2023 Maryland Statutes
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 4 - Schedules
Section 5-402 - Schedule I
(a) Schedule I consists of each:
(1) controlled dangerous substance analogue, as defined in subsection (b) of this section;
(2) controlled dangerous substance added to Schedule I by the Department under § 5–202(b) of this title; and
(3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.
(b) (1) In this subsection:
(i) “controlled dangerous substance analogue” means a substance:
1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and
2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance described in Schedule I or Schedule II; but
(ii) “controlled dangerous substance analogue” does not include:
1. a controlled dangerous substance;
2. a substance for which there is an approved new drug application; or
3. a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act.
(2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I.
(c) The Department may not add a substance to Schedule I under § 5–202 of this title unless the Department finds:
(1) a high potential for abuse of the substance;
(2) no accepted medical use in the United States for the substance; and
(3) a lack of accepted safety for use of the substance under medical supervision.
