1. (a) Sections 5-701 through 5-704 of this subtitle apply to:

   1. (1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and
   2. (2) an authorized provider's assistant who is not licensed to administer prescription drugs.

2. (b) A person may not dispense a prescription drug except:

   1. (1) on an authorized provider's:

      1. (i) electronic prescription;
      2. (ii) written prescription; or
      3. (iii) oral prescription that the pharmacist reduces to writing and files; or

   2. (2) by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized:

      1. (i) by the authorized provider in the original prescription; or
      2. (ii) by oral direction that the pharmacist reduces to writing and files.

3. (c) A person may not dispense a prescription drug by filling or refilling a written prescription, an electronic prescription, or an oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:

   1. (1) the name and address of the dispenser;
   2. (2) the serial number and date of the prescription;
   3. (3) the name of the authorized provider; and
   4. (4) if stated in the prescription, the name and address of the patient and the directions for use.

4. (d) Except as otherwise provided under this title, a person may not:

   1. (1) manufacture, distribute, or possess with intent to distribute a prescription drug;
   2. (2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;
   3. (3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or

   4. (4) obtain or attempt to obtain a prescription drug by:

      1. (i) fraud, deceit, or misrepresentation;
      2. (ii) the counterfeiting or altering of a prescription or written order;
      3. (iii) concealing a material fact;
      4. (iv) using a false name or address;
      5. (v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or
      6. (vi) making or issuing a false or counterfeit prescription or written order.
5. (e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2020, c. 229, § 1, eff. Jan. 1, 2022; Acts 2020, c. 230, § 1, eff. Jan. 1, 2022.

Formerly Art. 27, § 300.