HARRY HUGHES, Governor                              2063

PART IV. PROHIBITED ACTS; PENALTIES.
5-118. FALSE ENTRY IN POISON REGISTER.
A PERSON MAY NOT:

(1)  KNOWINGLY MAKE ANY FALSE OR MISLEADING ENTRY
IN A POISON REGISTER; OR

(2)  USE ANY FALSE NAME OR MAKE ANY OTHER
MISREPRESENTATION TO OBTAIN A CONTROLLED POISON.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 276(b).

In item (2) of this section, the former phrase
"representation to the person from whom the same
is procured" is deleted as included in the phrase
"to obtain a controlled poison".

5-119. PENALTY.

A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE OR
ANY RULE OR REGULATION ADOPTED UNDER THIS SUBTITLE IS GUILTY
OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT
EXCEEDING $100.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 282.

GENERAL REVISOR'S NOTE:

Former Article 43, § 283, which provided for the
severability of the provisions in this title, is deleted as
unnecessary in light of Article 1, § 23 of the Code.

The attention of the General Assembly is called to the
fact that the operation of this subtitle may suggest the
need for a substantive revision or repeal of this subtitle.
The Department, the Board of Pharmacy, and the School of
Pharmacy of the University of Maryland advise that the
Schedule of Controlled Poisons is outdated and fails to
include many modern poisons that are sold over the counter
at supermarkets and hardware stores without restriction. No
poison permit has ever been issued or requested. As to the
Poison Register, the Maryland Poison Information Center of
the School of Pharmacy and the Homicide Division of the
Baltimore Police Department advise that the Poison Register
is little used, in part because the controlled poisons are
outdated, and is of no utility to their functions. The
Board never has added any poison to the Schedule under the
procedure set forth in this subtitle. Instead, the
Department has issued rules and regulations that prohibit or