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Ch. 26
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2002 LAWS OF MARYLAND
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The second sentence of former Art. 27, § 277(1), which defined "distributor"
as "a person who distributes", is deleted as unnecessary.
(M) DRUG.
(1) "DRUG" MEANS:
(I) A SUBSTANCE RECOGNIZED IN THE OFFICIAL UNITED STATES
PHARMACOPOEIA, OFFICIAL HOMEOPATHIC PHARMACOPOEIA OF THE UNITED
STATES, OR OFFICIAL NATIONAL FORMULARY;
(II) A SUBSTANCE INTENDED FOR USE IN THE DIAGNOSIS, CURE,
MITIGATION, TREATMENT, OR PREVENTION OF DISEASE IN HUMANS OR OTHER
ANIMALS;
(III) EXCEPT FOR FOOD, A SUBSTANCE INTENDED TO AFFECT THE
STRUCTURE OR FUNCTION OF THE BODY OF HUMANS OR OTHER ANIMALS; OR
(IV) A SUBSTANCE INTENDED FOR USE AS A COMPONENT OF ANY
SUBSTANCE SPECIFIED IN ITEM (I), (II), OR (III) OF THIS PARAGRAPH.
(2) "DRUG" DOES NOT INCLUDE A DEVICE OR AN ACCESSORY, PART, OR
COMPONENT OF A DEVICE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 277(m).
In paragraph (1)(i) of this subsection, the former reference to a
"supplement" to books that are the official United States Pharmacopoeia,
the official Homeopathic Pharmacopoeia of the United States, or the
official National Formulary is deleted as implicit in the references to those
books. See Art. 1, § 21 (reference in statute or other law includes
amendments).
In paragraph (1)(iv) of this subsection, the term "substance" is substituted
for the former term "article" for consistency within this subsection.
(N) DRUG DEPENDENT PERSON.
"DRUG DEPENDENT PERSON" MEANS A PERSON WHO:
(1) IS USING A CONTROLLED DANGEROUS SUBSTANCE; AND
(2) IS IN A STATE OF PSYCHOLOGICAL OR PHYSICAL DEPENDENCE, OR
BOTH, THAT:
(I) ARISES FROM ADMINISTRATION OF THAT CONTROLLED
DANGEROUS SUBSTANCE ON A CONTINUOUS BASIS; AND
(II) IS CHARACTERIZED BY BEHAVIORAL AND OTHER RESPONSES
THAT INCLUDE A STRONG COMPULSION TO TAKE THE SUBSTANCE ON A
CONTINUOUS BASIS IN ORDER TO EXPERIENCE ITS PSYCHOLOGICAL EFFECTS OR TO
AVOID THE DISCOMFORT OF ITS ABSENCE.
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- 372 -
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