Prescription Drug Offenses in KS and MO
In Kansas, Missouri, and throughout the nation, illegal prescription drug use has become more frequent and for many, prescription drugs have become the drug of choice. Police officers can sometimes have difficulty in enforcing prescription drug laws because it is not always obvious that an individual is using the drug unlawfully and not for a prescribed purpose. In addition, it is not always clear whether the person in possession of the drug is the same person to whom the drugs were prescribed.
Both Kansas and Missouri have laws related to the unlawful use of prescription drugs. In addition, the states have implemented laws regarding regulation of prescription drugs and exactly who is allowed to prescribe these potentially dangerous drugs.
Kansas Prescription Drug Law
Under Kansas law, the unlawful obtaining and distributing of 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.
Kansas Penalties for Prescription Drug Offenses
If you are found to have violated prescription drug laws in Kansas, it will typically be charged as a Class A nonperson misdemeanor. However, depending on the severity of the drug and/or any previous convictions, the charge may be increased to a nonperson felony.
Missouri Law & Prescription Drugs
In Missouri, a pharmacist may sell and dispense controlled substances to any person only when the person has a prescription from an authorized practitioner within the state. Furthermore, all written prescriptions must be signed by the person who is prescribing the drug and must include the correct date and the full name and address of the intended patient.
Missouri Penalties for Prescription Drug Offenses
Missouri considers prescription drugs to be controlled substances and if you are found to unlawfully be in possession of a controlled substance, you will likely face tough penalties. Prescription drugs, along with other controlled substances, are classified as being in one of five categories, or “schedules.” The penalties and charges associated with your offense will depend on what schedule the drug falls in and whether you have been convicted in the past.
Should You Get an Attorney?
Charges associated with prescription drugs in Kansas and Missouri will range from misdemeanors to felonies. It is important to consult with a local defense attorney as soon as possible after your Kansas or Missouri arrest in order to fully understand the charges being brought against you and to ensure that your rights are being protected throughout the legal process.
