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Ch. 26
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PARRIS N. GLENDENING, Governor
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SUBSECTION (B) OF THIS SECTION, THE STATE SHALL PROVIDE WRITTEN NOTICE TO
THE DEFENDANT THAT THE STATE INTENDS TO:
(I) RELY ON THE AFFIDAVIT; AND
(II) INTRODUCE THE AFFIDAVIT INTO EVIDENCE AT THE
PROCEEDING.
(2) ON WRITTEN DEMAND OF A DEFENDANT FILED AT LEAST 5 DAYS
BEFORE THE PROCEEDING DESCRIBED IN SUBSECTION (A) OF THIS SECTION, THE
STATE SHALL REQUIRE THE PRESENCE OF THE AFFIANT AS A PROSECUTION
WITNESS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 305(b) and (c).
Throughout this section, the defined term "counterfeit" in various
grammatical inflections is substituted for the former references to
"forgery" and a "forged" prescription for consistency within this article.
In subsection (a)(2) of this section, the former reference to an authorized
provider "who is licensed by law to prescribe" is deleted as included in the
definition of that term. See § 5-101 of this title.
Defined terms: "Authorized provider" § 5-101
"Controlled dangerous substance" § 5-101
"Counterfeit" § 1-101
"Prescription drug" § 5-101
5-706. RESERVED.
5-707. RESERVED.
PART II. OTHER SUBSTANCES.
5-708. INHALANT.
(A) SCOPE OF SECTION.
(1) THIS SECTION APPLIES TO FINGERNAIL POLISH, MODEL AIRPLANE
GLUE, OR ANY OTHER SUBSTANCE THAT CAUSES INTOXICATION, INEBRIATION,
EXCITEMENT, STUPEFACTION, OR DULLING OF THE BRAIN OR NERVOUS SYSTEM
WHEN SMELLED OR INHALED.
(2) THIS SECTION DOES NOT APPLY TO:
(I) THE INHALATION OF ANAESTHESIA FOR MEDICAL OR DENTAL
PURPOSES; OR
(II) CONTROLLED DANGEROUS SUBSTANCES.
(B) PROHIBITED.
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- 467 -
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