Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances — Subtitle 8. Criminal Procedure

Notwithstanding any other law, a law enforcement officer of the Maryland Transportation Authority Police, a municipal corporation, or a county may investigate and otherwise enforce this title and Title 12 of the Criminal Procedure Article throughout the State without any limitation as to jurisdiction and to the same extent as a law enforcement officer of the Department of State Police.

The authority granted in paragraph (1) of this subsection may be exercised only in accordance with regulations that the Secretary of the State Police adopts.

The regulations are not subject to Title 10, Subtitle 1 of the State Government Article.

in a municipal corporation, to the chief of police or designee of the chief of police;

in a county that has a county police department, to the chief of police or designee of the chief of police;

in a county without a police department, to the sheriff or designee of the sheriff;

in Baltimore City, to the Police Commissioner or the Police Commissioner’s designee; and

on property owned, leased, or operated by or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, or the Maryland Port Administration, to the chief of police of the Maryland Transportation Authority or the chief’s designee.

in addition to any other immunities and exemptions to which the officer may be entitled, has the immunities from liability and exemptions accorded to a law enforcement officer of the Department of State Police; but

remains an employee of the officer’s employing agency.

The Secretary of State Police may pay a person the sum of money that the Secretary considers appropriate for information about a violation of this title.

The money shall:

administrative inspections authorized by this title; and

seizures of property appropriate to the inspections.

An administrative inspection warrant shall issue only on an affidavit:

If the judge is satisfied that grounds for the application exist or that there is administrative probable cause to believe they exist, the judge shall issue an administrative inspection warrant that identifies:

The warrant shall be directed to a person authorized to execute it.

The warrant shall:

An administrative inspection warrant issued in accordance with this section shall be executed and returned within 10 days after its date.

If property is seized in accordance with an administrative inspection warrant, the person who executes the warrant:

The warrant shall be returned promptly and be accompanied by a written inventory of any property taken.

The inventory shall be made in the presence of the person executing the warrant and:

On request, the judge shall deliver a copy of the inventory to:

A judge who issues an administrative inspection warrant under this section shall:

a place where a registrant or person exempted from registration requirements under this title is required to keep records; or

a place, including a factory, warehouse, establishment, or conveyance, where a registrant or person exempted from registration requirements under this title may possess, manufacture, compound, process, sell, deliver, or dispose of a controlled dangerous substance.

when authorized by an administrative inspection warrant issued under § 5-804 of this subtitle; and

on presenting the warrant and appropriate credentials to the owner, operator, or agent in charge.

inspect and copy records that must be kept under this title;

inspect, within reasonable limits and in a reasonable manner:

inventory stock and obtain samples of a controlled dangerous substance in the controlled premises.

with the consent of the owner, operator, or agent in charge of the controlled premises;

in a situation that presents imminent danger to health or safety;

in a situation that involves inspection of a conveyance where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

in any other exceptional or emergency situation in which time or opportunity to apply for a warrant is lacking; and

in all other situations where a warrant is not legally required.

financial data;

sales data other than shipment data; or

pricing data.

The State need not negate an exemption, proviso, or exception set forth in this title in:

The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit.

In the absence of proof that a person is a registrant or holder of an order form issued under § 5–303(d) of this title, the person is presumed not to be a registrant or holder of a form.

The person has the burden of proof to rebut the presumption.

an authorized officer of the United States, this State, or a political subdivision of this State; or

an authorized police department civilian employee of the United States, this State, or a political subdivision of this State.

In this section the following words have the meanings indicated.

“Drug crime” means:

“License” has the meaning stated in § 10–1401 of the State Government Article.

“Licensing authority” has the meaning stated in § 10–1401 of the State Government Article.

“Licensing information” means a statement of:

If an individual is convicted of a drug crime, the court:

If the individual holds a license, at sentencing, the court shall make a prima facie finding of fact as to whether a relationship exists between the conviction and the license including:

If the court makes a prima facie finding of fact that a relationship between the conviction and the license exists, the court shall follow the procedures under subsection (c) of this section.

This subsection applies to a conviction of a licensee for a drug crime if:

On conviction of a licensee, the court shall:

The clerk of the court shall certify and report the conviction and the licensing information to the licensing authority, under administrative orders that the Chief Justice of the Supreme Court of Maryland adopts.