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Session Laws, 1971
Volume 707, Page 1089   View pdf image
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Marvin Mandel, Governor                        1089

to follow immediately after Section 302 (f) of Article 27 of the
Annotated Code of Maryland (1971 Replacement Volume), title
"Crimes and Punishments," subtitle "Crimes and Punishments,"
subheading "Health—Controlled Dangerous Substances," to amend
the laws of this State concerning Controlled Dangerous Substances,
to correct certain language and references therein, to make cer-
tain technical changes in the definitions of the Controlled Dan-
gerous Substances Law, to give the Department of Health and
Mental Hygiene the power to administer the provisions of this
law and to give said Department the power to add, delete or re-
schedule substances, with certain exceptions, to provide for an
additional Schedule of Controlled Dangerous Substances in order
to conform with Federal Law and relating generally to the Con-
trolled Dangerous Substances Law.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 277 (a), (e), (f), (j), (k), (1), (m), (p), (q), and
(t), 278 (a), 279, 281 (a), (f), and (h), 282 (c), 283, 285 (b) and
(c), 286 (b), 287 (d), 288 (a), and 302 (c) and (f) of Article 27
of the Annotated Code of Maryland (1971 Replacement Volume),
title "Crimes and Punishments," subtitle "Crimes and Punishments,"
subheading "Health—Controlled Dangerous Substances," be and they
are hereby repealed and re-enacted, with amendments; and that new
Section 302 (h) be and it is hereby added to said Article, title, sub-
title, subheading of said Code, to follow immediately after Section
302 (f) thereof, and all to read as follows:

277.

(a) "Administer" shall mean [to introduce a substance into the
system of a human being or animal by injection, inhalation, inges-
tion, application to the skin, or any combination thereof or by any
other means.] the direct application of a controlled dangerous sub-
stance, whether by injection, inhalation, ingestion, or any other

means, to the body of a patient or research subject by: (1) a prac-

titioner (or, in his presence, by his authorized agent), or (2) the
patient or research subject at the direction and in the presence of
the practitioner.

(e)   ["Control" shall mean the power of the Department to add,
remove, or change the placement of a drug, substance, or immediate
precursor under Sections 278 and 279 of this subheading as amended
from time to time.]

(f)   "Controlled Dangerous Substance" shall mean any drug, sub-
stance or immediate precursor in Schedules I through [IV] V of
this subheading. The term shall not include distilled spirits, wine,
malt beverages or tobacco as those terms are set in Article 2B of
the Code.

(j) "Depressant or stimulant drug" shall mean—

(i) a drug which contains any quantity of (a) barbituric acid or
any of the salts of barbituric acid; or (b) any derivative of bar-
bituric acid which has been designated by the Secretary of Health,
Education and Welfare as habit forming under Section 502 (d) of
the ["] Federal Food, Drug, and Cosmetic Act ["] (21 U. S. C. 852
(d); or [.]

 

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Session Laws, 1971
Volume 707, Page 1089   View pdf image
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