Subtitle 17 – Drugs - Paraphernalia
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 19, § 17-1 (2026)
§ 17-1 Definitions.LinkCopy Citation
(a)In general.
In this subtitle, the following terms have the meanings indicated.
(b)Controlled dangerous substance.
“Controlled dangerous substance” has the meaning stated in § 5-101 of the State Criminal Law Article.
(c)Deliver.
“Deliver” means to make an actual, constructive, or attempted transfer or exchange from one person to another, whether or not remuneration is paid or an agency relationship exists.
(d)Possess.
“Possess” means to exercise actual or constructive dominion or control over a thing by one or more persons.
History: Ord. 03-620
History: Ord. 22-125
Balt., Md., Code art. 19, § 17-2 (2026)
§ 17-2 Use or possession prohibited.LinkCopy Citation
A person may not use or possess with intent to use any of the following to manufacture, process, prepare, package, repackage, store, contain, or conceal or to ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the Maryland Controlled Dangerous Substances Act:
(1)
any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or
(2)
any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device that is desig<em>ned </em>or intended for use in smoking or otherwise inhaling a controlled dangerous substance.
History: Ord. 92-129
History: Ord. 03-620
Balt., Md., Code art. 19, § 17-3 (2026)
§ 17-3 Sale or delivery prohibited – In general.LinkCopy Citation
A person may not sell or deliver or possess with the intent to sell or deliver any of the following knowing or under circumstances where one reasonably should know that it will be used to manufacture, process, prepare, package, repackage, store, contain, or conceal or to ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the Maryland Controlled Dangerous Substances Act:
(1)
any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or
(2)
any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device that is designed or intended for use in smoking or otherwise inhaling a controlled dangerous substance.
History: Ord. 92-129
History: Ord. 03-620
Balt., Md., Code art. 19, § 17-4 (2026)
§ 17-4 Sale or delivery prohibited – Minors.LinkCopy Citation
(a)In general.
A person who is 18 years old or older may not sell or deliver an object prohibited by this subtitle to a minor who is at least 3 years younger than that person.
(b)Violation a separate offense.
A violation of this section is punishable as a separate offense.
History: Ord. 03-620
Balt., Md., Code art. 19, § 17-5 (2026)
§ 17-5 Advertising prohibited.LinkCopy Citation
A person may not advertise in any newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, knowing or under circumstances where one should reasonably know that the purpose of the advertisement, in whole or in part, is to promote the use, sale, or delivery of any object prohibited by this subtitle.
History: Ord. 92-129
History: Ord. 03-620
Balt., Md., Code art. 19, § 17-6 (2026)
§ 17-6 Relevant factors.LinkCopy Citation
(a)In general.
To determine whether the use, possession, sale, or delivery of an object is prohibited by §§ 17-2 through 17-5 of this subtitle, a court should consider, among other logically relevant factors:
(1)
any statement by an owner or a person in control of the object concerning its use;
(2)
any prior conviction of an owner or a person in control of the object under a state or federal law relating to controlled dangerous substances;
(3)
the proximity of the object, in time and space, to a direct violation of this subtitle or to a controlled dangerous substance;
(4)
any residue of a controlled dangerous substance on the object;
(5)
direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who the owner or person in control knows or should reasonably know, intends to use the object to facilitate a violation of <em>{the} </em>Maryland Controlled Dangerous Substances Act;
(6)
any instructions, oral or written, provided with the object concerning its use;
(7)
any descriptive materials accompanying the object that explain or depict its use;
(8)
national or local advertising concerning the object’s use;
(9)
the manner in which the object is displayed for sale;
(10)
whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or a legitimate supplier of related items to the community;
(11)
direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12)
the existence and scope of legitimate uses for the object in the community;
(13)
expert testimony concerning the object’s use; and
(14)
any other verifiable information that indicates that the object is intended or designed for use in violation of law.
(b)Innocence of owner not dispositive.
The innocence of an owner or person in control of the object as to a direct violation of this subtitle does not prevent a finding that the object is intended or designed for use in violation of this subtitle or the Maryland Controlled Dangerous Substances Act.
History: Ord. 92-129
History: Ord. 03-620
History: Ord. 15-365
Balt., Md., Code art. 19, § 17-7 (2026)
§ 17-7 Commercial display to minors prohibited.LinkCopy Citation
(a)Placement in windows prohibited.
A person may not place any of the following in a window of a commercial establishment:
(1)
any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or
(2)
any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device, including cigarette rolling paper, that is:
(i)
designed or intended for smoking any substance; and
(ii)
capable of use in smoking or otherwise inhaling a controlled dangerous substance.
(b)Required placement in establishments open to minors.
In any commercial establishment open to minors, any of the following available for sale must be placed behind a sales counter and be inaccessible to minors:
(1)
any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or
(2)
any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device, including cigarette rolling paper, that is:
(i)
designed or intended for smoking any substance; and
(ii)
capable of use in smoking or otherwise inhaling a controlled dangerous substance.
History: Ord. 15-365
Balt., Md., Code art. 19, § 17-8 to 17-9 (2026)
§§ 17-8 to 17-9LinkCopy Citation
Reserved
Balt., Md., Code art. 19, § 17-10 (2026)
§ 17-10 Penalties.LinkCopy Citation
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 or imprisonment for 1 year or both fine and imprisonment.
History: Ord. 92-129
History: Ord. 03-620