Section 10-131 - Violations; defenses; penalties.
§ 10-131. Violations; defenses; penalties.
(a) Distribution to persons under 21 years of age prohibited.- A person may not distribute Salvia divinorum to an individual under the age of 21 years.
(b) Defenses.- In a prosecution for a violation of this section, it is a defense that the defendant examined the purchaser's or recipient's driver's license or other valid identification issued by an employer, a government unit, or an institution of higher education that positively identified the purchaser or recipient as at least 21 years of age.
(c) Penalties.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(1) $300 for a first violation;
(2) $1,000 for a second violation occurring within 2 years after the first violation; and
(3) $3,000 for each subsequent violation occurring within 2 years after the preceding violation.
(d) Separate violations.- For purposes of this section, each separate incident at a different time and occasion is a separate violation.
[2010, chs. 200, 201.]