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PARRIS N. GLENDENING, Governor
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Ch. 26
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review" is substituted for the former reference to an "appeal" for
consistency with similar provisions throughout the revised articles of the
Code.
Also in subsection (f)(4) of this section, the reference to a "final decision" is
substituted for the former reference to a "designation" to conform to the
terminology of this section.
In subsection (g) of this section, the former reference to the requirement
that the Department update and republish a schedule on a "semiannual
basis for two years from July 1, 1970" is deleted as obsolete.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the schedules of controlled dangerous
substances updated and republished each year under subsection (g) of this
section may differ from the lists set forth in this title, because the
requirement to update and republish does not require the Department to
suggest corrective legislation whenever a substance is added to a schedule.
Thus a court or attorney who relies only on this title to determine whether
a particular substance is a controlled dangerous substance may not realize
that the substance has been added to a schedule, even though the
Department has included the substance in its annually republished lists.
Defined terms: "Controlled dangerous substance" § 5-101
"Department" § 5-101
5-203. REGULATIONS.
THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLEMENT THIS TITLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 302(h) and, as it related to the adoption of
regulations, § 280.
The former reference to "rules" is deleted in light of the reference to
"regulations". See General Revisor's Note to article.
The former reference to regulations "as are necessary" is deleted as
implicit in the authority to adopt regulations "to implement" this title.
Defined term: "Department" § 5-101
5-204. FEES.
THE DEPARTMENT MAY CHARGE REASONABLE FEES RELATING TO THE
REGISTRATION AND CONTROL OF THE MANUFACTURE, DISTRIBUTION, AND
DISPENSING OF CONTROLLED DANGEROUS SUBSTANCES IN THE STATE.
REVISOR'S NOTE: This section formerly was Art. 27, § 280, as it related to
fees.
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The only changes are in style.
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- 385 -
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