§ 5-701
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/md/criminal-law/5-701·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–701.
(a)Sections 5–701 through 5–704 of this subtitle apply to:
(1)the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and
(2)an authorized provider’s assistant who is not licensed to administer prescription drugs.
(b)A person may not dispense a prescription drug except:
(1)on an authorized provider’s:
(i)electronic prescription;
(ii)written prescription; or
(iii)oral prescription that the pharmacist reduces to writing and files; or
(2)by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized:
(i)by the authorized provider in the original prescription; or
(ii)by oral direction that the pharmacist reduces to writing and files.
(c)A person may not dispense a prescription drug by filling or refilling a written prescription, an electronic prescription, or an oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:
(1)the name and address of the dispenser;
(2)the serial number and date of the prescription;
(3)the name of the authorized provider; and
(4)if stated in the prescription, the name and address of the patient and the directions for use.
(d)Except as otherwise provided under this title, a person may not:
(1)manufacture, distribute, or possess with intent to distribute a prescription drug;
(2)affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;
(3)omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or
(4)obtain or attempt to obtain a prescription drug by:
(i)fraud, deceit, or misrepresentation;
(ii)the counterfeiting or altering of a prescription or written order;
(iii)concealing a material fact;
(iv)using a false name or address;
(v)falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or
(vi)making or issuing a false or counterfeit prescription or written order.
(e)A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.