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§ 5-701. Dispensing prescription drug

West's Annotated Code of MarylandCriminal LawEffective: January 1, 2022

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)
Subtitle 7. Prescription Drugs and Other Substances
Part I. Prescription Drugs
Effective: January 1, 2022
MD Code, Criminal Law, § 5-701
Formerly cited as MD CODE Art. 27, § 300
§ 5-701. Dispensing prescription drug
Currentness
Scope of section
(a) Sections 5-701 through 5-704 of this subtitle apply to:
(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) an authorized provider's assistant who is not licensed to administer prescription drugs.
Prohibited--Dispensing not on prescription
(b) A person may not dispense a prescription drug except:
(1) on an authorized provider's:
(i) electronic prescription;
(ii) written prescription; or
(iii) oral prescription that the pharmacist reduces to writing and files; or
(2) by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized:
(i) by the authorized provider in the original prescription; or
(ii) by oral direction that the pharmacist reduces to writing and files.
Prohibited--Without required label
(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) the name and address of the dispenser;
(2) the serial number and date of the prescription;
(3) the name of the authorized provider; and
(4) if stated in the prescription, the name and address of the patient and the directions for use.
Other prohibited acts
(d) Except as otherwise provided under this title, a person may not:
(1) manufacture, distribute, or possess with intent to distribute a prescription drug;
(2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;
(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) obtain or attempt to obtain a prescription drug by:
(i) fraud, deceit, or misrepresentation;
(ii) the counterfeiting or altering of a prescription or written order;
(iii) concealing a material fact;
(iv) using a false name or address;
(v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or
(vi) making or issuing a false or counterfeit prescription or written order.
Penalty
(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.

Credits

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.
MD Code, Criminal Law, § 5-701, MD CRIM LAW § 5-701
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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