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63-2-402.


63-2-402.
   
   A. 1. It shall be unlawful for any person knowingly or intentionally
   to possess a controlled dangerous substance unless such substance was
   obtained directly, or pursuant to a valid prescription or order from a
   practitioner, while acting in the course of his professional practice,
   or except as otherwise authorized by this act.
   
   2. It shall be unlawful for any person to purchase any preparation
   excepted from the provisions of the Uniform Controlled Dangerous
   Substances Act, Section 2-101 et seq. of this title, pursuant to
   Section 2-313 of this title in an amount or within a time interval
   other than that permitted by Section 2-313 of this title.
   
   3. It shall be unlawful for any person or business to sell, market,
   advertise or label any product containing ephedrine, its salts,
   optical isomers, or salts of optical isomers, for the indication of
   stimulation, mental alertness, weight loss, appetite control, muscle
   development, energy or other indication which is not approved by the
   pertinent federal OTC Final Monograph, Tentative Final Monograph, or
   FDA-approved new drug application or its legal equivalent. In
   determining compliance with this requirement, the following factors
   shall be considered:
   
   a. the packaging of the product,
   
   b. the name of the product, and
   
   c. the distribution and promotion of the product, including verbal
   representations made at the point of sale.
   
   B. Any person who violates this section with respect to:
   
   1. Any Schedule I or II substance, except marihuana or a substance
   included in subsection D of Section 2-206 of this title, is guilty of
   a felony punishable by imprisonment for not less than two (2) years
   nor more than ten (10) years. A second or subsequent violation of this
   section with respect to Schedule I or II substance, except marihuana
   or a substance included in subsection D of Section 2-206 of this
   title, is a felony punishable by imprisonment for not less than four
   (4) years nor more than twenty (20) years.
   
   2. Any Schedule III, IV or V substance, marihuana, a substance
   included in subsection D of Section 2-206 of this title, or any
   preparation excepted from the provisions of the Uniform Controlled
   Dangerous Substances Act is guilty of a misdemeanor punishable by
   confinement for not more than one (1) year. A second or subsequent
   violation of this section with respect to any Schedule III, IV or V
   substance, marihuana, a substance included in subsection D of Section
   2-206 of this title, or any preparation excepted from the provisions
   of the Uniform Controlled Dangerous Substances Act is a felony
   punishable by imprisonment for not less than two (2) years nor more
   than ten (10) years.
   
   C. Any person who violates any provision of this section by possessing
   or purchasing a controlled dangerous substance from any person, in or
   on, or within one thousand (1,000) feet of the real property
   comprising a public or private elementary or secondary school, public
   vocational school, public or private college or university, or other
   institution of higher education, recreation center or public park,
   including state parks and recreation areas, or in the presence of any
   child under twelve (12) years of age, shall be guilty of a felony and
   punished by:
   
   1. For a first offense, a term of imprisonment, or by the imposition
   of a fine, or by both, not exceeding twice that authorized by the
   appropriate provision of this section. In addition, the person shall
   serve a minimum of fifty percent (50%) of the sentence received prior
   to becoming eligible for state correctional institution earned credits
   toward the completion of said sentence; or
   
   2. For a second or subsequent offense, a term of imprisonment not
   exceeding three times that authorized by the appropriate provision of
   this section and the person shall serve a minimum of ninety percent
   (90%) of the sentence received prior to becoming eligible for state
   correctional institution earned credits toward the completion of said
   sentence.
   

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