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Ch. 26
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2002 LAWS OF MARYLAND
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REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 277(q)(1) except as it defined
"coca leaves".
In paragraph (1) of this subsection, the reference to "quality" is substituted
for the former reference to "liability" for clarity.
(T) POSSESS.
"POSSESS" MEANS TO EXERCISE ACTUAL OR CONSTRUCTIVE DOMINION OR
CONTROL OVER A THING BY ONE OR MORE PERSONS.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 277(s).
Defined term: "Person" § 1-101
(U) PRESCRIPTION DRUG.
(1) "PRESCRIPTION DRUG" MEANS A DRUG THAT:
(I) IS INTENDED TO BE USED BY AN INDIVIDUAL; AND
(II) BECAUSE OF ITS TOXICITY, OTHER POTENTIALITY FOR
HARMFUL EFFECT, METHOD OF USE, OR COLLATERAL MEASURES NECESSARY FOR
ITS USE:
1. BEARS A CAUTIONARY LABEL WARNING A PERSON THAT
UNDER FEDERAL LAW THE DRUG MAY NOT BE DISPENSED WITHOUT A
PRESCRIPTION; OR
2. IS DESIGNATED BY THE DEPARTMENT AS NOT SAFE FOR
USE EXCEPT UNDER THE SUPERVISION OF A PERSON LICENSED BY THE STATE TO
ADMINISTER A PRESCRIPTION DRUG.
(2) "PRESCRIPTION DRUG" DOES NOT INCLUDE A CONTROLLED
DANGEROUS SUBSTANCE.
REVISOR'S NOTE: This subsection is new language derived without
substantive change from former Art. 27, § 300(a).
In the introductory language to paragraph (1) of this subsection, the
former reference to "includ[ing]" is deleted as unnecessary in light of the
reference to "mean[ing]".
In paragraph (1)(ii)2 of this subsection, the reference to a "person licensed
by the State" to administer a prescription drug is substituted for the
former reference to a "practitioner licensed by law" to administer the drug
for clarity.
In paragraph (2) of this subsection, the former reference to a controlled
dangerous substance "as defined in this subheading" is deleted in light of
subsection (a) of this section to the same effect.
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