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
B. 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.
3. “Distribute” means the actual, constructive or attempted transfer from one person to another of some item whether or not there is an agency relationship. “Distribute” includes, but is not limited to, sale, offer for sale or any act that causes some item to be transferred from one person to another. “Distribute” does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act or otherwise authorized by law.
4. “Drug” means:
b. substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals;
c. substances, other than food, intended to affect the structure or any function of the body of man or animals; and
d. substances intended for use as a component of any article specified in subparagraph a., b. or c. It does not include devices or their components, parts or accessories.
C. The provisions of this Section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the Uniform Controlled Substances Act and to which the provisions of K.S.A. 65-4127a or 65-4127b, or K.S.A. Supp. 65-4160 through 65-4164 and amendments thereto, would be applicable. (K.S.A. Supp. 21-5708)