LegalFix
Sign In

§ 5-618. Possession or purchase of noncontrolled substance

MD Crim Law Code § 5-618 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.

Previous Section
§ 5-617. Distributing faked controlled dangerous substance
Next Section
§ 5-619. Drug paraphernalia.