Offenses

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Sec. 26. (a) A person who knowingly or intentionally engages in the wholesale distribution of a legend drug without a license issued under this chapter commits a Level 6 felony.

(b) A person who engages in the wholesale distribution of a legend drug and:

(1) who, with intent to defraud or deceive:

(A) fails to obtain or deliver to another person a complete and accurate required pedigree concerning a legend drug before:

(i) obtaining the legend drug from another person; or

(ii) transferring the legend drug to another person; or

(B) falsely swears or certifies that the person has authenticated any documents related to the wholesale distribution of legend drugs;

(2) who knowingly or intentionally:

(A) destroys, alters, conceals, or fails to maintain a complete and accurate required pedigree concerning a legend drug in the person's possession;

(B) purchases or receives legend drugs from a person not authorized to distribute legend drugs in wholesale distribution;

(C) sells, barters, brokers, or transfers a legend drug to a person not authorized to purchase the legend drug in the jurisdiction in which the person receives the legend drug in a wholesale distribution;

(D) forges, counterfeits, or falsely creates a pedigree;

(E) falsely represents a factual matter contained in a pedigree; or

(F) fails to record material information required to be recorded in a pedigree; or

(3) who:

(A) possesses a required pedigree concerning a legend drug;

(B) knowingly or intentionally fails to authenticate the matters contained in the pedigree as required; and

(C) distributes or attempts to further distribute the legend drug;

commits a Level 6 felony.

As added by P.L.182-1991, SEC.3. Amended by P.L.212-2005, SEC.60; P.L.158-2013, SEC.288.


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