2460

LAWS OF MARYLAND

Ch. 628

intent to deliver of distribute noncontrolled

substances intended for use or delivery distribution as
a controlled dangerous substance; providing for
penalties; providing that a certain defense may not be
raised; defining certain terms; clarifying language;
and relating generally to the delivery distribution of
noncontrolled substances intended for use or delivery
distribution as controlled dangerous substances.

BY adding to

Article 27 - Crimes and Punishments

Section 286B

Annotated Code of Maryland

(1976 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 27 - Crimes and Punishments

286B.

FOR PURPOSES OF THIS SECTION,

(A) (1) "NONCONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE
NOT CLASSIFIED AS A CONTROLLED DANGEROUS SUBSTANCE BY STATE
LAW OR REGULATION.

(2) "DISTRIBUTE" MEANS THE ACTUAL, CONSTRUCTIVE,
OR ATTEMPTED TRANSFER, EXCHANGE, OR DELIVERING OF A
NONCONTROLLED SUBSTANCE, OTHER THAN BY DISPENSING A
NONCONTROLLED SUBSTANCE, FROM ONE PERSON TO ANOTHER WITH OR
WITHOUT REMUNERATION, WHETHER OR NOT THERE EXISTS AN AGENCY
RELATIONSHIP.

(A) (B) A PERSON MAY NOT DELIVER DISTRIBUTE, ATTEMPT
TO DELIVER DISTRIBUTE, OR POSSESS WITH INTENT TO DELIVER
DISTRIBUTE, A NONCONTROLLED SUBSTANCE UPON EITHER:

(1) THE REPRESENTATION THAT THE SUBSTANCE IS A
CONTROLLED DANGEROUS SUBSTANCE; OR

(2) THE REPRESENTATION THAT THE SUBSTANCE IS OF
A NATURE OR APPEARANCE THAT THE RECIPIENT WILL BE ABLE TO
DELIVER THE SUBSTANCE AS A CONTROLLED DANGEROUS SUBSTANCE.

(B) (C) A PERSON MAY NOT IT IS UNLAWFUL FOR A PERSON
TO DELIVER DISTRIBUTE, ATTEMPT TO DELIVER DISTRIBUTE, OR
POSSESS WITH INTENT TO DELIVER DISTRIBUTE, ANY NONCONTROLLED
DANGEROUS SUBSTANCE INTENDED BY THAT PERSON FOR USE OR
DELIVERY DISTRIBUTE DISTRIBUTION AS A CONTROLLED DANGEROUS
SUBSTANCE OR UNDER CIRCUMSTANCES WHERE ONE REASONABLY SHOULD
KNOW THAT THE NONCONTROLLED SUBSTANCE WILL BE USED OR
DELIVERED DISTRIBUTED FOR USE AS A CONTROLLED DANGEROUS
SUBSTANCE.