Prohibited acts B-penalties

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  • (a) It shall be unlawful for any person—

    • (1) who is subject to the requirements to distribute or dispense a controlled substance in violation of section 603;

    • (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration;

    • (3) who is a registrant to distribute a controlled substance in violation of section 600 of this chapter;

    • (4) to remove, alter, or obliterate a symbol or label required by section 600 of this chapter;

    • (5) to refuse or fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this chapter;

    • (6) to refuse any entry into any premises or inspection authorized by this chapter;

    • (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to law or to remove or dispose of substances so placed under seal; or

    • (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the Government of the Virgin Islands, or to the courts when relevant in any judicial proceeding under this chapter, any information acquired in the course of an inspection authorized by this chapter concerning any method or process which as a trade secret is entitled to protection.

  • (b) It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II which is not expressly authorized by his registration.

  • (c)

    • (1) Except as provided in paragraph (2), any person who violates this section shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000.

    • (2)

      • (A) If a violation of this section is prosecuted by an information which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall, except as otherwise provided in subparagraph (B) of this paragraph, be sentenced to imprisonment of not more than one year or a fine of not more than $25,000, or both.

      • (B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender for an offense punishable under this paragraph (2), or for a crime under any other provision of this chapter or other law of the Virgin Islands relating to narcotic drugs, marijuana, synthetic marijuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine of $50,000, or both.

    • (3) Except under the conditions specified in paragraph (2) of this section, a violation of this section does not constitute a crime, and a judgment for the Government of the Virgin Islands and imposition of a civil penalty pursuant to paragraph (1) shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.


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