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63-2-404.


63-2-404.
   
   A. It shall be unlawful for any person:
   
   1. Who is subject to the requirements of Article III of this act to
   distribute or dispense a controlled dangerous substance in violation
   of Section 2-308 of this title;
   
   2. Who is a registrant to manufacture, distribute, or dispense a
   controlled dangerous substance not authorized by his registration to
   another registrant or other authorized person;
   
   3. To omit, remove, alter, or obliterate a symbol required by the
   Federal Controlled Substances Act or this act;
   
   4. To refuse or fail to make, keep, or furnish any record,
   notification, order form, statement, invoice, or information required
   under this act;
   
   5. To refuse any entry into any premises or inspection authorized by
   this act; or
   
   6. To keep or maintain any store, shop, warehouse, dwelling house,
   building, vehicle, boat, aircraft, or any place whatever, which is
   resorted to by persons using controlled dangerous substances in
   violation of this act for the purpose of using such substances, or
   which is used for the keeping or selling of the same in violation of
   this act.
   
   B. Any person who violates this section is punishable by a civil fine
   of not more than One Thousand Dollars ($1,000.00); provided, that, if
   the violation is prosecuted by an information or indictment which
   alleges that the violation was committed knowingly or intentionally,
   and the trier of fact specifically finds that the violation was
   committed knowingly or intentionally, such person is guilty of a
   felony punishable by imprisonment for not more than five (5) years,
   and a fine of not more than Ten Thousand Dollars ($10,000.00), except
   that if such person is a corporation it shall be subject to a civil
   penalty of not more than One Hundred Thousand Dollars ($100,000.00).
   The fine provided for in this subsection shall be in addition to other
   punishments provided by law and shall not be in lieu of other
   punishment.
   
   C. Any person convicted of a second or subsequent violation of this
   section is punishable by a term of imprisonment twice that otherwise
   authorized and by twice the fine otherwise authorized. The fine
   provided for in this subsection shall be in addition to other
   punishments provided by law and shall not be in lieu of other
   punishment.
   

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