2017 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia
Part III - Related and Derivative Crimes
§ 5-618. Possession or purchase of noncontrolled substance

  • (a) Prohibited. -- 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.
  • (b) Considerations. -- 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.
  • (c) Reasonable belief not a defense. -- 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.
  • (d) Penalty. -- 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.
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