reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-301 - Registration Required

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-302 - Term of Registration

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-303 - Manufacturers and Distributors

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-304 - Authorized Providers

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-306 - Required Record Keeping

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-307 - Suspensions, Revocations, and Denials -- Grounds

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-308 - Suspensions, Revocations, and Denials -- Notice and Hearing

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-309 - Placing Under Seal and Disposing of Controlled Dangerous Substances

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 3 - Registration of Manufacturers, Distributors, and Dispensers › Section 5-310 - Notice to Drug Enforcement Administration

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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 4 - Schedules › Section 5-401 - In General

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 4 - Schedules › Section 5-402 - Schedule I

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 4 - Schedules › Section 5-403 - Schedule Ii

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 4 - Schedules › Section 5-404 - Schedule Iii

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 4 - Schedules › Section 5-405 - Schedule Iv

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 4 - Schedules › Section 5-406 - Schedule V

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 5 - Prescriptions › Section 5-501 - Dispensing of Certain Substances Listed in Schedule Ii

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 5 - Prescriptions › Section 5-502 - Methadone

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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 5 - Prescriptions › Section 5-503 - Opium

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 5 - Prescriptions › Section 5-504 - Substance Listed in Schedule Iii or Schedule Iv

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 5 - Prescriptions › Section 5-505 - Substance Listed in Schedule V

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-601.2 - Cannabis Not Cultivated in Public View -- Reasonable Precautions Taken -- Limits on Growers -- Violations as Misdemeanor

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-602 - Distributing, Possessing With Intent to Distribute, or Dispensing Controlled Dangerous Substance

** TAKES EFFECT JULY 1, 2023 PER CHAPTER 26 OF 2022 **
(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-603 - Equipment to Produce Controlled Dangerous Substance

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-604 - Counterfeit Substance

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-605 - Keeping Common Nuisance

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-606 - False Prescription

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-607 - Penalties -- Certain Crimes

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-608.1 - Penalties -- Distribution of Fentanyl and Fentanyl Mixtures

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-609.1 - Departure From Mandatory Minimum Sentencing

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part I - Primary Crimes › Section 5-610 - Payment of Restitution

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part II - Primary Offenders › Section 5-612 - Manufacture, Distribution, Dispensing, or Possession of Specified Amounts

(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)    A person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000.
(2)    The court may not suspend any part of the mandatory minimum sentence of 5 years.
(3)    Except as provided in § 4–305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part II - Primary Offenders › Section 5-613 - Drug Kingpin

(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)    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.
(2)    A court may not suspend any part of the mandatory minimum sentence of 20 years.
(3)    The person is not eligible for parole during the mandatory minimum sentence.
(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part II - Primary Offenders › Section 5-614 - Importer of Certain Controlled Dangerous Substances

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part III - Related and Derivative Crimes › Section 5-617 - Distributing Faked Controlled Dangerous Substance

(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.
2023 Maryland Statutes › Criminal Law › Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances › Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia › Part III - Related and Derivative Crimes › Section 5-618 - Possession or Purchase of Noncontrolled Substance

(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.