# Criminal Law (GCR)

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

### Subtitle 5. Prescriptions

#### Section 5-501

(a) Except as provided in subsection (b) of this section, a person may not dispense a controlled dangerous substance without a written prescription or an electronic prescription from an authorized provider if the substance is:

  (1) listed in Schedule II; and

  (2) a drug to which Sec. 21-220 of the Health - General Article applies.

(b) A controlled dangerous substance to which subsection (a) of this section applies may be dispensed without a written prescription or an electronic prescription by:

  (1) an authorized provider who:

    (i) is not a pharmacist; and

    (ii) dispenses the controlled dangerous substance directly to an ultimate user; or

  (2) a pharmacist if:

    (i) an emergency exists;

    (ii) the pharmacist dispenses the drug under regulations of the Department on an oral prescription that the pharmacist reduces promptly to writing and keeps on file; and

    (iii) federal law authorizes the oral prescription.

(c) A prescription for a controlled dangerous substance listed in Schedule II shall be kept on file in conformity with the requirements for records and inventories under Sec. 5-306 of this title.

(d) A person may not refill a prescription for a controlled dangerous substance listed in Schedule II.

#### Section 5-502

An authorized provider may not dispense methadone, directly or by prescription, unless:

(1) the authorized provider is associated with a controlled drug therapy program authorized by the Department; or

(2) an emergency or medical situation exists under regulations that the Department adopts in cooperation with the Medical and Chirurgical Faculty of Maryland.

#### Section 5-503

(a) In this section, "opium" includes:

  (1) codeine; and

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

(b)

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

  (2) This subsection does not apply to:

    (i) a sale made to an authorized provider; or

    (ii) a sale made by a manufacturer, distributor, or licensed pharmacy to a hospital or institution that operates a dispensary in which an authorized provider is in charge.

(c)

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

  (2) 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.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

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

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

  (3) for each subsequent violation, imprisonment not exceeding 18 months.

#### Section 5-504

(a) Except when dispensed directly to an ultimate user by an authorized provider who is not a pharmacist, a controlled dangerous substance listed in Schedule III or Schedule IV that is a drug to which Sec. 21-220 of the Health - General Article applies may not be dispensed without a written prescription, an electronic prescription, or an oral prescription.

(b) Unless renewed by the authorized provider, the prescription may not be:

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

  (2) refilled more than five times.

#### Section 5-505

(a) A controlled dangerous substance listed in Schedule V may not be distributed or dispensed except for a medical purpose.

(b) When dispensing the controlled dangerous substance, an authorized provider shall securely affix to the container, in addition to any other label already there, a label with:

  (1) the dispenser's name, signature, and registry number;

  (2) the date on which the controlled dangerous substance is dispensed; and

  (3) the purchaser's name.

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