Md. Code, Crim. Law § 5-402

Current with changes from the 2024 legislative session from Chs. 2 through 1049, effective on or before 6/1/2024
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.

Md. Code, CR § 5-402

Amended by 2022 Md. Laws, Ch. 286, Sec. 1, eff. 6/1/2022.
Amended by 2022 Md. Laws, Ch. 285, Sec. 1, eff. 6/1/2022.
Amended by 2020 Md. Laws, Ch. 298, Sec. 1, eff. 10/1/2020.
Amended by 2018 Md. Laws, Ch. 212, Sec. 1, eff. 10/1/2018.
Amended by 2013 Md. Laws, Ch. 442, Sec. 2, eff. 10/1/2013.