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PARRIS N. GLENDENING, Governor Ch, 26
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(2) IF KNOWN, SCIENTIFIC EVIDENCE OF THE PHARMACOLOGICAL
EFFECT OF THE SUBSTANCE;
(3) THE STATE OF CURRENT SCIENTIFIC KNOWLEDGE REGARDING THE
SUBSTANCE;
(4) THE HISTORY AND CURRENT PATTERN OF ABUSE OF THE
SUBSTANCE;
(5) THE SCOPE, DURATION, AND SIGNIFICANCE OF ABUSE OF THE
SUBSTANCE;
(6) ANY RISK THAT THE SUBSTANCE POSES TO THE PUBLIC HEALTH;
(7) THE ABILITY OF THE SUBSTANCE TO CAUSE PSYCHOLOGICAL OR
PHYSIOLOGICAL DEPENDENCE; AND
(8) WHETHER THE SUBSTANCE IS AN IMMEDIATE PRECURSOR OF A
CONTROLLED DANGEROUS SUBSTANCE.
(D) FINDINGS AND ORDER
AFTER CONSIDERING THE FACTORS LISTED IN SUBSECTION (C) OF THIS
SECTION, THE DEPARTMENT SHALL:
(1) MAKE FINDINGS WITH RESPECT TO THOSE FACTORS; AND
(2) ISSUE AN ORDER TO CONTROL THE SUBSTANCE IF THE
DEPARTMENT FINDS THAT THE SUBSTANCE HAS A POTENTIAL FOR ABUSE.
(E) PRECURSORS.
IF THE DEPARTMENT DESIGNATES A SUBSTANCE AS AN IMMEDIATE
PRECURSOR OF A CONTROLLED DANGEROUS SUBSTANCE, A SUBSTANCE THAT IS A
PRECURSOR OF THE IMMEDIATE PRECURSOR IS NOT SUBJECT TO CONTROL SOLELY
BECAUSE IT IS A PRECURSOR OF THE IMMEDIATE PRECURSOR
(F) OBJECTION TO INCLUSION.
(1) A NEW SUBSTANCE THAT IS DESIGNATED AS A CONTROLLED
SUBSTANCE UNDER FEDERAL LAW IS A SIMILARLY CONTROLLED DANGEROUS
SUBSTANCE UNDER THIS TITLE UNLESS THE DEPARTMENT OBJECTS TO THE
INCLUSION.
(2) IF THE DEPARTMENT OBJECTS, IT SHALL PUBLISH THE REASONS
FOR THE OBJECTION AND GIVE EACH INTERESTED PARTY AN OPPORTUNITY TO BE
HEARD.
(3) AFTER THE HEARING, THE DEPARTMENT SHALL PUBLISH ITS
DECISION, WHICH IS FINAL.
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(4) AN ACTION FOR JUDICIAL REVIEW OF A FINAL DECISION MADE IN
ACCORDANCE WITH THIS SECTION DOES NOT STAY THE EFFECT OF THE DECISION.
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- 383 -
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