Marvin Mandel, Governor                            897

as amended from time to time, and sentenced to a term of imprison-
ment for not less than three (3) years nor more than twenty (20)
years, and a fine of not more than twenty-five thousand dollars
($25,000), OR BOTH. NOTHING IN THIS SUBSECTION SHALL
PREVENT, PROHIBIT OR MAKE INELIGIBLE ANY CON-
VICTED DEFENDANT FROM PARTICIPATING IN THE RE-
HABILITATION PROGRAM UNDER ARTICLE 43B, SECTIONS
12 AND 13, AS AMENDED FROM TIME TO TIME, BECAUSE
OF THE LENGTH OF SENTENCE.

(2) Any other controlled dangerous substance classified in Sched-
ule I, II, III, or IV shall, upon conviction, be deemed guilty of a
felony and sentenced to a term of imprisonment for not more than
seven (7) years, and or FIVE (5) YEARS OR a fine of not more
than fifteen thousand dollars ($15,000), or both.

287.

Except as authorized by this subheading, it is unlawful for any
person:

(a)   To possess or administer to another any controlled dangerous
substance, unless such substance was obtained directly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his professional practice.

(b)   To obtain or attempt to obtain a controlled dangerous sub-
stance or controlled paraphernalia or to procure or attempt to
procure the administration of any controlled dangerous substance
by (1) fraud, deceit, misrepresentation or subterfuge, or (2) by the
forgery or alteration of a prescription or a written order, or (3)
by the concealment of any material fact or by the use of false name
or address, or (4) by falsely assuming the title of or representing
himself to be a manufacturer, distributor or practitioner or (5) by
making or uttering any false or forged prescription or written order.

Information communicated to a physician in an effort to obtain
controlled dangerous substances or controlled paraphernalia in vio-
lation of the provisions of this subheading SUBSECTION shall not
be deemed a privileged communication.

(c)   To affix any false or forged label to a package, container or
other receptacle containing any controlled dangerous substance, or
to omit, remove, alter or obliterate any label or symbol on any such
controlled dangerous substance as required by the Federal, State,
or local law.

(d)  To possess or distribute controlled paraphernalia which shall
mean (i) a hypodermic syringe, needle or other instrument or im-
plement or combination thereof adapted for the administration of
controlled dangerous substances by hypodermic injections under cir-
cumstances which reasonably indicate an intention to use such con-
trolled paraphernalia for purposes of illegally administering any
controlled dangerous substance.

(ii) gelatin capsules, glycine GLASSINE envelopes or any other
container suitable for the individual quantities of packaging PACK-
AGING OF INDIVIDUAL QUANTITIES of controlled dangerous
substances in sufficient quantity to and under circumstances which
reasonably indicate an intention to use any such item for the
illegal manufacture, distribution, or dispensing of any such con-