Section 21-5708 - Unlawfully obtaining or selling a prescription-only drug(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.Amended by L. 2012, ch. 150,§ 12, eff. 7/1/2012. L. 2009, ch. 32, § 8; July 1; L. 2010, ch. 74, § 3.