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PARRIS N. GLENDENING, Governor
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Ch. 26
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or deliver the said goods or other valuable articles or not" is deleted as
surplusage.
In subsection (b)(3) of this section, the former reference to a person
obtaining an "other thing of value" is deleted as implicit in the reference to
a person obtaining "goods".
In subsection (c) of this section, the reference to a person being "subject to
imprisonment" is substituted for the former reference to a person being
"sentenced to the penitentiary" for consistency within this article.
Currently, inmates are sentenced to the custody of a particular unit such
as the Division of Correction and then are placed in a particular facility.
See CS § 9-103.
Defined terms: "Counterfeit" § 1-101
"Person" § 1-101
8-610. COUNTERFEITING PRESCRIPTION.
(A) "PRESCRIPTION" DEFINED.
IN THIS SECTION "PRESCRIPTION" INCLUDES AN ORDER PAPER, AND RECIPE
PURPORTED TO HAVE BEEN MADE BY AN AUTHORIZED PROVIDER, AS DEFINED IN §
5-101 OF THIS ARTICLE, FOR A DRUG, MEDICINE, OR ALCOHOLIC BEVERAGE.
(B) PROHIBITED.
A PERSON MAY NOT:
(1) KNOWINGLY COUNTERFEIT, CAUSE OR PROCURE TO BE
COUNTERFEITED, OR WILLINGLY AID OR ASSIST IN COUNTERFEITING A
PRESCRIPTION;
(2) KNOWINGLY ISSUE, PASS, OR POSSESS A COUNTERFEIT
PRESCRIPTION; OR
(3) OBTAIN OR ATTEMPT TO OBTAIN A PRESCRIPTION DRUG BY FRAUD,
DECEIT, OR MISREPRESENTATION.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 2 YEARS.
(D) PROHIBITED DEFENSE.
PAYMENT OR AN OFFER OR PROMISE TO PAY FOR A DRUG, MEDICINE, OR
ALCOHOLIC BEVERAGE OBTAINED IN VIOLATION OF THIS SECTION IS NOT A
DEFENSE TO A VIOLATION OF THIS SECTION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 55.
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In subsections (a) and (d) of this section, respectively, the references to an
- 639 -
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