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§ 5-902. Prohibited acts

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 9. Criminal and Civil Liability
MD Code, Criminal Law, § 5-902
Formerly cited as MD CODE Art. 27, § 288
§ 5-902. Prohibited acts
Currentness
In general
(a) Except as otherwise authorized by this title, a person may not:
(1) omit, remove, alter, or obliterate a symbol required by federal law for a substance governed by this title;
(2) refuse or fail to make, keep, or furnish a record, notification, order form, statement, invoice, or information required under this title;
(3) refuse entry into a premises or inspection, if the entry or inspection is authorized under this title; or
(4) as a registrant or other authorized person under this title, keep or maintain a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place that is:
(i) resorted to by persons using a controlled dangerous substance in violation of this title for the purpose of using a controlled dangerous substance; or
(ii) used for keeping or selling a controlled dangerous substance in violation of this title.
Unauthorized manufacturing, distributing, or dispensing a controlled dangerous substance
(b) Unless authorized by the registrant's registration, a registrant may not manufacture, distribute, or dispense a controlled dangerous substance to another registrant or other authorized person.
Authorized providers
(c) An authorized provider may not prescribe, administer, manufacture, distribute, dispense, or possess a controlled dangerous substance, drug paraphernalia, or controlled paraphernalia except:
(1) in the course of regular professional duties; and
(2) in conformity with this title and the standards of the authorized provider's profession relating to controlled dangerous substances, drug paraphernalia, or controlled paraphernalia.
Contraband
(d) A controlled dangerous substance, drug paraphernalia, or controlled paraphernalia manufactured, distributed, dispensed, possessed, prescribed, or administered in violation of subsection (c) of this section is contraband.
Penalties
(e)(1) If the trier of fact specifically finds that a person has knowingly or intentionally violated this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both.
(2) In all other cases, a person who violates this section is subject to a civil penalty not exceeding $50,000.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2002, c. 39, § 4, eff. Oct. 1, 2002.
Formerly Art. 27, § 288.
MD Code, Criminal Law, § 5-902, MD CRIM LAW § 5-902
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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