I. – It is an offence to market, broker or distribute, whether free of charge or for a consideration, wholesale or retail, a proprietary medicinal product, any other medicinal product manufactured industrially or according to a method involving an industrial process, as well as any generator, kit or precursor as defined respectively in 8°, 9° and 10° of article L. 5121-1, without a marketing authorisation, a temporary use authorisation, an authorisation referred to in article L. 5121-9-1 or without an import authorisation, or whose authorisation has been refused, suspended, withdrawn or lapsed, is punishable by five years’ imprisonment and a fine of 375,000 euros.
II. – The same penalties apply to the production, commissioning, distribution or commissioning of advertising for a proprietary medicinal product, any other medicinal product manufactured industrially or according to a method involving an industrial process, as well as for any generator, kit or precursor as defined respectively in 8°, 9° and 10° of article L. 5121-1, which have not been the subject of a marketing authorisation, a temporary use authorisation, an authorisation mentioned in article L. 5121-9-1 or an import authorisation, or whose authorisation has been refused, suspended, withdrawn or lapsed.
III. – The penalties provided for in I and II are increased to seven years’ imprisonment and a fine of €750,000 when the offences provided for in the same paragraphs:
1° Are of such a nature as to entail a serious risk to human health;
2° Have been committed as part of an organised gang;
3° Have been committed on a telecommunications network intended for a non-specified public;
4° Have been committed by pharmaceutical establishments authorised in accordance with article L. 5124-3, brokers declared in accordance with article L. 5124-20, dispensing pharmacists holding the licence mentioned in article L. 5125-4 and pharmacies for internal use mentioned in article L. 5126-5 of the same code.