Criminal Law (GCR) — Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances

“Agent” means an employee or other authorized person who acts for or at the direction of a manufacturer, distributor, or authorized provider.

“Agent” does not include:

“Authorized provider” means:

“Authorized provider” includes:

“Cannabimimetic agents” means substances that are cannabinoid receptor type 1 (CB1 receptor) agonists as demonstrated by binding studies and functional assays within one of the following structural classes:

“Cannabimimetic agents” includes:

“Cannabis” means the plant Cannabis sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis.

“Cannabis” does not include hemp as defined in § 14–101 of the Agriculture Article.

an amount of usable cannabis that exceeds 1.5 ounces but does not exceed 2.5 ounces;

an amount of concentrated cannabis that exceeds 12 grams but does not exceed 20 grams; or

an amount of cannabis products containing delta–9–tetrahydrocannabinol that exceeds 750 milligrams but does not exceed 1,250 milligrams.

“Coca leaf” includes a leaf containing cocaine, the optical and geometric isomers of cocaine, and any compound, manufactured substance, salt, derivative, mixture, or preparation of a coca leaf.

“Coca leaf” does not include a derivative of a coca leaf that does not contain cocaine, ecgonine, or a substance from which cocaine or ecgonine may be synthesized or made.

“Controlled dangerous substance” means:

“Controlled dangerous substance” does not include distilled spirits, wine, malt beverages, or tobacco.

a hypodermic syringe, needle, or any other object or combination of objects adapted to administer a controlled dangerous substance by hypodermic injection;

a gelatin capsule, glassine envelope, or other container suitable for packaging individual quantities of a controlled dangerous substance; or

lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine hydrochloride, or any other substance suitable as a diluent or adulterant.

a depressant or stimulant effect on the central nervous system; or

a hallucinogenic effect.

“Dispense” means to deliver to the ultimate user or the human research subject by or in accordance with the lawful order of an authorized provider.

“Dispense” includes to prescribe, administer, package, label, or compound a substance for delivery.

“Drug” means:

“Drug” does not include a device or an accessory, part, or component of a device.

is using a controlled dangerous substance; and

is in a state of psychological or physical dependence, or both, that:

“Drug paraphernalia” means equipment, a product, or material that is used, intended for use, or designed for use, in:

“Drug paraphernalia” includes:

is generated on an electronic application and transmitted as an electronic data file; and

if the prescription is for a controlled dangerous substance, complies with the requirements of 21 C.F.R. Part 1306.

“Manufacture”, with respect to a controlled dangerous substance, means to produce, prepare, propagate, compound, convert, or process a controlled dangerous substance:

“Manufacture” includes to package and repackage a controlled dangerous substance and label and relabel its containers.

“Manufacture” does not include:

“Narcotic drug” means a substance:

“Narcotic drug” includes decocainized coca leaf or an extract of coca leaf that does not contain cocaine or ecgonine.

“Opiate” means a substance that has an addiction–forming or addiction–sustaining quality similar to morphine or that can be converted into a drug that has this addiction–forming or addiction–sustaining quality.

“Opiate” includes:

“Opiate” does not include, unless specifically designated as controlled under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan and its salts (dextromethorphan).

an amount of usable cannabis that does not exceed 1.5 ounces;

an amount of concentrated cannabis that does not exceed 12 grams;

an amount of cannabis products containing delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or

two or fewer cannabis plants.

“Prescription drug” means a drug that:

“Prescription drug” does not include a controlled dangerous substance.

many of the substances listed in this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the State; but

the illegal manufacture, distribution, possession, and administration of controlled dangerous substances have a substantial and detrimental effect on the health and general welfare of the people of the State.

The purpose of this title is to establish a uniform law to control the manufacture, distribution, possession, and administration of controlled dangerous substances and related paraphernalia to:

This title shall be liberally construed to accomplish this purpose.

Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug:

A sale is exempt from this title only if a record of the sale:

the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities;

the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or

a drug that on June 1, 1961, could be sold without a prescription.

enforce the provisions of this title that are not specifically delegated; and

cooperate with each unit that enforces any federal, state, or local law relating to controlled dangerous substances.

arrange for the exchange of information between governmental officials concerning the use and abuse of dangerous substances;

coordinate and cooperate in training programs on dangerous substance law enforcement at the local and State levels;

eradicate wild or unlawfully grown plants from which controlled dangerous substances may be extracted; and

cooperate with the federal Drug Enforcement Administration by establishing a centralized unit that will:

the actual or relative potential for abuse of the substance;

if known, scientific evidence of the pharmacological effect of the substance;

the state of current scientific knowledge regarding the substance;

the history and current pattern of abuse of the substance;

the scope, duration, and significance of abuse of the substance;

any risk that the substance poses to the public health;

the ability of the substance to cause psychological or physiological dependence; and

whether the substance is an immediate precursor of a controlled dangerous substance.

make findings with respect to those factors; and

issue an order to control the substance if the Department finds that the substance has a potential for abuse.

A new substance that is designated as a controlled substance under federal law is a similarly controlled dangerous substance under this title unless the Department objects to the inclusion.

If the Department objects, it shall publish the reasons for the objection and give each interested party an opportunity to be heard.

After the hearing, the Department shall publish its decision, which is final.

An action for judicial review of a final decision made in accordance with this section does not stay the effect of the decision.

Except as otherwise provided in this section, a person shall be registered by the Department before the person manufactures, distributes, or dispenses a controlled dangerous substance in the State or transports a controlled dangerous substance into the State.

The Department shall adopt regulations to carry out this subsection.

An authorized provider applying for a registration to dispense a controlled dangerous substance under this section and who will prescribe or dispense controlled dangerous substances under that registration shall attest on the registration form to the Department that the authorized provider has completed 2 hours of continuing education.

An authorized provider shall make the attestation required under paragraph (1) of this subsection:

The continuing education required under paragraph (1) of this subsection shall be:

possess, manufacture, distribute, or dispense controlled dangerous substances; and

perform any activity listed in item (1) of this subsection to conduct research.

an agent or agent’s employee of a registered manufacturer, distributor, or dispenser of a controlled dangerous substance;

a common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman; or

an ultimate user or person in possession of a controlled dangerous substance acting in good faith in accordance with a lawful order of an authorized provider.

the maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or Schedule II substance compounded from a controlled dangerous substance into other than legitimate medical, scientific, or industrial channels;

compliance with applicable federal, State, and local law;

any convictions of the applicant under federal, State, and local laws relating to the manufacture, distribution, or dispensing of controlled dangerous substances;

the applicant’s experience in the manufacture and distribution of controlled dangerous substances and the effectiveness of the applicant’s controls against diversion; and

any other factor that is relevant to and consistent with public health and safety.

A registrant may manufacture or distribute only a controlled dangerous substance that is specified in the registration.

A manufacturer or distributor who complies with federal law on registration, other than fees, is deemed to have complied with this section.

A registrant may distribute controlled dangerous substances in Schedule I and Schedule II only in accordance with an order form.

A registrant who complies with federal law on order forms for Schedule I and Schedule II is deemed to have complied with this subsection.

A registrant distributor shall report to the Department and the Office of the Attorney General any suspicious order of controlled dangerous substances, including an order:

A registrant distributor may satisfy the reporting requirement under paragraph (1) of this subsection by providing to the Department and the Office of the Attorney General copies of reports made under 21 C.F.R. § 1301.74(b).

Unless disclosed in the course of an administrative, civil, or criminal investigation or proceeding initiated to enforce local, State, or federal law or to protect the public health, a report made under paragraph (1) of this subsection shall be maintained confidentially.

engaged in research with a nonnarcotic controlled dangerous substance in Schedule II through Schedule V; and

already registered under this subtitle in another capacity.

A registrant shall make a complete and accurate record of all stocks of controlled dangerous substances on hand every 2 years during the regular fiscal inventory.

The registrant shall keep the record for 2 years.

has materially falsified an application filed in accordance with or required by this title;

has been convicted of a crime under federal law or the law of any state relating to a controlled dangerous substance;

has surrendered federal registration or had federal registration suspended or revoked and may no longer manufacture, distribute, or dispense a controlled dangerous substance;

has violated this title; or

has failed to meet the requirements for registration under this title.

Before the Department takes action under § 5-307 of this subtitle, the Department shall serve on the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or its renewal refused.

The order to show cause shall:

If the Department proposes to deny a renewal of registration, the order to show cause shall be served at least 30 days before the registration expires.

The proceedings under this section shall be independent of and not instead of any criminal prosecution or other proceeding under State law.

Except as provided in subsection (d) of this section, an existing registration:

The Department may suspend a registration simultaneously with the institution of proceedings under this section if the Department finds that an imminent danger exists to public health or safety.

The suspension shall continue until the earliest of:

it is lysergic acid diethylamide; or

it contains any quantity of:

controlled dangerous substance analogue, as defined in subsection (b) of this section;

controlled dangerous substance added to Schedule I by the Department under § 5–202(b) of this title; and

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.

In this subsection:

To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I.

a high potential for abuse of the substance;

no accepted medical use in the United States for the substance; and

a lack of accepted safety for use of the substance under medical supervision.

added to Schedule II by the Department under § 5–202(b) of this title; or

designated as a Schedule II controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

a high potential for abuse of the substance;

currently accepted medical use of the substance in the United States, or currently accepted medical use with severe restrictions; and

evidence that abuse of the substance may lead to severe psychological or physical dependence.

added to Schedule III by the Department under § 5–202(b) of this title; or

designated as a Schedule III controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

a potential for abuse of the substance that is less than that for the substances listed in Schedule I and Schedule II;

well documented and approved medical use of the substance in the United States; and

evidence that abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

added to Schedule IV by the Department under § 5–202(b) of this title; or

designated as a Schedule IV controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

the substance has a low potential for abuse relative to the substances listed in Schedule III;

the substance has currently accepted medical use in treatment in the United States; and

abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

added to Schedule V by the Department under § 5–202(b) of this title; or

designated as a Schedule V controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

the substance has a low potential for abuse relative to the substances listed in Schedule IV;

the substance has currently accepted medical use in the United States; and

abuse of the substance may lead to limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.

listed in Schedule II; and

a drug to which § 21–220 of the Health – General Article applies.

an authorized provider who:

a pharmacist if:

codeine; and

a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium.

Except on a valid prescription of an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not dispense, give, or sell a preparation containing opium or any of its derivatives.

This subsection does not apply to:

Except on a prescription from an authorized prescriber as defined in § 12-101 of the Health Occupations Article, a person may not possess or control a preparation containing opium or its derivatives.

A person may possess or control a preparation containing opium or its derivatives if the possession or control is in the regular course of lawful business, occupation, profession, employment, or duty of the person.

for a first violation, a fine not exceeding $1,000;

for a second violation, a fine not exceeding $2,000; or

for each subsequent violation, imprisonment not exceeding 18 months.

filled or refilled more than 6 months after the date of prescription; or

refilled more than five times.

the dispenser’s name, signature, and registry number;

the date on which the controlled dangerous substance is dispensed; and

the purchaser’s name.

possess or administer to another a controlled dangerous substance, unless:

obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:

Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:

The smoking of cannabis in a public place is a civil offense punishable by:

operating a vehicle or vessel while under the influence of or while impaired by a controlled dangerous substance; or

seizure and forfeiture.

On receiving an order under paragraph (1) of this subsection, the Maryland Department of Health, or the designee, shall conduct an assessment of the defendant for substance use disorder and provide the results to the court, the defendant or the defendant’s attorney, and the State identifying the defendant’s drug treatment needs.

The court shall consider the results of an assessment performed under paragraph (2) of this subsection when imposing the defendant’s sentence and:

A violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is a civil offense.

Adjudication of a violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis:

A citation issued for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis shall be signed by the police officer who issues the citation and shall contain:

If a citation for a violation of § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis is issued to a person under the age of 21 years, the court shall summon the person for trial.

The Chief Judge of the District Court shall establish a schedule for the prepayment of the fine.

Prepayment of a fine shall be considered a plea of guilty to a Code violation.

A person described in subsection (c)(2) of this section may not prepay the fine.

A person may request a trial by sending a request for trial to the District Court in the jurisdiction where the citation was issued within 30 days of the issuance of the citation.

If a person other than a person described in subsection (c)(2) of this section does not request a trial or prepay the fine within 30 days of the issuance of the citation, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.

The failure of a defendant to respond to a summons described in subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure Article.

If a person at least 21 years old fails to appear after having requested a trial, the court may impose the maximum fine and costs against the person and find the person is guilty of a Code violation.

the State has the burden to prove the guilt of the defendant by a preponderance of the evidence;

the court shall apply the evidentiary standards as prescribed by law or rule for the trial of a criminal case;

the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so;

the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and

the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

The defendant is liable for the costs of the proceedings in the District Court.

The court costs in a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in which costs are imposed are $5.

The State’s Attorney for any county may prosecute a Code violation under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis in the same manner as prosecution of a violation of the criminal laws of the State.

In a Code violation case under § 5–601 of this part involving the use or possession of the civil use amount of cannabis or the personal use amount of cannabis, the State’s Attorney may:

the defendant has prepaid the fine;

the defendant has pled guilty to or been found guilty of the Code violation and has fully paid the fine and costs imposed for the violation;

the defendant has received a probation before judgment and has fully paid the fine and completed any terms imposed by the court;

the case has been removed from the stet docket after the defendant fully paid the fine and completed any terms imposed by the court;

the State has entered a nolle prosequi;

the defendant has been found not guilty of the charge; or

the charge has been dismissed.

In this subsection, “reasonable precautions” includes cultivating cannabis in an enclosed locked space to which persons under the age of 21 years do not possess a key.

A person who cultivates cannabis shall take reasonable precautions to ensure the plants are secure from unauthorized access and access by a person under the age of 21 years.

A person may not cultivate more than two cannabis plants.

If two or more persons at least 21 years old reside at the same residence, no more than two cannabis plants may be cultivated at that residence.

distribute or dispense a controlled dangerous substance; or

possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

Except as otherwise provided in this title, a person may not possess cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense cannabis.

Possession of the civil use amount of cannabis or the personal use amount of cannabis without other evidence of an intent to distribute or dispense does not constitute a violation of paragraph (1) of this subsection.

This section does not prohibit, and no civil or criminal penalty may be imposed for, adult sharing of the personal use amount of cannabis.

A person who is at least 21 years old may manufacture a personal use amount of cannabis products or concentrated cannabis for personal use or adult sharing at a private residence if the manufacturing process does not involve the use of a volatile solvent.

without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the actual manufacturer, distributor, or dispenser; and

thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser.

create or distribute a counterfeit substance; or

possess a counterfeit substance with intent to distribute it.

resorted to by individuals for the purpose of administering illegally controlled dangerous substances; or

where controlled dangerous substances or controlled paraphernalia are manufactured, distributed, dispensed, stored, or concealed illegally.

Except as provided in paragraph (2) of this subsection and §§ 5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.

A person who violates § 5–602(b)(1) or § 5–603(b) of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

under subsection (a) of this section or § 5–609 of this subtitle;

of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle; or

of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State.

A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously:

A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.

under subsection (a) of this section or § 5–609 of this subtitle;

of conspiracy to commit a crime included in subsection (a) of this section or § 5–609 of this subtitle;

of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–609 of this subtitle if committed in this State; or

of any combination of these crimes.

a mixture that contains heroin and a detectable amount of fentanyl or any analogue of fentanyl; or

fentanyl or any analogue of fentanyl.

phencyclidine;

1–(1–phenylcyclohexyl) piperidine;

1–phenylcyclohexylamine;

1–piperidinocyclohexanecarbonitrile;

N–ethyl–1–phenylcyclohexylamine;

1–(1–phenylcyclohexyl)–pyrrolidine;

1–(1–(2–thienyl)–cyclohexyl)–piperidine;

lysergic acid diethylamide; or

750 grams or more of 3, 4–methylenedioxymethamphetamine (MDMA).

under subsection (a) of this section or § 5–608 of this subtitle;

of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

of any combination of these crimes.

A person who is convicted under subsection (a) of this section or of conspiracy to commit a crime included in subsection (a) of this section is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both if the person previously:

A separate occasion is one in which the second or succeeding crime is committed after there has been a charging document filed for the preceding crime.

under subsection (a) of this section or § 5–608 of this subtitle;

of conspiracy to commit a crime included in subsection (a) of this section or § 5–608 of this subtitle;

of a crime under the laws of another state or the United States that would be a crime included in subsection (a) of this section or § 5–608 of this subtitle if committed in this State; or

of any combination of these crimes.

retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and

the mandatory minimum sentence is necessary for the protection of the public.

Except as provided in paragraph (2) of this subsection, an application for a hearing under subsection (a) of this section shall be submitted to the court or review panel on or before September 30, 2018.

The court may consider an application after September 30, 2018, only for good cause shown.

The court shall notify the State’s Attorney of a request for a hearing.

A person may not file more than one application for a hearing under subsection (a) of this section for a mandatory minimum sentence for a violation of §§ 5–602 through 5–606 of this subtitle.

50 pounds or more of cannabis;

448 grams or more of cocaine;

448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of cocaine;

448 grams or more of cocaine base, commonly known as “crack”;

28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;

5 grams or more of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;

28 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of fentanyl or any structural variation of fentanyl that is scheduled by the United States Drug Enforcement Administration;

1,000 dosage units or more of lysergic acid diethylamide;

any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;

16 ounces or more of phencyclidine in liquid form;

448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of phencyclidine;

448 grams or more of methamphetamine; or

448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of methamphetamine.

A person who violates subsection (a)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $50,000 or both.

retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and

the mandatory minimum sentence is necessary for the protection of the public.

Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026.

The court may consider an application filed after September 30, 2026, only for good cause shown.

The court shall notify the State’s Attorney of the filing of an application.

A person may not file more than one application under subsection (a) of this section for a mandatory minimum sentence for a violation of § 5–612 of this subtitle involving less than 448 grams of cocaine base.

The court shall hold a hearing on an application filed under subsection (a) of this section.

A court may not suspend any part of the mandatory minimum sentence of 20 years.

The person is not eligible for parole during the mandatory minimum sentence.

A drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State cannabis in an amount listed in § 5–612(a)(1) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $100,000 or both.

prohibit a court from imposing an enhanced penalty under § 5–905 of this title; or

preclude or limit a prosecution for any other crime.

retention of the mandatory minimum sentence would not result in substantial injustice to the defendant; and

the mandatory minimum sentence is necessary for the protection of the public.

Except as provided in paragraph (2) of this subsection, an application under subsection (a) of this section shall be filed with the court or review panel on or before September 30, 2026.

The court may consider an application filed after September 30, 2026, only for good cause shown.

The court shall notify the State’s Attorney of the filing of an application.

The court shall hold a hearing on an application filed under subsection (a) of this section.

If the court denies the motion, the person may file one subsequent motion under this section not earlier than 3 years after the denial of the first motion.

Unless authorized by law to possess the substance, a person may not bring into the State:

A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 or both.

Unless authorized by law to possess the cannabis, a person may not bring into the State more than 5 kilograms but less than 45 kilograms of cannabis.

A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

that the person represents as a controlled dangerous substance;

that the person intends for use or distribution as a controlled dangerous substance; or

under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled dangerous substance.

whether the noncontrolled substance was packaged in a manner normally used to distribute a controlled dangerous substance illegally;

whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of consideration was substantially greater than the reasonable value of the noncontrolled substance; and

whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.

whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;

if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and

whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.

any statement by an owner or a person in control of the object concerning its use;

any prior conviction of an owner or a person in control of the object under a State or federal law relating to a controlled dangerous substance;

the proximity of the object, in time and space, to a direct violation of this section or to a controlled dangerous substance;

a residue of a controlled dangerous substance on the object;

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 the person knows or should reasonably know, intends to use the object to facilitate a violation of this section;

any instructions, oral or written, provided with the object concerning its use;

any descriptive materials accompanying the object that explain or depict its use;

national and local advertising concerning use of the object;

the manner in which the object is displayed for sale;

whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or other legitimate supplier of related items to the community;

direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

the existence and scope of legitimate uses for the object in the community; and

expert testimony concerning use of the object.

Unless authorized under this title, a person may not use or possess with intent to use drug paraphernalia to:

A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:

A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating subsection (d)(4) of this section is subject to the penalty specified under paragraph (2)(ii) of this subsection.

Unless authorized under this title, a person may not deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that the drug paraphernalia will be used to:

A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:

A person who is convicted of violating this subsection for the first time and who previously has been convicted of violating paragraph (4) of this subsection is subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both.

If a person who is at least 18 years old violates paragraph (1) of this subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both.

A person may not advertise in a newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, or by sound truck, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, wholly or partly, is to promote the sale or delivery of drug paraphernalia.

A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:

obtain or attempt to obtain controlled paraphernalia by:

possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.

a scale;

a sieve;

a strainer;

a measuring spoon;

staples;

a stapler;

a glassine envelope;

a gelatin capsule;

procaine hydrochloride;

mannitol;

lactose;

quinine; and

a controlled dangerous substance.

for a first violation, a fine not exceeding $500; and

for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

In this section the following words have the meanings indicated.

“Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5–602 through 5–609 and 5–614 of this subtitle.

“Forfeiting authority” means the office or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture.

possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or

use, wear, carry, or transport a firearm.

In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to:

A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is:

A firearm or ammunition seized under this section is contraband and shall be forfeited summarily to a forfeiting authority.

Unless otherwise prohibited by law or if forfeiture proceedings have begun, the forfeiting authority shall return the seized property to the owner or possessor within 90 days after the date of seizure if:

Unless otherwise prohibited by law, the forfeiting authority shall return the seized property to the owner or possessor promptly if the State:

a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those words are defined in § 4-201 of this article;

a machine gun, as defined in § 4-401 of this article; and

a regulated firearm, as defined in § 5-101 of the Public Safety Article.

a felony under this title;

a crime under the laws of another state or of the United States that would be a felony under this title if committed in this State;

conspiracy to commit a crime referred to in items (1) and (2) of this subsection; or

an attempt to commit a crime referred to in items (1) and (2) of this subsection.

In this section the following words have the meanings indicated.

“Drug crime” means:

“Financial transaction” means:

“Monetary instrument” means:

“Proceeds” means money or any other property with a value exceeding $10,000.

receive or acquire proceeds knowing that the proceeds are derived from a drug crime;

engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;

give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;

direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or

conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.

for a first violation:

for each subsequent violation:

a crime of violence as defined in § 14-101 of this article; or

a sexual offense in the third degree under § 3-307 of this article.

in a school vehicle, as defined under § 11–154 of the Transportation Article; or

in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary or secondary education.

school was in session at the time of the crime; or

the real property was being used for purposes other than school purposes at the time of the crime.

A person who violates this section is guilty of a felony and on conviction is subject to:

A sentence imposed under paragraph (1) of this subsection shall be consecutive to any other sentence imposed.

In a prosecution under this section, a map or certified copy of a map made by a county or municipal unit to depict the location and boundaries of the area within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for school purposes is admissible as prima facie evidence of the location and boundaries of the depicted area, if the governing body of the county or municipal corporation approves the map or certified copy of the map as an official record of the location and boundaries of the depicted area.

The map or a certified copy of the map shall be filed with the county or municipal corporation, which shall maintain the map or the certified copy of the map as an official record.

The governing body of the county or municipal corporation may revise periodically the map or certified copy of the map.

This subsection does not preclude the prosecution from introducing other evidence to establish an element of a crime under this section.

This subsection does not preclude the use or admissibility of maps or diagrams other than those approved by the county or municipal corporation.

A person may not transport, carry, or otherwise bring a minor into the State to use the minor to violate this section or § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, or § 5-627 of this subtitle.

the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and

an authorized provider’s assistant who is not licensed to administer prescription drugs.

on an authorized provider’s:

by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized:

the name and address of the dispenser;

the serial number and date of the prescription;

the name of the authorized provider; and

if stated in the prescription, the name and address of the patient and the directions for use.

manufacture, distribute, or possess with intent to distribute a prescription drug;