2018 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 7 - Prescription Drugs and Other Substances
Part I - Prescription Drugs
§ 5-701. Dispensing prescription drug

  • (a) Scope of section. -- Sections 5-701 through 5-704 of this subtitle apply to:

    • (1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and

    • (2) an authorized provider's assistant who is not licensed to administer prescription drugs.

  • (b) Prohibited -- Dispensing not on prescription. -- A person may not dispense a prescription drug except:

    • (1) on an authorized provider's:

      • (i) written prescription; or

      • (ii) oral prescription that the pharmacist reduces to writing and files; or

    • (2) by refilling a written or oral prescription that is authorized:

      • (i) by the authorized provider in the original prescription; or

      • (ii) by oral direction that the pharmacist reduces to writing and files.

  • (c) Prohibited -- Without required label. -- A person may not dispense a prescription drug by filling or refilling a written or oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:

    • (1) the name and address of the dispenser;

    • (2) the serial number and date of the prescription;

    • (3) the name of the authorized provider; and

    • (4) if stated in the prescription, the name and address of the patient and the directions for use.

  • (d) Other prohibited acts. -- Except as otherwise provided under this title, a person may not:

    • (1) manufacture, distribute, or possess with intent to distribute a prescription drug;

    • (2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;

    • (3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or

    • (4) obtain or attempt to obtain a prescription drug by:

      • (i) fraud, deceit, or misrepresentation;

      • (ii) the counterfeiting or altering of a prescription or written order;

      • (iii) concealing a material fact;

      • (iv) using a false name or address;

      • (v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or

      • (vi) making or issuing a false or counterfeit prescription or written order.

  • (e) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $ 1,000 or both.

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