(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. (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.
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