No person who is described by G.S. 66-250(1), (2), (5), or (6) shall sell or offer to sell any product that meets any of the following criteria:
(1) The product contains pseudoephedrine as the sole active ingredient or in combination with other active ingredients.
(2) The product is a drug as defined by G.S. 106-121(6).
Any person who violates this section shall be guilty of a Class 1 misdemeanor for the first offense, a Class A1 misdemeanor for a second offense, and a Class I felony for a third or subsequent offense.