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<section article="gcr" article_name="Criminal Law" number="5-618" title_number="5" title_name="Controlled Dangerous Substances, Prescriptions, and Other Substances" subtitle_number="6" subtitle_name="Crimes Involving Controlled Dangerous Substances and Paraphernalia">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>To determine if a person has violated this section, the court shall include in its consideration:</text>
    <level label="1">
      <text>whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;</text>
    </level>
    <level label="2">
      <text>if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and</text>
    </level>
    <level label="3">
      <text>whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.</text>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
</section>
