§ 5-902. Prohibited acts  


Latest version.



  •    (a) In general. -- Except as otherwise authorized by this title, a person may not:

       (1) omit, remove, alter, or obliterate a symbol required by federal law for a substance governed by this title;

       (2) refuse or fail to make, keep, or furnish a record, notification, order form, statement, invoice, or information required under this title;

       (3) refuse entry into a premises or inspection, if the entry or inspection is authorized under this title; or

       (4) as a registrant or other authorized person under this title, keep or maintain a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place that is:

          (i) resorted to by persons using a controlled dangerous substance in violation of this title for the purpose of using a controlled dangerous substance; or

          (ii) used for keeping or selling a controlled dangerous substance in violation of this title.

    (b) Unauthorized manufacturing, distributing, or dispensing of a controlled dangerous substance. -- Unless authorized by the registrant's registration, a registrant may not manufacture, distribute, or dispense a controlled dangerous substance to another registrant or other authorized person.

    (c) Authorized providers. -- An authorized provider may not prescribe, administer, manufacture, distribute, dispense, or possess a controlled dangerous substance, drug paraphernalia, or controlled paraphernalia except:

       (1) in the course of regular professional duties; and

       (2) in conformity with this title and the standards of the authorized provider's profession relating to controlled dangerous substances, drug paraphernalia, or controlled paraphernalia.

    (d) Contraband. -- A controlled dangerous substance, drug paraphernalia, or controlled paraphernalia manufactured, distributed, dispensed, possessed, prescribed, or administered in violation of subsection (c) of this section is contraband.

    (e) Penalty. --

       (1) If the trier of fact specifically finds that a person has knowingly or intentionally violated this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $ 100,000 or both.

       (2) In all other cases, a person who violates this section is subject to a civil penalty not exceeding $ 50,000.


HISTORY: An. Code 1957, art. 27, § 288(a)(2)-(6), (b), (c); 2002, ch. 26, § 2; ch. 39, § 4.