|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(F) ANALOGUES.
(1) IN THIS SUBSECTION:
(I) "CONTROLLED DANGEROUS SUBSTANCE ANALOGUE" MEANS A
SUBSTANCE:
1. THAT HAS A CHEMICAL STRUCTURE SUBSTANTIALLY
SIMILAR TO THE CHEMICAL STRUCTURE OF A CONTROLLED DANGEROUS
SUBSTANCE LISTED IN SCHEDULE I OR SCHEDULE II; AND
2. THAT HAS A STIMULANT, DEPRESSANT, OR
HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM THAT IS
SUBSTANTIALLY SIMILAR TO OR GREATER THAN THE STIMULANT, DEPRESSANT, OR
HALLUCINOGENIC EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A CONTROLLED
DANGEROUS SUBSTANCE LISTED IN SCHEDULE I OR SCHEDULE II; BUT
(II) "CONTROLLED DANGEROUS SUBSTANCE ANALOGUE" DOES
NOT INCLUDE:
1. A CONTROLLED DANGEROUS SUBSTANCE;
2. A SUBSTANCE FOR WHICH THERE IS AN APPROVED NEW
DRUG APPLICATION, OR
3. A SUBSTANCE EXEMPTED FOR INVESTIGATIONAL USE
UNDER § 506 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(2) TO THE EXTENT INTENDED FOR HUMAN CONSUMPTION, EACH
CONTROLLED DANGEROUS SUBSTANCE ANALOGUE IS A SUBSTANCE LISTED IN
SCHEDULE I.
(G) REQUIRED FACTORS FOR ADDING SUBSTANCE.
THE DEPARTMENT MAY NOT ADD A SUBSTANCE TO SCHEDULE I UNDER § 5-202
OF THIS TITLE UNLESS THE DEPARTMENT FINDS:
(1) A HIGH POTENTIAL FOR ABUSE OF THE SUBSTANCE;
(2) NO ACCEPTED MEDICAL USE IN THE UNITED STATES FOR THE
SUBSTANCE; AND
(3) A LACK OF ACCEPTED SAFETY FOR USE OF THE SUBSTANCE UNDER
MEDICAL SUPERVISION.
REVISOR'S NOTE: Subsections (a)(1) and (b) through (g) of this section are
new language derived without substantive change from former Art. 27, §
279(a).
Subsection (a)(2) and (3) of this section is new language added to state
explicitly that which was only formerly implied in the law.
In subsections (b) and (e) of this section, the reference to being excepted
"under this subtitle" is added for clarity.
|
|
|
|
|
|
|
|
|
|
- 402 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
