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Ch. 26
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2002 LAWS OF MARYLAND
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(2) WHERE CONTROLLED DANGEROUS SUBSTANCES OR CONTROLLED
PARAPHERNALIA ARE MANUFACTURED, DISTRIBUTED, DISPENSED, STORED, OR
CONCEALED ILLEGALLY
(B) IN GENERAL.
A PERSON MAY NOT KEEP A COMMON NUISANCE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 286(a)(5).
In subsection (a)(1) of this section, the reference to "individuals" is
substituted for the former reference to "drug abusers" to clarify that
proving an individual's status as a "drug abuser" is not an element of the
crime of keeping or maintaining a common nuisance.
In subsection (a)(2) of this section, the former reference to controlled
paraphernalia "as defined in § 287(d) of this subheading" is deleted in light
of the definition of the term in § 5-101 of this title.
Defined terms: "Administer" § 5-101
"Controlled paraphernalia" § 5-101
"Controlled dangerous substance" § 5-101
"Dispense" § 5-101
"Distribute" § 5-101
"Manufacture" § 5-101
"Person" § 1-101
5-606. FALSE PRESCRIPTION.
(A) PROHIBITED.
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON MAY NOT PASS,
ISSUE, MAKE, OR POSSESS A FALSE, COUNTERFEIT, OR ALTERED PRESCRIPTION FOR
A CONTROLLED DANGEROUS SUBSTANCE WITH INTENT TO DISTRIBUTE THE
CONTROLLED DANGEROUS SUBSTANCE.
(B) INFORMATION NOT PRIVILEGED.
INFORMATION THAT IS COMMUNICATED TO AN AUTHORIZED PRESCRIBER IN
AN EFFORT TO OBTAIN A CONTROLLED DANGEROUS SUBSTANCE IN VIOLATION OF
SUBSECTION (A) OF THIS SECTION IS NOT A PRIVILEGED COMMUNICATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 286(a)(6).
In subsection (a) of this section, the reference to "issu[ing]" a prescription
is substituted for the former reference to "utter[ing]" a prescription for
consistency within this article.
Also in subsection (a) of this section, the former reference to "prescriptions"
is deleted in light of Art. 1, § 8, which provides that the singular includes
the plural.
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- 426 -
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