The substances included in the schedules in this subtitle are controlled dangerous substances whether designated by official name, common or usual name, chemical name, or trade name. For purposes of this subtitle, a drug is a depressant or stimulant drug if: it is lysergic acid diethylamide; or it contains any quantity of: barbituric acid or a salt of barbituric acid; a derivative of barbituric acid that is designated as habit forming under the Federal Food, Drug, and Cosmetic Act; amphetamine or its optical isomers; a salt of amphetamine or a salt of an optical isomer of amphetamine; a substance that the Attorney General of the United States designates as habit–forming because of its stimulant effect on the central nervous system; or a substance that the Attorney General of the United States designates as having a potential for abuse because of: a depressant or stimulant effect on the central nervous system; or a hallucinogenic effect.

Schedule I consists of each: 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: “controlled dangerous substance analogue” means a substance: that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and 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 “controlled dangerous substance analogue” does not include: a controlled dangerous substance; a substance for which there is an approved new drug application; or a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act. To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I. The Department may not add a substance to Schedule I under § 5–202 of this title unless the Department finds: 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.

Schedule II consists of each controlled dangerous substance: 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. The Department may not add a substance to Schedule II under § 5–202 of this title unless the Department finds: 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.

Schedule III consists of each controlled dangerous substance by whatever official name, common or usual name, chemical name, or brand name: 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. The Department may not add a substance to Schedule III under § 5–202 of this title unless the Department finds: 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.

Schedule IV consists of each controlled dangerous substance: 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 Department may not add a substance to Schedule IV under § 5–202 of this title unless the Department finds that: 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.

Schedule V consists of each controlled dangerous substance: 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 Department may not add a substance to Schedule V under § 5–202 of this title unless the Department finds: 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.