65-4101.Definitions.As used in this act: (a) "Administer" means the direct application of acontrolled substance, whether by injection, inhalation, ingestion or anyother means, to the body of a patient or research subject by: (1) Apractitioner or pursuant to the lawful direction of a practitioner; or
(2) the patient or research subject at the direction and in thepresence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or atthe direction of a manufacturer, distributor or dispenser. It does notinclude a common carrier, public warehouseman or employee ofthe carrier or warehouseman.
(c) "Board" means the state board of pharmacy.
(d) "Bureau" means the bureau of narcotics and dangerous drugs,United States department of justice, or its successor agency.
(e) "Controlled substance" means any drug, substance or immediateprecursor included in any of the schedules designated in K.S.A. 65-4105,65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections.
(f) "Counterfeit substance" means a controlled substance which, orthe container or labeling of which, without authorization bears thetrademark, trade name or other identifying mark, imprint, number ordevice or any likeness thereof of a manufacturer, distributor ordispenser other than the person who in fact manufactured, distributed ordispensed the substance.
(g) "Deliver" or "delivery" means the actual, constructive orattempted transfer from one person to another of a controlled substance,whether or not there is an agency relationship.
(h) "Dispense" means to deliver a controlled substance to anultimate user or research subject by or pursuant to the lawful order ofa practitioner, including the packaging, labeling or compoundingnecessary to prepare the substance for that delivery, or pursuant to theprescription of a mid-level practitioner.
(i) "Dispenser" means a practitioner or pharmacist who dispenses.
(j) "Distribute" means to deliver other than by administering ordispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means: (1) Substances recognized as drugs in the officialUnited States pharmacopoeia, official homeopathic pharmacopoeia of theUnited States or official national formulary or any supplement to any ofthem; (2) substances intended for use in the diagnosis, cure, mitigation,treatment or prevention of disease in man or animals; (3) substances (otherthan food) intended to affect the structure or any function of the body ofman or animals; and (4) substances intended for use as a component of anyarticle specified in clause (1), (2) or (3) of this subsection. It does notinclude devices or their components, parts or accessories.
(m) "Immediate precursor" means a substance which the board has found tobe and by rule and regulation designates as being the principal compoundcommonly used or produced primarily for use and which is an immediatechemical intermediary used or likely to be used in the manufacture of acontrolled substance, the control of which is necessary to prevent, curtailor limit manufacture.
(n) "Manufacture" means the production, preparation, propagation,compounding, conversion or processing of a controlled substance eitherdirectly or indirectly or by extraction from substances of naturaloriginor independently by means of chemical synthesis or by a combination ofextraction and chemical synthesis and includes any packaging orrepackaging of the substance or labeling or relabeling of its container,except that this term does not include the preparation or compounding ofa controlled substance by an individual for the individual's own lawfuluse or the preparation, compounding, packaging or labeling of a controlledsubstance:(1) By a practitioner or the practitioner's agent pursuant to a lawfulorder of a practitioner as an incident to the practitioner's administering ordispensing of a controlled substance in the course of the practitioner'sprofessional practice; or
(2) by a practitioner or by the practitioner's authorized agent undersuch practitioner's supervision for the purpose of or as an incident toresearch, teaching or chemical analysis or by a pharmacist or medical carefacility as an incident to dispensing of a controlled substance.
(o) "Marijuana" means all parts of all varieties ofthe plant Cannabis whethergrowing or not, the seeds thereof, the resinextracted from any part of the plant and every compound, manufacture,salt, derivative, mixture or preparation of the plant, its seeds orresin. It does not include the mature stalks of the plant, fiberproduced from the stalks, oil or cake made from the seeds of the plant,any other compound, manufacture, salt, derivative, mixture orpreparation of the mature stalks, except the resin extracted therefrom,fiber, oil, or cake or the sterilized seed of the plant which isincapable of germination.
(p) "Narcotic drug" means any of the following whether produceddirectly or indirectly by extraction from substances of vegetable originor independently by means of chemical synthesis or by a combination ofextraction and chemical synthesis: (1) Opium and opiate and any salt,compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereofwhich is chemically equivalent or identical with any of the substancesreferred to in clause (1) but not including the isoquinoline alkaloidsof opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation ofcoca leaves, and any salt, compound, isomer, derivative or preparationthereof which is chemically equivalent or identical with any of thesesubstances, but not including decocainized coca leaves or extractions ofcoca leaves which do not contain cocaine or ecgonine.
(q) "Opiate" means any substance having an addiction-forming oraddiction-sustaining liability similar to morphine or being capable ofconversion into a drug having addiction-forming or addiction-sustainingliability. It does not include, unless specifically designated ascontrolled under K.S.A. 65-4102 and amendments thereto, thedextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts(dextromethorphan). It does include its racemic and levorotatory forms.
(r) "Opium poppy" means the plant of the species Papaversomniferum l. except its seeds.
(s) "Person" means individual, corporation, government, orgovernmental subdivision or agency, business trust, estate, trust,partnership or association or any other legal entity.
(t) "Poppy straw" means all parts, except the seeds, of the opiumpoppy, after mowing.
(u) "Pharmacist" means an individual currently licensed by the boardto practice the profession of pharmacy in this state.
(v) "Practitioner" means a person licensed to practice medicine andsurgery, dentist, podiatrist, veterinarian,optometrist licensed under the optometry law as a therapeutic licensee ordiagnostic and therapeutic licensee, or scientific investigator or otherperson authorized by law to use a controlled substance in teaching or chemicalanalysis or to conduct research with respect to a controlled substance.
(w) "Production" includes the manufacture, planting, cultivation,growing or harvesting of a controlled substance.
(x) "Ultimate user" means a person who lawfully possesses a controlledsubstance for such person's own use or for the use of a member of suchperson's household or for administering to an animal owned by such personor by a member of such person's household.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "Medical care facility" shall have the meaning ascribed to thatterm in K.S.A. 65-425 and amendments thereto.
(aa) "Cultivate" means the planting or promotion of growth of five ormore plants which contain or can produce controlled substances.
(bb) (1) "Controlled substance analog" means a substance that isintended for human consumption, and:
(A) The chemicalstructure of which is substantially similar to the chemical structure of acontrolled substance listed in or added to the schedules designated in K.S.A.65-4105 or 65-4107 and amendments thereto;
(B) which has a stimulant,depressant or hallucinogenic effecton the central nervous system substantially similar to the stimulant,depressant or hallucinogenic effect on the central nervous system of acontrolled substance included in the schedules designated in K.S.A. 65-4105 or65-4107 and amendments thereto; or
(C) with respect to a particular individual, which theindividual represents or intends to have a stimulant, depressant orhallucinogenic effect on the central nervous system substantially similar tothe stimulant, depressant or hallucinogenic effect on the central nervoussystem of a controlled substance included in the schedules designated in K.S.A.65-4105 or 65-4107 and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;or
(C) a substance with respect to which an exemption is in effect forinvestigational use by a particular person under section 505 of the federalfood, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with respectto the substance is permitted by the exemption.
(cc) "Mid-level practitioner" means an advanced registered nursepractitioner issued a certificate of qualification pursuant to K.S.A. 65-1131and amendments thereto, who has authority to prescribe drugs pursuant to awritten protocol with a responsible physician under K.S.A. 65-1130, andamendments thereto or a physician assistant licensed under the physicianassistant licensure act who has authority to prescribe drugs pursuant to awritten protocol with a responsible physician under K.S.A. 65-28a08and amendments thereto.
65-4101.Definitions.As used in this act: (a) "Administer" means the direct application of acontrolled substance, whether by injection, inhalation, ingestion or anyother means, to the body of a patient or research subject by: (1) Apractitioner or pursuant to the lawful direction of a practitioner; or
(2) the patient or research subject at the direction and in thepresence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or atthe direction of a manufacturer, distributor or dispenser. It does notinclude a common carrier, public warehouseman or employee ofthe carrier or warehouseman.
(c) "Board" means the state board of pharmacy.
(d) "Bureau" means the bureau of narcotics and dangerous drugs,United States department of justice, or its successor agency.
(e) "Controlled substance" means any drug, substance or immediateprecursor included in any of the schedules designated in K.S.A. 65-4105,65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections.
(f) "Counterfeit substance" means a controlled substance which, orthe container or labeling of which, without authorization bears thetrademark, trade name or other identifying mark, imprint, number ordevice or any likeness thereof of a manufacturer, distributor ordispenser other than the person who in fact manufactured, distributed ordispensed the substance.
(g) "Deliver" or "delivery" means the actual, constructive orattempted transfer from one person to another of a controlled substance,whether or not there is an agency relationship.
(h) "Dispense" means to deliver a controlled substance to anultimate user or research subject by or pursuant to the lawful order ofa practitioner, including the packaging, labeling or compoundingnecessary to prepare the substance for that delivery, or pursuant to theprescription of a mid-level practitioner.
(i) "Dispenser" means a practitioner or pharmacist who dispenses.
(j) "Distribute" means to deliver other than by administering ordispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means: (1) Substances recognized as drugs in the officialUnited States pharmacopoeia, official homeopathic pharmacopoeia of theUnited States or official national formulary or any supplement to any ofthem; (2) substances intended for use in the diagnosis, cure, mitigation,treatment or prevention of disease in man or animals; (3) substances (otherthan food) intended to affect the structure or any function of the body ofman or animals; and (4) substances intended for use as a component of anyarticle specified in clause (1), (2) or (3) of this subsection. It does notinclude devices or their components, parts or accessories.
(m) "Immediate precursor" means a substance which the board has found tobe and by rule and regulation designates as being the principal compoundcommonly used or produced primarily for use and which is an immediatechemical intermediary used or likely to be used in the manufacture of acontrolled substance, the control of which is necessary to prevent, curtailor limit manufacture.
(n) "Manufacture" means the production, preparation, propagation,compounding, conversion or processing of a controlled substance eitherdirectly or indirectly or by extraction from substances of naturaloriginor independently by means of chemical synthesis or by a combination ofextraction and chemical synthesis and includes any packaging orrepackaging of the substance or labeling or relabeling of its container,except that this term does not include the preparation or compounding ofa controlled substance by an individual for the individual's own lawfuluse or the preparation, compounding, packaging or labeling of a controlledsubstance:(1) By a practitioner or the practitioner's agent pursuant to a lawfulorder of a practitioner as an incident to the practitioner's administering ordispensing of a controlled substance in the course of the practitioner'sprofessional practice; or
(2) by a practitioner or by the practitioner's authorized agent undersuch practitioner's supervision for the purpose of or as an incident toresearch, teaching or chemical analysis or by a pharmacist or medical carefacility as an incident to dispensing of a controlled substance.
(o) "Marijuana" means all parts of all varieties ofthe plant Cannabis whethergrowing or not, the seeds thereof, the resinextracted from any part of the plant and every compound, manufacture,salt, derivative, mixture or preparation of the plant, its seeds orresin. It does not include the mature stalks of the plant, fiberproduced from the stalks, oil or cake made from the seeds of the plant,any other compound, manufacture, salt, derivative, mixture orpreparation of the mature stalks, except the resin extracted therefrom,fiber, oil, or cake or the sterilized seed of the plant which isincapable of germination.
(p) "Narcotic drug" means any of the following whether produceddirectly or indirectly by extraction from substances of vegetable originor independently by means of chemical synthesis or by a combination ofextraction and chemical synthesis: (1) Opium and opiate and any salt,compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereofwhich is chemically equivalent or identical with any of the substancesreferred to in clause (1) but not including the isoquinoline alkaloidsof opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation ofcoca leaves, and any salt, compound, isomer, derivative or preparationthereof which is chemically equivalent or identical with any of thesesubstances, but not including decocainized coca leaves or extractions ofcoca leaves which do not contain cocaine or ecgonine.
(q) "Opiate" means any substance having an addiction-forming oraddiction-sustaining liability similar to morphine or being capable ofconversion into a drug having addiction-forming or addiction-sustainingliability. It does not include, unless specifically designated ascontrolled under K.S.A. 65-4102 and amendments thereto, thedextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts(dextromethorphan). It does include its racemic and levorotatory forms.
(r) "Opium poppy" means the plant of the species Papaversomniferum l. except its seeds.
(s) "Person" means individual, corporation, government, orgovernmental subdivision or agency, business trust, estate, trust,partnership or association or any other legal entity.
(t) "Poppy straw" means all parts, except the seeds, of the opiumpoppy, after mowing.
(u) "Pharmacist" means an individual currently licensed by the boardto practice the profession of pharmacy in this state.
(v) "Practitioner" means a person licensed to practice medicine andsurgery, dentist, podiatrist, veterinarian,optometrist licensed under the optometry law as a therapeutic licensee ordiagnostic and therapeutic licensee, or scientific investigator or otherperson authorized by law to use a controlled substance in teaching or chemicalanalysis or to conduct research with respect to a controlled substance.
(w) "Production" includes the manufacture, planting, cultivation,growing or harvesting of a controlled substance.
(x) "Ultimate user" means a person who lawfully possesses a controlledsubstance for such person's own use or for the use of a member of suchperson's household or for administering to an animal owned by such personor by a member of such person's household.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "Medical care facility" shall have the meaning ascribed to thatterm in K.S.A. 65-425 and amendments thereto.
(aa) "Cultivate" means the planting or promotion of growth of five ormore plants which contain or can produce controlled substances.
(bb) (1) "Controlled substance analog" means a substance that isintended for human consumption, and:
(A) The chemicalstructure of which is substantially similar to the chemical structure of acontrolled substance listed in or added to the schedules designated in K.S.A.65-4105 or 65-4107 and amendments thereto;
(B) which has a stimulant,depressant or hallucinogenic effecton the central nervous system substantially similar to the stimulant,depressant or hallucinogenic effect on the central nervous system of acontrolled substance included in the schedules designated in K.S.A. 65-4105 or65-4107 and amendments thereto; or
(C) with respect to a particular individual, which theindividual represents or intends to have a stimulant, depressant orhallucinogenic effect on the central nervous system substantially similar tothe stimulant, depressant or hallucinogenic effect on the central nervoussystem of a controlled substance included in the schedules designated in K.S.A.65-4105 or 65-4107 and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;or
(C) a substance with respect to which an exemption is in effect forinvestigational use by a particular person under section 505 of the federalfood, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with respectto the substance is permitted by the exemption.
(cc) "Mid-level practitioner" means an advanced registered nursepractitioner issued a certificate of qualification pursuant to K.S.A. 65-1131and amendments thereto, who has authority to prescribe drugs pursuant to awritten protocol with a responsible physician under K.S.A. 65-1130, andamendments thereto or a physician assistant licensed under the physicianassistant licensure act who has authority to prescribe drugs pursuant to awritten protocol with a responsible physician under K.S.A. 65-28a08and amendments thereto.
65-4101.Definitions.As used in this act: (a) "Administer" means the direct application of acontrolled substance, whether by injection, inhalation, ingestion or anyother means, to the body of a patient or research subject by: (1) Apractitioner or pursuant to the lawful direction of a practitioner; or
(2) the patient or research subject at the direction and in thepresence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or atthe direction of a manufacturer, distributor or dispenser. It does notinclude a common carrier, public warehouseman or employee ofthe carrier or warehouseman.
(c) "Board" means the state board of pharmacy.
(d) "Bureau" means the bureau of narcotics and dangerous drugs,United States department of justice, or its successor agency.
(e) "Controlled substance" means any drug, substance or immediateprecursor included in any of the schedules designated in K.S.A. 65-4105,65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections.
(f) "Counterfeit substance" means a controlled substance which, orthe container or labeling of which, without authorization bears thetrademark, trade name or other identifying mark, imprint, number ordevice or any likeness thereof of a manufacturer, distributor ordispenser other than the person who in fact manufactured, distributed ordispensed the substance.
(g) "Deliver" or "delivery" means the actual, constructive orattempted transfer from one person to another of a controlled substance,whether or not there is an agency relationship.
(h) "Dispense" means to deliver a controlled substance to anultimate user or research subject by or pursuant to the lawful order ofa practitioner, including the packaging, labeling or compoundingnecessary to prepare the substance for that delivery, or pursuant to theprescription of a mid-level practitioner.
(i) "Dispenser" means a practitioner or pharmacist who dispenses.
(j) "Distribute" means to deliver other than by administering ordispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means: (1) Substances recognized as drugs in the officialUnited States pharmacopoeia, official homeopathic pharmacopoeia of theUnited States or official national formulary or any supplement to any ofthem; (2) substances intended for use in the diagnosis, cure, mitigation,treatment or prevention of disease in man or animals; (3) substances (otherthan food) intended to affect the structure or any function of the body ofman or animals; and (4) substances intended for use as a component of anyarticle specified in clause (1), (2) or (3) of this subsection. It does notinclude devices or their components, parts or accessories.
(m) "Immediate precursor" means a substance which the board has found tobe and by rule and regulation designates as being the principal compoundcommonly used or produced primarily for use and which is an immediatechemical intermediary used or likely to be used in the manufacture of acontrolled substance, the control of which is necessary to prevent, curtailor limit manufacture.
(n) "Manufacture" means the production, preparation, propagation,compounding, conversion or processing of a controlled substance eitherdirectly or indirectly or by extraction from substances of naturaloriginor independently by means of chemical synthesis or by a combination ofextraction and chemical synthesis and includes any packaging orrepackaging of the substance or labeling or relabeling of its container,except that this term does not include the preparation or compounding ofa controlled substance by an individual for the individual's own lawfuluse or the preparation, compounding, packaging or labeling of a controlledsubstance:(1) By a practitioner or the practitioner's agent pursuant to a lawfulorder of a practitioner as an incident to the practitioner's administering ordispensing of a controlled substance in the course of the practitioner'sprofessional practice; or
(2) by a practitioner or by the practitioner's authorized agent undersuch practitioner's supervision for the purpose of or as an incident toresearch, teaching or chemical analysis or by a pharmacist or medical carefacility as an incident to dispensing of a controlled substance.
(o) "Marijuana" means all parts of all varieties ofthe plant Cannabis whethergrowing or not, the seeds thereof, the resinextracted from any part of the plant and every compound, manufacture,salt, derivative, mixture or preparation of the plant, its seeds orresin. It does not include the mature stalks of the plant, fiberproduced from the stalks, oil or cake made from the seeds of the plant,any other compound, manufacture, salt, derivative, mixture orpreparation of the mature stalks, except the resin extracted therefrom,fiber, oil, or cake or the sterilized seed of the plant which isincapable of germination.
(p) "Narcotic drug" means any of the following whether produceddirectly or indirectly by extraction from substances of vegetable originor independently by means of chemical synthesis or by a combination ofextraction and chemical synthesis: (1) Opium and opiate and any salt,compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereofwhich is chemically equivalent or identical with any of the substancesreferred to in clause (1) but not including the isoquinoline alkaloidsof opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation ofcoca leaves, and any salt, compound, isomer, derivative or preparationthereof which is chemically equivalent or identical with any of thesesubstances, but not including decocainized coca leaves or extractions ofcoca leaves which do not contain cocaine or ecgonine.
(q) "Opiate" means any substance having an addiction-forming oraddiction-sustaining liability similar to morphine or being capable ofconversion into a drug having addiction-forming or addiction-sustainingliability. It does not include, unless specifically designated ascontrolled under K.S.A. 65-4102 and amendments thereto, thedextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts(dextromethorphan). It does include its racemic and levorotatory forms.
(r) "Opium poppy" means the plant of the species Papaversomniferum l. except its seeds.
(s) "Person" means individual, corporation, government, orgovernmental subdivision or agency, business trust, estate, trust,partnership or association or any other legal entity.
(t) "Poppy straw" means all parts, except the seeds, of the opiumpoppy, after mowing.
(u) "Pharmacist" means an individual currently licensed by the boardto practice the profession of pharmacy in this state.
(v) "Practitioner" means a person licensed to practice medicine andsurgery, dentist, podiatrist, veterinarian,optometrist licensed under the optometry law as a therapeutic licensee ordiagnostic and therapeutic licensee, or scientific investigator or otherperson authorized by law to use a controlled substance in teaching or chemicalanalysis or to conduct research with respect to a controlled substance.
(w) "Production" includes the manufacture, planting, cultivation,growing or harvesting of a controlled substance.
(x) "Ultimate user" means a person who lawfully possesses a controlledsubstance for such person's own use or for the use of a member of suchperson's household or for administering to an animal owned by such personor by a member of such person's household.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "Medical care facility" shall have the meaning ascribed to thatterm in K.S.A. 65-425 and amendments thereto.
(aa) "Cultivate" means the planting or promotion of growth of five ormore plants which contain or can produce controlled substances.
(bb) (1) "Controlled substance analog" means a substance that isintended for human consumption, and:
(A) The chemicalstructure of which is substantially similar to the chemical structure of acontrolled substance listed in or added to the schedules designated in K.S.A.65-4105 or 65-4107 and amendments thereto;
(B) which has a stimulant,depressant or hallucinogenic effecton the central nervous system substantially similar to the stimulant,depressant or hallucinogenic effect on the central nervous system of acontrolled substance included in the schedules designated in K.S.A. 65-4105 or65-4107 and amendments thereto; or
(C) with respect to a particular individual, which theindividual represents or intends to have a stimulant, depressant orhallucinogenic effect on the central nervous system substantially similar tothe stimulant, depressant or hallucinogenic effect on the central nervoussystem of a controlled substance included in the schedules designated in K.S.A.65-4105 or 65-4107 and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;or
(C) a substance with respect to which an exemption is in effect forinvestigational use by a particular person under section 505 of the federalfood, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with respectto the substance is permitted by the exemption.
(cc) "Mid-level practitioner" means an advanced registered nursepractitioner issued a certificate of qualification pursuant to K.S.A. 65-1131and amendments thereto, who has authority to prescribe drugs pursuant to awritten protocol with a responsible physician under K.S.A. 65-1130, andamendments thereto or a physician assistant licensed under the physicianassistant licensure act who has authority to prescribe drugs pursuant to awritten protocol with a responsible physician under K.S.A. 65-28a08and amendments thereto.
