MARYLAND. Violations of the laws relative to drug adulterations are investigated, as are other criminal acts in general, by the several State attorneys and grand juries, and little, if any, effort is made to enforce the law. REGISTERED PHARMACISTS. 141. Charge of drug stores; penalty. No person shall open, conduct or keep a pharmacy in this State, either as a principal or agent, unless such person shall have obtained a pharmacist's certificate, as hereinafter provided, and no pharmacy shall at any time be left in charge of any person who is not a certified pharmacist, a certified acting pharmacist or a certified assistant pharmacist, to compound prescriptions or sell or dispense poisonous drugs. It shall, however, be lawful for physicians and dentists to compound and dispense their own prescriptions; but unlawful for any person, dealer or firm, not a certified pharmacist, a certified acting pharmacist or certified assistant pharmacist, to compound a physician's prescription. Any person violating this section shall, upon conviction, be deemed guilty of a misdemeanor, and fined not more than one hundred dollars for each offence. 66 66 142. Definition of "pharmacy." Every store or shop where drugs, medicines or chemicals are sold at retail, displayed for sale at retail, where physicians' prescriptions are compounded, which has upon it or in it as a sign, the words 'Pharmacist," Pharmacy," "Apothecary," "Drug Store," "Druggist," or any of these words or exhibits the characteristic show bottles or globes filled with colored liquids, shall be considered a pharmacy within the meaning of this subtitle. 151. Physician to have same privileges as registered pharmacist. Nothing in this sub-title shall prevent regularly licensed physicians of the State of Maryland from selling and compounding drugs and medicines as a pharmacist. 152. Talbot County excepted. This sub-title shall repeal and supersede all prior acts and parts of acts pertaining to the practice of pharmacy in this State, but shall not apply to Talbot county. 153. Exceptions. Nothing, however, in this sub-title shall be construed as preventing general merchants of the counties of the State or of Baltimore city from selling such drugs and medicines as have heretofore been handled by the general merchants of the State of Maryland, or any registered physician of this State from personally compounding and dispensing drugs and medicines. Laws 1902, p. 276 et seq. Public General Laws, 1904, vol. 1, p. 1250 et seq. SALE OF POISONS. 362. Label. It shall be unlawful for any person, to retail any of the following poisons: arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine and all other poisonous vegetables, alkaloids and their salts, essential oil of bitter almonds, opium and its preparations, aconite, belladonna, colchicum, conium nux vomica, herbane,a savine, ergot, cotton-root, cantharides, creosote, digitalis and their pharmaceutical preparations, cotton a oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid and oxalic acid, without distinctly labeling the box, vessel or paper in which the said poison is contained with the name of the article and the word "Poison" and the name and place of business of the seller. 363. Record; exception. Nor shall it be lawful for any registered pharmacist or other persons to sell any of the poisons in section 362 enumerated without causing any entry to be made in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for at least five years. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses, upon the prescription of practitioners of medicine. Any violation of the provisions of sections 362 and 363 shall make the offender liable to a fine of not less than five dollars and not more than one hundred dollars. Laws 1902, p. 843. Public General Laws, 1904, vol. 1, p. 896–897. 237. Regulations governing sale of cocaine, eucaine, and morphine; penalty. It shall be unlawful for any person, firm or corporation to sell, furnish or give away any cocaine, salts of cocaine or preparations containing any cocaine or salts of cocaine, or any morphine, eucaine, salts of eucaine, or preparations containing any eucaine or salts of eucaine, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or, if ordered by a practitioner of veterinary medicine, shall state the kind of animal for which ordered, and shall be signed by the person giving the prescription or order. Such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be recompounded or dispensed a second time, except upon the written order of the original prescriber; provided, however, that the above provisions shall not apply to preparations containing not more than onehalf grain of morphine, not more than one-sixteenth grain of cocaine, in one fluid ounce, or, if a solid preparation, in one avoirdupois ounce; provided, also, that the above provisions shall not apply to preparations recommended in good faith for diarrhoea and cholera, each bottle or package of which is accompanied by specific directions for use, and a caution against habitual use, nor to liniments or ointments when plainly labeled, "for external use only;" and, provided, further, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to retail druggists, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations, nor to sales to hospitals, colleges, scientific or public institutions; and, provided, further, that the provisions of this section shall not apply to the sale or manufacture of any bona fide patent or proprietary medicine. It shall be a So in Laws. unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to, or to subscribe for the use of any habitual user of the same, any cocaine, eucaine or morphine, or any salts or compound of cocaine, eucaine or morphine, or any preparation containing cocaine, eucaine or morphine or other salts, and it shall be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular line of his profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any lawfully authorized practitioner of medicine from prescribing in good faith for the use of any habitual user of narcotic drugs such substances as he may deem necessary for the treatment of such habit. Any person who shall knowingly violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction for the first offense shall be fined not less than twenty-five dollars nor more than fifty dollars, and upon conviction for a second offense shall be fined not less than fifty dollars nor more than one hundred dollars; and upon conviction for a third offense and all subsequent offenses shall be fined not less than one hundred dollars nor more than two hundred dollars, and shall be imprisoned in jail for not more than six months; it shall be the duty of the grand jury to make presentments for violation of this section. (Laws 1904, p. 1051–1052.) Public General Laws, 1904, vol. 1, p. 857. ADULTERATION OF DRUGS. 135. Fraud a misdemeanor; penalty. Any person or corporation engaged in the business of selling drugs, medicines, chemicals or preparations for medicinal use or of compounding or dispensing physicians' prescriptions, who shall, in person or by his or its agents or employes, or as agent or employe of some other person, knowingly sell or deliver to any person a drug, medicine, chemical preparation for medicinal use, recognized or authorized by the latest edition of the United States pharmacopoeia, or prepared according to the private formula of some individual firm, other or different from the drug, medicine, chemical or preparation for medicinal use, recognized or authorized by the latest edition of the United States pharmacopoeia, or prepared according to the private formula of some individual or firm, ordered or called for by such person, or called for in a physician's prescription, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by not less than one month nor more than twelve months' imprisonment, or by both, and any person so convicted shall forfeit the right to practice pharmacy under any certificate or registration issued under the laws of this State. (Laws 1902, p. 148.) Public General Laws, 1904, vol. 1, p. 824. 196. Substitution of wood alcohol for ethyl alcohol; penalty. Any person, firm or corporation engaged in the business of making, manufacturing, compounding or dispensing drugs, medicines, medicinal or chemical preparations for human consumption, who shall in person or by his, their or its agents or employes, make, mix, manufacture, compound, dispense, sell, or deliver to any person, any drug, medicine, medicinal or chemical preparation, intended for internal use, wherein ethyl, or grain alcohol usually enters as part of, or is in anywise employed in the making, mixing or manufacture, compounding or preparation of such drug, medicine, medicinal or chemical preparation; and who shall, in the making, mixing, manufacturing or compounding of such drug, medicine or medicinal or chemical preparation, substitute or use, in part or in whole, methyl, or wood alcohol, in place and stead of ethyl, or grain alcohol, or who shall in any manner put or introduce methyl, or wood alcohol, into such drug, medicine, medicinal or chemical preparation, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by not less than three months nor more than twelve months imprisonment, or by both, in the discretion of the court. (Laws 1904, p. 817.) Public General Laws, 1904, vol. 1, p. 845. 134. Prohibition of use of wood alcohol in essences, etc.; penalty. No person, firm or corporation engaged in making, manufacturing, compounding and selling extracts, essences or other fluids commonly used for the purpose of flavoring articles of food or drink shall use or employ, or permit to be used or employed by his, their or its agents or employes, the making, manufacture or compounding of such flavoring extracts, essences or fluids any methyl, or wood alcohol; nor shall any person, firm or corporation, his, their or its agents or employes, sell, or offer for sale at wholesale or retail, any flavoring extract, essence or other fluid commonly used for flavoring articles of food or drink when the same contains any methyl, or wood alcohol; and any person, firm or corporation, his, their or its agents, employes or officers, violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by not less than three months nor more than twelve months' imprisonment, or by both, in the discretion of the court. (Laws 1904, p. 659.) Public General Laws, 1904, vol. 1, p. 1248. MASSACHUSETTS. The State board of health administers the drug law, which is probably better enforced than any other similar State law. REGISTERED PHARMACISTS. 18. Whoever, not being registered as aforesaid, retails, compounds for sale or dispenses for medicinal purposes or keeps or exposes for sale drugs, medicines, chemicals or poisons, except as provided in section twenty-three, shall be punished by a fine of not more than fifty dollars. But the provisions of this section shall not prohibit the employment of apprentices or assistants under the personal supervision of a registered pharmacist. 23. Exceptions. The provisions of sections twenty-one to twenty-nine, inclusive, of chapter one hundred (Note: These sections prescribe the manner in which alcoholic liquors shall be sold under sixth-class licenses.), section twentysix of chapter seventy-five and section two of chapter two hundred and thirteen shall not apply to physicians who put up their own prescriptions or dispense medicines to their patients; nor to the sale of drugs, medicines, chemicals or poisons at wholesale only; nor to the manufacture or sale of patent and proprietary medicines; nor to the sale of non-poisonous domestic remedies usually sold by grocers and others; nor shall any unregistered member of a copartnership be liable to the penalties hereof if he retails, compounds for sale or dispenses for medicinal purposes drugs, medicines, chemicals or poisons only under the personal supervision of a registered pharmacist. The widow, executor or administrator of a registered pharmacist who has died or the wife of one who has become incapacitated may continue his business under a registered pharmacist. Revised Laws, 1902, vol. 1, p. 687. SALE OF POISONS. a 2 Label; record; penalty; exemptions. Whoever sells arsenic (arsenious acid), atropia or any of its salts, chloral hydrate, chloroform, cotton root and its fluid extract, corrosive sublimate, cyanide of potassium, Donovan's solution, ergot and its fluid extract, Fowler's solution, laudanum, McMunn's elixir, morphia or any of its salts, oil of pennyroyal, oil of savin, oil of tansy, opium, Paris green, Parsons' vermin exterminator, phosphorus, prussic acid, "rough on rats", strychnia or any of its salts, tartar emetic, tincture of aconite, tincture of belladonna, tincture of digitalis, tincture of nux vomica, tincture of veratrum viride, or carbolic acid, without the written prescription of a physician, shall affix to the bottle, box or wrapper containing the article sold a label of red paper upon which shall be printed in large black letters the name and place of business of the vendor and the words Poison and Antidote, and the label shall also contain the name of an antidote, if any, for the poison sold. He shall also a See also sec. 4, under Patent Medicines," for cocaine law. |