This is the current law on Marijuana possession in Overland Park Municipal Court. This information is current as of 6/11/2021.
11.56.140 Unlawful Possession of Drugs - Exceptions.
- It is unlawful for any person to deliver, possess, manufacture, have under his control, sell, or offer for sale any drug controlled substance or marijuana all as defined in 11.56.130, unless:
- Such drug is delivered by a pharmacist, or his authorized agent, in good faith upon prescription and there is affixed to the immediate container in which such drug is delivered a label bearing:
- The name and address of the owner of the establishment from which such drug was delivered,
- The date on which the prescription for such drug was filled,
- The number of such prescription as filed in the prescription files of the pharmacist who filled such prescription,
- The name of the practitioner who prescribed such drug,
- The name and address of the patient, and if such drug was prescribed for an animal, a statement showing the species of the animal, and
- The direction for use of the drug and cautionary statements, if any, as contained in the prescription; and
- In the event that such delivery is pursuant to telephonic order, such prescription shall be promptly reduced to writing and filed by the pharmacist; or
- Such drug is delivered by a practitioner in good faith and in the course of his professional practice only.
- It is unlawful for any person to refill any prescription for a drug unless such refilling is specifically authorized by the prescriber.
- It is unlawful for any person to fail to keep the records required by 11.56.160.
- It is unlawful for any person to possess a drug unless such person obtained such drug on the prescription of a practitioner or in accordance with subsection A(3) of this section or from a person licensed by the laws of any other state or the District of Columbia to prescribe or dispense drugs.
- It is unlawful for any person to refuse to make available and to accord full opportunity to check any record, file, stock or inventory as required by 11.56.170.
- It is unlawful for any person to use to his own advantage, or to reveal other than to a public officer or employee charged with the duty of enforcing laws relating to the handling, sale and distribution of drugs, or to a court when relevant in a judicial proceeding, any information acquired under the authority of 11.56.170 concerning any method or process which as a trade secret is entitled to protection.
- It is unlawful for any person to obtain or attempt to obtain a drug by fraud, deceit, misrepresentation or subterfuge; or by the forgery or alteration of a prescription; or by the use of a false name or the giving of a false address.
- It is unlawful for any person to sell, offer for sale or have in his possession with the intent to sell any hallucinogenic or stimulating drug described in 11.56.130.