2017 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 1 - Definitions; General Provisions
§ 5-101. Definitions [Subject to contingent amendment; amended version follows this section]

• ** REVISOR'S NOTE

  This subsection is new language derived without substantive change from the introductory language of former Art. 27, § 277.

  ** REVISOR'S NOTE

  The former reference to "phrases" is deleted as implicit in the reference to "words".

  ** REVISOR'S NOTE

  The former qualification "unless the context otherwise requires" is deleted as an unnecessary statement of a standard rule of statutory construction that applies to all definitions.

• (1) "Agent" means an employee or other authorized person who acts for or at the direction of a manufacturer, distributor, or authorized provider.

• (2) "Agent" does not include:
  • (i) a common carrier, contract carrier, or public warehouseman; or
  • (ii) an employee of a common carrier, contract carrier, or public warehouseman.
    ** REVISOR'S NOTE

    This subsection is new language derived without substantive change from former Art. 27, § 277(b).

    ** REVISOR'S NOTE

    In paragraph (1) of this subsection, the reference to acting "for" or at the direction of a manufacturer is substituted for the former reference to acting "on behalf of or at the direction of a manufacturer" for brevity.

    ** DEFINED TERM:

    "Person" § 1-101

    **

• (1) "Authorized provider" means: **
  • (i) a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research; or **
  • (ii) a pharmacy, laboratory, hospital, or other institution licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the course of professional practice or research. **

• (2) "Authorized provider" includes: **
  • (i) a scientific investigator; **
  • (ii) an individual authorized by the State to practice medicine, dentistry, or veterinary medicine; and **
  • (iii) an animal control facility licensed under § 2-305 of the Agriculture Article.

    REVISOR'S NOTE

    This subsection is new language derived without substantive change from former Art. 27, § 277(t)(1) and the first sentence of (2).

    REVISOR'S NOTE

    The term "authorized provider" is substituted for the former term "practitioner" to clarify that the term refers both to individuals and to facilities that are authorized to administer, dispense, distribute, or conduct research about a controlled dangerous substance.

    REVISOR'S NOTE

    The second sentence of former Art. 27, § 277(t)(2), which defined "hospital" as "an institution for the care and treatment of the sick and injured approved by the Department, as proper to be entrusted with the custody of controlled dangerous substances under the direction of a physician, dentist, or veterinarian" is deleted as redundant in light of paragraph (1)(ii) of this subsection, because the entities to which the term "hospital" referred are included in the defined term "person", and because it did not add anything to the ordinary meaning of the word "hospital". No substantive change is intended.

    REVISOR'S NOTE

    In paragraph (2) of this subsection, the former references to a physician, dentist, and veterinarian authorized "by law" to practice in this State are deleted as included in the reference to being "authorized by the State" to practice. **

• (1) "Cannabimimetic agents" means substances that are cannabinoid receptor type 1 (CB1 receptor) agonists as demonstrated by binding studies and functional assays within one of the following structural classes: **
  • (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent; **
  • (ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthoyl or naphthyl ring to any extent; **
  • (iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted on the naphthoyl ring to any extent; **
  • (iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent and whether or not substituted on the naphthyl ring to any extent; or **
  • (v) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted on the phenyl ring to any extent. **

• (2) "Cannabimimetic agents" includes: **
  • (i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); **
  • (ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog); **
  • (iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678); **
  • (iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073); **
  • (v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); **
  • (vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); **
  • (vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); **
  • (viii) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); **
  • (ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); **
  • (x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); **
  • (xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201); **
  • (xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694); **
  • (xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4); **
  • (xiv) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); and **
  • (xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). **

• (1) "Coca leaf" includes a leaf containing cocaine, the optical and geometric isomers of cocaine, and any compound, manufactured substance, salt, derivative, mixture, or preparation of a coca leaf. **

• (2) "Coca leaf" does not include a derivative of a coca leaf that does not contain cocaine, ecgonine, or a substance from which cocaine or ecgonine may be synthesized or made.

  REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 277(q)(1) as it defined "coca leaves".

  REVISOR'S NOTE

  In paragraph (1) of this subsection, the term "includes" is substituted for the former term "means" to clarify that the definition is broader than the commonly understood meaning of a leaf. See Art. 1, § 30. **

• (1) "Controlled dangerous substance" means: **
  • (i) a drug or substance listed in Schedule I through Schedule V; or **
  • (ii) an immediate precursor to a drug or substance listed in Schedule I through Schedule V that: **

    1. by regulation the Department designates as being the principal compound commonly used or produced primarily for use to manufacture a drug or substance listed in Schedule I through Schedule V; **

    • 2. is an immediate chemical intermediary used or likely to be used to manufacture a drug or substance listed in Schedule I through Schedule V; and **
    • 3. must be controlled to prevent or limit the manufacture of a drug or substance listed in Schedule I through Schedule V. **

• (2) "Controlled dangerous substance" does not include distilled spirits, wine, malt beverages, or tobacco.

  REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 277(f) and (v).

  REVISOR'S NOTE

  In paragraph (1)(ii)1 of this subsection, the former phrase "found to be" a specified kind of substance is deleted as implicit in the reference to a designation as that kind of substance.

  REVISOR'S NOTE

  In paragraph (1)(ii)3 of this subsection, the former reference to "curtail[ing]" manufacture is deleted in light of the references to "prevent[ing] or limit[ing]" manufacture.

  REVISOR'S NOTE

  In paragraph (2) of this subsection, the former reference to substances "as … set in Article 2B of the Code" is deleted as unnecessary and to clarify that none of the listed substances is a "controlled dangerous substance". **

• (1) a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection; **

• (2) a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or **

• (3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant.

  REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 287(d), as it defined controlled paraphernalia.

  REVISOR'S NOTE

  As to the balance of former Art. 27, § 287(d), relating to evidence of controlled paraphernalia, see § 5-620(b).

  REVISOR'S NOTE

  In item (1) of this subsection, the reference to an "object" is substituted for the former reference to an "instrument or implement" for brevity. **

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 277(i).

REVISOR'S NOTE

The former defined term "delivery" is deleted as unnecessary in light of the defined term "deliver".

REVISOR'S NOTE

The former reference to "a controlled dangerous substance" is deleted as misleading because the term "deliver" in this title is not used solely in connection with controlled dangerous substances.

"Person" § 1-101

**

REVISOR'S NOTE

This subsection is new language derived without substantive change from former Art. 27, § 277(h).

REVISOR'S NOTE

The former reference to the Department being "of this State" is deleted as unnecessary. **

• (1) a depressant or stimulant effect on the central nervous system; or **

• (2) a hallucinogenic effect.

  REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 277(j)(4).

  REVISOR'S NOTE

  The former reference to the Attorney General "after investigation, ha[ving] found to have, and by regulation" designated as having a potential for abuse is deleted as included in the reference to "designat[ing]" the substance as a "depressant or stimulant drug". **

• (1) "Dispense" means to deliver to the ultimate user or the human research subject by or in accordance with the lawful order of an authorized provider. **

• (2) "Dispense" includes to prescribe, administer, package, label, or compound a substance for delivery.

  REVISOR'S NOTE

  This subsection is new language derived without substantive change from the first sentence of former Art. 27, § 277(k).

  REVISOR'S NOTE

  In paragraph (1) of this subsection, the former reference to "a controlled dangerous substance" is deleted as misleading because the term "dispense" in this title is not used solely in connection with controlled dangerous substances.

  REVISOR'S NOTE

  The second sentence of former Art. 27, § 277(k), which defined "dispenser" as "a practitioner who dispenses", is deleted as unnecessary. **

REVISOR'S NOTE

This subsection is new language derived without substantive change from the first sentence of former Art. 27, § 277(l).

REVISOR'S NOTE

The phrase "with respect to a controlled dangerous substance" is added because the term "distribute" is used in this title not only in connection with controlled dangerous substances but with other items as well.

REVISOR'S NOTE

The second sentence of former Art. 27, § 277(l), which defined "distributor" as "a person who distributes", is deleted as unnecessary. **

• (1) "Drug" means: **
  • (i) a substance recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary; **
  • (ii) a substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; **
  • (iii) except for food, a substance intended to affect the structure or function of the body of humans or other animals; or **
  • (iv) a substance intended for use as a component of any substance specified in item (i), (ii), or (iii) of this paragraph. **

• (2) "Drug" does not include a device or an accessory, part, or component of a device.

  REVISOR'S NOTE

  This subsection is new language derived without substantive change from former Art. 27, § 277(m).

  REVISOR'S NOTE

  In paragraph (1)(i) of this subsection, the former reference to a "supplement" to books that are the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, or the official National Formulary is deleted as implicit in the references to those books. See Art. 1, § 21 (reference in statute or other law includes amendments).

  REVISOR'S NOTE

  In paragraph (1)(iv) of this subsection, the term "substance" is substituted for the former term "article" for consistency within this subsection. **

• (1) is using a controlled dangerous substance; and **

• (2) is in a state of psychological or physical dependence, or both, that: **
  • (i) arises from administration of that controlled dangerous substance on a continuous basis; and **
  • (ii) is characterized by behavioral and other responses that include a strong compulsion to take the substance on a continuous basis in order to experience its psychological effects or to avoid the discomfort of its absence.

    REVISOR'S NOTE

    This subsection is new language derived without substantive change from former Art. 27, § 277(n).

    REVISOR'S NOTE

    In item (2) of this subsection, the references to "psychological" dependence are substituted for the former references to "psychic" dependence for clarity.

    "Person" § 1-101

    **

• (1) "Drug paraphernalia" means equipment, a product, or material that is used, intended for use, or designed for use, in: **
  • (i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled dangerous substance in violation of this title; or **
  • (ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance in violation of this title.**

• (2) "Drug paraphernalia" includes: **
  • (i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a controlled dangerous substance or from which a controlled dangerous substance can be derived; **
  • (ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled dangerous substance; **
  • (iii) an isomerization device used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled dangerous substance; **
  • (iv) testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled dangerous substance; **
  • (v) a scale or balance used, intended for use, or designed for use in weighing or measuring a controlled dangerous substance; **
  • (vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a controlled dangerous substance; **
  • (vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; **
  • (viii) a blender, bowl, container, spoon, or mixing device used, intended for use, or designed for use in compounding a controlled dangerous substance; **
  • (ix) a capsule, balloon, envelope, or other container used, intended for use, or designed for use in packaging small quantities of a controlled dangerous substance; **
  • (x) a container or other object used, intended for use, or designed for use in storing or concealing a controlled dangerous substance; **
  • (xi) a hypodermic syringe, needle, or other object used, intended for use, or designed for use in parenterally injecting a controlled dangerous substance into the human body; and **
  • (xii) an object used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as: **
    • 1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; **
    • 2. a water pipe; **
    • 3. a carburetion tube or device; **
    • 4. a smoking or carburetion mask; **
    • 5. an object known as a roach clip used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand; **
    • 6. a miniature spoon used for cocaine and cocaine vials; **
    • 7. a chamber pipe; **
    • 8. a carburetor pipe; **
    • 9. an electric pipe; **
    • 10. an air-driven pipe; **
    • 11. a chillum; **
    • 12. a bong; and **
    • 13. an ice pipe or chiller.
      SPECIAL REVISOR'S NOTE

      Chapter 26, Acts of 2002, enacted this subsection as § 5-619(a). However, Ch. 39, Acts of 2002, repealed § 5-619(a) and added identical text as § 5-101(o), renumbering the following subsections accordingly. Essentially, Ch. 39 transferred this subsection intact to § 5-101(o) from § 5-619(a).

      SPECIAL REVISOR'S NOTE

      In paragraph (1) of this subsection, the former reference to "all" equipment, products, and materials "of any kind" was deleted by Ch. 26 as unnecessary.

      SPECIAL REVISOR'S NOTE

      Also in paragraph (1) of this subsection, the former phrase "but not limited to" was deleted by Ch. 26 as unnecessary. Art. 1, § 30, provides that "includes" is used "by way of illustration and not by way of limitation".

      SPECIAL REVISOR'S NOTE

      In paragraph (2)(xii)6 of this subsection, the reference to a miniature "spoon used for cocaine" was substituted by Ch. 26 for the former reference to miniature "cocaine spoons" for clarity. The Criminal Law Article Review Committee called this substitution to the attention of the General Assembly.

      DEFINED TERMS:

      "Controlled dangerous substance" § 5-101

      "Manufacture" § 5-101

      "Marijuana" § 5-101

      "Produce" § 5-101

      **

• (1) "Manufacture", with respect to a controlled dangerous substance, means to produce, prepare, propagate, compound, convert, or process a controlled dangerous substance: **
  • (i) directly or indirectly by extraction from substances of natural origin; **
  • (ii) independently by chemical synthesis; or **
  • (iii) by a combination of extraction and chemical synthesis. **

• (2) "Manufacture" includes to package and repackage a controlled dangerous substance and label and relabel its containers. **

• (3) "Manufacture" does not include: **
  • (i) to prepare or compound a controlled dangerous substance by an individual for the individual's own use; or **
  • (ii) to prepare, compound, package, or label a controlled dangerous substance: **

    1. by an authorized provider incidental to administering or dispensing a controlled dangerous substance in the course of professional practice; or **

    • 2. if the controlled dangerous substance is not for sale by an authorized provider, or by the authorized provider's agent under the authorized provider's supervision, for or incidental to research, teaching, or chemical analysis.
      SPECIAL REVISOR'S NOTE

      Chapter 26, Acts of 2002, enacted this subsection as § 5-101(o), which was new language derived without substantive change from former Art. 27, § 277(p). However, Ch. 39, Acts of 2002, renumbered this subsection to be § 5-101(p).

      SPECIAL REVISOR'S NOTE

      In paragraph (1) of this subsection, the phrase "with respect to a controlled dangerous substance" was added by Ch. 26 for clarity because the term "manufacture" is used in this title not only in connection with controlled dangerous substances but with other items as well. See, e.g., §§ 5-604(c) ("to manufacture … equipment") and 5-619(d) ("to manufacture … drug paraphernalia"). **

• (1) "Marijuana" means: **
  • (i) all parts of any plant of the genus Cannabis, whether or not the plant is growing; **
  • (ii) the seeds of the plant; **
  • (iii) the resin extracted from the plant; and **
  • (iv) each compound, manufactured product, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. **

• (2) "Marijuana" does not include: **
  • (i) the mature stalks of the plant; **
  • (ii) fiber produced from the mature stalks; **
  • (iii) oil or cake made from the seeds of the plant; **
  • (iv) except for resin, any other compound, manufactured product, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or **
  • (v) the sterilized seed of the plant that is incapable of germination.
    SPECIAL REVISOR'S NOTE

    Chapter 26, Acts of 2002, enacted this subsection as § 5-101(p), which was new language derived without substantive change from former Art. 27, § 277(o). However, Ch. 39, Acts of 2002, renumbered this subsection to be § 5-101(q). **

• (1) "Narcotic drug" means a substance: **
  • (i) that has been found to present an extreme danger to the health and welfare of the community because of addiction-forming and addiction-sustaining qualities; **
  • (ii) that is: **
    • 1. an opiate; **
    • 2. a compound, manufactured substance, salt, derivative, or preparation of opium, coca leaf, or an opiate; or **
    • 3. a substance and any compound, manufactured substance, salt, derivative, or preparation that is chemically identical with a substance listed in items 1 and 2 of this item; and **
  • (iii) that is produced: **
    • 1. directly or indirectly by extraction from substances of vegetable origin; **
    • 2. independently by chemical synthesis; or **

      3. by a combination of extraction and chemical synthesis.**

• (2) "Narcotic drug" includes decocainized coca leaf or an extract of coca leaf that does not contain cocaine or ecgonine.
  SPECIAL REVISOR'S NOTE

  Chapter 26, Acts of 2002, enacted this subsection as § 5-101(q), which was new language derived without substantive change from the introductory language of former Art. 27, § 277(q), (q)(2) and (3) and the first word of (1). However, Ch. 39, Acts of 2002, renumbered this subsection to be § 5-101(r).

  SPECIAL REVISOR'S NOTE

  In paragraph (1)(i) of this subsection, the reference to "qualities" was substituted by Ch. 26 for the former reference to "liabilities" for clarity. **

• (1) "Opiate" means a substance that has an addiction-forming or addiction-sustaining quality similar to morphine or that can be converted into a drug that has this addiction-forming or addiction-sustaining quality. **

• (2) "Opiate" includes: **
  • (i) the racemic and levorotatory forms of an opiate; **
  • (ii) except for seeds, the opium poppy, the plant of the species Papaver somniferum L.; **
  • (iii) the poppy straw consisting of the opium poppy after mowing except the seeds; and **
  • (iv) coca leaf. **

• (3) "Opiate" does not include, unless specifically designated as controlled under § 5-202 of this title, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan).
  SPECIAL REVISOR'S NOTE

  Chapter 26, Acts of 2002, enacted this subsection as § 5-101(s), which was new language derived without substantive change from former Art. 27, § 277(q)(1) except as it defined "coca leaves". However, Ch. 39, Acts of 2002, renumbered this subsection to be § 5-101(t).

  SPECIAL REVISOR'S NOTE

  In paragraph (1) of this subsection, the reference to "quality" was substituted by Ch. 26 for the former reference to "liability" for clarity. **

• (1) "Prescription drug" means a drug that: **
  • (i) is intended to be used by an individual; and **
  • (ii) because of its toxicity, other potentiality for harmful effect, method of use, or collateral measures necessary for its use: **
    • 1. bears a cautionary label warning a person that under federal law the drug may not be dispensed without a prescription; or **
    • 2. is designated by the Department as not safe for use except under the supervision of a person licensed by the State to administer a prescription drug. **

• (2) "Prescription drug" does not include a controlled dangerous substance.
  SPECIAL REVISOR'S NOTE

  Chapter 26, Acts of 2002, enacted this subsection as § 5-101(u), which was new language derived without substantive change from former Art. 27, § 300(a). However, Ch. 39, Acts of 2002, renumbered this subsection to be § 5-101(v).

  SPECIAL REVISOR'S NOTE

  In the introductory language to paragraph (1) of this subsection, the former reference to "includ[ing]" was deleted by Ch. 26 as unnecessary in light of the reference to "mean[ing]".

  SPECIAL REVISOR'S NOTE

  In paragraph (1)(ii)2 of this subsection, the reference to a "person licensed by the State" to administer a prescription drug was substituted by Ch. 26 for the former reference to a "practitioner licensed by law" to administer the drug for clarity.

  SPECIAL REVISOR'S NOTE

  In paragraph (2) of this subsection, the former reference to a controlled dangerous substance "as defined in this subheading" was deleted by Ch. 26 in light of subsection (a) of this section to the same effect.

  SPECIAL REVISOR'S NOTE

  Former Art. 27, § 305(a), which provided that the definition in this subsection applied to former Art. 27, § 305, was deleted by Ch. 26 as unnecessary in light of the reorganization of material relating to prescription drugs in this revision.

  "Person" § 1-101

  **