<?xml version='1.0' encoding='utf-8'?>
<section article="gcr" article_name="Criminal Law" number="10-108" title_number="10" title_name="Crimes Against Public Health, Conduct, and Sensibilities" subtitle_number="1" subtitle_name="Crimes Against Public Health and Safety">
  <level label="a">
    <text>A person who distributes products containing delta–8– or delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title 16.7, Title 16.9, or Title 17 of the Business Regulation Article, may not distribute, purchase for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol to an individual under the age of 21 years.</text>
  </level>
  <level label="b">
    <text>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 a governmental unit, that positively identified the purchaser or recipient as being at least 21 years old.</text>
  </level>
  <level label="c">
    <text>Any website owned, managed, or operated by a person who distributes or sells a product containing delta–8– or delta–10–tetrahydrocannabinol shall employ a neutral age–screening mechanism that verifies that the user is at least 21 years old, including by using an age–gate, age–screen, or age–verification mechanism.</text>
  </level>
  <level label="d">
    <text>A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:</text>
    <level label="1">
      <text>$300 for a first violation;</text>
    </level>
    <level label="2">
      <text>$1,000 for a second violation occurring within 2 years after the first violation; and</text>
    </level>
    <level label="3">
      <text>$3,000 for each subsequent violation occurring within 2 years after the preceding violation.</text>
    </level>
  </level>
</section>
