2018 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 4 - Schedules
§ 5-406. Schedule V

  • (a) In general. -- Schedule V consists of each controlled dangerous substance:

    • (1) listed in this section;

    • (2) added to Schedule V by the Department under § 5-202(b) of this title; or

    • (3) designated as a Schedule V controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

  • (b) Core substances. -- A substance is listed in Schedule V if the substance includes a compound, mixture, or preparation that contains the following narcotic drugs or their salts:

    • (1)

      • (i) not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

      • (ii) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

      • (iii) not more than 50 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

      • (iv) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

      • (v) brivaracetam;

      • (vi) difenoxin preparations 0.5mg/25ug ATSO4/DU (MOTOFEN);

      • (vii) ezogabine (potiga);

      • (viii) lacosamide (vimpat);

      • (ix) pregabalin (lyrica); or

      • (x) pyrovalerone; and

    • (2) nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone.

  • (c) Required factors for adding substance. -- The Department may not add a substance to Schedule V under § 5-202 of this title unless the Department finds:

    • (1) the substance has a low potential for abuse relative to the substances listed in Schedule IV;

    • (2) the substance has currently accepted medical use in the United States; and

    • (3) abuse of the substance may lead to limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.

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