§ 5-604. Counterfeit substance

   (a) "Counterfeit substance" defined. -- In this section, "counterfeit substance" means a controlled dangerous substance, or its container or labeling, that:

   (1) without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and

   (2) thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser.

(b) Prohibited -- Creating or possessing counterfeit substance. -- Except as otherwise provided in this title, a person may not:

   (1) create or distribute a counterfeit substance; or

   (2) possess a counterfeit substance with intent to distribute it.

(c) Prohibited -- Equipment to create counterfeit substance. -- Except as otherwise provided in this title, a person may not manufacture, distribute, or possess equipment that is designed to print, imprint, or reproduce an authentic or imitation trademark, trade name, other identifying mark, imprint, number, or device of another onto a drug or the container or label of a drug, rendering the drug a counterfeit substance.

HISTORY: An. Code 1957, art. 27, § 277(g), 286(a)(2), (3); 2002, ch. 26, § 2; 2006, ch. 327.