§ 5–618
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Law § 5-618 (2026)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia
§ 5–618LinkCopy Citation
(a)
Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.
(b)
To determine if a person has violated this section, the court shall include in its consideration:
(1)
whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;
(2)
if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and
(3)
whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
(c)
It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.
(d)
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.