Marvin Mandel, Governor                         885

fessional practice or research in this State, or any medical officer of
any vessel or the master of any vessel whenever any such medical
officer or another physician is unavailable.

(u) "Production" includes the manufacture, planting, cultivation,
growing, or harvesting of a controlled dangerous substance.

(v) "Immediate precursor" means a substance which the Depart-
ment has found to be and by regulation designates as being the
principal compound commonly used or produced primarily for use,
and which is an immediate chemical intermediary used or likely to
be used in the manufacture of a controlled dangerous substance,
the control of which is necessary to prevent, curtail, or limit such
manufacture.

(w) "State" means the State of Maryland.

(x) "Ultimate user" means a person who lawfully possesses a con-
trolled dangerous substance for his own use or for the use of a
member of his household or for administration to an animal owned
by him or by a member of his household.

278. Authority to Control.

(a)  The Department shall control all substances enumerated in
Section 279 of this subheading and may, by motion or on the peti-
tion of any interested party pursuant to the procedures of the
Administrative Procedure Act, AND AFTER NOTICE AND HEAR-
ING, add or reschedule a substance as a controlled dangerous sub-
stance. In making such a determination, the Department shall con-
sider the following:

(1)  its actual or relative potential for abuse;

(2)  scientific evidence of its pharmacological effect, if known;

(3)  state of current scientific knowledge regarding the substance;
(4) its history and current pattern of abuse;

(5)  the scope, duration, and significance of abuse;

(6)  what, if any, risk there is to the public health;

(7)  its psychic or physiological dependence liability; and

(8)  whether the substance is an immediate precursor of a sub-
stance already controlled under this subheading.

After considering the above factors, the Department shall make
findings with respect thereto and shall issue an order controlling
the substance if it finds that the substance has a potential for abuse.

(b)  If the Department designates a substance as an immediate
precursor, substances which are precursors of the controlled precur-
sor shall not be subject to control solely because they are precursors
of the controlled precursor.

(c)  Any new substance which is designated as controlled under
Federal law shall be similarly controlled under this subheading un-
less, within sixty (60) days of of publication in the Federal Register
of a final order designating a substance as a controlled dangerous
substance of rescheduling a substance, the Department objects to
such inclusion or rescheduling. In such case the Department shall