|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) THAT THE PERSON REPRESENTS AS A CONTROLLED DANGEROUS
SUBSTANCE;
(2) THAT THE PERSON INTENDS FOR USE OR DISTRIBUTION AS A
CONTROLLED DANGEROUS SUBSTANCE; OR
(3) UNDER CIRCUMSTANCES WHERE ONE REASONABLY SHOULD KNOW
THAT THE NONCONTROLLED SUBSTANCE WILL BE USED OR DISTRIBUTED FOR USE
AS A CONTROLLED DANGEROUS SUBSTANCE.
(B) CONSIDERATIONS.
TO DETERMINE IF A PERSON HAS VIOLATED THIS SECTION, THE COURT OR
OTHER AUTHORITY SHALL INCLUDE IN ITS CONSIDERATION:
(1) WHETHER THE NONCONTROLLED SUBSTANCE WAS PACKAGED IN A
MANNER NORMALLY USED TO DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE
ILLEGALLY;
(2) WHETHER THE DISTRIBUTION OR ATTEMPTED DISTRIBUTION
INCLUDED AN EXCHANGE OF OR DEMAND FOR MONEY OR OTHER PROPERTY AS
CONSIDERATION, AND WHETHER THE AMOUNT OF CONSIDERATION WAS
SUBSTANTIALLY GREATER THAN THE REASONABLE VALUE OF THE
NONCONTROLLED SUBSTANCE; AND
(3) WHETHER THE PHYSICAL APPEARANCE OF THE NONCONTROLLED
SUBSTANCE IS SUBSTANTIALLY IDENTICAL TO THAT OF A CONTROLLED DANGEROUS
SUBSTANCE.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE
NOT EXCEEDING $15,000 OR BOTH.
(D) BELIEF NOT A DEFENSE.
IT IS NOT A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE
DEFENDANT BELIEVED THAT THE NONCONTROLLED SUBSTANCE WAS A
CONTROLLED DANGEROUS SUBSTANCE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 286B(b) through (f).
In subsection (b)(1) of this section, the reference to a controlled
"dangerous" substance is added for consistency within this title.
In subsection (c) of this section, the former phrase "with respect to the
distribution, attempt to distribute, or possession with intent to distribute a
noncontrolled substance as a controlled dangerous substance" is deleted as
redundant.
Former Art. 27, § 286B(a)(2) and its introductory language, which defined
|
|
|
|
|
|
|
|
|
|
- 441 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
