2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2402 - Prohibited acts (B); penalties

(a) It shall be unlawful for any person:
(1) Who is subject to the requirements of §§ 2301—2311 of this title, to distribute or dispense a controlled substance in violation of § 2308 of this title or to prescribe a controlled substance to a person who is not an ultimate user;
(2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration;
(3) to omit, remove, alter, or obliterate a symbol or label required by § 2305 of this title;
(4) to refuse or fail to make, preserve, keep or furnish any record, notification, form, report, book, official order form or information required under this chapter, or to give or furnish false information in the reports and inventories required by § 2306 of this title;
(5) to refuse any entry into any premises or inspection authorized in accordance with this chapter;
(6) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to § 2304(f) of this title or to remove or dispose of substances so placed under seal;
(7) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the Commonwealth of Puerto Rico or of the United States, or to the courts when relevant in any judicial proceeding under this chapter, any information acquired in the course of an inspection authorized by this chapter concerning any method or process which as a trade secret is entitled to protection.
(b) It shall be unlawful for any person who is a registrant to manufacture a controlled substance in Schedule I or II which is not expressly authorized by his registration.
(c)
(1) Except as provided in clause (2) of this subsection, any person who is guilty of a violation of this section, which in the judgment of the Secretary of Health constitutes a purely technical violation, may pay an administrative fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) for each violation. Payment of the administrative fine shall stay any additional punishment for the violations committed.
(2)
(A) If a violation of this section is committed knowingly, or, if after having been determined by the Secretary of Health that it is a purely technical violation the person chooses not to pay the administrative fine, or if the person fails to pay said administrative fine within a reasonable term fixed by the Secretary of Health, said person shall be guilty of a felony and, upon conviction thereof, except as otherwise provided in clause (2)(B) of this subsection, shall be sentenced to imprisonment for a fixed term of two (2) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of three (3) years; if there should be extenuating circumstances, it may be reduced to a minimum of one (1) year.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine not to exceed twenty-five thousand dollars ($25,000).
(B) If a violation referred to in clause (2)(A) of this subsection of this section were committed after one (1) or more prior convictions for an offense punishable under this clause, or for a crime under any other provision of this chapter, or any other law of the United States related to narcotic drugs, marihuana, or depressant or stimulant substances, are final, such person shall be guilty of a felony and, upon conviction, shall be sentenced to imprisonment for a fixed term of four (4) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of six (6) years; if there should be extenuating circumstances, it may be reduced to a minimum of two (2) years.
The court, in its discretion, in addition to the penalty of imprisonment, may impose a fine that shall not exceed fifty thousand dollars ($50,000).
History —June 23, 1971, No. 4, p. 526, § 402; June 22, 1975, No. 52, p. 118, § 4; June 4, 1980, No. 109, p. 350, § 1.