# Criminal Law (GCR) ## Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances ### Subtitle 9. Criminal and Civil Liability #### Section 5-901 Notwithstanding any other law, a violation of this title shall be treated as if it were a felony for purposes of arrest, search, and seizure, whether or not a defendant is subsequently charged with or convicted of a violation that is a misdemeanor. #### Section 5-902 (a) Except as otherwise authorized by this title, a person may not: (1) omit, remove, alter, or obliterate a symbol required by federal law for a substance governed by this title; (2) refuse or fail to make, keep, or furnish a record, notification, order form, statement, invoice, or information required under this title; (3) refuse entry into a premises or inspection, if the entry or inspection is authorized under this title; or (4) as a registrant or other authorized person under this title, keep or maintain a store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or other place that is: (i) resorted to by persons using a controlled dangerous substance in violation of this title for the purpose of using a controlled dangerous substance; or (ii) used for keeping or selling a controlled dangerous substance in violation of this title. (b) Unless authorized by the registrant's registration, a registrant may not manufacture, distribute, or dispense a controlled dangerous substance to another registrant or other authorized person. (c) An authorized provider may not prescribe, administer, manufacture, distribute, dispense, or possess a controlled dangerous substance, drug paraphernalia, or controlled paraphernalia except: (1) in the course of regular professional duties; and (2) in conformity with this title and the standards of the authorized provider's profession relating to controlled dangerous substances, drug paraphernalia, or controlled paraphernalia. (d) A controlled dangerous substance, drug paraphernalia, or controlled paraphernalia manufactured, distributed, dispensed, possessed, prescribed, or administered in violation of subsection (c) of this section is contraband. (e) (1) If the trier of fact specifically finds that a person has knowingly or intentionally violated this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both. (2) In all other cases, a person who violates this section is subject to a civil penalty not exceeding $50,000. #### Section 5-903 (a) In manufacturing or distributing a controlled dangerous substance, a person may not willfully use a registration number that is fictitious, revoked, suspended, or issued to another. (b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both. #### Section 5-904 (a) A registrant may not: (1) distribute or dispense a controlled dangerous substance listed in Schedule I or Schedule II in violation of Sec. 5-303(d) of this title; or (2) distribute a controlled dangerous substance listed in Schedule I or Schedule II in the course of the registrant's legitimate business, except in accordance with an order form under Sec. 5-303(d) of this title. (b) (1) If the trier of fact specifically finds that a person knowingly or intentionally violated subsection (a)(1) of this section, the person is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $100,000 or both. (2) In all other cases, a person who violates subsection (a)(1) of this section is subject to a civil penalty not exceeding $50,000. (3) A person who willfully violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $100,000 or both. #### Section 5-905 (a) Except as provided in subsection (e) of this section, a person convicted of a subsequent crime under this title is subject to: (1) a term of imprisonment twice that otherwise authorized; (2) twice the fine otherwise authorized; or (3) both. (b) For purposes of this section, a crime is considered a subsequent crime, if, before the conviction for the crime, the offender has ever been convicted of a crime under this title or under any law of the United States or of this or another state relating to other controlled dangerous substances. (c) A person convicted of a subsequent crime under a law superseded by this title is eligible for parole, probation, and suspension of sentence in the same manner as those persons convicted under this title. (d) A sentence on a single count under this section may be imposed in conjunction with other sentences under this title. (e) A person whose prior and subsequent convictions were for a violation of Sec. 5-601, Sec. 5-602, Sec. 5-603, Sec. 5-604, Sec. 5-605, or Sec. 5-606 of this title is subject to this section only if the person was also previously convicted of a crime of violence as defined in Sec. 14-101 of this article. #### Section 5-906 In addition to a penalty imposed under this title, a court may require an individual to complete the educational program on acquired immune deficiency syndrome (AIDS) developed under Sec. 18-339 of the Health - General Article if: (1) the individual pleads guilty or nolo contendere to, or is found guilty of, violating this title; and (2) the judge believes the individual will attend and benefit from the program. #### Section 5-907 A penalty imposed for violation of this title is in addition to, and not instead of, any other civil or administrative penalty or sanction authorized by law. #### Section 5-908 (a) The Department may impose a civil penalty in an amount not exceeding $1,000 for each violation of this title. (b) The Department shall adopt regulations to set standards for the imposition of penalties under this section. (c) The Department shall remit a penalty imposed under this section to the General Fund of the State. --- Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)