2021 Maryland Statutes
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 4 - Schedules
Section 5-403 - Schedule Ii
(a) Schedule II consists of each controlled dangerous substance:
(1) listed in this section;
(2) added to Schedule II by the Department under § 5–202(b) of this title; or
(3) designated as a Schedule II 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 of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate excluding apomorphine, thebaine–derived butorphanol, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, and naltrexone, and their respective salts, but including the following:
(i) codeine;
(ii) dihydroetorphine;
(iii) ethylmorphine;
(iv) etorphine hydrochloride;
(v) granulated opium;
(vi) hydrocodone;
(vii) hydromorphone;
(viii) metopon;
(ix) morphine;
(x) opium extracts;
(xi) opium fluid;
(xii) oripavine;
(xiii) oxycodone;
(xiv) oxymorphone;
(xv) powdered opium;
(xvi) raw opium;
(xvii) thebaine; and
(xviii) tincture of opium;
(2) any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in item (1) of this subsection, except that these substances may not include the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances may not include:
(i) decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or
(ii) ioflupane; and
(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).
(c) Unless specifically excepted or unless in another schedule any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (non–dosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) diphenoxylate;
(9) fentanyl;
(10) isomethadone;
(11) levo–alphacetylmethadol;
(12) levomethorphan;
(13) levorphanol;
(14) metazocine;
(15) methadone;
(16) methadone – intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl butane;
(17) moramide – intermediate, 2–methyl–3– morpholino–1, 1–diphenylpropane–carboxylic acid;
(18) pethidine (meperidine);
(19) pethidine – intermediate – A, 4–cyano–1–methyl–4–phenylpiperidine;
(20) pethidine – intermediate – B, ethyl–4–phenylpiperidine–4–carboxylate;
(21) pethidine – intermediate – C, 1–methyl–4–phenylpiperidine–4–carboxylic acid;
(22) phenazocine;
(23) piminodine;
(24) racemethorphan;
(25) racemorphan;
(26) remifentanil;
(27) sulfentanil;
(28) tapentadol; and
(29) thiafentanil.
(d) Unless specifically excepted under this subtitle or listed in another schedule, a substance is listed in Schedule II if the substance includes a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) methamphetamine, its salts, isomer, and salts of isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate; and
(5) lisdexamfetamine, its salts, isomers, and salts of isomers.
(e) Unless specifically excepted under this subtitle or listed in another schedule, a substance is listed in Schedule II if the substance includes a 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, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) amobarbital;
(2) glutethimide;
(3) pentobarbital;
(4) phencyclidine; and
(5) secobarbital.
(f) As listed in Schedule II under Title 21 of the Code of Federal Regulations:
(1) nabilone; and
(2) dronabinol [(–)–delta–9–trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the United States Food and Drug Administration.
(g) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
(1) immediate precursor to amphetamine and methamphetamine:
(i) phenylacetone; and
(ii) reserved;
(2) immediate precursors to phencyclidine (PCP):
(i) 1–phenylcyclohexylamine; and
(ii) 1–piperidinocyclohexanecarbonitrile (PCC); and
(3) immediate precursor to fentanyl:
(i) 4–anilino–N–phenethylpiperidine (ANPP); and
(ii) reserved.
(h) The Department may not add a substance to Schedule II under § 5–202 of this title unless the Department finds:
(1) a high potential for abuse of the substance;
(2) currently accepted medical use of the substance in the United States, or currently accepted medical use with severe restrictions; and
(3) evidence that abuse of the substance may lead to severe psychological or physical dependence.
