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PARRIS N. GLENDENING, Governor
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Ch. 26
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(E) EXEMPTIONS.
BY REGULATION, THE DEPARTMENT MAY EXEMPT FROM THIS SECTION A
COMPOUND, MIXTURE, OR PREPARATION THAT CONTAINS A DEPRESSANT
SUBSTANCE LISTED IN SUBSECTION (A) OF THIS SECTION IF:
(1) THE COMPOUND, MIXTURE, OR PREPARATION CONTAINS AN ACTIVE
MEDICINAL INGREDIENT THAT DOES NOT HAVE A DEPRESSANT EFFECT ON THE
CENTRAL NERVOUS SYSTEM; AND
(2) THE ADMIXTURES ARE INCLUDED IN COMBINATIONS, QUANTITY,
PROPORTION, OR CONCENTRATION THAT VITIATE THE POTENTIAL FOR ABUSE OF
THE SUBSTANCES THAT HAVE A DEPRESSANT EFFECT ON THE CENTRAL NERVOUS
SYSTEM.
(F) REQUIRED FACTORS FOR ADDING SUBSTANCE.
THE DEPARTMENT MAY NOT ADD A SUBSTANCE TO SCHEDULE IV UNDER §
5-202 OF THIS SUBTITLE UNLESS THE DEPARTMENT FINDS THAT:
(1) THE SUBSTANCE HAS A LOW POTENTIAL FOR ABUSE RELATIVE TO
THE SUBSTANCES LISTED IN SCHEDULE III;
(2) THE SUBSTANCE HAS CURRENTLY ACCEPTED MEDICAL USE IN
TREATMENT IN THE UNITED STATES; AND
(3) ABUSE OF THE SUBSTANCE MAY LEAD TO LIMITED PHYSICAL
DEPENDENCE OR PSYCHOLOGICAL DEPENDENCE RELATIVE TO THE SUBSTANCES IN
SCHEDULE III.
REVISOR'S NOTE: Subsection (a) of this section is new language added for
clarity and consistency.
Subsections (b) through (f) of this section are new language derived
without substantive change from former Art. 27, § 279(d).
In subsection (e) of this section, the reference to a "regulation" is
substituted for the former reference to a "rule". See General Revisor's Note
to article.
Defined terms: "Controlled dangerous substance" § 5-101
"Department" § 5-101
"Schedule III" § 5-101
"Schedule IV" § 5-101
5-406. SCHEDULE V.
(A) IN GENERAL.
SCHEDULE V CONSISTS OF EACH CONTROLLED DANGEROUS SUBSTANCE:
(1) LISTED IN THIS SECTION;
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