Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of December 31, 2021 | Updated by FindLaw Staff
(a) Schedule I consists of each:
(1) controlled dangerous substance analogue, as defined in subsection (b) of this section;
(2) controlled dangerous substance added to Schedule I by the Department under § 5-202(b) of this title; and
(3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.
(b)(1) In this subsection:
(i) “controlled dangerous substance analogue” means a substance:
1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and
2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance described in Schedule I or Schedule II; but
(ii) “controlled dangerous substance analogue” does not include:
1. a controlled dangerous substance;
2. a substance for which there is an approved new drug application; or
3. a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act. 1
(2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I.
(c) The Department may not add a substance to Schedule I under § 5-202 of this title unless the Department finds:
(1) a high potential for abuse of the substance;
(2) no accepted medical use in the United States for the substance; and
(3) a lack of accepted safety for use of the substance under medical supervision.
Cite this article: FindLaw.com - Maryland Code, Criminal Law § 5-402 - last updated December 31, 2021 | https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-5-402/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)