2020 Maryland Statutes
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 4 - Schedules
Section 5-406 - Schedule V

    (a)    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)    Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:

        (1)    reserved; and

        (2)    reserved.

    (c)    Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:

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

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

        (3)    not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

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

        (5)    difenoxin preparations 0.5mg/25ug ATSO4/DU (MOTOFEN).

    (d)    Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

        (1)    pyrovalerone; and

        (2)    reserved.

    (e)    Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:

        (1)    brivaracetam ((2S)–2–[(4R)–2–oxo–4–propylpyrrolidin–1–yl] butanamide) (Briviact);

        (2)    ezogabine [N–[2–amino–4–(4–fluorobenzylamino)–phenyl]–carbamic acid ethyl ester] (Potiga);

        (3)    lacosamide [(R)–2–acetoamido–N–benzyl–3–methoxy–propionamide] (Vimpat); and

        (4)    pregabalin [(S)–3–(aminomethyl)–5–methylhexanoic acid] (Lyrica).

    (f)    A drug product in finished dosage formulation that has been approved by the United States Food and Drug Administration that contains cannabidiol (2–[1R–3–methyl–6R–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol) derived from cannabis and no more than 0.1% (w/w) residual tetrahydrocannabinols.

    (g)    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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