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PARRIS N. GLENDENING, Governor
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Ch. 26
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"Dispense" § 5-101
"Drug" § 5-101
"Person" § 1-101
"Prescription drug" § 5-101
5-703. UNSOLICITED MAILING.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO THE MAILING OF A DRUG TO A PERSON WHO
UNDER STATE LAW IS AUTHORIZED TO DISBURSE, PRESCRIBE, OR ADMINISTER THE
DRUG.
(B) PROHIBITED.
A PERSON MAY NOT SEND BY MAIL A PRESCRIPTION DRUG, CONTROLLED
DANGEROUS SUBSTANCE, OR MEDICINE TO "RESIDENT", "OCCUPANT", OR TO. A
NAMED ADDRESSEE WHO HAS NOT REQUESTED THAT THE PRESCRIPTION DRUG,
CONTROLLED DANGEROUS SUBSTANCE, OR MEDICINE BE MAILED.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 6 MONTHS OR A
FINE NOT EXCEEDING $500 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 300(j).
In subsection (b) of this section, the former reference to any prescription
drug, controlled dangerous substances, medicines, etc. "as defined in this
subheading" is deleted in light of the title-wide scope of definitions in §
5-101 of this title. See § 5-101(a) of this title.
Also in subsection (b) of this section, the former reference to "bulk mailing"
is deleted in light of the comprehensive reference to sending "by mail".
In subsection (c) of this section, the former reference to imprisonment "in
jail" is deleted for consistency within this article. Currently, inmates are
sentenced to the custody of a unit such as the Division of Correction and
then are placed in a particular facility. See CS § 9-103.
Defined terms: "Administer" § 5-101
"Controlled dangerous substance" § 5-101
"Drug" § 5-101
"Person" § 1-101
"Prescription drug" § 5-101
5-704. REGULATIONS.
THE DEPARTMENT MAY ADOPT REGULATIONS TO ADMINISTER AND ENFORCE
§§ 5-701 THROUGH 5-703 OF THIS SUBTITLE.
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- 465 -
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