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§63-2-407.


§63-2-407.
   
   A. No person shall obtain or attempt to obtain any preparation
   excepted from the provisions of the Uniform Controlled Dangerous
   Substances Act pursuant to Section 2-313 of this title in a manner
   inconsistent with the provisions of paragraph 1 of subsection B of
   Section 2-313 of this title, or a controlled dangerous substance or
   procure or attempt to procure the administration of a controlled
   dangerous substance:
   
   1. By fraud, deceit, misrepresentation, or subterfuge;
   
   2. By the forgery of, alteration of, adding any information to or
   changing any information on a prescription or of any written order;
   
   3. By the concealment of a material fact; or
   
   4. By the use of a false name or the giving of a false address.
   
   B. Except as authorized by this act, a person shall not manufacture,
   create, deliver, or possess with intent to manufacture, create, or
   deliver or possess a prescription form, an original prescription form,
   or a counterfeit prescription form. This shall not apply to the
   legitimate manufacture or delivery of prescription forms, or a person
   acting as an authorized agent of the practitioner.
   
   C. Information communicated to a physician in an effort unlawfully to
   procure a controlled dangerous substance, or unlawfully to procure the
   administration of any such drug, shall not be deemed a privileged
   communication.
   
   D. Any person who violates this section is guilty of a felony
   punishable by imprisonment for not more than ten (10) years, by a fine
   of not more than Ten Thousand Dollars ($10,000.00), or by both such
   fine and imprisonment. A second or subsequent offense under this
   section is a felony punishable by imprisonment for not less than four
   (4) years nor more than twenty (20) years, by a fine of not more than
   Twenty Thousand Dollars ($20,000.00), or by both such fine and
   imprisonment.
   
   E. Convictions for second or subsequent violations of this section
   shall not be subject to statutory provisions for suspended sentences,
   deferred sentences, or probation.
   

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