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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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