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Session Laws, 1968
Volume 683, Page 965   View pdf image
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SPIRO T. AGNEW, Governor                          965

(h) No prescription for any depressant or stimulant drug
(issued either before or after July 1, 1968) may be filled or refilled
more than six (6) months after the date on which the prescription
is issued. No prescription may be refilled more than five (5) times.
A new prescription may be issued in writing or orally, but any oral
prescription shall be promptly reduced to writing on a new pre-
scription blank and filed by the pharmacist filling it. This sub-
section shall not apply to depressant or stimulant drugs exempted
under Section 511 (f) of the Federal Drug Act.

(i) A duly authorized agent of the Department, on reasonable
grounds, may seize the following:

(1)    A depressant or stimulant drug and its container, used in
violation of any other provision of this section.

(2)    Any counterfeit drug, and its container.

(j) A duly authorized agent of the Department with a warrant
may seize the following:

(1)    Equipment used in manufacturing, compounding, or pro-
cessing a depressant or stimulant drug used in violation of any
other provisions of this section.

(2)    Any punch, die, plate, stone, labeling, container or other
thing used or designed for use in making a counterfeit drug or
drugs.

(3) Any conveyance used to transport, carry or hold a depres-
sant or stimulant drug used in violation of any other provision of
this section, or being used to transport, carry or hold a counterfeit
drug. "Conveyance" shall mean any vehicle, vessel, aircraft or other
contrivance used or capable of being used as a means of transpor-
tation on land, in water, or through the air.

(k) (1) Whenever an article, equipment, conveyance or other
thing is seized under the provisions of subsection (j) above, the
Department shall, within five (5) days thereafter, file in the circuit
court of the county or the Supreme Bench of Baltimore City, having
jurisdiction over the place of seizure, a complaint for condemnation
of the goods seized. The proceedings shall be brought in the name
of the State by the State's Attorney of the county or Baltimore
City, as the case may be, and the complaint shall be verified by a
duly authorized agent of the State in a manner required by law. The
complaint shall describe the goods seized, their location, the name
of the person, firm or corporation in possession as well as the person
alleged to be the owner, if known, the essential elements of the
violation claimed to exist, and a prayer of due process to enforce
the seizure. Upon the filing of such complaint, the court shall order
service of process upon the alleged owner of said merchandise by
the sheriff.
APPROPRIATE LAW ENFORCEMENT OFFICER.
Such service may be made in person, by mail, or by publication in
accordance with the Maryland Rules of Procedure. If, after twenty
(20) days following service, no answer is filed to the complaint, the
court shall order the disposition of the seized goods.

(2) Any person, firm, or corporation having an interest in the
seized goods, or any person, firm or corporation against whom civil
or criminal liability would exist because the seized goody were used
in violation of any provisions of this section, may within twenty


 

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Session Laws, 1968
Volume 683, Page 965   View pdf image
 Jump to  
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