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PARRIS N. GLENDENING, Governor
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Ch. 26
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5-503. OPIUM.
(A) "OPIUM" DEFINED.
IN THIS SECTION, "OPIUM" INCLUDES:
(1) CODEINE; AND
(2) A NATURAL OR SYNTHETIC COMPOUND, MANUFACTURED
SUBSTANCE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF OPIUM.
(B) PRESCRIPTION REQUIRED; EXCEPTIONS.
(1) EXCEPT ON A VALID PRESCRIPTION OF AN AUTHORIZED PRESCRIBER
AS DEFINED IN § 12-101 OF THE HEALTH OCCUPATIONS ARTICLE, A PERSON MAY NOT
DISPENSE, GIVE, OR SELL A PREPARATION CONTAINING OPIUM OR ANY OF ITS
DERIVATIVES.
(2) THIS SUBSECTION DOES NOT APPLY TO:
(I) A SALE MADE TO AN AUTHORIZED PROVIDER; OR
(II) A SALE MADE BY A MANUFACTURER, DISTRIBUTOR, OR
LICENSED PHARMACY TO A HOSPITAL OR INSTITUTION THAT OPERATES A
DISPENSARY IN WHICH AN AUTHORIZED PROVIDER IS IN CHARGE.
(C) POSSESSION OF OPIUM.
(1) EXCEPT ON A PRESCRIPTION FROM AN AUTHORIZED PRESCRIBER AS
DEFINED IN § 12-101 OF THE HEALTH OCCUPATIONS ARTICLE, A PERSON MAY NOT
POSSESS OR CONTROL A PREPARATION CONTAINING OPIUM OR ITS DERIVATIVES.
(2) A PERSON MAY POSSESS OR CONTROL A PREPARATION CONTAINING
OPIUM OR ITS DERIVATIVES IF THE POSSESSION OR CONTROL IS IN THE REGULAR
COURSE OF LAWFUL BUSINESS, OCCUPATION, PROFESSION, EMPLOYMENT, OR DUTY
OF THE PERSON.
(D) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO:
(1) FOR A FIRST VIOLATION, A FINE NOT EXCEEDING $1000;
(2) FOR A SECOND VIOLATION, A FINE NOT EXCEEDING $2000; OR
(3) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT NOT
EXCEEDING 18 MONTHS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 285(d).
In subsections (a) and (c)(1) of this section, the former references to opium
"or its derivatives" are deleted as included in the definition of opium in
subsection (a)(2) of this section.
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- 419 -
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