(a) A person may not distribute Salvia divinorum to an individual under the age of 21 years.
(b) 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) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:
(1) $1,000 for a first violation;
(2) $2,000 for a second violation occurring within 2 years after the first violation; and
(3) $6,000 for each subsequent violation occurring within 2 years after the preceding violation.
(d) For purposes of this section, each separate incident at a different time and occasion is a separate violation.
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