug, as defined in subsection (a), and:\n(1) Selling the prescription-only drug so obtained;\n(2) offering for sale the prescription-only drug so obtained; or\n(3) possessing with intent to sell the prescription-only drug so obtained.\n(c) (1) Unlawfully obtaining a prescription-only drug is a:\n(A) Class A nonperson misdemeanor, except as provided in subsection (c)(1)(B); and\n(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.\n(2) Unlawfully selling a prescription-only drug is a nondrug severity level 6, nonperson felony.\n(d) As used in this section:\n(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.\n(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.\n(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.","path":["Chapter 21.—CRIMES AND PUNISHMENTS","Article 57.—CRIMES INVOLVING CONTROLLED SUBSTANCES"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_057_0008.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:11:11Z","sha256":"9740587025000d26adf277a32c84e6c57f55e0ce5f7eb2f8a1b67058362a60f4","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-21-5707","next":"us-ks/k.s.a.-21-5709"},"notice":"GroundRules: Original legal text. Not legal advice."}