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Maryland Criminal Law Section 5-103

Article - Criminal Law

§ 5-103.

      (a)      (1)      Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug:

                  (i)      made to an authorized provider; or

                  (ii)      made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to:

                        1.      another manufacturer, wholesale distributor, or pharmacist licensed by the State; or

                        2.      a hospital or institution that operates a dispensary in which an authorized provider licensed to administer prescription drugs is in charge.

            (2)      A sale is exempt from this title only if a record of the sale:

                  (i)      is maintained and available for inspection; and

                  (ii)      shows the date of sale, the name and address of the purchaser, and the quantity purchased.

      (b)      This title does not apply to:

            (1)      the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities;

            (2)      the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or

            (3)      a drug that on June 1, 1961, could be sold without a prescription.



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