45-9-106 . Penalty for fraudulently obtaining dangerous drugs or altering labels of dangerous drugs. (1) A person convicted of altering labels on dangerous drugs shall be imprisoned in the county jail for a term not to exceed 6 months. (2) A person convicted of fraudulently obtaining dangerous drugs included in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V in 50-32-222 , 50-32-224 , 50-32-226 , 50-32-229 , or 50-32-232 shall: (a) upon a first conviction be imprisoned in the state prison for a term of not less than 1 year or not more than 5 years or be fined an amount not to exceed $50,000, or both; (b) upon a second conviction be imprisoned in the state prison for a term of not less than 5 years or not more than 10 years or be fined an amount not to exceed $50,000, or both.
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