Cedar Rapids man convicted in Benton County for diverting opioid pills for own use

A Cedar Rapids man who worked as a pharmacist in Belle Plaine was convicted last month of diverting oxycodone for his own use and replacing the opioids with an over-the- counter pain reliever.

Thomas Kelly, 55, pleaded in May to two charges of prohibited act — scheduled controlled substances, both Class C felonies, in Benton County District Court. He faces up to 20 years in prison. Sentencing is set for July 24.

The Iowa Board of Pharmacy indefinitely suspended Kelly’s pharmacy license until he is “deemed safe to resume practicing pharmacy,” following their internal investigation, according to board documents.

The board received notice in November 2024 that Kelly had been fired from Hartig Drug Co. in Belle Plaine for diverting oxycodone.

According to a criminal complaint, Kelly, over the course of four months, was illegally obtaining the opioids out of prescription bottles from the manufacturer, which Kelly would then replace with Aleve. He was confronted by management about this and admitted that he was taking the pills for his own use.

A total of 380 pills were taken, the complaint stated, which included 300 5mg oxycodone tablets, 30 7.5mg oxycodone tablets, 10 10mg oxycodone tablets, and 40 — 10mg hydrocodone tablets.

Police found evidence in the pharmacy with Kelly’s name printed on a prescription label bottle that contained some of the opioid tablets that were missing.

Investigators attempted to interview Kelly, who “immediately advised he knew why they were there, that he fully intends to cooperate, but that he needed to speak with his lawyer first,” according to the complaint.

His lawyer told law enforcement that he wouldn’t be making a statement.

Police said Kelly “knowingly and intentionally” obtained prescription medications by using his position entrusted into him to “deceive” and obtain controlled medications illegally.

Two other misdemeanor charges will be dismissed at sentencing as part of the plea agreement.

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