§ 5-503. Opium

   (a) "Opium" defined. -- In this section, "opium" includes:

   (1) codeine; and

   (2) a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium.

(b) Prescription required; exceptions. --

   (1) Except on a valid prescription of an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not dispense, give, or sell a preparation containing opium or any of its derivatives.

   (2) This subsection does not apply to:

      (i) a sale made to an authorized provider; or

      (ii) a sale made by a manufacturer, distributor, or licensed pharmacy to a hospital or institution that operates a dispensary in which an authorized provider is in charge.

(c) Possession of opium. --

   (1) Except on a prescription from an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not possess or control a preparation containing opium or its derivatives.

   (2) A person may possess or control a preparation containing opium or its derivatives if the possession or control is in the regular course of lawful business, occupation, profession, employment, or duty of the person.

(d) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

   (1) for a first violation, a fine not exceeding $ 1,000;

   (2) for a second violation, a fine not exceeding $ 2,000; or

   (3) for each subsequent violation, imprisonment not exceeding 18 months.

HISTORY: An. Code 1957, art. 27, § 285(d); 2002, ch. 26, § 2; 2003, ch. 21, § 1.