Maryland

Maryland Code — Criminal Law Article

828 sections, each with the official text and a plain-English explanation of what it means for you.

• § 2-501 — In this subtitle, “under the influence of alcohol per se” means an alcohol concentration at the time of testing of 0.08
• § 2-502 — - 10 - (a) For purposes of determining alcohol concentration under this subtitle, if the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court shall convert the measurement into grams of alcohol per 100 millil
• § 2-503 — (a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while: (1) under the influence of alcohol; or (2) under the influence of alcohol per se
• § 2-504 — - 11 - (a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol
• § 2-505 — (a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive,
• § 2-506 — (a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5–101 of this article
• § 2-507 — (a) An indictment, information, or other charging document for a crime under this subtitle is sufficient if it substantially states: (1) “(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol by killing (name of victim) against t
• § 2-508 — The clerk of the court shall notify the Motor Vehicle Administration of each person convicted under this subtitle of a c
• § 3-1001 — (a) This section applies to a threat made by oral or written communication or electronic communication, as defined in § 3–805(a) of this title
• § 3-101 — (a) In this subtitle the following words have the meanings indicated
• § 3-102 — With the purpose of assisting another individual to commit or attempt to commit suicide, an individual may not: (1) by c
• § 3-103 — (a) A licensed health care professional does not violate § 3-102 of this subtitle by administering or prescribing a procedure or administering, prescribing, or dispensing a medication to relieve pain, even if the medication or procedure may hasten death or increase the risk of death, unless the lice
• § 3-104 — An individual who violates this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both
• § 3-1101 — - 86 - (a) In this subtitle the following words have the meanings indicated
• § 3-1102 — (a) (1) A person may not knowingly: (i) take or cause another to be taken to any place for prostitution; (ii) place, cause to be placed, or harbor another in any place for prostitution; (iii) persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution; (iv)
• § 3-1103 — (a) A person may not knowingly: (1) take or detain another with the intent to use force, threat, coercion, or fraud to compel the other to marry any person; (2) receive a financial benefit or thing of value in relation to a violation of this subsection; or (3) aid, abet, or conspire with another to
• § 3-1201 — (a) In this subtitle the following words have the meanings indicated
• § 3-1202 — (a) A person may not knowingly: (1) take, place, harbor, persuade, induce, or entice another by force, fraud, or coercion to provide services or labor; or (2) receive a benefit or thing of value from the provision of services or labor by another that was induced by force, fraud, or coercion
• § 3-1203 — (a) A State’s Attorney or the Attorney General may investigate and prosecute a violation of this subtitle or a violation of any crime based on the act establishing a violation of this subtitle
• § 3-201 — (a) In this subtitle the following words have the meanings indicated
• § 3-202 — (a) In this section, “strangling” means impeding the normal breathing or blood circulation of another person by applying pressure to the other person’s throat or neck
• § 3-203 — (a) A person may not commit an assault
• § 3-204 — - 18 - (a) A person may not recklessly: (1) engage in conduct that creates a substantial risk of death or serious physical injury to another; or (2) discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another
• § 3-205 — (a) An incarcerated individual may not maliciously cause or attempt to cause an employee of a State correctional facility, a local correctional facility, or a sheriff’s office, regardless of employment capacity, to come into contact with: (1) seminal fluid, urine, or feces; or (2) blood, if the cont
• § 3-206 — (a) An indictment, information, other charging document, or warrant for a crime described in § 3-202, § 3-203, or § 3-205 of this subtitle is sufficient if it substantially states: “(name of defendant) on (date) in (county) assaulted (name of victim) in the .......
• § 3-207 — (a) On a pretrial motion of the State, a court may dismiss a charge of assault if: (1) the victim and the defendant agree to the dismissal; and (2) the court considers the dismissal proper
• § 3-208 — Expert testimony is admissible to prove, but is not required to prove, serious physical injury.
• § 3-209 — (a) Subject to subsection (b) of this section, a person charged with a crime under § 3–202, § 3–203, § 3–204, or § 3–205 of this subtitle may assert any judicially recognized defense
• § 3-210 — (a) An incarcerated individual convicted of assault under this subtitle on another incarcerated individual or on an employee of a State correctional facility, a - 21 - local correctional facility, or a sheriff’s office, regardless of employment capacity, shall be sentenced under this section
• § 3-211 — (a) (1) In this section the following words have the meanings indicated
• § 3-212 — (a) An indictment, information, or other charging document for a crime described in § 3-211 of this subtitle is sufficient if it substantially states: (1) “(name of defendant) on (date) in (county) caused a life- threatening injury to (name of victim) while under the influence of alcohol, in violati
• § 3-213 — (a) A person may not attempt to poison another
• § 3-214 — (a) A person may not knowingly and willfully contaminate, attempt to contaminate, or conspire to contaminate the water of a source or tributary of a water supply, including the waters of a well, spring, brook, lake, pond, stream, river, or reservoir by adding disease germs, bacteria, poison, or pois
• § 3-215 — (a) In this section, “bodily fluid” means seminal fluid, blood, urine, or feces
• § 3-301 — (a) In this subtitle the following words have the meanings indicated
• § 3-302 — In this subtitle an undefined word or phrase that describes an element of common-law rape retains its judicially determi
• § 3-303 — (a) A person may not: (1) (i) engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or (ii) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and (2) (i) employ or display a dangerous weapo
• § 3-304 — (a) A person may not engage in vaginal intercourse or a sexual act with another: (1) without the consent of the other; (2) if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act kno
• § 3-307 — (a) A person may not: (1) (i) engage in sexual contact with another without the consent of the other; and (ii) 1
• § 3-308 — (a) (1) In this section the following words have the meanings indicated
• § 3-309 — (a) A person may not attempt to commit rape in the first degree
• § 3-310 — (a) A person may not attempt to commit rape in the second degree
• § 3-313 — (a) On conviction of a violation of § 3–304, § 3–307, or § 3–310 of this subtitle, a person is subject to imprisonment not exceeding life if the person has been convicted on a prior occasion not arising from the same incident: (1) of any violation of § 3–303 or § 3–304 of this subtitle, or § 3–305 o
• § 3-314 — - 35 - (a) (1) In this section the following words have the meanings indicated
• § 3-315 — - 37 - (a) A person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of § 3–303, § 3–304, or § 3–307 of this subtitle, or violations of § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017, over a period
• § 3-316 — If a person is transported with the intent to violate a provision of § 3–303, § 3– 304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, and the intent is followed by actual violation of a provision of § 3–303, § 3–304, §§ 3–307 through 3– 310, § 3–314, or § 3–315 of this subtitle, the
• § 3-317 — (a) An indictment, information, or warrant for a crime under § 3–303, § 3– 304, §§ 3–307 through 3–310, or § 3–314 of this subtitle is sufficient if it substantially states: “(name of defendant) on (date) in (county) committed a rape or sexual offense on (name of victim) in violation of (section vio
• § 3-319 — (a) Evidence relating to a victim’s reputation for chastity or abstinence and opinion evidence relating to a victim’s chastity or abstinence may not be admitted in a prosecution for: (1) a crime specified under this subtitle or a lesser included crime; (2) the sexual abuse of a minor under § 3-602 o
• § 3-320 — In a criminal prosecution under § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, a judge
• § 3-321 — The common law crime of sodomy has been repealed.
• § 3-323 — - 40 - (a) A person may not knowingly engage in vaginal intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article
• § 3-324 — (a) In this section, “solicit” means to command, authorize, urge, entice, request, or advise a person by any means, including: (1) in person; (2) through an agent or agency; (3) over the telephone; (4) through any print medium; (5) by mail; (6) by computer or Internet; or (7) by any other electronic
• § 3-325 — (a) (1) In this section the following words have the meanings indicated
• § 3-401 — (a) In this subtitle the following words have the meanings indicated
• § 3-402 — (a) A person may not commit or attempt to commit robbery
• § 3-403 — (a) A person may not commit or attempt to commit robbery under § 3-402 of this subtitle: (1) with a dangerous weapon; or (2) by displaying a written instrument claiming that the person has possession of a dangerous weapon
• § 3-404 — (a) An indictment, information, warrant, or other charging document for robbery is sufficient if it substantially states: “(name of defendant) on (date) in (county) did feloniously rob (name of victim) of (property/service) (having a value of $1,000 or more) (with a dangerous weapon) in violation of
• § 3-405 — (a) In this section, “motor vehicle” has the meaning stated in § 11-135 of the Transportation Article
• § 3-501 — In this subtitle, “home or usual place of abode” includes the real property appurtenant to the home or place of abode.
• § 3-502 — - 46 - (a) A person may not, by force or fraud, carry or cause a person to be carried in or outside the State with the intent to have the person carried or concealed in or outside the State
• § 3-503 — (a) (1) A person may not, without color of right: (i) forcibly abduct, take, or carry away a child under the age of 12 years from: 1
• § 3-601 — (a) (1) In this section the following words have the meanings indicated
• § 3-602 — (a) (1) In this section the following words have the meanings indicated
• § 3-603 — - 52 - (a) A person may not sell, barter, or trade, or offer to sell, barter, or trade, a minor for money, property, or anything else of value
• § 3-604 — (a) (1) In this section and §§ 3–605 and 3–606 of this subtitle the following words have the meanings indicated
• § 3-605 — (a) This section does not apply to abuse that involves sexual abuse of a vulnerable adult
• § 3-606 — If a State or local unit receives a report of present or past abuse or neglect of a vulnerable adult, an investigation s
• § 3-607 — (a) A person may not recklessly or intentionally do an act or create a situation that subjects a student to the risk of serious bodily injury for the purpose of an initiation into a student organization of a school, college, or university
• § 3-608 — (a) In this section, “missing child” means a minor whose whereabouts are unknown to a parent or other person who has permanent care and custody or responsibility for the supervision of the minor
• § 3-609 — (a) Unless the death of a minor has already been reported to the appropriate law enforcement agency or medical authority, a parent or other person who has permanent care or custody or responsibility for the supervision of a minor shall report the death of the minor to the appropriate law enforcement
• § 3-701 — (a) This section does not apply to legitimate efforts by employees or their representatives to obtain certain wages, hours, or working conditions
• § 3-702 — (a) In this section, “political subdivision” includes a: (1) county; - 58 - (2) municipal corporation; (3) bicounty or multicounty agency; (4) county board of education; (5) public authority; or (6) special taxing district
• § 3-703 — (a) An officer or employee of the State or of a county, municipal corporation, bicounty agency, or multicounty agency may not, by force, intimidation, or threat, induce a person employed in work financed wholly or partly by the State or by a county, municipal corporation, bicounty agency, or multico
• § 3-704 — (a) A person, with the intent to unlawfully extort money, property, labor, services, or anything of value from another, may not falsely accuse or threaten to falsely accuse another of a crime or of anything that, if the accusation were true, would tend to bring the other into contempt or disrepute
• § 3-705 — (a) A person, with the intent to unlawfully extort money, property, labor, services, or anything of value from another, may not verbally threaten to: (1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or (2) (i) cause physical injury to
• § 3-706 — (a) (1) This section applies to any writing, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark or designation
• § 3-707 — (a) This section does not prohibit picketing in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article
• § 3-708 — (a) (1) In this section the following words have the meanings indicated
• § 3-709 — (a) (1) In this section the following words have the meanings indicated
• § 3-801 — In this subtitle, “course of conduct” means a persistent pattern of conduct, composed of a series of acts over time, tha
• § 3-802 — (a) In this section: (1) “stalking” means a malicious course of conduct that includes approaching or pursuing another where: (i) the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear: 1
• § 3-803 — (a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other: (1) with the intent to harass, alarm, or annoy the other; (2) after receiving a reasonable warning or request to stop by or on behalf of the other; a
• § 3-804 — (a) A person may not use telephone facilities or equipment to make: (1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another; (2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or (3) a comment, request, suggesti
• § 3-805 — (a) (1) In this section the following words have the meanings indicated
• § 3-806 — (a) In this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye
• § 3-807 — (a) In this section, “laser pointer” has the meaning stated in § 3–806 of this subtitle
• § 3-808 — (a) A person may not file a lien or an encumbrance in a public or private record against the real or personal property of another if the person knows that the lien or encumbrance is: (1) false; or (2) contains or is based on a materially false, fictitious, or fraudulent statement or representation
• § 3-809 — (a) (1) In this section the following words have the meanings indicated
• § 3-901 — (a) (1) In this section the following words have the meanings indicated
• § 3-902 — (a) (1) In this section the following words have the meanings indicated
• § 3-903 — (a) In this section, “camera” includes any electronic device that can be used surreptitiously to observe an individual
• § 3-904 — (a) The General Assembly declares that: (1) the protection and preservation of the home is the keystone of democratic government; (2) the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and
• § 3-905 — (a) A person may not take and break open a letter that is not addressed to the person without permission from the person to whom the letter is addressed or the personal representative of the addressee’s estate
• § 3-906 — (a) (1) In this section the following words have the meanings indicated
• § 3-907 — (a) (1) In this section the following words have the meanings indicated
• § 4-101 — (a) (1) In this section the following words have the meanings indicated
• § 4-102 — (a) This section does not apply to: (1) a law enforcement officer in the regular course of the officer’s duty; (2) an off–duty law enforcement officer or a person who has retired as a law enforcement officer in good standing from a law enforcement agency of the United States, the State, or a local u
• § 4-103 — (a) In this section, “law enforcement officer” means: (1) a law enforcement officer who, in an official capacity, is authorized by law to make arrests; (2) a sheriff, deputy sheriff, or assistant sheriff; or (3) an employee of the Division of Correction, the Patuxent Institution, the Division of Pre
• § 4-104 — (a) (1) In this section the following words have the meanings indicated
• § 4-105 — (a) A person may not sell, barter, display, or offer to sell or barter: (1) a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife; or (2) a
• § 4-106 — (a) (1) In this section and § 4-107 of this subtitle the following words have the meanings indicated
• § 4-107 — (a) Except for a person holding a valid permit issued under subsection (c) of this section, a person who was previously convicted of a crime of violence or a drug trafficking crime may not use, possess, or purchase bulletproof body armor
• § 4-108 — (a) In Anne Arundel County, Caroline County, and St
• § 4-109 — (a) (1) In this section the following words have the meanings indicated
• § 4-110 — (a) In this section, “restricted firearm ammunition” means a cartridge, a shell, or any other device that: (1) contains explosive or incendiary material designed and intended for use in a firearm; and (2) has a core constructed, excluding traces of other substances, entirely from one or a combinatio
• § 4-111 — (a) (1) In this section the following words have the meanings indicated
• § 4-201 — (a) In this subtitle the following words have the meanings indicated
• § 4-202 — The General Assembly finds that: (1) the number of violent crimes committed in the State has increased alarmingly in rec
• § 4-203 — (a) (1) Except as provided in subsection (b) of this section, a person may not: (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person; - 107 - (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parki
• § 4-204 — (a) (1) In this section, “firearm” means: (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or - 111 - (ii) the frame or receiver of such a weapon
• § 4-205 — (a) Notwithstanding § 14-102 of this article or any other provision of law, except with respect to a sentence prescribed in § 4-203(c)(2) of this subtitle, a court may not: (1) enter a judgment for less than the mandatory minimum sentence prescribed in § 4-203 or § 4-204 of this subtitle in a case i
• § 4-206 — (a) (1) A law enforcement officer may make an inquiry and conduct a limited search of a person under paragraph (2) of this subsection if the officer, in light of the officer’s observations, information, and experience, reasonably believes that: (i) the person may be wearing, carrying, or transportin
• § 4-208 — (a) (1) In this section the following words have the meanings indicated
• § 4-209 — (a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of: (1) a handgun, rifle, or shotgun; and (
• § 4-301 — (a) In this subtitle the following words have the meanings indicated
• § 4-302 — This subtitle does not apply to: (1) if acting within the scope of official business, personnel of the United States government or a unit of that government, members of the armed forces of the United States or of the National Guard, law enforcement personnel of the State or a local unit in the State
• § 4-303 — (a) Except as provided in subsection (b) of this section, a person may not: (1) transport an assault weapon into the State; or (2) possess, sell, offer to sell, transfer, purchase, or receive an assault weapon
• § 4-304 — A law enforcement unit may seize as contraband and dispose of according to regulation an assault weapon transported, sol
• § 4-305 — (a) This section does not apply to: (1) a .22 caliber rifle with a tubular magazine; or (2) a law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or any law enforcement agency in the State
• § 4-306 — (a) Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both
• § 4-401 — (a) In this subtitle the following words have the meanings indicated
• § 4-402 — (a) The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle
• § 4-403 — (a) (1) A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer
• § 4-404 — (a) A person may not use or possess a machine gun in the commission or attempted commission of a crime of violence
• § 4-405 — (a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose when: (1) the machine gun: (i) is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found; - 128 - (ii) is in the
• § 4-406 — This subtitle shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those s
• § 4-407 — This subtitle may be cited as the Uniform Machine Gun Act.
• § 4-501 — (a) In this subtitle the following words have the meanings indicated
• § 4-502 — This subtitle does not apply to: (1) a member of the armed forces of the United States or of the National Guard or law e
• § 4-503 — (a) A person may not knowingly: (1) manufacture, transport, possess, control, store, sell, distribute, or use a destructive device; or (2) possess explosive material, incendiary material, or toxic material with intent to create a destructive device
• § 5-101 — (a) In this title the following words have the meanings indicated
• § 5-102 — (a) The General Assembly finds that: (1) many of the substances listed in this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the State; but (2) the illegal manufacture, distribution, possession, and administration of
• § 5-103 — - 142 - (a) (1) Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug: (i) made to an authorized provider; or (ii) made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to: 1
• § 5-1101 — - 210 - This title may be cited as the “Maryland Controlled Dangerous Substances Act”.
• § 5-201 — (a) The Department, those of its officers, agents, inspectors, and representatives whom the Secretary designates, and each police officer and State’s Attorney in the State shall: (1) enforce the provisions of this title that are not specifically delegated; and (2) cooperate with each unit that enfor
• § 5-202 — (a) The Department shall control all substances listed in Subtitle 4 of this title
• § 5-203 — The Department may adopt regulations to implement this title.
• § 5-204 — - 145 - The Department may charge reasonable fees relating to the registration and control of the manufacture, distribut
• § 5-301 — (a) (1) Except as otherwise provided in this section, a person shall be registered by the Department before the person manufactures, distributes, or dispenses a controlled dangerous substance in the State or transports a controlled dangerous substance into the State
• § 5-302 — (a) A registration expires on the date set by the Department unless it is renewed for an additional term as provided in this section
• § 5-303 — (a) Unless the Department determines that the issuance of the registration is inconsistent with the public interest, the Department shall register an applicant to manufacture or distribute controlled dangerous substances included in Schedule I through Schedule V
• § 5-304 — (a) If an authorized provider is authorized to dispense or conduct research under State law, the Department shall register the authorized provider to dispense a controlled dangerous substance or to conduct research with a controlled dangerous substance listed in Schedule II through Schedule V
• § 5-305 — In accordance with regulations that the Department adopts, the Department may inspect the establishment of a registrant
• § 5-306 — (a) This section does not apply to an authorized provider who lawfully prescribes or administers, but does not otherwise dispense, a controlled dangerous substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V
• § 5-307 — (a) Subject to the notice and hearing provisions of § 5–308 of this subtitle, the Department may deny a registration to any applicant, suspend or revoke a registration, or refuse to renew a registration if the Department finds that the applicant or registrant: (1) has materially falsified an applica
• § 5-308 — - 150 - (a) (1) Before the Department takes action under § 5-307 of this subtitle, the Department shall serve on the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended or its renewal refused
• § 5-309 — (a) If the Department suspends or revokes a registration, the Department may place under seal all controlled dangerous substances that the registrant owns or possesses at the time of the suspension or revocation in accordance with the registration
• § 5-310 — The Department shall notify promptly the federal Drug Enforcement Administration of each order that suspends or revokes
• § 5-401 — (a) The substances included in the schedules in this subtitle are controlled dangerous substances whether designated by official name, common or usual name, chemical name, or trade name
• § 5-402 — (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 contr
• § 5-403 — (a) Schedule II consists of each controlled dangerous substance: (1) added to Schedule II by the Department under § 5–202(b) of this title; or (2) designated as a Schedule II controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title
• § 5-404 — - 154 - (a) Schedule III consists of each controlled dangerous substance by whatever official name, common or usual name, chemical name, or brand name: (1) added to Schedule III by the Department under § 5–202(b) of this title; or (2) designated as a Schedule III controlled dangerous substance by th
• § 5-405 — (a) Schedule IV consists of each controlled dangerous substance: (1) added to Schedule IV by the Department under § 5–202(b) of this title; or (2) designated as a Schedule IV controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title
• § 5-406 — (a) Schedule V consists of each controlled dangerous substance: (1) added to Schedule V by the Department under § 5–202(b) of this title; or (2) designated as a Schedule V controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title
• § 5-501 — (a) Except as provided in subsection (b) of this section, a person may not dispense a controlled dangerous substance without a written prescription or an electronic prescription from an authorized provider if the substance is: (1) listed in Schedule II; and (2) a drug to which § 21–220 of the Health
• § 5-502 — An authorized provider may not dispense methadone, directly or by prescription, unless: (1) the authorized provider is a
• § 5-503 — (a) In this section, “opium” includes: (1) codeine; and (2) a natural or synthetic compound, manufactured substance, salt, derivative, mixture, or preparation of opium
• § 5-504 — (a) Except when dispensed directly to an ultimate user by an authorized provider who is not a pharmacist, a controlled dangerous substance listed in Schedule III or Schedule IV that is a drug to which § 21–220 of the Health – General Article applies may not be dispensed without a written prescriptio
• § 5-505 — (a) A controlled dangerous substance listed in Schedule V may not be distributed or dispensed except for a medical purpose
• § 5-601 — (a) Except as otherwise provided in this title, a person may not: (1) possess or administer to another a controlled dangerous substance, unless: (i) obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or (ii) the controlled dangero
• § 5-602 — (a) Except as otherwise provided in this title, a person may not: (1) distribute or dispense a controlled dangerous substance; or (2) possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense
• § 5-603 — (a) Except as otherwise provided in this title, a person may not manufacture a controlled dangerous substance other than cannabis, or manufacture, distribute, or possess a machine, equipment, instrument, implement, device, or a combination of them that is adapted to produce a controlled dangerous su
• § 5-604 — (a) In this section, “counterfeit substance” means a controlled dangerous substance, or its container or labeling, that: (1) without authorization, bears a likeness of the trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other
• § 5-605 — (a) “Common nuisance” means a dwelling, building, vehicle, vessel, aircraft, or other place: (1) resorted to by individuals for the purpose of administering illegally controlled dangerous substances; or (2) where controlled dangerous substances or controlled paraphernalia are manufactured, distribut
• § 5-606 — (a) Except as otherwise provided in this title, a person may not pass, issue, make, or possess a false, counterfeit, or altered prescription for a controlled dangerous substance with intent to distribute the controlled dangerous substance
• § 5-607 — (a) (1) Except as provided in paragraph (2) of this subsection and §§ 5– 608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through - 170 - 5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceedi
• § 5-608 — (a) Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to a Schedule I or Schedule II narcotic drug is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $
• § 5-609 — (a) Except as otherwise provided in this section, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle with respect to any of the following controlled dangerous substances is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not
• § 5-610 — (a) In addition to any other penalty provided by law, a person who is convicted or found to have committed a delinquent act under § 5-602, § 5-603, § 5- 604, § 5-605, or § 5-606 of this subtitle may be ordered by the court to pay restitution for actual costs reasonably incurred in cleaning up or rem
• § 5-612 — (a) A person may not manufacture, distribute, dispense, or possess: (1) 50 pounds or more of cannabis; (2) 448 grams or more of cocaine; (3) 448 grams or more of any mixture containing a detectable amount, as scientifically measured using representative sampling methodology, of cocaine; (4) 448 gram
• § 5-613 — (a) In this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance
• § 5-614 — (a) (1) Unless authorized by law to possess the substance, a person may not bring into the State: - 178 - (i) 45 kilograms or more of cannabis; (ii) 28 grams or more of cocaine; (iii) any mixture containing 28 grams or more of cocaine; (iv) 4 grams or more of morphine or opium or any derivative, sal
• § 5-617 — (a) A person may not distribute, attempt to distribute, or possess with intent to distribute a noncontrolled substance: - 179 - (1) that the person represents as a controlled dangerous substance; (2) that the person intends for use or distribution as a controlled dangerous substance; or (3) under ci
• § 5-618 — (a) 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
• § 5-619 — (a) To determine whether an object is drug paraphernalia, a court shall consider, among other logically relevant factors: (1) any statement by an owner or a person in control of the object concerning its use; (2) any prior conviction of an owner or a person in control of the object under a State or
• § 5-620 — (a) Unless authorized under this title, a person may not: - 183 - (1) obtain or attempt to obtain controlled paraphernalia by: (i) fraud, deceit, misrepresentation, or subterfuge; (ii) counterfeiting a prescription or a written order; (iii) concealing a material fact or the use of a false name or ad
• § 5-621 — (a) (1) In this section the following words have the meanings indicated
• § 5-622 — (a) In this section, “firearm” includes: (1) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, and short-barreled rifle, as those words are defined in § 4-201 of this article; (2) a machine gun, as defined in § 4-401 of this article; and (3) a regulated firearm, as defined in § 5-1
• § 5-623 — (a) (1) In this section the following words have the meanings indicated
• § 5-624 — (a) In this section, “drug” does not include alcohol
• § 5-627 — (a) A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5–602 of this subtitle or conspire to commit any of these crimes: (1) in a school vehicle, as defined under § 11–154 of the Transportation Article; or (2) i
• § 5-628 — (a) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a person may not hire, solicit, engage, or use a minor to manufacture, deliver, or distribute on behalf of that person a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an
• § 5-701 — (a) Sections 5–701 through 5–704 of this subtitle apply to: (1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and (2) an authorized provi
• § 5-702 — (a) (1) This subsection applies to a person engaged in the business of selling prescription drugs, controlled dangerous substances, medicines, chemicals, or preparations for medical use or of compounding or dispensing these in accordance with physicians’ prescriptions
• § 5-703 — (a) This section does not apply to the mailing of a drug to a person who under State law is authorized to disburse, prescribe, or administer the drug
• § 5-704 — The Department may adopt regulations to administer and enforce §§ 5-701 through 5-703 of this subtitle.
• § 5-705 — (a) Subject to subsection (c) of this section, in a criminal case involving counterfeiting of a prescription under this title, an affidavit by an authorized provider may be introduced as evidence that: (1) the signature on a prescription of the authorized provider has been counterfeited; (2) the ind
• § 5-708 — (a) (1) This section applies to fingernail polish, model airplane glue, or any other substance that causes intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system when smelled or inhaled
• § 5-709 — (a) In this section, “distribute” includes actual, constructive, or attempted transfer, exchange, or delivery, regardless of remuneration or agency relationship
• § 5-710 — (a) In this section, “human growth hormone” means: (1) somatrem, somatropin, and any of their analogues; or (2) a substance labeled as being or containing somatrem or somatropin and any analogue of somatrem or somatropin
• § 5-801 — Notwithstanding any other law, the Department of State Police may initiate investigations and enforce this title and Tit
• § 5-802 — - 198 - (a) (1) 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 a
• § 5-803 — - 199 - (a) (1) 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
• § 5-804 — (a) 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 admini
• § 5-805 — (a) In this section, “controlled premises” means: (1) a place where a registrant or person exempted from registration requirements under this title is required to keep records; or (2) a place, including a factory, warehouse, establishment, or conveyance, where a registrant or person exempted from re
• § 5-806 — The Department, the Attorney General, and the State’s Attorney for a county may apply to the appropriate court for a tem
• § 5-807 — (a) (1) The State need not negate an exemption, proviso, or exception set forth in this title in: (i) a complaint, information, indictment, or other pleading; or (ii) a trial, hearing, or other proceeding under this title
• § 5-808 — (a) 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: - 204 - (1) an authorized officer of the United States, this State, or a political subdivision of this
• § 5-809 — Notwithstanding any other law, at a hearing relating to bail or sentencing arising out of a violation or alleged violati
• § 5-810 — (a) (1) In this section the following words have the meanings indicated