§ 10-131. Violations; defenses; penalties.

   (a) Distribution to persons under 21 years of age prohibited. -- A person may not distribute Salvia divinorum to an individual under the age of 21 years.

(b) Defenses. -- In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser's or recipient's driver's license or other valid identification issued by an employer, a government unit, or an institution of higher education that positively identified the purchaser or recipient as at least 21 years of age.

(c) Penalties. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

   (1) $ 1,000 for a first violation;

   (2) $ 2,000 for a second violation occurring within 2 years after the first violation; and

   (3) $ 6,000 for each subsequent violation occurring within 2 years after the preceding violation.

(d) Separate violations. -- For purposes of this section, each separate incident at a different time and occasion is a separate violation.

HISTORY: 2010, chs. 200, 201; 2011, ch. 392.