2018 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

  • (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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