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2004 SESSION

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SB 325 Counterfeit controlled substance; definition.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Counterfeit drugs; the Drug Control Act; penalty. Renders it unlawful in the same manner and degree as for imitation controlled substances to knowingly manufacture, sell, possess, distribute, dispense or facilitate the distribution or dispensing of any drug known to be counterfeit. "Counterfeit drug" is defined as "a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug."

SUMMARY AS PASSED SENATE:

Counterfeit drugs; the Drug Control Act; penalty. Renders it unlawful to knowingly manufacture, sell, possess, distribute, dispense or facilitate the distribution or dispensing of any drug known to be counterfeit. "Counterfeit drug" is defined as "a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug." Counterfeit drugs and all fixtures, equipment, materials, and personal property used in connection with the manufacture, sale, possession, distribution, or dispensing or facilitating of distribution or dispensing of such counterfeit drugs will be subject to seizure, forfeiture, and destruction in accordance with applicable provisions in Title 18.2, the Drug Control Act, and the regulations of the Board of Pharmacy. Any person who knowingly manufactures, sells, possesses, distributes, dispenses or facilitates the distribution or dispensing of any counterfeit drug shall be, upon conviction, guilty of the penalty provided in Title 18.2 that would be applied for the comparable activities relating to the controlled substance that the counterfeit drug purports to be.

SUMMARY AS INTRODUCED:

Counterfeit drugs; the Drug Control Act; penalty. Renders it unlawful to knowingly manufacture, sell, possess, distribute, dispense or facilitate the distribution or dispensing of any counterfeit drug. "Counterfeit drug" is defined as "a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug." Counterfeit drugs and all fixtures, equipment, materials, and personal property used in connection with the manufacture, sale, possession, distribution, or dispensing or facilitating of distribution or dispensing of such counterfeit drugs will be subject to seizure, forfeiture, and destruction in accordance with applicable provisions in Title 18.2, the Drug Control Act, and the regulations of the Board of Pharmacy. Any person who knowingly manufactures, sells, possesses, distributes, dispenses or facilitates the distribution or dispensing of any counterfeit drug shall be, upon conviction, guilty of the penalty provided in Title 18.2 that would be applied for the comparable activities relating to the controlled substance that the counterfeit drug purports to be.