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(a)
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(1) Any person violating any of the provisions of this subchapter commits a felony and shall, upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned in the state penitentiary for not more than two (2) years, or be both fined and imprisoned, in the discretion of the court.
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(2) For a second offense, the offender commits a felony and shall be fined not more than two thousand dollars ($2,000) and be imprisoned in the state penitentiary for not less than three (3) years nor more than (5) years.
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(3) For a third or subsequent offense, the offender commits a felony and shall be fined not more than five thousand dollars ($5,000) and be imprisoned in the state penitentiary for not less than five (5) years nor more than ten (10) years.
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(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated § 20-64-306(9) and (10) if the person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug’s being a counterfeit drug or for having violated § 20-64-306(10) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.
