# Criminal Law (GCR)

## Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances

### Subtitle 4. Schedules

#### Section 5-402

(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 Sec. 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 Sec. 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 Sec. 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 Sec. 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.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)