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§ 5-503. Opium

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)
Subtitle 5. Prescriptions
MD Code, Criminal Law, § 5-503
Formerly cited as MD CODE Art. 27, § 285
§ 5-503. Opium
“Opium” defined
(a) In this section, “opium” includes:
(1) codeine; and
(2) a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium.
Prescription required; exceptions
(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.
Possession of opium
(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.
Penalty
(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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.
Formerly Art. 27, § 285.
MD Code, Criminal Law, § 5-503, MD CRIM LAW § 5-503
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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