1. (a) A person may not distribute Salvia divinorum to an individual under the age of 21 years.
2. (b) In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser's or recipient's driver's license or other valid identification issued by an employer, a government unit, or an institution of higher education that positively identified the purchaser or recipient as at least 21 years of age.

3. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

   1. (1) $1,000 for a first violation;
   2. (2) $2,000 for a second violation occurring within 2 years after the first violation; and
   3. (3) $6,000 for each subsequent violation occurring within 2 years after the preceding violation.
4. (d) For purposes of this section, each separate incident at a different time and occasion is a separate violation.

Added by Acts 2010, c. 200, § 1, eff. June 1, 2010; Acts 2010, c. 201, § 1, eff. June 1, 2010. Amended by Acts 2011, c. 392, § 1, eff. Oct. 1, 2011.