Notwithstanding any other law, the Department of State Police may initiate investigations and enforce this title and Title 12 of the Criminal Procedure Article throughout the State without regard to any limitation otherwise applicable to that department’s activities in a municipal corporation or other political subdivision.
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.
If action is taken under the authority granted in this section, notification of an investigation or enforcement action shall be made:
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.
When acting under the authority granted in this section, a law enforcement officer:
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:
be paid without reference to any reward to which the person may otherwise be entitled by law; and
be from funds appropriated for the Department of State Police, Intelligence Division.
Money that is expended from appropriations of the Department of State Police, Intelligence Division, for purchase of controlled dangerous substances and that is subsequently recovered shall be reimbursed to the current appropriation for that Department.
The Secretary of State Police may advance money to enforce this section.
In this section, “administrative probable cause” means a valid public interest in the effective enforcement of this title or regulations sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant.
On showing of administrative probable cause, a judge of the State may issue an administrative inspection warrant to conduct:
administrative inspections authorized by this title; and
seizures of property appropriate to the inspections.
An administrative inspection warrant shall issue only on an affidavit:
of a designated officer or employee with knowledge of the facts alleged;
that is sworn to before the judge; and
that establishes the grounds for issuing the warrant.
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 area, premises, building, or conveyance to be inspected;
the purpose of the inspection; and
where appropriate, the type of property to be inspected.
The warrant shall be directed to a person authorized to execute it.
The warrant shall:
identify the item or type of property to be seized;
state the grounds for its issuance and the name of the affiant;
require the person to whom the warrant is directed to inspect the area, premises, building, or conveyance identified for the specified purpose;
require, where appropriate, the seizure of the specified property;
require that the warrant be served during normal business hours; and
designate the judge to whom the warrant is to be returned.
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:
shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken; or
shall leave the copy and receipt at the place from which the property was taken.
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:
the person from whose possession or premises the property was taken; or
if that person is not present, at least one other credible person.
On request, the judge shall deliver a copy of the inventory to:
the person from whom or from whose premises the property was taken; and
the applicant for the warrant.
A judge who issues an administrative inspection warrant under this section shall:
attach to the warrant a copy of the return and all papers filed in connection with the return; and
file them with the clerk of the court from which the warrant was issued.
In this section, “controlled premises” means:
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.
The Department may make administrative inspections of controlled premises in accordance with this section and designate those who may seize property under this section.
An officer or employee designated by the Department may enter controlled premises to conduct an administrative inspection:
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.
When authorized by an administrative inspection warrant, an officer or employee designated by the Department may:
inspect and copy records that must be kept under this title;
inspect, within reasonable limits and in a reasonable manner:
controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling in the controlled premises;
except as provided in subsection (e) of this section, all other things in the controlled premises, including records, files, papers, processes, controls, and facilities, bearing on violation of this title; and
inventory stock and obtain samples of a controlled dangerous substance in the controlled premises.
Without a warrant, the Department may inspect books and records in accordance with this title and enter and conduct administrative inspections, including seizures of property:
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.
Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized under this section may not extend to:
financial data;
sales data other than shipment data; or
pricing data.
The Department, the Attorney General, and the State’s Attorney for a county may apply to the appropriate court for a temporary or permanent injunction to restrain a person from violating this title:
whether or not an adequate remedy at law exists;
in addition to the other remedies provided by this title; and
notwithstanding any other law.
The State need not negate an exemption, proviso, or exception set forth in this title in:
a complaint, information, indictment, or other pleading; or
a trial, hearing, or other proceeding under this title.
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.
If the individual is engaged in the enforcement or prosecution of this title or other law relating to controlled dangerous substances, criminal liability may not be imposed under this title on:
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.
A public official or employee who is covered under subsection (a) of this section may temporarily possess controlled dangerous substances, drug paraphernalia, or controlled paraphernalia incidental to the discharge of official or employee duties.
Notwithstanding any other law, at a hearing relating to bail or sentencing arising out of a violation or alleged violation of this title, hearsay evidence is admissible if:
the hearsay is relevant to the issue; and
the underlying circumstances on which the hearsay is based and the reliability of the source of the information are demonstrated.
In this section the following words have the meanings indicated.
“Drug crime” means:
a violation of this title;
a violation of Title 12 of the Criminal Procedure Article; or
a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of this title or Title 12 of the Criminal Procedure Article if committed in this State.
“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:
each license held by the defendant on the date of sentencing;
the full name of the licensee as it appears on the license and, if different, as it appears in the court’s docket;
the birth date of the licensee; and
the name of each licensing authority by whom the defendant is licensed.
If an individual is convicted of a drug crime, the court:
shall determine at sentencing whether the individual holds a license; and
if the individual holds a license, shall obtain the licensing information.
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:
a determination of the individual’s ability to perform the tasks authorized by the license;
a finding of whether the public will be protected if the individual continues to perform the tasks authorized by the license;
a finding of whether the nature and circumstances of the drug crime merit referral to the licensing authority; and
a finding of any other facts that the court considers relevant.
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:
the licensee has at least one prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; or
the licensee does not have a prior conviction or probation before judgment for a drug crime committed on or after January 1, 1991; and
the court makes a prima facie finding of fact that a relationship exists between the conviction and the license under subsection (b) of this section.
On conviction of a licensee, the court shall:
notify the clerk of the court of the determination; and
provide the clerk of the court with the licensing information.
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.
If the court makes a prima facie finding of fact under subsection (b) of this section that a relationship between the conviction and the license does not exist, the clerk may not certify or report to a licensing authority the conviction or the licensing information.