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PARRIS N. GLENDENING, Governor
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Ch. 26
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Also in subsection (a)(2) of this section, the former phrase "as defined
under § 1-101 of the Education Article" is deleted because none of the
relevant references used in former Art. 27, § 286D(a)(1), "elementary
school", "secondary school", "school board", or "elementary or secondary
education", is defined in ED § 1-101.
In subsection (c)(1)(ii) of this section, the reference to "each" subsequent
violation is substituted for the former reference to "a second or" subsequent
violation for consistency within this article.
In subsection (e)(4) of this section, the former reference to "relying upon ...
testimony" is deleted in light of the broad reference to "introducing ...
evidence".
In subsection (e)(1), (2), (3), and (5) of this section, the references to a
"municipal corporation" are substituted for the former references to a
"municipality" to conform to the terminology used in Md. Constitution, Art.
XI-E.
In subsection (e)(1) of this section, the reference to a "unit" is substituted
for the former phrase "agency or department" for brevity. See General
Revisor's Note to article.
Defined terms: "Controlled dangerous substance" § 5-101
"County" § 1-101
"Dispense" § 5-101
"Distribute" § 5-101
"Manufacture" § 5-101
"Person" § 1-101
"Possess" § 5-101
5-628. USE OF MINOR
(A) PROHIBITED.
(1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A PERSON MAY NOT HIRE, SOLICIT, ENGAGE, OR USE A MINOR TO
MANUFACTURE, DELIVER, OR DISTRIBUTE ON BEHALF OF THAT PERSON A
CONTROLLED DANGEROUS SUBSTANCE IN SUFFICIENT QUANTITY TO REASONABLY
INDICATE UNDER ALL THE CIRCUMSTANCES AN INTENT TO DISTRIBUTE THE
CONTROLLED DANGEROUS SUBSTANCE.
(II) THIS PARAGRAPH DOES NOT PROHIBIT A PERSON FROM
HIRING, SOLICITING, ENGAGING, OR USING A MINOR TO MANUFACTURE, DELIVER,
OR DISTRIBUTE A CONTROLLED DANGEROUS SUBSTANCE IF THE MANUFACTURING,
DELIVERING, OR DISTRIBUTING HAS A LAWFUL PURPOSE.
(2) A PERSON MAY NOT TRANSPORT, CARRY, OR OTHERWISE BRING A
MINOR INTO THE STATE TO USE THE MINOR TO VIOLATE THIS SECTION OR § 5-602, §
5-603, § 5-604, § 5-605, § 5-606, § 5-612, § 5-613, § 5-617, OR § 5-627 OF THIS SUBTITLE.
(B) PENALTY.
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- 459 -
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