§ 5-601. Possessing or administering controlled dangerous substance
West's Annotated Code of MarylandCriminal LawEffective: July 1, 2023
Effective: July 1, 2023
MD Code, Criminal Law, § 5-601
Formerly cited as MD CODE Art. 27, § 287
§ 5-601. Possessing or administering controlled dangerous substance
(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:
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.
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:
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.
(d) The provisions of subsection (c)(2)(ii) of this section may not be construed to affect the laws relating to:
(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.
(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.
(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
Credits
Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2003, c. 442, § 1, eff. Oct. 1, 2003; Acts 2011, c. 215, § 1, eff. June 1, 2011; Acts 2012, c. 193, § 1, eff. Oct. 1, 2012; Acts 2012, c. 194, § 1, eff. Oct. 1, 2012; Acts 2013, c. 61, § 1, eff. June 1, 2013; Acts 2013, c. 62, § 1, eff. June 1, 2013; Acts 2014, c. 158, § 1, eff. Oct. 1, 2014; Acts 2015, c. 351, § 1, eff. Oct. 1, 2015; Acts 2016, c. 4, § 1, eff. Feb. 20, 2016; Acts 2016, c. 8, § 5; Acts 2016, c. 514, § 1, eff. Oct. 1, 2016; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2017, c. 61, § 1, eff. April 11, 2017; Acts 2017, c. 62, § 6; Acts 2022, c. 26, § 3, eff. Jan. 1, 2023; Acts 2022, c. 26, § 4, eff. July 1, 2023; Acts 2022, c. 135, § 5; Acts 2023, c. 802, § 1, eff. July 1, 2023.
MD Code, Criminal Law, § 5-601, MD CRIM LAW § 5-601
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.
End of Document |