Title 10. Evidence — Subtitle 10. Chain of Custody
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 10-1001 (2026)
Title 10. Evidence
Subtitle 10. Chain of Custody
§ 10–1001LinkCopy Citation
For the purpose of establishing that physical evidence in a criminal or civil proceeding constitutes a particular controlled dangerous substance under Title 5 of the Criminal Law Article, a report signed by the chemist or analyst who performed the test or tests as to its nature is prima facie evidence that the material delivered to the chemist or analyst was properly tested under procedures approved by the Maryland Department of Health, that those procedures are legally reliable, that the material was delivered to the chemist or analyst by the officer or person stated in the report, and that the material was or contained the substance therein stated, without the necessity of the chemist or analyst personally appearing in court, provided the report identifies the chemist or analyst as an individual certified by the Maryland Department of Health, the Department of State Police, the Baltimore City Police Department, or any county police department employing analysts of controlled dangerous substances, as qualified under standards approved by the Maryland Department of Health to analyze those substances, states that the chemist or analyst made an analysis of the material under procedures approved by that department, and also states that the substance, in the opinion of the chemist or analyst, is or contains the particular controlled dangerous substance specified. Nothing in this section precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in or the presumptions raised by the report.
Md. Code Ann., Cts. & Jud. Proc. § 10-1002 (2026)
Title 10. Evidence
Subtitle 10. Chain of Custody
§ 10–1002LinkCopy Citation
(a)
In this part:
(1)
“Chain of custody” means:
(i)
The seizing officer;
(ii)
The packaging officer, if the packaging officer is not also the seizing officer; and
(iii)
The chemist or other person who actually touched the substance and not merely the outer sealed package in which the substance was placed by the law enforcement agency before or during the analysis of the substance; and
(2)
“Chain of custody” does not include a person who handled the substance in any form after analysis of the substance.
(b)
(1)
For the purpose of establishing, in a criminal or civil proceeding, the chain of physical custody or control of evidence consisting of or containing a substance tested or analyzed to determine whether it is a controlled dangerous substance under Title 5 of the Criminal Law Article, a statement signed by each successive person in the chain of custody that the person delivered it to the other person indicated on or about the date stated is prima facie evidence that the person had custody and made the delivery as stated, without the necessity of a personal appearance in court by the person signing the statement.
(2)
The statement shall contain a sufficient description of the material or its container so as to distinguish it as the particular item in question and shall state that the material was delivered in essentially the same condition as received.
(3)
The statement may be placed on the same document as the report provided for in § 10-1001 of this part.
(4)
Nothing in this section precludes the right of any party to introduce any evidence supporting or contradicting the evidence contained in or the presumption raised by the statement.
Md. Code Ann., Cts. & Jud. Proc. § 10-1003 (2026)
Title 10. Evidence
Subtitle 10. Chain of Custody
§ 10–1003LinkCopy Citation
(a)
(1)
In a criminal proceeding, the prosecution shall, upon written demand of a defendant filed in the proceedings at least 5 days prior to a trial in the proceeding, require the presence of the chemist, analyst, or any person in the chain of custody as a prosecution witness.
(2)
The provisions of §§ 10-1001 and 10-1002 of this part concerning prima facie evidence do not apply to the testimony of that witness.
(3)
The provisions of §§ 10-1001 and 10-1002 of this part are applicable in a criminal proceeding only when a copy of the report or statement to be introduced is mailed, delivered, or made available to counsel for the defendant or to the defendant personally when the defendant is not represented by counsel, at least 10 days prior to the introduction of the report or statement at trial.
(b)
Nothing contained in this part shall prevent the defendant from summoning a witness mentioned in this part as a witness for the defense.
Md. Code Ann., Cts. & Jud. Proc. § 10-1004 (2026)
Title 10. Evidence
Subtitle 10. Chain of Custody
§ 10–1004LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Medical examiner’s case” has the meaning stated in § 5–301(c) of the Health – General Article.
(3)
“Mortician” has the meaning stated in § 7–101(s) of the Health Occupations Article.
(b)
(1)
In a criminal proceeding for a death which is a medical examiner’s case, the chain of physical custody and control may be established by a signed statement by the mortician, or the mortician’s agent, servant, or employee, who transported the body to the medical examiner’s office, without the necessity of the personal appearance in court by the person who signed the statement.
(2)
The statement shall contain:
(i)
A description of the initial condition of the body when it was taken into custody by the mortician or the mortician’s agent, servant, or employee;
(ii)
A statement that the body was delivered to the medical examiner on a certain date on or about a certain time; and
(iii)
A statement that the body was in essentially the same condition when delivered to the medical examiner as when it was taken into custody.
(3)
A statement is prima facie evidence of the facts stated.
(c)
(1)
If the State intends to offer the statement without the testimony of the mortician, or the mortician’s agent, servant, or employee, the State shall, at least 25 days before trial, give the defendant or the defendant’s attorney notice of its intention and deliver a copy of the statement.
(2)
If the defendant desires that the mortician or the mortician’s agent, servant, or employee, be present and testify at trial, the defendant shall notify the State at least 15 days before trial. If a timely notice is given, the statement is inadmissible without the testimony of the mortician, or the mortician’s agent, servant, or employee.
(d)
Nothing in this section precludes the right of a party to introduce any evidence supporting or contradicting the evidence contained in the statement.