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§ 5-402. Schedule I

West's Annotated Code of MarylandCriminal LawEffective: June 1, 2022

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)
Subtitle 4. Schedules
Effective: June 1, 2022
MD Code, Criminal Law, § 5-402
Formerly cited as MD CODE Art. 27, § 279
§ 5-402. Schedule I
Currentness
In general
(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.
Analogues
(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.1
(2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I.
Required factors for adding substance
(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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2012, c. 384, § 1, eff. Oct. 1, 2012; Acts 2013, c. 442, § 2, eff. Oct. 1, 2013; Acts 2018, c. 212, § 1, eff. Oct. 1, 2018; Acts 2020, c. 298, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 5; Acts 2022, c. 285, § 1, eff. June 1, 2022; Acts 2022, c. 286, § 1, eff. June 1, 2022.
Formerly Art. 27, § 279.

Footnotes

1
June 25, 1938, ch. 675, 52 Stat. 1040, codified at 21 U.S.C.A. § 301 et seq.
MD Code, Criminal Law, § 5-402, MD CRIM LAW § 5-402
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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