(a) Unless authorized under this title, a person may not:
(1) obtain or attempt to obtain controlled paraphernalia by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) counterfeiting a prescription or a written order;
(iii) concealing a material fact or the use of a false name or address;
(iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
(v) making or issuing a false or counterfeit prescription or written order; or
(2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.
(b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, distribute, or dispense controlled dangerous substances, including:
(1) a scale;
(2) a sieve;
(3) a strainer;
(4) a measuring spoon;
(5) staples;
(6) a stapler;
(7) a glassine envelope;
(8) a gelatin capsule;
(9) procaine hydrochloride;
(10) mannitol;
(11) lactose;
(12) quinine; and
(13) a controlled dangerous substance.
(c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, a fine not exceeding $500; and
(2) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.