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2017 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 2 - Powers and Responsibilities of Department
§ 5-202. Control of substances
Universal Citation: MD Crim Law Code § 5-202 (2017)
- (a) In general. -- The Department shall control all substances listed in Subtitle 4 of this title.
- (b) Additional substances. -- In accordance with the Administrative Procedure Act, the Department may add a substance as a controlled dangerous substance on its own initiative or on the petition of an interested party.
- (c) Factors for consideration. -- 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.
- (d) Findings and order. -- 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.
- (e) Precursors. -- 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.
- (f) Objection to inclusion. --
- (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.
- (g) Schedule update and republication. -- The Department annually shall update and republish a schedule.
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