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§ 5-202. Control of substances

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 2. Powers and Responsibilities of Department
Effective: June 1, 2022
MD Code, Criminal Law, § 5-202
Formerly cited as MD CODE Art. 27, § 278
§ 5-202. Control of substances
Currentness
In general
(a) The Department shall control all substances listed in Subtitle 4 of this title.
Additional substances
(b) In accordance with the Administrative Procedure Act,1 the Department may add a substance as a controlled dangerous substance on its own initiative or on the petition of an interested party.
Factors for consideration
(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.
Findings and order
(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.
Precursors
(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.
Objection to inclusion
(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.
Schedule update and republication
(g) The Department annually shall update and republish a schedule.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2022, c. 285, § 1, eff. June 1, 2022; Acts 2022, c. 286, § 1, eff. June 1, 2022.
Formerly Art. 27, § 278.

Footnotes

1
State Government, § 10-101 et seq.
MD Code, Criminal Law, § 5-202, MD CRIM LAW § 5-202
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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