There is a newer version of this Section
2017 Maryland Code
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 8 - Criminal Procedure
§ 5-805. Inspections
Universal Citation: MD Crim Law Code § 5-805 (2017)
- (a) "Controlled premises" defined. -- In this section, "controlled premises" means:
- (1) a place where a registrant or person exempted from registration requirements under this title is required to keep records; or
- (2) a place, including a factory, warehouse, establishment, or conveyance, where a registrant or person exempted from registration requirements under this title may possess, manufacture, compound, process, sell, deliver, or dispose of a controlled dangerous substance.
- (b) Inspections allowed. -- The Department may make administrative inspections of controlled premises in accordance with this section and designate those who may seize property under this section.
- (c) Inspections in controlled premises. -- An officer or employee designated by the Department may enter controlled premises to conduct an administrative inspection:
- (1) when authorized by an administrative inspection warrant issued under § 5-804 of this subtitle; and
- (2) on presenting the warrant and appropriate credentials to the owner, operator, or agent in charge.
- (d) Inspection rights. -- When authorized by an administrative inspection warrant, an officer or employee designated by the Department may:
- (1) inspect and copy records that must be kept under this title;
- (2) inspect, within reasonable limits and in a reasonable manner:
- (i) controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling in the controlled premises;
- (ii) except as provided in subsection (e) of this section, all other things in the controlled premises, including records, files, papers, processes, controls, and facilities, bearing on violation of this title; and
- (3) inventory stock and obtain samples of a controlled dangerous substance in the controlled premises.
- (e) Warrantless inspections. -- Without a warrant, the Department may inspect books and records in accordance with this title and enter and conduct administrative inspections, including seizures of property:
- (1) with the consent of the owner, operator, or agent in charge of the controlled premises;
- (2) in a situation that presents imminent danger to health or safety;
- (3) in a situation that involves inspection of a conveyance where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
- (4) in any other exceptional or emergency situation in which time or opportunity to apply for a warrant is lacking; and
- (5) in all other situations where a warrant is not legally required.
- (f) Data not available for inspection. -- Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized under this section may not extend to:
- (1) financial data;
- (2) sales data other than shipment data; or
- (3) pricing data.
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