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Kansas-- NAC Peyote Exemption
Chapter 65.--PUBLIC HEALTH
Article 41.--CONTROLLED SUBSTANCES
65-4116.
Registration requirements, exceptions; termination of registration. (a) Every person who
manufactures, distributes or
dispenses any controlled substance within this state or who proposes to engage in the
manufacture, distribution or dispensing of any controlled
substance within this state shall obtain annually a registration issued by the board in
accordance with the uniform controlled substances act and
with rules and regulations adopted by the board.
(b) Persons registered by the board under this act to manufacture, distribute, dispense or
conduct research with controlled substances may
possess, manufacture, distribute, dispense or conduct research with those substances to
the extent authorized by their registration and in
conformity with the other provisions of this act.
(c) The following persons need not register and may lawfully possess controlled substances
under this act, as specified in this subsection:
(1) An agent or employee of any registered manufacturer, distributor or dispenser of any
controlled substance if the agent or employee is
acting in the usual course of such agent or employee's business or employment;
(2) a common or contract carrier or warehouseman or an employee thereof whose possession
of any controlled substance is in the usual
course of business or employment;
(3) an ultimate user or a person in possession of any controlled substance pursuant to a
lawful order of a practitioner or a mid-level
practitioner or in lawful possession of a schedule V substance;
(4) persons licensed and registered by the board under the provisions of the acts
contained in article 16 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto, to manufacture, dispense or distribute drugs
are considered to be in compliance with the
registration provision of the uniform controlled substances act without additional
proceedings before the board or the payment of additional fees,
except that manufacturers and distributors shall complete and file the application form
required under the uniform controlled substances act;
(5) any person licensed by the state board of healing arts under the Kansas healing arts
act;
(6) any person licensed by the state board of veterinary examiners;
(7) any person licensed by the Kansas dental board;
(8) a mid-level practitioner; and
(9) any person who is a member of the Native American Church, with respect to use or
possession of peyote, whose use or possession of
peyote is in, or for use in, bona fide religious ceremonies of the Native American Church,
but nothing in this paragraph shall authorize the use or
possession of peyote in any place used for the confinement or housing of persons arrested,
charged or convicted of criminal offenses or in the
state security hospital.
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