Sections 5–701 through 5–704 of this subtitle apply to: 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 an authorized provider’s assistant who is not licensed to administer prescription drugs. A person may not dispense a prescription drug except: on an authorized provider’s: electronic prescription; written prescription; or oral prescription that the pharmacist reduces to writing and files; or by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized: by the authorized provider in the original prescription; or by oral direction that the pharmacist reduces to writing and files. 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: the name and address of the dispenser; the serial number and date of the prescription; the name of the authorized provider; and if stated in the prescription, the name and address of the patient and the directions for use. Except as otherwise provided under this title, a person may not: manufacture, distribute, or possess with intent to distribute a prescription drug; affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug; omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or obtain or attempt to obtain a prescription drug by: fraud, deceit, or misrepresentation; the counterfeiting or altering of a prescription or written order; concealing a material fact; using a false name or address; falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or making or issuing a false or counterfeit prescription or written order. 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.

This subsection applies to a person engaged in the business of selling prescription drugs, controlled dangerous substances, medicines, chemicals, or preparations for medical use or of compounding or dispensing these in accordance with physicians’ prescriptions. A person subject to this subsection may not knowingly sell or deliver to another a drug, medicine, chemical, or preparation for medicinal use that is recognized or authorized by the latest edition of the United States Pharmacopoeia and National Formulary or prepared according to the private formula of another that is: other or different from the prescription drug, controlled dangerous substance, medicine, chemical, or preparation that is ordered or called for by the person; or except as authorized under § 12-504 of the Health Occupations Article, called for in a prescription of a physician or other authorized provider. Subsection (a) of this section applies to a person acting on the person’s own behalf or as an agent or employee of some other person. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment of not less than 1 month and not exceeding 1 year or a fine of not less than $100 and not exceeding $500 or both. If a person convicted under this section holds a license under Title 12 of the Health Occupations Article, the license shall be revoked in accordance with § 12-313(c) of the Health Occupations Article.

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. 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. 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.

The Department may adopt regulations to administer and enforce §§ 5-701 through 5-703 of this subtitle.

Subject to subsection (c) of this section, in a criminal case involving counterfeiting of a prescription under this title, an affidavit by an authorized provider may be introduced as evidence that: the signature on a prescription of the authorized provider has been counterfeited; the individual named on the prescription was not a patient of the authorized provider; or the individual named on the prescription did not have a prescription from the authorized provider for the named prescription drug or controlled dangerous substance or did not have a prescription for that quantity of the prescription drug or controlled dangerous substance. The affidavit shall: be attached to a copy of the prescription; be given under oath subject to the penalty of perjury; declare that the prescription is counterfeit or altered; describe in detail the parts of the prescription that have been counterfeited; and state whether a patient relationship exists between the individual named on the prescription and the authorized provider. At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under subsection (b) of this section, the State shall provide written notice to the defendant that the State intends to: rely on the affidavit; and introduce the affidavit into evidence at the proceeding. On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

This section applies to fingernail polish, model airplane glue, or any other substance that causes intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system when smelled or inhaled. This section does not apply to: the inhalation of anaesthesia for medical or dental purposes; or controlled dangerous substances. A person may not deliberately smell or inhale a substance listed in paragraph (2) of this subsection in an amount that causes intoxication, excitement, stupefaction, or dulling of the brain or nervous system. This section applies to a drug or any other noxious substance or chemical that contains: an aldehyde; butane; butyl nitrite; a chlorinated hydrocarbon; ether; a fluorinated hydrocarbon; a ketone; methyl benzene; nitrous oxide; an organic acetate; or another substance containing solvents releasing toxic vapors. 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.

In this section, “distribute” includes actual, constructive, or attempted transfer, exchange, or delivery, regardless of remuneration or agency relationship. A person may not distribute or possess with intent to distribute to another a substance listed in § 5-708 of this subtitle: with the intent to induce unlawful inhaling of the substance; or with the knowledge that the other will unlawfully inhale the substance. A person may not: instruct another in the practice of inhaling or smelling that is prohibited under § 5-708(b) of this subtitle; or distribute a butane canister to a minor. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $1,000 or both.

In this section, “human growth hormone” means: somatrem, somatropin, and any of their analogues; or a substance labeled as being or containing somatrem or somatropin and any analogue of somatrem or somatropin. This section applies to an athletic facility, commercial health club, public recreation center, weight training gym, school gymnasium, or other establishment operated primarily for the exercise, physical fitness, athletic training, or physical education of the individuals who use the facility. The operator of a facility subject to this section shall obtain and affix at least one warning notice in each locker room maintained in the facility. The lettering in each warning notice shall be at least 1 inch high and shall be conspicuously placed for maximum possible visibility. The warning notice shall read: Warning The nonprescription use, possession, or distribution of anabolic steroids or human growth hormone is illegal in the State of Maryland. On conviction, violators are subject to imprisonment or a fine or both.