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Code · Maryland · Criminal Law

§ 5-620

267 words·~1 min read·/md/criminal-law/5-620

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§5–620.
(a)Unless authorized under this title, a person may not:
(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 address;
(iv)falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
(v)making or issuing a false or counterfeit prescription or written order; or
(2)possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.
(b)Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, distribute, or dispense controlled dangerous substances, including:
(1)a scale;
(2)a sieve;
(3)a strainer;
(4)a measuring spoon;
(5)staples;
(6)a stapler;
(7)a glassine envelope;
(8)a gelatin capsule;
(9)procaine hydrochloride;
(10)mannitol;
(11)lactose;
(12)quinine; and
(13)a controlled dangerous substance.
(c)Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.
(d)A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)for a first violation, a fine not exceeding $500; and
(2)for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
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