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§ 5-618. Possession or purchase of noncontrolled substance

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 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)
Part III. Related and Derivative Crimes
MD Code, Criminal Law, § 5-618
Formerly cited as MD CODE Art. 27, § 287B
§ 5-618. Possession or purchase of noncontrolled substance
Currentness
In general
(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.
Considerations
(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.
Reasonable belief not a defense
(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.
Penalty
(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.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 287B.
MD Code, Criminal Law, § 5-618, MD CRIM LAW § 5-618
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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