Kansas § 21-5708 Unlawfully obtaining or selling a prescription-only drug

Kansas Statutes

§ 21-5708 — Unlawfully obtaining or selling a prescription-only drug

Kansas § 21-5708

Ch. 21CRIMES AND PUNISHMENTS

Art. 57CRIMES INVOLVING CONTROLLED SUBSTANCES

This text of Kansas § 21-5708 (Unlawfully obtaining or selling a prescription-only drug) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 21-5708 (2026).

Text

(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 practition

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(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.
(c) (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.