2048                             Laws of Maryland                       Ch. 734

CHAPTER 734
(Senate Bill 506)

AN ACT to repeal and re-enact, with amendments, as renumbered,
Section 313B (1) of Article 27 of the Annotated Code of Maryland
(1969 Supplement), title "Crimes and Punishments," subtitle
"Crimes and Punishments," subheading "Health—State Drug
Abuse Control Act," revising existing penalties and establishing
new penalties for certain violations of the State Drug Abuse Con-
trol Act.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 313B (1) of Article 27 of the Annotated Code of
Maryland (1969 Supplement), title "Crimes and Punishments," sub-
title "Crimes and Punishments," subheading "Health—State Drug
Abuse Control Act," be and it is hereby repealed and re-enacted,
with amendments, as renumbered, to read as follows:

313B. (e) (l)

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

(2)  Any person eighteen (18) years of age or older, who vio-
lates subsection [(b)] (c) 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 $5,000, or both such imprisonment
and fine. For the second and any subsequent convictions for such
violations, 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)  Any person who violates the provisions of subsection (d),
(e), (g) or (h) of this section shall be guilty of a misdemeanor;
and on conviction shall be subject to a penalty of imprisonment for
not more than two (2) years, or a fine of not more than $1,000,
or both such imprisonment and fine.

[(3)] (4) No person shall be guilty of violating the provisions
of subsection (f) if he can prove to the satisfaction of the court
that in making, selling, disposing of, or keeping in possession, con-
trol, 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 of 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.