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Session Laws, 1968
Volume 683, Page 966   View pdf image
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966                                LAWS OF MARYLAND                         CH. 519

(20) days after service appear and file answer or demurer to the
complaint, alleging his interest or liability in the goods seized.

(8) After entry of the appropriate decree, the court may order
the goods seized to be disposed of by destruction or sale. If sold,
the proceeds, less legal costs and charges shall be deposited in the
general funds of the State. In any proceedings under the complaint
filed, the court shall allow the claim of any claimant, to the extent
of the claimant's interest, where it can be proved to the court's
satisfaction that the claimant has not committed or caused to be
committed any act in violation of this section, has no interest in
any drug referred to therein but does have an interest in such equip-
ment or other goods as owner, lienor or otherwise, acquired in good
faith, and at no time had knowledge or reason to believe that the
goods seized were being used or intended to be used in violation
of any of the provisions of this section.

(4) The court, in entering an appropriate decree, shall award
court costs, fees, storage and other proper expenses, against the
person, if any, intervening as claimant of the goods seized.

(1)     (1) Any person who violates the provisions of subsection
(b) of this section shall be guilty of a felony; and on conviction
for the first offense, shall be subject to a penalty of imprisonment
for not less than two (2) nor more than five (5) years, or a fine
of not more than $1,000,
$2,000, or both such imprisonment and fine.
Second and subsequent convictions shall subject the person so con-
victed to imprisonment for not less than five (5) years or a fine of
not more than $2,000,
$5,000, or both such imprisonment and fine.

(2)    Any person eighteen (18) years of age or older, who violates
subsection (b) of this section by selling, delivering, or otherwise
disposing of any depressant or stimulant drug to a person who has
not attained his 21st birthday shall, upon first conviction thereof, be
subject to imprisonment for not more than five (5) years, or a
fine of not more than $2,000,
$5,000, or both such imprisonment and
fine. For the second and any subsequent convictions for such viola-
tions, the defendant shall be subject to imprisonment for not more
than ten (10) years, or a fine of not more than $10,000, or both such
imprisonment and fine.

(3)    No person shall be guilty of violating the provisions of sub-
section (f) if he can prove to the satisfaction of the court that in
making, selling, disposing of, or keeping in possession, control, or
custody, or concealing any punch, die, plate, stone, or other thing
designed to print, imprint, or reproduce the trademark, trade name,
or other identifying mark, imprint, or device of another or any
likeness of any of the foregoing upon any drug or container or
labeling thereof, so as to render such drug a counterfeit, or in
doing any act which causes a drug to be a counterfeit drug or the
sale or dispensing, or the holding for sale or dispensing, of a counter-
feit drug, he acted in good faith, and had no reason to believe the
use of the punch, die, plate, stone, or other thing involved would
result in a drug being a counterfeit drug.

(m) (1) It shall be the duty of each State's Attorney to whom
the Department
reports TO REPORT TO THE STATE'S ATTOR-
NEY any violation of any of the provisions of this section to WHO
SHALL institute appropriate proceedings in the proper court with-
out delay and to prosecute them in the manner required by law.


 

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Session Laws, 1968
Volume 683, Page 966   View pdf image
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