Ch. 728                                          LAWS OF MARYLAND

(I) CONTAIN A SUFFICIENT DESCRIPTION OF THE
MATERIAL OR ITS CONTAINER SO AS TO DISTINGUISH IT AS THE
PARTICULAR ITEM IN QUESTION; AND

(II) STATE THAT THE MATERIAL WAS DELIVERED IN
ESSENTIALLY THE SAME CONDITION AS RECEIVED.

(3) THE STATEMENT DESCRIBED UNDER THIS SUBSECTION MAY
BE PLACED ON THE SAME DOCUMENT AS THE REPORT OF THE LABORATORY
TEST DESCRIBED UNDER SUBSECTION (B) OF THIS SECTION. RELIABLE;
AND

(III) THE LABORATORY TEST INDICATES THAT THE
DEFENDANT USED A CONTROLLED DANGEROUS SUBSTANCE OR ALCOHOL.

(C) A REPORT OF A LABORATORY TEST IS PRIMA FACIE EVIDENCE
OF THE RESULTS OF THE LABORATORY TEST.

(D)  NOTHING IN THIS SECTION PRECLUDES THE RIGHT OF ANY
PARTY TO INTRODUCE ANY EVIDENCE THAT SUPPORTS OR CONTRADICTS THE
EVIDENCE CONTAINED IN OR THE PRESUMPTIONS RAISED BY THE?

fit REPORT OF THE LABORATORY TEST DESCRIBED UNDER
SUBSECTION (B) OF THIS SECTION; OR

(2) STATEMENT DESCRIBED UNDER SUBSECTION (C) OF THIS
SECTION.

(E) SUBJECT TO THE PROVISIONS OF SUBSECTION (F) OF THIS
SECTION, IF A LABORATORY REPORT OR STATEMENT IS ADMITTED IN
EVIDENCE, THE CHEMIST OR ANALYST WHO PERFORMED THE LABORATORY
TEST IS SUBJECT TO CROSS-EXAMINATION BY ANY PARTY TO THE
PROCEEDING.

(E) (F) (1) ON WRITTEN DEMAND OF A DEFENDANT FILED IN THE
PROCEEDING AT LEAST 5 DAYS BEFORE THE HEARING TO REVOKE A
DEFENDANT'S PROBATION OR WORK RELEASE, THE PROSECUTION SHALL
REQUIRE THE PRESENCE OF THE CHEMIST OR ANALYST WHO PERFORMED THE
TEST OR ANY INDIVIDUAL IN THE CHAIN OF CUSTODY OR CONTROL AS A
PROSECUTION WITNESS.

(2)  THE PROVISIONS OF SUBSECTIONS (A), (B), AND (C)
OF THIS SECTION CONCERNING PRIMA FACIE EVIDENCE DO NOT APPLY TO
THE TESTIMONY OF A WITNESS WHOSE PRESENCE IS REQUIRED UNDER THIS
SUBSECTION.

(3)  SUBSECTIONS (A), (B), AND (C) OF THIS SECTION
APPLY IN A PROCEEDING TO REVOKE A DEFENDANT'S PROBATION OR WORK
RELEASE ONLY WHEN A COPY OF THE REPORT OF THE LABORATORY TEST OR
THE STATEMENT DESCRIBED UNDER SUBSECTION (C) OF THIS SECTION TO
BE INTRODUCED IS MAILED, DELIVERED, OR MADE AVAILABLE TO COUNSEL
FOR THE DEFENDANT OR TO THE DEFENDANT PERSONALLY WHEN THE
DEFENDANT IS NOT REPRESENTED BY COUNSEL, AT LEAST 10 DAYS PRIOR

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