§ 5-402
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§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 controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.
(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.
(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.