898                              Laws of Maryland                       Ch. 403

trolled dangerous substance. Evidence of such circumstances shall
include but not be limited to close proximity of any such con-
trolled paraphernalia to any adulterants or equipment commonly used
in the illegal manufacture and distribution of controlled dangerous
substances, such as but not limited to any of the following: scales,
sieves, strainers, measuring spoons, staples and staplers, or procain
PROCAINE hydrochloride, mannitol, lactose, quinine, or any con-
trolled dangerous substance.

(e) Any person who violates this section shall, upon conviction,
be deemed guilty of a misdemeanor and be sentenced to a term of
imprisonment for not more than five (5) FOUR (4) years, a fine
of not more than twenty-five thousand dollars ($25,000), or both;
provided, however, that any such person convicted of a violation of
this section involving THE USE OR POSSESSION OF marihuana
shall be punished by a period of imprisonment not to exceed one (1)
year or by a fine not to exceed $1,000.00, or both.

288.

(a)  It EXCEPT AS AUTHORIZED BY THE PROVISIONS OF
THIS SUBHEADING, IT shall be unlawful for any person:

(1)  who is subject to the requirements of Sections 281 through
284 of this subheading, as amended from time to time, to distribute
or dispense a controlled dangerous substance in violation of Sec-
tion 284;

(2)  who is a registrant to manufacture, distribute, or dispense a
controlled dangerous substance not authorized by his registration to
another registrant or other authorized person;

(3) to omit, remove, alter, or obliterate a symbol required by the
Federal Controlled Dangerous Substances Act;

(4)  to refuse or fail to make, keep or furnish any record, notifi-
cation, order form, statement, invoice or information required under
this subheading;

(5)  to refuse any entry into any premises or inspection authorized
by this subheading;

(6)  to keep or maintain as a registrant or as any other person
authorized under this subheading any store, shop, warehouse, dwell-
ing house, building, vehicle, boat, aircraft, or any place whatever,
which is resorted to by persons using controlled dangerous sub-
stances in violation of this subheading for the purpose of using
such substances, or which is used for the keeping or selling of the
same in violation of this subheading.

(b)  Any person described hereinabove who violates this section
is punishable by a civil fine of not more than fifty thousand dollars
($50,000). Provided, that if the violation is prosecuted by an in-
formation or indictment which alleges that the violation was com-
mitted knowingly or intentionally, and the trier of fact specifically
finds that the violation was committed knowingly or intentionally,
such person shall be deemed guilty of a misdemeanor and punished
by imprisonment, upon conviction, for not more than two (2) years
or a fine of not more than one hundred thousand dollars ($100,000),
or both.