§329-65  Penalty.  (a)  Anymanufacturer, wholesaler, retailer, or other person who does not submit areport as required by section 329-63 or who knowingly submits a report withfalse or fictitious information shall be fined not more than $5,000, or imprisonednot more than thirty days, or both.

(b)  Any manufacturer, wholesaler, retailer, orother person who has previously been convicted of violating subsection (a),upon a subsequent conviction thereof, shall be fined not more than $100,000, orimprisoned not more than one year, or both.

(c)  Any manufacturer, wholesaler, retailer, orother person who sells, transfers, or otherwise furnishes any of the substanceslisted in section 329-61 with knowledge or the intent that the recipient willuse the substance to unlawfully manufacture any controlled substance shall befined not more than $100,000, or imprisoned not more than five years, or both. For the purpose of this part, "unlawfully manufacture" means tomanufacture, compound, convert, produce, derive, process, or prepare, eitherdirectly or indirectly by chemical extraction, or independently by means ofchemical synthesis, any controlled substance specified in section 329-14,329-16, 329-18, 329-20, or 329-22 without a valid state controlled substance registrationas designated under section 329-33.

(d)  Any manufacturer, wholesaler, retailer, orother person who possesses any of the substances listed in section 329-61 withthe intent to unlawfully manufacture any controlled substance shall be fined notmore than $100,000, or imprisoned not more than ten years, or both.

(e)  Any person who possesses, sells,distributes, purchases for resale, or causes to be sold, distributed, orpurchased for resale any ephedrine-containing product with a label that claimsor implies that consumption of the product will produce effects such asecstasy, euphoria, increased sexual sensations, legal "highs", andother similar effects shall be fined not more than $5,000, or imprisoned notmore than one year, or both.

(f)  It is unlawful for any person to knowinglyor intentionally obtain or attempt to obtain any of the substances listed insection 329-61 or procure or attempt to procure any substances listed insection 329-61:

(1)  By fraud, deceit, misrepresentation, embezzlement,or theft;

(2)  By furnishing fraudulent documentation orinformation or the concealment of a material fact regarding the use, location,or ultimate user of the substances listed in section 329-61; or

(3)  By the use of a false name, photo identification,general excise tax information, or the giving of a false address.

(g)  Any person who violates subsection (f)shall be fined not more than $100,000, or imprisoned not more than five years,or both. [L 1990, c 200, pt of §1; am L 1993, c 225, §3; am L 1999, c 252, §11;am L 2001, c 203, §7; am L 2003, c 151, §10]