§ 5–402
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Law § 5-402 (2026)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 4. Schedules
§ 5–402LinkCopy Citation
(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.