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Ch. 26 2002 LAWS OF MARYLAND
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(G) SCHEDULE UPDATE AND REPUBLICATION.
THE DEPARTMENT ANNUALLY SHALL UPDATE AND REPUBLISH A SCHEDULE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 278.
In subsection (b) of this section, the former reference to "notice and
hearing" is deleted as unnecessary in light of the reference to the
Administrative Procedure Act, which requires both notice and an
opportunity for hearing.
In subsection (c)(7) of this section, the reference to "psychological"
dependence is substituted for the former reference to "psychic" dependence
for clarity.
Also in subsection (c)(7) of this section, the reference to "the ability of the
substance to cause ... dependence" is substituted for the former reference to
a substance's "liability" for clarity.
In subsection (c)(8) of this section, the reference to a "controlled dangerous
substance" is substituted for the former reference to a "substance already
controlled under this [title]" for brevity.
In subsection (d)(1) of this section, the reference to "those factors" is
substituted for the former ambiguous word "thereto" for clarity. The
Criminal Law Article Review Committee calls this substitution to the
attention of the General Assembly.
In subsection (e) of this section, the reference to a precursor "of a controlled
dangerous substance" is added for clarity.
Also in subsection (e) of this section, the reference to an "immediate"
precursor is substituted for the former reference to a "controlled" precursor
for clarity.
In subsection (f)(1) of this section, the reference to a substance "[being] a
controlled dangerous substance under this title" is substituted for the
former reference to the substance "[being] similarly controlled under this
[title]" for clarity
Also in subsection (f)(1) of this section, the former reference to
"rescheduling" is deleted as contradictory of the reference to a "new
substance" in that same paragraph and to conform to longstanding
departmental practice, under which the Department may not reschedule a
controlled dangerous substance. The Criminal Law Article Review
Committee calls this deletion to the attention of the General Assembly.
In subsection (f)(2) and (3) of this section, the former references to
"mak[ing] public" an objection or decision are deleted in light of the
requirements to "publish" the objection or decision.
In subsection (f)(4) of this section, the reference to an "action for judicial
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- 384 -
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