I. – Any failure, in the context of a regulated activity, to comply with the provisions adopted in application of article L. 5132-8 is punishable by five years’ imprisonment and a fine of €375,000:
1° Laying down conditions for the production, transport, import, export, possession, supply, transfer, prescription, delivery, acquisition and use of medicinal products, plants, substances or preparations classified as poisonous;
2° Prohibiting transactions relating to these plants or substances;
3° Prohibiting the prescription or incorporation into preparations of certain poisonous plants or substances or specialities containing them, or laying down special conditions for the prescription or supply of such preparations.
In all cases provided for in this article, the courts may order the confiscation of the plants or substances seized.
II. – The penalties referred to in I are increased to seven years’ imprisonment and a fine of €750,000 where :
1° The offences were committed as part of an organised gang ;
2° If the offer, transfer or acquisition is made via a telecommunications network to a non-specified public;
3° The acts were committed with a view to facilitating, by any means whatsoever, in particular by means of prescriptions or dispensations of convenience, the misuse or abuse, as defined by regulation, of medicines, plants, substances or preparations classified as poisonous. These provisions do not apply in the case of prescription of a proprietary medicinal product that does not comply with its marketing authorisation when the conditions set out in articles L. 5121-12 and L. 5121-12-1 are met.