§ 5-618
177 words·~1 min read·
/md/criminal-law/5-618A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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.
(b)To determine if a person has violated this section, the court shall include in its consideration:
(1)whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;
(2)if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and
(3)whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
(c)It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.
(d)A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.