(a) Unless authorized under this title, a person may not: (1) obtain or attempt to obtain controlled paraphernalia by: (i) fraud, deceit, misrepresentation, or subterfuge; (ii) counterfeiting a prescription or a written order; (iii) concealing a material fact or the use of a false name or address; (iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or (v) making or issuing a false or counterfeit prescription or written order; or (2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance. (b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, distribute, or dispense controlled dangerous substances, including: (1) a scale; (2) a sieve; (3) a strainer; (4) a measuring spoon; (5) staples; (6) a stapler; (7) a glassine envelope; (8) a gelatin capsule; (9) procaine hydrochloride; (10) mannitol; (11) lactose; (12) quinine; and (13) a controlled dangerous substance. (c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for a first violation, a fine not exceeding $500; and (2) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
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