Md. Code, Criminal Law, Title 5

Md. Code, Criminal Law, Title 5
in effect

Md. Code, Criminal Law § 5-101

(a) In this title the following words have the meanings indicated. (b) “Administer” means to introduce a substance into the system of a human or animal by injection, inhalation, ingestion, application to the skin, or any combination of those methods or by any other means. (c) (1) “Agent” means an employee or other authorized person who acts for or at the direction of a manufacturer, distributor, or authorized provider. (2) “Agent” does not include: (i) a common carrier, contract carrier, or public warehouseman; or (ii) an employee of a common carrier, contract carrier, or public warehouseman. (d) (1) “Authorized provider” means: (i) a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research; or (ii) a pharmacy, laboratory, hospital, or other institution licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research. (2) “Authorized provider” includes: (i) a scientific investigator; (ii) an individual authorized by the State to practice medicine, dentistry, or veterinary medicine; and (iii) an animal control facility licensed under § 2–305 of the Agriculture Article. (e) (1) “Cannabimimetic agents” means substances that are cannabinoid receptor type 1 (CB1 receptor) agonists as demonstrated by binding studies and functional assays within one of the following structural classes: (i) 2–(3–hydroxycyclohexyl)phenol with substitution at the 5–position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent; (ii) 3–(1–naphthoyl)indole or 3–(1–naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthoyl or naphthyl ring to any extent; (iii) 3–(1–naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted on the naphthoyl ring to any extent; (iv) 1–(1–naphthylmethylene)indene by substitution of the 3–position of the indene ring, whether or not further substituted in the indene ring to any extent and whether or not substituted on the naphthyl ring to any extent; or (v) 3–phenylacetylindole or 3–benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted on the phenyl ring to any extent. (2) “Cannabimimetic agents” includes: (i) 5–(1,1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–47,497); (ii) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (cannabicyclohexanol or CP–47,497 C8–homolog); (iii) 1–pentyl–3–(1–naphthoyl)indole (JWH–018 and AM678); (iv) 1–butyl–3–(1–naphthoyl)indole (JWH–073); (v) 1–hexyl–3–(1–naphthoyl)indole (JWH–019); (vi) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl)indole (JWH–200); (vii) 1–pentyl–3–(2–methoxyphenylacetyl)indole (JWH–250); (viii) 1–pentyl–3–[1–(4–methoxynaphthoyl)]indole (JWH–081); (ix) 1–pentyl–3–(4–methyl–1–naphthoyl)indole (JWH–122); (x) 1–pentyl–3–(4–chloro–1–naphthoyl)indole (JWH–398); (xi) 1–(5–fluoropentyl)–3–(1–naphthoyl)indole (AM2201); (xii) 1–(5–fluoropentyl)–3–(2–iodobenzoyl)indole (AM694); (xiii) 1–pentyl–3–[(4–methoxy)–benzoyl]indole (SR–19 and RCS–4); (xiv) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl)indole (SR–18 and RCS–8); and (xv) 1–pentyl–3–(2–chlorophenylacetyl)indole (JWH–203). (e–1) (1) “Cannabis” means the plant Cannabis sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. (2) “Cannabis” does not include hemp as defined in § 14–101 of the Agriculture Article. (e–2) “Civil use amount” means: (1) an amount of usable cannabis that exceeds 1.5 ounces but does not exceed 2.5 ounces; (2) an amount of concentrated cannabis that exceeds 12 grams but does not exceed 20 grams; or (3) an amount of cannabis products containing delta–9–tetrahydrocannabinol that exceeds 750 milligrams but does not exceed 1,250 milligrams. (f) (1) “Coca leaf” includes a leaf containing cocaine, the optical and geometric isomers of cocaine, and any compound, manufactured substance, salt, derivative, mixture, or preparation of a coca leaf. (2) “Coca leaf” does not include a derivative of a coca leaf that does not contain cocaine, ecgonine, or a substance from which cocaine or ecgonine may be synthesized or made. (g) (1) “Controlled dangerous substance” means: (i) a drug or substance listed in Schedule I through Schedule V; or (ii) an immediate precursor to a drug or substance listed in Schedule I through Schedule V that: 1. by regulation the Department designates as being the principal compound commonly used or produced primarily for use to manufacture a drug or substance listed in Schedule I through Schedule V; 2. is an immediate chemical intermediary used or likely to be used to manufacture a drug or substance listed in Schedule I through Schedule V; and 3. must be controlled to prevent or limit the manufacture of a drug or substance listed in Schedule I through Schedule V. (2) “Controlled dangerous substance” does not include distilled spirits, wine, malt beverages, or tobacco. (h) “Controlled paraphernalia” means: (1) a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection; (2) a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or (3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant. (i) “Deliver” means to make an actual, constructive, or attempted transfer or exchange from one person to another whether or not remuneration is paid or an agency relationship exists. (j) “Department” means the Maryland Department of Health. (k) “Depressant or stimulant drug” means a drug that contains any quantity of a substance that the Attorney General of the United States by regulation designates as having a potential for abuse because of: (1) a depressant or stimulant effect on the central nervous system; or (2) a hallucinogenic effect. (l) (1) “Dispense” means to deliver to the ultimate user or the human research subject by or in accordance with the lawful order of an authorized provider. (2) “Dispense” includes to prescribe, administer, package, label, or compound a substance for delivery. (m) “Distribute” means, with respect to a controlled dangerous substance, to deliver other than by dispensing. (n) (1) “Drug” means: (i) a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary; (ii) a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; (iii) except for food, a substance intended to affect the structure or function of the body of humans or other animals; or (iv) a substance intended for use as a component of any substance specified in item (i), (ii), or (iii) of this paragraph. (2) “Drug” does not include a device or an accessory, part, or component of a device. (o) “Drug dependent person” means a person who: (1) is using a controlled dangerous substance; and (2) is in a state of psychological or physical dependence, or both, that: (i) arises from administration of that controlled dangerous substance on a continuous basis; and (ii) is characterized by behavioral and other responses that include a strong compulsion to take the substance on a continuous basis in order to experience its psychological effects or to avoid the discomfort of its absence. (p) (1) “Drug paraphernalia” means equipment, a product, or material that is used, intended for use, or designed for use, in: (i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, or concealing a controlled dangerous substance in violation of this title; or (ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of this title. (2) “Drug paraphernalia” includes: (i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled dangerous substance other than cannabis or from which a controlled dangerous substance can be derived; (ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled dangerous substance other than cannabis; (iii) an isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled dangerous substance other than cannabis; (iv) testing equipment used, intended for use, or designed for use in analyzing the strength, effectiveness, or purity of a controlled dangerous substance other than cannabis; (v) a scale or balance used, intended for use, or designed for use in weighing or measuring a controlled dangerous substance other than cannabis; (vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a controlled dangerous substance other than cannabis; (vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, a controlled dangerous substance other than cannabis; (viii) a blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled dangerous substance other than cannabis; (ix) a capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging small quantities of a controlled dangerous substance other than cannabis; (x) a container or other object used, intended for use, or designed for use in storing or concealing a controlled dangerous substance other than cannabis; (xi) a hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled dangerous substance into the human body; and (xii) an object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine into the human body. (p–1) “Electronic prescription” means a prescription that: (1) is generated on an electronic application and transmitted as an electronic data file; and (2) if the prescription is for a controlled dangerous substance, complies with the requirements of 21 C.F.R. Part 1306. (q) (1) “Manufacture”, with respect to a controlled dangerous substance, means to produce, prepare, propagate, compound, convert, or process a controlled dangerous substance: (i) directly or indirectly by extraction from substances of natural origin; (ii) independently by chemical synthesis; or (iii) by a combination of extraction and chemical synthesis. (2) “Manufacture” includes to package and repackage a controlled dangerous substance and label and relabel its containers. (3) “Manufacture” does not include: (i) to prepare or compound a controlled dangerous substance by an individual for the individual’s own use; or (ii) to prepare, compound, package, or label a controlled dangerous substance: 1. by an authorized provider incidental to administering or dispensing a controlled dangerous substance in the course of professional practice; or 2. if the controlled dangerous substance is not for sale by an authorized provider, or by the authorized provider’s agent under the authorized provider’s supervision, for or incidental to research, teaching, or chemical analysis. (r) (1) “Narcotic drug” means a substance: (i) that has been found to present an extreme danger to the health and welfare of the community because of addiction–forming and addiction–sustaining qualities; (ii) that is: 1. an opiate; 2. a compound, manufactured substance, salt, derivative, or preparation of opium, coca leaf, or an opiate; or 3. a substance and any compound, manufactured substance, salt, derivative, or preparation that is chemically identical with a substance listed in items 1 and 2 of this item; and (iii) that is produced: 1. directly or indirectly by extraction from substances of vegetable origin; 2. independently by chemical synthesis; or 3. by a combination of extraction and chemical synthesis. (2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf that does not contain cocaine or ecgonine. (s) “Noncontrolled substance” means a substance that is not classified as a controlled dangerous substance under Subtitle 4 of this title. (t) (1) “Opiate” means a substance that has an addiction–forming or addiction–sustaining quality similar to morphine or that can be converted into a drug that has this addiction–forming or addiction–sustaining quality. (2) “Opiate” includes: (i) the racemic and levorotatory forms of an opiate; (ii) except for seeds, the opium poppy, the plant of the species Papaver somniferum L.; (iii) the poppy straw consisting of the opium poppy after mowing except the seeds; and (iv) coca leaf. (3) “Opiate” does not include, unless specifically designated as controlled under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan and its salts (dextromethorphan). (u) “Personal use amount” means: (1) an amount of usable cannabis that does not exceed 1.5 ounces; (2) an amount of concentrated cannabis that does not exceed 12 grams; (3) an amount of cannabis products containing delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or (4) two or fewer cannabis plants. (v) “Possess” means to exercise actual or constructive dominion or control over a thing by one or more persons. (w) (1) “Prescription drug” means a drug that: (i) is intended to be used by an individual; and (ii) because of its toxicity, other potentiality for harmful effect, method of use, or collateral measures necessary for its use: 1. bears a cautionary label warning a person that under federal law the drug may not be dispensed without a prescription; or 2. is designated by the Department as not safe for use except under the supervision of a person licensed by the State to administer a prescription drug. (2) “Prescription drug” does not include a controlled dangerous substance. (x) “Produce”, with respect to a controlled dangerous substance, includes to manufacture, plant, cultivate, grow, and harvest. (y) “Registrant” means a person who is registered by the Department to manufacture, distribute, or dispense a controlled dangerous substance in the State. (z) “Schedule I” means the controlled dangerous substances described in § 5–402 of this title. (aa) “Schedule II” means the controlled dangerous substances described in § 5–403 of this title. (bb) “Schedule III” means the controlled dangerous substances described in § 5–404 of this title. (cc) “Schedule IV” means the controlled dangerous substances described in § 5–405 of this title. (dd) “Schedule V” means the controlled dangerous substances described in § 5–406 of this title. (ee) “Secretary” means the Secretary of the Department. (ff) “Ultimate user” means a person who lawfully possesses a controlled dangerous substance for the person’s own use, for the use of a member of the person’s household, or for administration to an animal owned by the person or by a member of the person’s household.

Md. Code, Criminal Law § 5-102

(a) The General Assembly finds that: (1) many of the substances listed in this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the State; but (2) the illegal manufacture, distribution, possession, and administration of controlled dangerous substances have a substantial and detrimental effect on the health and general welfare of the people of the State. (b) (1) The purpose of this title is to establish a uniform law to control the manufacture, distribution, possession, and administration of controlled dangerous substances and related paraphernalia to: (i) ensure their availability for legitimate medical and scientific purposes; but (ii) prevent their abuse, which results in a serious health problem to the individual and represents a serious danger to the welfare of the people of the State. (2) This title shall be liberally construed to accomplish this purpose.

Md. Code, Criminal Law § 5-103

(a) (1) Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug: (i) made to an authorized provider; or (ii) made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to: 1. another manufacturer, wholesale distributor, or pharmacist licensed by the State; or 2. a hospital or institution that operates a dispensary in which an authorized provider licensed to administer prescription drugs is in charge. (2) A sale is exempt from this title only if a record of the sale: (i) is maintained and available for inspection; and (ii) shows the date of sale, the name and address of the purchaser, and the quantity purchased. (b) This title does not apply to: (1) the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities; (2) the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or (3) a drug that on June 1, 1961, could be sold without a prescription.

Md. Code, Criminal Law § 5-201

(a) The Department, those of its officers, agents, inspectors, and representatives whom the Secretary designates, and each police officer and State’s Attorney in the State shall: (1) enforce the provisions of this title that are not specifically delegated; and (2) cooperate with each unit that enforces any federal, state, or local law relating to controlled dangerous substances. (b) The Department may: (1) arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances; (2) coordinate and cooperate in training programs on dangerous substance law enforcement at the local and State levels; (3) eradicate wild or unlawfully grown plants from which controlled dangerous substances may be extracted; and (4) cooperate with the federal Drug Enforcement Administration by establishing a centralized unit that will: (i) accept, catalogue, file, and collect statistics obtained from law-enforcement units, including records of drug dependent persons convicted of drug crimes and of other offenders who violate dangerous substance laws in the State; and (ii) make the statistics available for federal, State, and local law-enforcement purposes.

Md. Code, Criminal Law § 5-202

(a) The Department shall control all substances listed in Subtitle 4 of this title. (b) In accordance with the Administrative Procedure Act, the Department may add a substance as a controlled dangerous substance on its own initiative or on the petition of an interested party. (c) To determine whether to add a substance as a controlled dangerous substance, the Department shall consider: (1) the actual or relative potential for abuse of the substance; (2) if known, scientific evidence of the pharmacological effect of the substance; (3) the state of current scientific knowledge regarding the substance; (4) the history and current pattern of abuse of the substance; (5) the scope, duration, and significance of abuse of the substance; (6) any risk that the substance poses to the public health; (7) the ability of the substance to cause psychological or physiological dependence; and (8) whether the substance is an immediate precursor of a controlled dangerous substance. (d) After considering the factors listed in subsection (c) of this section, the Department shall: (1) make findings with respect to those factors; and (2) issue an order to control the substance if the Department finds that the substance has a potential for abuse. (e) If the Department designates a substance as an immediate precursor of a controlled dangerous substance, a substance that is a precursor of the immediate precursor is not subject to control solely because it is a precursor of the immediate precursor. (f) (1) A new substance that is designated as a controlled substance under federal law is a similarly controlled dangerous substance under this title unless the Department objects to the inclusion. (2) If the Department objects, it shall publish the reasons for the objection and give each interested party an opportunity to be heard. (3) After the hearing, the Department shall publish its decision, which is final. (4) An action for judicial review of a final decision made in accordance with this section does not stay the effect of the decision. (g) The Department annually shall update and republish a schedule.

Md. Code, Criminal Law § 5-204

The Department may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled dangerous substances in the State.

Md. Code, Criminal Law § 5-301

(a) (1) Except as otherwise provided in this section, a person shall be registered by the Department before the person manufactures, distributes, or dispenses a controlled dangerous substance in the State or transports a controlled dangerous substance into the State. (2) The Department shall adopt regulations to carry out this subsection. (b) An applicant must register separately each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses a controlled dangerous substance. (c) (1) An authorized provider applying for a registration to dispense a controlled dangerous substance under this section and who will prescribe or dispense controlled dangerous substances under that registration shall attest on the registration form to the Department that the authorized provider has completed 2 hours of continuing education. (2) An authorized provider shall make the attestation required under paragraph (1) of this subsection: (i) before the authorized provider’s initial registration; or (ii) if the authorized provider is registered before October 1, 2018, before the first renewal of the authorized provider’s registration that occurs on or after October 1, 2018. (3) The continuing education required under paragraph (1) of this subsection shall be: (i) related to the prescribing or dispensing of controlled dangerous substances; and (ii) recognized by the authorized provider’s licensing or certification board or accredited by the Accreditation Council for Continuing Medical Education. (d) To the extent authorized by the registration and subject to subsection (b) of this section and this subtitle, a person registered by the Department under this subtitle may: (1) possess, manufacture, distribute, or dispense controlled dangerous substances; and (2) perform any activity listed in item (1) of this subsection to conduct research. (e) A person need not register with the Department to possess a controlled dangerous substance while acting in the course of the person’s business or profession if the person is: (1) an agent or agent’s employee of a registered manufacturer, distributor, or dispenser of a controlled dangerous substance; (2) a common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman; or (3) an ultimate user or person in possession of a controlled dangerous substance acting in good faith in accordance with a lawful order of an authorized provider. (f) If the Department finds that a waiver is consistent with public health and safety, by regulation, the Department may waive the registration requirement for a manufacturer, distributor, or dispenser.

Md. Code, Criminal Law § 5-302

(a) A registration expires on the date set by the Department unless it is renewed for an additional term as provided in this section. (b) A registration may not be renewed for more than 3 years.

Md. Code, Criminal Law § 5-303

(a) Unless the Department determines that the issuance of the registration is inconsistent with the public interest, the Department shall register an applicant to manufacture or distribute controlled dangerous substances included in Schedule I through Schedule V. (b) To determine the public interest, the Department shall consider: (1) the maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or Schedule II substance compounded from a controlled dangerous substance into other than legitimate medical, scientific, or industrial channels; (2) compliance with applicable federal, State, and local law; (3) any convictions of the applicant under federal, State, and local laws relating to the manufacture, distribution, or dispensing of controlled dangerous substances; (4) the applicant’s experience in the manufacture and distribution of controlled dangerous substances and the effectiveness of the applicant’s controls against diversion; and (5) any other factor that is relevant to and consistent with public health and safety. (c) (1) A registrant may manufacture or distribute only a controlled dangerous substance that is specified in the registration. (2) A manufacturer or distributor who complies with federal law on registration, other than fees, is deemed to have complied with this section. (d) (1) A registrant may distribute controlled dangerous substances in Schedule I and Schedule II only in accordance with an order form. (2) A registrant who complies with federal law on order forms for Schedule I and Schedule II is deemed to have complied with this subsection. (e) (1) A registrant distributor shall report to the Department and the Office of the Attorney General any suspicious order of controlled dangerous substances, including an order: (i) of unusual size; (ii) of unusual frequency; or (iii) that deviates substantially from a normal pattern. (2) A registrant distributor may satisfy the reporting requirement under paragraph (1) of this subsection by providing to the Department and the Office of the Attorney General copies of reports made under 21 C.F.R. § 1301.74(b). (3) Unless disclosed in the course of an administrative, civil, or criminal investigation or proceeding initiated to enforce local, State, or federal law or to protect the public health, a report made under paragraph (1) of this subsection shall be maintained confidentially.

Md. Code, Criminal Law § 5-304

(a) If an authorized provider is authorized to dispense or conduct research under State law, the Department shall register the authorized provider to dispense a controlled dangerous substance or to conduct research with a controlled dangerous substance listed in Schedule II through Schedule V. (b) An authorized provider who prescribes a controlled dangerous substance listed in Schedule II through Schedule V shall be registered with the Prescription Drug Monitoring Program described in Title 21, Subtitle 2A of the Health – General Article before obtaining a new or renewal registration with the Department under subsection (a) of this section. (c) The Department need not require separate registration under this section for an authorized provider who is: (1) engaged in research with a nonnarcotic controlled dangerous substance in Schedule II through Schedule V; and (2) already registered under this subtitle in another capacity. (d) An authorized provider may conduct research in the State with a controlled dangerous substance listed in Schedule I if the authorized provider is registered under federal law to conduct research with a controlled dangerous substance listed in Schedule I and gives evidence of the registration to the Department.

Md. Code, Criminal Law § 5-305

In accordance with regulations that the Department adopts, the Department may inspect the establishment of a registrant or applicant for registration.

Md. Code, Criminal Law § 5-306

(a) This section does not apply to an authorized provider who lawfully prescribes or administers, but does not otherwise dispense, a controlled dangerous substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V. (b) (1) A registrant shall make a complete and accurate record of all stocks of controlled dangerous substances on hand every 2 years during the regular fiscal inventory. (2) The registrant shall keep the record for 2 years. (c) Records shall contain the information required by regulations that the Department adopts. (d) A registrant who complies with federal law on records and reports is deemed to have complied with this section.

Md. Code, Criminal Law § 5-307

(a) Subject to the notice and hearing provisions of § 5–308 of this subtitle, the Department may deny a registration to any applicant, suspend or revoke a registration, or refuse to renew a registration if the Department finds that the applicant or registrant: (1) has materially falsified an application filed in accordance with or required by this title; (2) has been convicted of a crime under federal law or the law of any state relating to a controlled dangerous substance; (3) has surrendered federal registration or had federal registration suspended or revoked and may no longer manufacture, distribute, or dispense a controlled dangerous substance; (4) has violated this title; or (5) has failed to meet the requirements for registration under this title. (b) The Department may limit revocation or suspension of a registration to the particular controlled dangerous substance for which grounds for revocation or suspension exist. (c) The Department may limit an initial registration or the renewal of a registration to the particular controlled dangerous substance for which grounds for denial or refusal to issue or renew exist.

Md. Code, Criminal Law § 5-308

(a) (1) Before the Department takes action under § 5-307 of this subtitle, the Department shall serve on the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or its renewal refused. (2) The order to show cause shall: (i) contain a statement of the basis of the proposed denial, revocation, suspension, or refusal; and (ii) order the applicant or registrant to appear before the Department at a time and place stated in the order, but not less than 30 days after the date of receipt of the order. (3) If the Department proposes to deny a renewal of registration, the order to show cause shall be served at least 30 days before the registration expires. (b) Proceedings to deny, revoke, or suspend a registration or renewal of a registration shall be conducted in accordance with the Administrative Procedure Act. (c) (1) The proceedings under this section shall be independent of and not instead of any criminal prosecution or other proceeding under State law. (2) Except as provided in subsection (d) of this section, an existing registration: (i) is not abated by proceedings to refuse renewal of registration; and (ii) shall remain in effect pending the outcome of the proceedings under this section. (d) (1) The Department may suspend a registration simultaneously with the institution of proceedings under this section if the Department finds that an imminent danger exists to public health or safety. (2) The suspension shall continue until the earliest of: (i) the end of all proceedings, including any judicial review; (ii) withdrawal by the Department of the suspension; or (iii) dissolution of the suspension by the appropriate circuit court.

Md. Code, Criminal Law § 5-309

(a) If the Department suspends or revokes a registration, the Department may place under seal all controlled dangerous substances that the registrant owns or possesses at the time of the suspension or revocation in accordance with the registration. (b) Unless the court on request orders the sale of perishable substances and the deposit of the proceeds of the sale with the court, a disposition may not be made of controlled dangerous substances under seal until the time for taking an appeal has elapsed or until all appeals end. (c) When a revocation order becomes final, all controlled dangerous substances placed under seal in accordance with this section shall be forfeited to the State.

Md. Code, Criminal Law § 5-310

The Department shall notify promptly the federal Drug Enforcement Administration of each order that suspends or revokes registration and each forfeiture of a controlled dangerous substance under this subtitle.

Md. Code, Criminal Law § 5-401

(a) The substances included in the schedules in this subtitle are controlled dangerous substances whether designated by official name, common or usual name, chemical name, or trade name. (b) For purposes of this subtitle, a drug is a depressant or stimulant drug if: (1) it is lysergic acid diethylamide; or (2) it contains any quantity of: (i) barbituric acid or a salt of barbituric acid; (ii) a derivative of barbituric acid that is designated as habit forming under the Federal Food, Drug, and Cosmetic Act; (iii) amphetamine or its optical isomers; (iv) a salt of amphetamine or a salt of an optical isomer of amphetamine; (v) a substance that the Attorney General of the United States designates as habit–forming because of its stimulant effect on the central nervous system; or (vi) a substance that the Attorney General of the United States designates as having a potential for abuse because of: 1. a depressant or stimulant effect on the central nervous system; or 2. a hallucinogenic effect.

Md. Code, Criminal Law § 5-402

(a) Schedule I consists of each: (1) controlled dangerous substance analogue, as defined in subsection (b) of this section; (2) controlled dangerous substance added to Schedule I by the Department under § 5–202(b) of this title; and (3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title. (b) (1) In this subsection: (i) “controlled dangerous substance analogue” means a substance: 1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and 2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance described in Schedule I or Schedule II; but (ii) “controlled dangerous substance analogue” does not include: 1. a controlled dangerous substance; 2. a substance for which there is an approved new drug application; or 3. a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act. (2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I. (c) The Department may not add a substance to Schedule I under § 5–202 of this title unless the Department finds: (1) a high potential for abuse of the substance; (2) no accepted medical use in the United States for the substance; and (3) a lack of accepted safety for use of the substance under medical supervision.

Md. Code, Criminal Law § 5-403

(a) Schedule II consists of each controlled dangerous substance: (1) added to Schedule II by the Department under § 5–202(b) of this title; or (2) designated as a Schedule II controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title. (b) The Department may not add a substance to Schedule II under § 5–202 of this title unless the Department finds: (1) a high potential for abuse of the substance; (2) currently accepted medical use of the substance in the United States, or currently accepted medical use with severe restrictions; and (3) evidence that abuse of the substance may lead to severe psychological or physical dependence.

Md. Code, Criminal Law § 5-404

(a) Schedule III consists of each controlled dangerous substance by whatever official name, common or usual name, chemical name, or brand name: (1) added to Schedule III by the Department under § 5–202(b) of this title; or (2) designated as a Schedule III controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title. (b) The Department may not add a substance to Schedule III under § 5–202 of this title unless the Department finds: (1) a potential for abuse of the substance that is less than that for the substances listed in Schedule I and Schedule II; (2) well documented and approved medical use of the substance in the United States; and (3) evidence that abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

Md. Code, Criminal Law § 5-405

(a) Schedule IV consists of each controlled dangerous substance: (1) added to Schedule IV by the Department under § 5–202(b) of this title; or (2) designated as a Schedule IV controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title. (b) The Department may not add a substance to Schedule IV under § 5–202 of this title unless the Department finds that: (1) the substance has a low potential for abuse relative to the substances listed in Schedule III; (2) the substance has currently accepted medical use in treatment in the United States; and (3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

Md. Code, Criminal Law § 5-406

(a) Schedule V consists of each controlled dangerous substance: (1) added to Schedule V by the Department under § 5–202(b) of this title; or (2) designated as a Schedule V controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title. (b) The Department may not add a substance to Schedule V under § 5–202 of this title unless the Department finds: (1) the substance has a low potential for abuse relative to the substances listed in Schedule IV; (2) the substance has currently accepted medical use in the United States; and (3) abuse of the substance may lead to limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.

Md. Code, Criminal Law § 5-501

(a) Except as provided in subsection (b) of this section, a person may not dispense a controlled dangerous substance without a written prescription or an electronic prescription from an authorized provider if the substance is: (1) listed in Schedule II; and (2) a drug to which § 21–220 of the Health – General Article applies. (b) A controlled dangerous substance to which subsection (a) of this section applies may be dispensed without a written prescription or an electronic prescription by: (1) an authorized provider who: (i) is not a pharmacist; and (ii) dispenses the controlled dangerous substance directly to an ultimate user; or (2) a pharmacist if: (i) an emergency exists; (ii) the pharmacist dispenses the drug under regulations of the Department on an oral prescription that the pharmacist reduces promptly to writing and keeps on file; and (iii) federal law authorizes the oral prescription. (c) A prescription for a controlled dangerous substance listed in Schedule II shall be kept on file in conformity with the requirements for records and inventories under § 5–306 of this title. (d) A person may not refill a prescription for a controlled dangerous substance listed in Schedule II.

Md. Code, Criminal Law § 5-502

An authorized provider may not dispense methadone, directly or by prescription, unless: (1) the authorized provider is associated with a controlled drug therapy program authorized by the Department; or (2) an emergency or medical situation exists under regulations that the Department adopts in cooperation with the Medical and Chirurgical Faculty of Maryland.

Md. Code, Criminal Law § 5-503

(a) In this section, “opium” includes: (1) codeine; and (2) a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium. (b) (1) Except on a valid prescription of an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not dispense, give, or sell a preparation containing opium or any of its derivatives. (2) This subsection does not apply to: (i) a sale made to an authorized provider; or (ii) a sale made by a manufacturer, distributor, or licensed pharmacy to a hospital or institution that operates a dispensary in which an authorized provider is in charge. (c) (1) Except on a prescription from an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not possess or control a preparation containing opium or its derivatives. (2) A person may possess or control a preparation containing opium or its derivatives if the possession or control is in the regular course of lawful business, occupation, profession, employment, or duty of the person. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for a first violation, a fine not exceeding $1,000; (2) for a second violation, a fine not exceeding $2,000; or (3) for each subsequent violation, imprisonment not exceeding 18 months.

Md. Code, Criminal Law § 5-504

(a) Except when dispensed directly to an ultimate user by an authorized provider who is not a pharmacist, a controlled dangerous substance listed in Schedule III or Schedule IV that is a drug to which § 21–220 of the Health – General Article applies may not be dispensed without a written prescription, an electronic prescription, or an oral prescription. (b) Unless renewed by the authorized provider, the prescription may not be: (1) filled or refilled more than 6 months after the date of prescription; or (2) refilled more than five times.

Md. Code, Criminal Law § 5-505

(a) A controlled dangerous substance listed in Schedule V may not be distributed or dispensed except for a medical purpose. (b) When dispensing the controlled dangerous substance, an authorized provider shall securely affix to the container, in addition to any other label already there, a label with: (1) the dispenser’s name, signature, and registry number; (2) the date on which the controlled dangerous substance is dispensed; and (3) the purchaser’s name.

Md. Code, Criminal Law § 5-601

(a) Except as otherwise provided in this title, a person may not: (1) possess or administer to another a controlled dangerous substance, unless: (i) obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or (ii) the controlled dangerous substance is cannabis, the individual is at least 21 years old, and the amount possessed is the personal use amount; or (2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by: (i) fraud, deceit, misrepresentation, or subterfuge; (ii) the counterfeiting or alteration of a prescription or a written order; (iii) the concealment of a material fact; (iv) the use of a false name or address; (v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or (vi) making, issuing, or presenting a false or counterfeit prescription or written order. (b) Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication. (c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to: (i) for a first conviction, imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both; (ii) for a second or third conviction, imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both; or (iii) for a fourth or subsequent conviction, imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both. (2) (i) Except as provided in subparagraph (ii) of this paragraph, a person whose violation of this section involves the use or possession of cannabis is guilty of a misdemeanor of possession of cannabis and is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. (ii) 1. A finding of guilt under this section involving the use or possession of the personal use amount of cannabis by a person under the age of 21 years is a civil offense punishable by a fine not exceeding $100. 2. A finding of guilt under this section involving the use or possession of the civil use amount of cannabis is a civil offense punishable by a fine not exceeding $250. 3. A. In addition to a fine, a court may order a person under the age of 21 years who commits a violation punishable under subsubparagraph 1 or 2 of this subparagraph to attend a drug education program approved by the Maryland Department of Health, refer the person to an assessment for substance abuse disorder, and refer the person to substance abuse treatment, if necessary. B. A court that orders a person to a drug education program or substance abuse assessment or treatment under this subsubparagraph may hold the case sub curia pending receipt of proof of completion of the program, assessment, or treatment. (3) (i) 1. In this paragraph the following words have the meanings indicated. 2. “Bona fide physician–patient relationship” means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient’s medical condition. 3. “Caregiver” means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of cannabis, who: A. is a resident of the State; B. is at least 21 years old; C. is an immediate family member, a spouse, or a domestic partner of the patient; D. has not been convicted of a crime of violence as defined in § 14–101 of this article; E. has not been convicted of a violation of a State or federal controlled dangerous substances law; F. has not been convicted of a crime of moral turpitude; G. has been designated as caregiver by the patient in writing that has been placed in the patient’s medical record prior to arrest; H. is the only individual designated by the patient to serve as caregiver; and I. is not serving as caregiver for any other patient. 4. “Debilitating medical condition” means a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician–patient relationship: A. cachexia or wasting syndrome; B. severe or chronic pain; C. severe nausea; D. seizures; E. severe and persistent muscle spasms; or F. any other condition that is severe and resistant to conventional medicine. (ii) 1. In a prosecution for the use or possession of cannabis, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity. 2. Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed cannabis because of medical necessity, the court shall dismiss the charge. (iii) 1. In a prosecution for the use or possession of cannabis under this section, it is an affirmative defense that the defendant used or possessed cannabis because: A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician–patient relationship; B. the debilitating medical condition is severe and resistant to conventional medicine; and C. cannabis is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition. 2. A. In a prosecution for the possession of cannabis under this section, it is an affirmative defense that the defendant possessed cannabis because the cannabis was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver. B. A defendant may not assert the affirmative defense under this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s intention to assert the affirmative defense and provides the State’s Attorney with all documentation in support of the affirmative defense in accordance with the rules of discovery provided in Maryland Rules 4–262 and 4–263. 3. An affirmative defense under this subparagraph may not be used if the defendant was: A. using cannabis in a public place or assisting the individual for whom the defendant is a caregiver in using the cannabis in a public place; or B. in possession of more than 1 ounce of cannabis. (4) The smoking of cannabis in a public place is a civil offense punishable by: (i) for a first finding of guilt, a fine not exceeding $50; and (ii) for a second or subsequent finding of guilt, a fine not exceeding $150. (d) The provisions of subsection (c)(2)(ii) of this section may not be construed to affect the laws relating to: (1) operating a vehicle or vessel while under the influence of or while impaired by a controlled dangerous substance; or (2) seizure and forfeiture. (e) (1) (i) Before imposing a sentence under subsection (c) of this section, the court may order the Maryland Department of Health or a certified and licensed designee to conduct an assessment of the defendant for substance use disorder and determine whether the defendant is in need of and may benefit from drug treatment. (ii) If an assessment for substance use disorder is requested by the defendant and the court denies the request, the court shall state on the record the basis for the denial. (2) On receiving an order under paragraph (1) of this subsection, the Maryland Department of Health, or the designee, shall conduct an assessment of the defendant for substance use disorder and provide the results to the court, the defendant or the defendant’s attorney, and the State identifying the defendant’s drug treatment needs. (3) The court shall consider the results of an assessment performed under paragraph (2) of this subsection when imposing the defendant’s sentence and: (i) except as provided in subparagraph (ii) of this paragraph, the court shall suspend the execution of the sentence and order probation and, if the assessment shows that the defendant is in need of substance abuse treatment, require the Maryland Department of Health or the designee to provide the medically appropriate level of treatment as identified in the assessment; or (ii) the court may impose a term of imprisonment under subsection (c) of this section and order the Division of Correction or local correctional facility to facilitate the medically appropriate level of treatment for the defendant as identified in the assessment.

Md. Code, Criminal Law § 5-601.1

§5–601.1. (a) A police officer shall issue a citation to a person who the police officer has probable cause to believe has committed a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis. (b) (1) A violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is a civil offense. (2) Adjudication of a violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis: (i) is not a criminal conviction for any purpose; and (ii) does not impose any of the civil disabilities that may result from a criminal conviction. (c) (1) A citation issued for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis shall be signed by the police officer who issues the citation and shall contain: (i) the name, address, and date of birth of the person charged; (ii) the date and time that the violation occurred; (iii) the location at which the violation occurred; (iv) the fine that may be imposed; (v) a notice stating that prepayment of the fine is allowed, except as provided in paragraph (2) of this subsection; and (vi) a notice in boldface type that states that the person shall: 1. pay the full amount of the preset fine; or 2. request a trial date at the date, time, and place established by the District Court by writ or trial notice. (2) If a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is issued to a person under the age of 21 years, the court shall summon the person for trial. (d) The form of the citation shall be uniform throughout the State and shall be prescribed by the District Court. (e) (1) The Chief Judge of the District Court shall establish a schedule for the prepayment of the fine. (2) Prepayment of a fine shall be considered a plea of guilty to a Code violation. (3) A person described in subsection (c)(2) of this section may not prepay the fine. (f) (1) A person may request a trial by sending a request for trial to the District Court in the jurisdiction where the citation was issued within 30 days of the issuance of the citation. (2) If a person other than a person described in subsection (c)(2) of this section does not request a trial or prepay the fine within 30 days of the issuance of the citation, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation. (g) The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue. (h) (1) The failure of a defendant to respond to a summons described in subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure Article. (2) If a person at least 21 years old fails to appear after having requested a trial, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation. (i) In any proceeding for a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis: (1) the State has the burden to prove the guilt of the defendant by a preponderance of the evidence; (2) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of a criminal case; (3) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges; (4) the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so; (5) the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and (6) the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be: (i) guilty of a Code violation; (ii) not guilty of a Code violation; or (iii) probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case. (j) (1) The defendant is liable for the costs of the proceedings in the District Court. (2) The court costs in a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in which costs are imposed are $5. (k) (1) The State’s Attorney for any county may prosecute a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in the same manner as prosecution of a violation of the criminal laws of the State. (2) In a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis, the State’s Attorney may: (i) enter a nolle prosequi or move to place the case on the stet docket; and (ii) exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State. (l) A person issued a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article. (m) A citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis and the official record of a court regarding the citation are not subject to public inspection and may not be included on the public website maintained by the Maryland Judiciary if: (1) the defendant has prepaid the fine; (2) the defendant has pled guilty to or been found guilty of the Code violation and has fully paid the fine and costs imposed for the violation; (3) the defendant has received a probation before judgment and has fully paid the fine and completed any terms imposed by the court; (4) the case has been removed from the stet docket after the defendant fully paid the fine and completed any terms imposed by the court; (5) the State has entered a nolle prosequi; (6) the defendant has been found not guilty of the charge; or (7) the charge has been dismissed.

Md. Code, Criminal Law § 5-601.2

§5–601.2. (a) A person may not cultivate cannabis plants in a manner that is contrary to this section. (b) Cannabis plants may not be cultivated in a location where the plants are subject to public view, including a view from another private property, without the use of binoculars, aircraft, or other optical aids. (c) (1) In this subsection, “reasonable precautions” includes cultivating cannabis in an enclosed locked space to which persons under the age of 21 years do not possess a key. (2) A person who cultivates cannabis shall take reasonable precautions to ensure the plants are secure from unauthorized access and access by a person under the age of 21 years. (d) Cannabis cultivation may occur only on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. (e) A person under the age of 21 years may not cultivate cannabis plants. (f) (1) A person may not cultivate more than two cannabis plants. (2) If two or more persons at least 21 years old reside at the same residence, no more than two cannabis plants may be cultivated at that residence. (g) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Md. Code, Criminal Law § 5-602

(a) Except as otherwise provided in this title, a person may not: (1) distribute or dispense a controlled dangerous substance; or (2) possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance. (b) (1) Except as otherwise provided in this title, a person may not possess cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense cannabis. (2) Possession of the civil use amount of cannabis or the personal use amount of cannabis without other evidence of an intent to distribute or dispense does not constitute a violation of paragraph (1) of this subsection. (c) (1) (i) In this subsection, “adult sharing” means transferring cannabis between persons who are 21 years of age or older without remuneration. (ii) “Adult sharing” does not include instances in which: 1. cannabis is given away contemporaneously with another reciprocal transaction between the same parties; 2. a gift of cannabis is offered or advertised in conjunction with an offer for the sale of goods or services; or 3. a gift of cannabis is contingent on a separate reciprocal transaction for goods or services. (2) This section does not prohibit, and no civil or criminal penalty may be imposed for, adult sharing of the personal use amount of cannabis.

Md. Code, Criminal Law § 5-603

(a) Except as otherwise provided in this title, a person may not manufacture a controlled dangerous substance other than cannabis, or manufacture, distribute, or possess a machine, equipment, instrument, implement, device, or a combination of them that is adapted to produce a controlled dangerous substance other than cannabis under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a controlled dangerous substance other than cannabis in violation of this title. (b) Except as otherwise provided in this title, a person may not cultivate or grow cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a machine, equipment, an instrument, an implement, a device, or a combination of them that is adapted to produce cannabis or a cannabis product under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in violation of this title. (c) (1) (i) In this subsection the following words have the meanings indicated. (ii) “Adult sharing” has the meaning stated in § 5–602(c)(1) of this subtitle. (iii) 1. “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. 2. “Volatile solvent” includes butane, hexane, and propane. (2) A person who is at least 21 years old may manufacture a personal use amount of cannabis products or concentrated cannabis for personal use or adult sharing at a private residence if the manufacturing process does not involve the use of a volatile solvent.

Md. Code, Criminal Law § 5-604

(a) In this section, “counterfeit substance” means a controlled dangerous substance, or its container or labeling, that: (1) without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and (2) thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser. (b) Except as otherwise provided in this title, a person may not: (1) create or distribute a counterfeit substance; or (2) possess a counterfeit substance with intent to distribute it. (c) Except as otherwise provided in this title, a person may not manufacture, distribute, or possess equipment that is designed to print, imprint, or reproduce an authentic or imitation trademark, trade name, other identifying mark, imprint, number, or device of another onto a drug or the container or label of a drug, rendering the drug a counterfeit substance.

Md. Code, Criminal Law § 5-605

(a) “Common nuisance” means a dwelling, building, vehicle, vessel, aircraft, or other place: (1) resorted to by individuals for the purpose of administering illegally controlled dangerous substances; or (2) where controlled dangerous substances or controlled paraphernalia are manufactured, distributed, dispensed, stored, or concealed illegally. (b) A person may not keep a common nuisance.

Md. Code, Criminal Law § 5-606

(a) Except as otherwise provided in this title, a person may not pass, issue, make, or possess a false, counterfeit, or altered prescription for a controlled dangerous substance with intent to distribute the controlled dangerous substance. (b) Information that is communicated to an authorized prescriber in an effort to obtain a controlled dangerous substance in violation of subsection (a) of this section is not a privileged communication.

Md. Code, Criminal Law § 5-607

(a) (1) Except as provided in paragraph (2) of this subsection and §§ 5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both. (2) A person who violates § 5–602(b)(1) or § 5–603(b) of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. (b) A person convicted under this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.

Md. Code, Criminal Law § 5-608

(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both. (b) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both if the person previously has been convicted once: (1) under subsection (a) of this section or § 5–609 of this subtitle; (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or (3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State. (c) (1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously: (i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction: 1. under subsection (a) of this section or § 5–609 or § 5–614 of this subtitle; 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or 3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; and (ii) has been convicted twice, if the convictions arise from separate occasions: 1. under subsection (a) of this section or § 5–609 of this subtitle; 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; 3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; or 4. of any combination of these crimes. (2) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime. (d) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 40 years or a fine not exceeding $25,000 or both if the person previously has served three or more separate terms of confinement as a result of three or more separate convictions: (1) under subsection (a) of this section or § 5–609 of this subtitle; (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; (3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; or (4) of any combination of these crimes. (e) A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.

Md. Code, Criminal Law § 5-608.1

§5–608.1. (a) A person may not knowingly violate § 5–602 of this subtitle with: (1) a mixture that contains heroin and a detectable amount of fentanyl or any analogue of fentanyl; or (2) fentanyl or any analogue of fentanyl. (b) A person who violates this section is guilty of a felony and, in addition to any other penalty imposed for a violation of § 5–602 of this subtitle, on conviction is subject to imprisonment not exceeding 10 years. (c) A sentence imposed under this section shall be consecutive to and not concurrent with any other sentence imposed under any other provision of law.

Md. Code, Criminal Law § 5-609

(a) Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to any of the following controlled dangerous substances is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both: (1) phencyclidine; (2) 1–(1–phenylcyclohexyl) piperidine; (3) 1–phenylcyclohexylamine; (4) 1–piperidinocyclohexanecarbonitrile; (5) N–ethyl–1–phenylcyclohexylamine; (6) 1–(1–phenylcyclohexyl)–pyrrolidine; (7) 1–(1–(2–thienyl)–cyclohexyl)–piperidine; (8) lysergic acid diethylamide; or (9) 750 grams or more of 3, 4–methylenedioxymethamphetamine (MDMA). (b) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 20 years or a fine not exceeding $15,000 or both if the person previously has been convicted once: (1) under subsection (a) of this section or § 5–608 of this subtitle; (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle; (3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or (4) of any combination of these crimes. (c) (1) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously: (i) has served at least one term of confinement of at least 180 days in a correctional institution as a result of a conviction under subsection (a) of this section, § 5–608 of this subtitle, or § 5–614 of this subtitle; and (ii) if the convictions do not arise from a single incident, has been convicted twice: 1. under subsection (a) of this section or § 5–608 of this subtitle; 2. of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle; 3. of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or 4. of any combination of these crimes. (2) A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime. (d) A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 40 years or a fine not exceeding $25,000 or both if the person previously has served three separate terms of confinement as a result of three separate convictions: (1) under subsection (a) of this section or § 5–608 of this subtitle; (2) of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle; (3) of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or (4) of any combination of these crimes. (e) A person convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is not prohibited from participating in a drug treatment program under § 8–507 of the Health – General Article because of the length of the sentence.

Md. Code, Criminal Law § 5-609.1

§5–609.1. (a) Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of §§ 5–602 through 5–606 of this subtitle may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court. (b) The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation: (1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and (2) the mandatory minimum sentence is necessary for the protection of the public. (c) (1) Except as provided in paragraph (2) of this subsection, an application for a hearing under subsection (a) of this section shall be submitted to the court or review panel on or before September 30, 2018. (2) The court may consider an application after September 30, 2018, only for good cause shown. (3) The court shall notify the State’s Attorney of a request for a hearing. (4) A person may not file more than one application for a hearing under subsection (a) of this section for a mandatory minimum sentence for a violation of §§ 5–602 through 5–606 of this subtitle.

Md. Code, Criminal Law § 5-610

(a) In addition to any other penalty provided by law, a person who is convicted or found to have committed a delinquent act under § 5-602, § 5-603, § 5-604, § 5-605, or § 5-606 of this subtitle may be ordered by the court to pay restitution for actual costs reasonably incurred in cleaning up or remediating laboratories or other facilities operated for the illegal manufacture of a controlled dangerous substance. (b) If the person convicted or found to have committed a delinquent act is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in subsection (a) of this section.

Md. Code, Criminal Law § 5-612

(a) A person may not manufacture, distribute, dispense, or possess: (1) 50 pounds or more of cannabis; (2) 448 grams or more of cocaine; (3) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of cocaine; (4) 448 grams or more of cocaine base, commonly known as “crack”; (5) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium; (6) 28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium; (7) 5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration; (8) 28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration; (9) 1,000 dosage units or more of lysergic acid diethylamide; (10) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide; (11) 16 ounces or more of phencyclidine in liquid form; (12) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of phencyclidine; (13) 448 grams or more of methamphetamine; or (14) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of methamphetamine. (b) For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90–day period. (c) (1) (i) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of a felony and on conviction shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. (ii) The court may not suspend any part of the mandatory minimum sentence of 5 years. (iii) Except as provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence. (2) A person who violates subsection (a)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $50,000 or both.

Md. Code, Criminal Law § 5-612.1

§5–612.1. (a) Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2017, for a violation of § 5–612 or § 5–613 of this subtitle involving less than 448 grams of cocaine base may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court. (b) The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation: (1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and (2) the mandatory minimum sentence is necessary for the protection of the public. (c) (1) Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026. (2) The court may consider an application filed after September 30, 2026, only for good cause shown. (3) The court shall notify the State’s Attorney of the filing of an application. (4) A person may not file more than one application under subsection (a) of this section for a mandatory minimum sentence for a violation of § 5–612 of this subtitle involving less than 448 grams of cocaine base. (5) The court shall hold a hearing on an application filed under subsection (a) of this section.

Md. Code, Criminal Law § 5-613

(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance. (b) (1) (i) Except as provided in paragraph (2) of this subsection, a drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance in an amount listed in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole or a fine not exceeding $1,000,000 or both. (ii) A court may not suspend any part of the mandatory minimum sentence of 20 years. (iii) The person is not eligible for parole during the mandatory minimum sentence. (2) A drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State cannabis in an amount listed in § 5–612(a)(1) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $100,000 or both. (c) It is not a defense to a prosecution under this section that the controlled dangerous substance was brought into or transported in the State solely for ultimate distribution or dispensing in another jurisdiction. (d) Notwithstanding any other provision of this title, a conviction under this section does not merge with the conviction for any crime that is the object of the conspiracy. (e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a conviction under this section. (f) This section does not: (1) prohibit a court from imposing an enhanced penalty under § 5–905 of this title; or (2) preclude or limit a prosecution for any other crime.

Md. Code, Criminal Law § 5-613.1

§5–613.1. (a) Notwithstanding any other provision of law and subject to subsection (c) of this section, a person who is serving a term of confinement that includes a mandatory minimum sentence imposed on or before September 30, 2025, for a violation of § 5–612 or § 5–613 of this subtitle involving cannabis may apply to the court to modify or reduce the mandatory minimum sentence as provided in Maryland Rule 4–345, regardless of whether the defendant filed a timely motion for reconsideration or a motion for reconsideration was denied by the court. (b) The court may modify the sentence and depart from the mandatory minimum sentence unless the State shows that, giving due regard to the nature of the crime, the history and character of the defendant, and the defendant’s chances of successful rehabilitation: (1) retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and (2) the mandatory minimum sentence is necessary for the protection of the public. (c) (1) Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026. (2) The court may consider an application filed after September 30, 2026, only for good cause shown. (3) The court shall notify the State’s Attorney of the filing of an application. (4) The court shall hold a hearing on an application filed under subsection (a) of this section. (5) If the court denies the motion, the person may file one subsequent motion under this section not earlier than 3 years after the denial of the first motion.

Md. Code, Criminal Law § 5-614

(a) (1) Unless authorized by law to possess the substance, a person may not bring into the State: (i) 45 kilograms or more of cannabis; (ii) 28 grams or more of cocaine; (iii) any mixture containing 28 grams or more of cocaine; (iv) 4 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium; (v) 1,000 dosage units of lysergic acid diethylamide; (vi) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide; (vii) 28 grams or more of phencyclidine in liquid or powder form; (viii) 112 grams or more of any mixture containing phencyclidine; (ix) 1,000 dosage units or more of methaqualone; (x) 28 grams or more of methamphetamine; (xi) any mixture containing 28 grams or more of methamphetamine; or (xii) 4 grams or more of fentanyl or a fentanyl analogue. (2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 or both. (b) (1) Unless authorized by law to possess the cannabis, a person may not bring into the State more than 5 kilograms but less than 45 kilograms of cannabis. (2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

Md. Code, Criminal Law § 5-617

(a) A person may not distribute, attempt to distribute, or possess with intent to distribute a noncontrolled substance: (1) that the person represents as a controlled dangerous substance; (2) that the person intends for use or distribution as a controlled dangerous substance; or (3) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled dangerous substance. (b) To determine if a person has violated this section, the court or other authority shall include in its consideration: (1) whether the noncontrolled substance was packaged in a manner normally used to distribute a controlled dangerous substance illegally; (2) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of consideration was substantially greater than the reasonable value of the noncontrolled substance; and (3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance. (c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both. (d) It is not a defense to a prosecution under this section that the defendant believed that the noncontrolled substance was a controlled dangerous substance.

Md. Code, Criminal Law § 5-618

(a) Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance. (b) To determine if a person has violated this section, the court shall include in its consideration: (1) whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance; (2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and (3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance. (c) It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

Md. Code, Criminal Law § 5-619

(a) To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors: (1) any statement by an owner or a person in control of the object concerning its use; (2) any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance; (3) the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance; (4) a residue of a controlled dangerous substance on the object; (5) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who, the owner or the person knows or should reasonably know, intends to use the object to facilitate a violation of this section; (6) any instructions, oral or written, provided with the object concerning its use; (7) any descriptive materials accompanying the object that explain or depict its use; (8) national and local advertising concerning use of the object; (9) the manner in which the object is displayed for sale; (10) whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community; (11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (12) the existence and scope of legitimate uses for the object in the community; and (13) expert testimony concerning use of the object. (b) The innocence of an owner or a person in control of the object as to a direct violation of this section does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia. (c) (1) Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to: (i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a controlled dangerous substance; or (ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) for a first violation, a fine not exceeding $500; and (ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. (3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection. (d) (1) Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to: (i) plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a controlled dangerous substance; or (ii) inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) for a first violation, a fine not exceeding $500; and (ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. (3) A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both. (4) If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both. (e) (1) A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) for a first violation, a fine not exceeding $500; and (ii) for each subsequent violation, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

Md. Code, Criminal Law § 5-620

(a) Unless authorized under this title, a person may not: (1) obtain or attempt to obtain controlled paraphernalia by: (i) fraud, deceit, misrepresentation, or subterfuge; (ii) counterfeiting a prescription or a written order; (iii) concealing a material fact or the use of a false name or address; (iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or (v) making or issuing a false or counterfeit prescription or written order; or (2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance. (b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, distribute, or dispense controlled dangerous substances, including: (1) a scale; (2) a sieve; (3) a strainer; (4) a measuring spoon; (5) staples; (6) a stapler; (7) a glassine envelope; (8) a gelatin capsule; (9) procaine hydrochloride; (10) mannitol; (11) lactose; (12) quinine; and (13) a controlled dangerous substance. (c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for a first violation, a fine not exceeding $500; and (2) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Md. Code, Criminal Law § 5-621

(a) (1) In this section the following words have the meanings indicated. (2) “Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5–602 through 5–609 and 5–614 of this subtitle. (3) “Forfeiting authority” means the office or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture. (b) During and in relation to a drug trafficking crime, a person may not: (1) possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or (2) use, wear, carry, or transport a firearm. (c) (1) In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to: (i) for a first violation, imprisonment for not less than 5 years and not exceeding 20 years; or (ii) for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years. (2) (i) The court shall impose a minimum sentence of 5 years under paragraph (1)(i) of this subsection. (ii) The court shall impose a minimum sentence of 10 years under paragraph (1)(ii) of this subsection. (3) (i) A court may not suspend any part of a mandatory minimum sentence. (ii) Except as provided in § 4-305 of the Correctional Services Article, a person sentenced under this subsection is not eligible for parole. (iii) A sentence imposed under paragraph (1)(ii) of this subsection shall be consecutive to and not concurrent with any other sentence imposed by virtue of the commission of the drug trafficking crime. (d) (1) (i) In this subsection, “firearm silencer” means a device that is designed for silencing, muffling, or diminishing the report of a firearm. (ii) “Firearm silencer” includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler. (2) A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is: (i) listed in § 4-301 of this article or § 5-101 of the Public Safety Article; (ii) a machine gun; or (iii) equipped with a firearm silencer. (e) (1) A firearm or ammunition seized under this section is contraband and shall be forfeited summarily to a forfeiting authority. (2) Unless otherwise prohibited by law or if forfeiture proceedings have begun, the forfeiting authority shall return the seized property to the owner or possessor within 90 days after the date of seizure if: (i) the owner or possessor of the property seized is acquitted; or (ii) the charges against the person are dismissed. (3) Unless otherwise prohibited by law, the forfeiting authority shall return the seized property to the owner or possessor promptly if the State: (i) enters a nolle prosequi against the owner or possessor of property seized; and (ii) does not charge the person within 90 days after the nolle prosequi is entered.

Md. Code, Criminal Law § 5-622

(a) In this section, “firearm” includes: (1) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those words are defined in § 4-201 of this article; (2) a machine gun, as defined in § 4-401 of this article; and (3) a regulated firearm, as defined in § 5-101 of the Public Safety Article. (b) A person may not possess, own, carry, or transport a firearm if that person has been convicted of: (1) a felony under this title; (2) a crime under the laws of another state or of the United States that would be a felony under this title if committed in this State; (3) conspiracy to commit a crime referred to in items (1) and (2) of this subsection; or (4) an attempt to commit a crime referred to in items (1) and (2) of this subsection. (c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

Md. Code, Criminal Law § 5-623

(a) (1) In this section the following words have the meanings indicated. (2) “Drug crime” means: (i) a crime under this title; or (ii) a crime committed in another jurisdiction that would be a crime under this title if committed in this State. (3) “Financial transaction” means: (i) a payment; (ii) a purchase; (iii) a sale; (iv) a loan; (v) a pledge; (vi) a transfer; (vii) a delivery; (viii) a deposit; (ix) a withdrawal; or (x) an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article. (4) “Monetary instrument” means: (i) coin or currency of the United States or any other country; (ii) a bank check; (iii) a travelers’ check; (iv) a money order; (v) an investment security; or (vi) a negotiable instrument. (5) “Proceeds” means money or any other property with a value exceeding $10,000. (b) Except for a financial transaction necessary to preserve a person’s right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime: (1) receive or acquire proceeds knowing that the proceeds are derived from a drug crime; (2) engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime; (3) give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime; (4) direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or (5) conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime. (c) A person who violates this section is guilty of a felony and on conviction is subject to: (1) for a first violation: (i) imprisonment not exceeding 5 years; (ii) a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or (iii) both; or (2) for each subsequent violation: (i) imprisonment not exceeding 10 years; (ii) a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or (iii) both. (d) Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.

Md. Code, Criminal Law § 5-624

(a) In this section, “drug” does not include alcohol. (b) A person may not administer a controlled dangerous substance or other drug to another without that person’s knowledge and commit against that other: (1) a crime of violence as defined in § 14-101 of this article; or (2) a sexual offense in the third degree under § 3-307 of this article. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both. (d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.

Md. Code, Criminal Law § 5-627

(a) A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5–602 of this subtitle or conspire to commit any of these crimes: (1) in a school vehicle, as defined under § 11–154 of the Transportation Article; or (2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education. (b) Subsection (a) of this section applies whether or not: (1) school was in session at the time of the crime; or (2) the real property was being used for purposes other than school purposes at the time of the crime. (c) (1) A person who violates this section is guilty of a felony and on conviction is subject to: (i) for a first violation, imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both; or (ii) for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years or a fine not exceeding $40,000 or both. (2) (i) The court may not suspend the 5–year minimum sentence required by paragraph (1)(ii) of this subsection. (ii) Except as otherwise provided in § 4–305 of the Correctional Services Article, a person sentenced under paragraph (1)(ii) of this subsection is not eligible for parole during this period of the 5–year minimum sentence. (3) A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed. (d) Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–607, § 5–608, § 5–609, § 5–612, § 5–613, or § 5–628 of this subtitle. (e) (1) In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area. (2) The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record. (3) The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map. (4) This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section. (5) This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.

Md. Code, Criminal Law § 5-628

(a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a person may not hire, solicit, engage, or use a minor to manufacture, deliver, or distribute on behalf of that person a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to distribute the controlled dangerous substance. (ii) This paragraph does not prohibit a person from hiring, soliciting, engaging, or using a minor to manufacture, deliver, or distribute a controlled dangerous substance if the manufacturing, delivering, or distributing has a lawful purpose. (2) A person may not transport, carry, or otherwise bring a minor into the State to use the minor to violate this section or § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, or § 5-627 of this subtitle. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $20,000 or both.

Md. Code, Criminal Law § 5-701

(a) Sections 5–701 through 5–704 of this subtitle apply to: (1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and (2) an authorized provider’s assistant who is not licensed to administer prescription drugs. (b) A person may not dispense a prescription drug except: (1) on an authorized provider’s: (i) electronic prescription; (ii) written prescription; or (iii) oral prescription that the pharmacist reduces to writing and files; or (2) by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized: (i) by the authorized provider in the original prescription; or (ii) by oral direction that the pharmacist reduces to writing and files. (c) A person may not dispense a prescription drug by filling or refilling a written prescription, an electronic prescription, or an oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains: (1) the name and address of the dispenser; (2) the serial number and date of the prescription; (3) the name of the authorized provider; and (4) if stated in the prescription, the name and address of the patient and the directions for use. (d) Except as otherwise provided under this title, a person may not: (1) manufacture, distribute, or possess with intent to distribute a prescription drug; (2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug; (3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or (4) obtain or attempt to obtain a prescription drug by: (i) fraud, deceit, or misrepresentation; (ii) the counterfeiting or altering of a prescription or written order; (iii) concealing a material fact; (iv) using a false name or address; (v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or (vi) making or issuing a false or counterfeit prescription or written order. (e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

Md. Code, Criminal Law § 5-702

(a) (1) This subsection applies to a person engaged in the business of selling prescription drugs, controlled dangerous substances, medicines, chemicals, or preparations for medical use or of compounding or dispensing these in accordance with physicians’ prescriptions. (2) A person subject to this subsection may not knowingly sell or deliver to another a drug, medicine, chemical, or preparation for medicinal use that is recognized or authorized by the latest edition of the United States Pharmacopoeia and National Formulary or prepared according to the private formula of another that is: (i) other or different from the prescription drug, controlled dangerous substance, medicine, chemical, or preparation that is ordered or called for by the person; or (ii) except as authorized under § 12-504 of the Health Occupations Article, called for in a prescription of a physician or other authorized provider. (b) Subsection (a) of this section applies to a person acting on the person’s own behalf or as an agent or employee of some other person. (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment of not less than 1 month and not exceeding 1 year or a fine of not less than $100 and not exceeding $500 or both. (2) If a person convicted under this section holds a license under Title 12 of the Health Occupations Article, the license shall be revoked in accordance with § 12-313(c) of the Health Occupations Article.

Md. Code, Criminal Law § 5-703

(a) This section does not apply to the mailing of a drug to a person who under State law is authorized to disburse, prescribe, or administer the drug. (b) A person may not send by mail a prescription drug, controlled dangerous substance, or medicine to “Resident”, “Occupant”, or to a named addressee who has not requested that the prescription drug, controlled dangerous substance, or medicine be mailed. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

Md. Code, Criminal Law § 5-705

(a) Subject to subsection (c) of this section, in a criminal case involving counterfeiting of a prescription under this title, an affidavit by an authorized provider may be introduced as evidence that: (1) the signature on a prescription of the authorized provider has been counterfeited; (2) the individual named on the prescription was not a patient of the authorized provider; or (3) the individual named on the prescription did not have a prescription from the authorized provider for the named prescription drug or controlled dangerous substance or did not have a prescription for that quantity of the prescription drug or controlled dangerous substance. (b) The affidavit shall: (1) be attached to a copy of the prescription; (2) be given under oath subject to the penalty of perjury; (3) declare that the prescription is counterfeit or altered; (4) describe in detail the parts of the prescription that have been counterfeited; and (5) state whether a patient relationship exists between the individual named on the prescription and the authorized provider. (c) (1) At least 10 days before a proceeding in which the State intends to introduce into evidence an affidavit as provided under subsection (b) of this section, the State shall provide written notice to the defendant that the State intends to: (i) rely on the affidavit; and (ii) introduce the affidavit into evidence at the proceeding. (2) On written demand of a defendant filed at least 5 days before the proceeding described in subsection (a) of this section, the State shall require the presence of the affiant as a prosecution witness.

Md. Code, Criminal Law § 5-708

(a) (1) This section applies to fingernail polish, model airplane glue, or any other substance that causes intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system when smelled or inhaled. (2) This section does not apply to: (i) the inhalation of anaesthesia for medical or dental purposes; or (ii) controlled dangerous substances. (b) (1) A person may not deliberately smell or inhale a substance listed in paragraph (2) of this subsection in an amount that causes intoxication, excitement, stupefaction, or dulling of the brain or nervous system. (2) This section applies to a drug or any other noxious substance or chemical that contains: (i) an aldehyde; (ii) butane; (iii) butyl nitrite; (iv) a chlorinated hydrocarbon; (v) ether; (vi) a fluorinated hydrocarbon; (vii) a ketone; (viii) methyl benzene; (ix) nitrous oxide; (x) an organic acetate; or (xi) another substance containing solvents releasing toxic vapors. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

Md. Code, Criminal Law § 5-709

(a) In this section, “distribute” includes actual, constructive, or attempted transfer, exchange, or delivery, regardless of remuneration or agency relationship. (b) A person may not distribute or possess with intent to distribute to another a substance listed in § 5-708 of this subtitle: (1) with the intent to induce unlawful inhaling of the substance; or (2) with the knowledge that the other will unlawfully inhale the substance. (c) A person may not: (1) instruct another in the practice of inhaling or smelling that is prohibited under § 5-708(b) of this subtitle; or (2) distribute a butane canister to a minor. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $1,000 or both.

Md. Code, Criminal Law § 5-710

(a) In this section, “human growth hormone” means: (1) somatrem, somatropin, and any of their analogues; or (2) a substance labeled as being or containing somatrem or somatropin and any analogue of somatrem or somatropin. (b) This section applies to an athletic facility, commercial health club, public recreation center, weight training gym, school gymnasium, or other establishment operated primarily for the exercise, physical fitness, athletic training, or physical education of the individuals who use the facility. (c) The operator of a facility subject to this section shall obtain and affix at least one warning notice in each locker room maintained in the facility. (d) (1) The lettering in each warning notice shall be at least 1 inch high and shall be conspicuously placed for maximum possible visibility. (2) The warning notice shall read: Warning The nonprescription use, possession, or distribution of anabolic steroids or human growth hormone is illegal in the State of Maryland. On conviction, violators are subject to imprisonment or a fine or both.

Md. Code, Criminal Law § 5-801

Notwithstanding any other law, the Department of State Police may initiate investigations and enforce this title and Title 12 of the Criminal Procedure Article throughout the State without regard to any limitation otherwise applicable to that department’s activities in a municipal corporation or other political subdivision.

Md. Code, Criminal Law § 5-802

(a) (1) Notwithstanding any other law, a law enforcement officer of the Maryland Transportation Authority Police, a municipal corporation, or a county may investigate and otherwise enforce this title and Title 12 of the Criminal Procedure Article throughout the State without any limitation as to jurisdiction and to the same extent as a law enforcement officer of the Department of State Police. (2) The authority granted in paragraph (1) of this subsection may be exercised only in accordance with regulations that the Secretary of the State Police adopts. (3) The regulations are not subject to Title 10, Subtitle 1 of the State Government Article. (b) If action is taken under the authority granted in this section, notification of an investigation or enforcement action shall be made: (1) in a municipal corporation, to the chief of police or designee of the chief of police; (2) in a county that has a county police department, to the chief of police or designee of the chief of police; (3) in a county without a police department, to the sheriff or designee of the sheriff; (4) in Baltimore City, to the Police Commissioner or the Police Commissioner’s designee; and (5) on property owned, leased, or operated by or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, to the chief of police of the Maryland Transportation Authority or the chief’s designee. (c) When acting under the authority granted in this section, a law enforcement officer: (1) in addition to any other immunities and exemptions to which the officer may be entitled, has the immunities from liability and exemptions accorded to a law enforcement officer of the Department of State Police; but (2) remains an employee of the officer’s employing agency.

Md. Code, Criminal Law § 5-803

(a) (1) The Secretary of State Police may pay a person the sum of money that the Secretary considers appropriate for information about a violation of this title. (2) The money shall: (i) be paid without reference to any reward to which the person may otherwise be entitled by law; and (ii) be from funds appropriated for the Department of State Police, Intelligence Division. (b) Money that is expended from appropriations of the Department of State Police, Intelligence Division, for purchase of controlled dangerous substances and that is subsequently recovered shall be reimbursed to the current appropriation for that Department. (c) The Secretary of State Police may advance money to enforce this section.

Md. Code, Criminal Law § 5-804

(a) In this section, “administrative probable cause” means a valid public interest in the effective enforcement of this title or regulations sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant. (b) On showing of administrative probable cause, a judge of the State may issue an administrative inspection warrant to conduct: (1) administrative inspections authorized by this title; and (2) seizures of property appropriate to the inspections. (c) (1) An administrative inspection warrant shall issue only on an affidavit: (i) of a designated officer or employee with knowledge of the facts alleged; (ii) that is sworn to before the judge; and (iii) that establishes the grounds for issuing the warrant. (2) If the judge is satisfied that grounds for the application exist or that there is administrative probable cause to believe they exist, the judge shall issue an administrative inspection warrant that identifies: (i) the area, premises, building, or conveyance to be inspected; (ii) the purpose of the inspection; and (iii) where appropriate, the type of property to be inspected. (3) The warrant shall be directed to a person authorized to execute it. (4) The warrant shall: (i) identify the item or type of property to be seized; (ii) state the grounds for its issuance and the name of the affiant; (iii) require the person to whom the warrant is directed to inspect the area, premises, building, or conveyance identified for the specified purpose; (iv) require, where appropriate, the seizure of the specified property; (v) require that the warrant be served during normal business hours; and (vi) designate the judge to whom the warrant is to be returned. (d) (1) An administrative inspection warrant issued in accordance with this section shall be executed and returned within 10 days after its date. (2) If property is seized in accordance with an administrative inspection warrant, the person who executes the warrant: (i) shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken; or (ii) shall leave the copy and receipt at the place from which the property was taken. (3) The warrant shall be returned promptly and be accompanied by a written inventory of any property taken. (4) The inventory shall be made in the presence of the person executing the warrant and: (i) the person from whose possession or premises the property was taken; or (ii) if that person is not present, at least one other credible person. (5) On request, the judge shall deliver a copy of the inventory to: (i) the person from whom or from whose premises the property was taken; and (ii) the applicant for the warrant. (6) A judge who issues an administrative inspection warrant under this section shall: (i) attach to the warrant a copy of the return and all papers filed in connection with the return; and (ii) file them with the clerk of the court from which the warrant was issued.

Md. Code, Criminal Law § 5-805

(a) In this section, “controlled premises” means: (1) a place where a registrant or person exempted from registration requirements under this title is required to keep records; or (2) a place, including a factory, warehouse, establishment, or conveyance, where a registrant or person exempted from registration requirements under this title may possess, manufacture, compound, process, sell, deliver, or dispose of a controlled dangerous substance. (b) The Department may make administrative inspections of controlled premises in accordance with this section and designate those who may seize property under this section. (c) An officer or employee designated by the Department may enter controlled premises to conduct an administrative inspection: (1) when authorized by an administrative inspection warrant issued under § 5-804 of this subtitle; and (2) on presenting the warrant and appropriate credentials to the owner, operator, or agent in charge. (d) When authorized by an administrative inspection warrant, an officer or employee designated by the Department may: (1) inspect and copy records that must be kept under this title; (2) inspect, within reasonable limits and in a reasonable manner: (i) controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling in the controlled premises; (ii) except as provided in subsection (e) of this section, all other things in the controlled premises, including records, files, papers, processes, controls, and facilities, bearing on violation of this title; and (3) inventory stock and obtain samples of a controlled dangerous substance in the controlled premises. (e) Without a warrant, the Department may inspect books and records in accordance with this title and enter and conduct administrative inspections, including seizures of property: (1) with the consent of the owner, operator, or agent in charge of the controlled premises; (2) in a situation that presents imminent danger to health or safety; (3) in a situation that involves inspection of a conveyance where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (4) in any other exceptional or emergency situation in which time or opportunity to apply for a warrant is lacking; and (5) in all other situations where a warrant is not legally required. (f) Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized under this section may not extend to: (1) financial data; (2) sales data other than shipment data; or (3) pricing data.

Md. Code, Criminal Law § 5-806

The Department, the Attorney General, and the State’s Attorney for a county may apply to the appropriate court for a temporary or permanent injunction to restrain a person from violating this title: (1) whether or not an adequate remedy at law exists; (2) in addition to the other remedies provided by this title; and (3) notwithstanding any other law.

Md. Code, Criminal Law § 5-807

(a) (1) The State need not negate an exemption, proviso, or exception set forth in this title in: (i) a complaint, information, indictment, or other pleading; or (ii) a trial, hearing, or other proceeding under this title. (2) The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit. (b) (1) In the absence of proof that a person is a registrant or holder of an order form issued under § 5–303(d) of this title, the person is presumed not to be a registrant or holder of a form. (2) The person has the burden of proof to rebut the presumption.

Md. Code, Criminal Law § 5-808

(a) If the individual is engaged in the enforcement or prosecution of this title or other law relating to controlled dangerous substances, criminal liability may not be imposed under this title on: (1) an authorized officer of the United States, this State, or a political subdivision of this State; or (2) an authorized police department civilian employee of the United States, this State, or a political subdivision of this State. (b) A public official or employee who is covered under subsection (a) of this section may temporarily possess controlled dangerous substances, drug paraphernalia, or controlled paraphernalia incidental to the discharge of official or employee duties.

Md. Code, Criminal Law § 5-809

Notwithstanding any other law, at a hearing relating to bail or sentencing arising out of a violation or alleged violation of this title, hearsay evidence is admissible if: (1) the hearsay is relevant to the issue; and (2) the underlying circumstances on which the hearsay is based and the reliability of the source of the information are demonstrated.

Md. Code, Criminal Law § 5-810

(a) (1) In this section the following words have the meanings indicated. (2) “Drug crime” means: (i) a violation of this title; (ii) a violation of Title 12 of the Criminal Procedure Article; or (iii) a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of this title or Title 12 of the Criminal Procedure Article if committed in this State. (3) “License” has the meaning stated in § 10–1401 of the State Government Article. (4) “Licensing authority” has the meaning stated in § 10–1401 of the State Government Article. (5) “Licensing information” means a statement of: (i) each license held by the defendant on the date of sentencing; (ii) the full name of the licensee as it appears on the license and, if different, as it appears in the court’s docket; (iii) the birth date of the licensee; and (iv) the name of each licensing authority by whom the defendant is licensed. (b) (1) If an individual is convicted of a drug crime, the court: (i) shall determine at sentencing whether the individual holds a license; and (ii) if the individual holds a license, shall obtain the licensing information. (2) If the individual holds a license, at sentencing, the court shall make a prima facie finding of fact as to whether a relationship exists between the conviction and the license including: (i) a determination of the individual’s ability to perform the tasks authorized by the license; (ii) a finding of whether the public will be protected if the individual continues to perform the tasks authorized by the license; (iii) a finding of whether the nature and circumstances of the drug crime merit referral to the licensing authority; and (iv) a finding of any other facts that the court considers relevant. (3) If the court makes a prima facie finding of fact that a relationship between the conviction and the license exists, the court shall follow the procedures under subsection (c) of this section. (c) (1) This subsection applies to a conviction of a licensee for a drug crime if: (i) the licensee has at least one prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; or (ii) 1. the licensee does not have a prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; and 2. the court makes a prima facie finding of fact that a relationship exists between the conviction and the license under subsection (b) of this section. (2) On conviction of a licensee, the court shall: (i) notify the clerk of the court of the determination; and (ii) provide the clerk of the court with the licensing information. (3) The clerk of the court shall certify and report the conviction and the licensing information to the licensing authority, under administrative orders that the Chief Justice of the Supreme Court of Maryland adopts. (d) If the court makes a prima facie finding of fact under subsection (b) of this section that a relationship between the conviction and the license does not exist, the clerk may not certify or report to a licensing authority the conviction or the licensing information.

Md. Code, Criminal Law § 5-901

Notwithstanding any other law, a violation of this title shall be treated as if it were a felony for purposes of arrest, search, and seizure, whether or not a defendant is subsequently charged with or convicted of a violation that is a misdemeanor.

Md. Code, Criminal Law § 5-902

(a) Except as otherwise authorized by this title, a person may not: (1) omit, remove, alter, or obliterate a symbol required by federal law for a substance governed by this title; (2) refuse or fail to make, keep, or furnish a record, notification, order form, statement, invoice, or information required under this title; (3) refuse entry into a premises or inspection, if the entry or inspection is authorized under this title; or (4) as a registrant or other authorized person under this title, keep or maintain a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place that is: (i) resorted to by persons using a controlled dangerous substance in violation of this title for the purpose of using a controlled dangerous substance; or (ii) used for keeping or selling a controlled dangerous substance in violation of this title. (b) Unless authorized by the registrant’s registration, a registrant may not manufacture, distribute, or dispense a controlled dangerous substance to another registrant or other authorized person. (c) An authorized provider may not prescribe, administer, manufacture, distribute, dispense, or possess a controlled dangerous substance, drug paraphernalia, or controlled paraphernalia except: (1) in the course of regular professional duties; and (2) in conformity with this title and the standards of the authorized provider’s profession relating to controlled dangerous substances, drug paraphernalia, or controlled paraphernalia. (d) A controlled dangerous substance, drug paraphernalia, or controlled paraphernalia manufactured, distributed, dispensed, possessed, prescribed, or administered in violation of subsection (c) of this section is contraband. (e) (1) If the trier of fact specifically finds that a person has knowingly or intentionally violated this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both. (2) In all other cases, a person who violates this section is subject to a civil penalty not exceeding $50,000.

Md. Code, Criminal Law § 5-903

(a) In manufacturing or distributing a controlled dangerous substance, a person may not willfully use a registration number that is fictitious, revoked, suspended, or issued to another. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both.

Md. Code, Criminal Law § 5-904

(a) A registrant may not: (1) distribute or dispense a controlled dangerous substance listed in Schedule I or Schedule II in violation of § 5-303(d) of this title; or (2) distribute a controlled dangerous substance listed in Schedule I or Schedule II in the course of the registrant’s legitimate business, except in accordance with an order form under § 5-303(d) of this title. (b) (1) If the trier of fact specifically finds that a person knowingly or intentionally violated subsection (a)(1) of this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both. (2) In all other cases, a person who violates subsection (a)(1) of this section is subject to a civil penalty not exceeding $50,000. (3) A person who willfully violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both.

Md. Code, Criminal Law § 5-905

(a) Except as provided in subsection (e) of this section, a person convicted of a subsequent crime under this title is subject to: (1) a term of imprisonment twice that otherwise authorized; (2) twice the fine otherwise authorized; or (3) both. (b) For purposes of this section, a crime is considered a subsequent crime, if, before the conviction for the crime, the offender has ever been convicted of a crime under this title or under any law of the United States or of this or another state relating to other controlled dangerous substances. (c) A person convicted of a subsequent crime under a law superseded by this title is eligible for parole, probation, and suspension of sentence in the same manner as those persons convicted under this title. (d) A sentence on a single count under this section may be imposed in conjunction with other sentences under this title. (e) A person whose prior and subsequent convictions were for a violation of § 5–601, § 5–602, § 5–603, § 5–604, § 5–605, or § 5–606 of this title is subject to this section only if the person was also previously convicted of a crime of violence as defined in § 14–101 of this article.

Md. Code, Criminal Law § 5-906

In addition to a penalty imposed under this title, a court may require an individual to complete the educational program on acquired immune deficiency syndrome (AIDS) developed under § 18-339 of the Health - General Article if: (1) the individual pleads guilty or nolo contendere to, or is found guilty of, violating this title; and (2) the judge believes the individual will attend and benefit from the program.

Md. Code, Criminal Law § 5-907

A penalty imposed for violation of this title is in addition to, and not instead of, any other civil or administrative penalty or sanction authorized by law.

Md. Code, Criminal Law § 5-908

(a) The Department may impose a civil penalty in an amount not exceeding $1,000 for each violation of this title. (b) The Department shall adopt regulations to set standards for the imposition of penalties under this section. (c) The Department shall remit a penalty imposed under this section to the General Fund of the State.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026