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Ch. 26
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2002 LAWS OF MARYLAND
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the word "distribute" only for § 286B, is deleted as duplicative of the
defined term "distribute", which is defined for this entire title in § 5-101 of
this title.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (b) of this section, the meaning
of the reference to some "other authority" that would make a
determination under this section is unclear. It may refer to a licensing
authority under § 5-810 of this title, or to some other unit. The parallel
provision of § 5-618 of this subtitle refers only to a determination by a
"court". The General Assembly may wish to consider reconciling this
section and § 5-618 of this subtitle.
Defined terms: "Controlled dangerous substance" § 5-101
"Distribute" § 5-101
"Noncontrolled substance" § 1-101
"Person" § 1-101
"Possess" § 5-101
5-618. POSSESSION OR PURCHASE OF NONCONTROLLED SUBSTANCE.
(A) IN GENERAL.
EXCEPT AS AUTHORIZED IN THIS TITLE, A PERSON MAY NOT POSSESS OR
PURCHASE A NONCONTROLLED SUBSTANCE THAT THE PERSON REASONABLY
BELIEVES IS A CONTROLLED DANGEROUS SUBSTANCE.
(B) CONSIDERATIONS.
TO DETERMINE IF A PERSON HAS VIOLATED THIS SECTION, THE COURT SHALL
INCLUDE IN ITS CONSIDERATION:
(1) WHETHER THE NONCONTROLLED SUBSTANCE WAS PACKAGED IN A
MANNER NORMALLY USED TO ILLEGALLY DISTRIBUTE A CONTROLLED DANGEROUS
SUBSTANCE;
(2) IF THE NONCONTROLLED SUBSTANCE WAS PURCHASED, WHETHER
THE AMOUNT OF THE 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) REASONABLE BELIEF NOT A DEFENSE.
IT IS NOT A DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE
SUBSTANCE A PERSON POSSESSED OR PURCHASED WAS NOT A CONTROLLED
DANGEROUS SUBSTANCE IF THE PERSON REASONABLY BELIEVED THAT IT WAS A
CONTROLLED DANGEROUS SUBSTANCE.
(D) PENALTY.
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- 442 -
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