Marvin Mandel, Governor                          1099

by the Department under this subheading to manufacture, distribute
or dispense controlled dangerous substances are authorized to possess,
manufacture, distribute, or dispense such substances (including any
such activity in the conduct of research) to the extent authorized by
their registration and in conformity with the other provisions of this
subheading.

(f) The Department shall register an applicant to manufacture
or distribute controlled dangerous substances included in Schedules
I through [IV of Article II of this subheading] V unless the Depart-
ment determines that the issuance of such registration is inconsistent
with the public interest. In determining the public interest, the fol-
lowing factors shall be considered:

(1)  maintenance of effective controls against diversion of par-
ticular controlled dangerous substances and any Schedule I or II
substance compounded therefrom into other than legitimate medical,
scientific, or industrial channels.

(2)  compliance with applicable State, Federal, and local law;

(3)  prior conviction record of applicant under Federal, State, and
local laws relating to the manufacture, distribution, or dispensing
of such substances.

(4)  past experience in the manufacture and distribution of con-
trolled dangerous substances, and the existence in the establishment
of effective controls against diversion; and

(5)  such other factors as may be relevant to and consistent with
the public health and safety.

(h) Practitioners shall be registered by the Department to dis-
pense any controlled substances or to conduct research with con-
trolled substances in Schedule II through [IV] V if they are author-
ized to dispense or conduct research under the laws of this State.
[A registration application by a practitioner who wishes to conduct
research with Schedule I substances shall be referred to the Depart-
ment for advice. Registration for the purpose of bona fide research
with Schedule I substances by a practitioner deemed qualified by
the Department may be denied only on a ground specified in Section
282 (a) as amended from time to time, or on the ground that the
applicant's past practice or proposed procedures furnish grounds
for the belief that the applicant will abuse or unlawfully transfer
such substances or fail to safeguard adequately his supply of such
substances against diversion from legitimate medical or scientific
use.] The Department need not require separate registration under
this section for practitioners engaging in research with non-narcotic
controlled substances in Schedules II through V where the registrant
is already registered under this section in another capacity. Practi-
tioners registered under Federal law to conduct research with Sched-
ule I substances may conduct research with Schedule I substances
within this State upon furnishing the Department evidence of that
Federal registration.

282.

(c) Before taking action pursuant to this section or pursuant to
a denial of registration or to a refusal of renewal of registration
under Section 281, the Department shall serve upon the applicant or