EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1480*
HOUSE BILL 1480
E1 2lr3292
By: Delegate R. Jones
Introduced and read first time: March 1, 2022
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Controlled Dangerous Substances – Suspicious Order Reporting 2
FOR the purpose of altering a certain provision of law to require a registrant that 3
distributes controlled dangerous substances, rather than a registrant distributor, to 4
report suspicious orders of controlled dangerous substances to the Maryland 5
Department of Health and the Office of the Attorney General; and generally relating 6
to reporting suspicious orders of controlled dangerous substances. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 5–303 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Law 15
5–303. 16
(a) Unless the Department determines that the issuance of the registration is 17
inconsistent with the public interest, the Department shall register an applicant to 18
manufacture or distribute controlled dangerous substances included in Schedule I through 19
Schedule V. 20
(b) To determine the public interest, the Department shall consider: 21
(1) the maintenance of effective controls against diversion of particular 22
controlled dangerous substances and any Schedule I or Schedule II substance compounded 23
from a controlled dangerous substance into other than legitimate medical, scientific, or 24 2 HOUSE BILL 1480
industrial channels; 1
(2) compliance with applicable federal, State, and local law; 2
(3) any convictions of the applicant under federal, State, and local laws 3
relating to the manufacture, distribution, or dispensing of controlled dangerous substances; 4
(4) the applicant’s experience in the manufacture and distribution of 5
controlled dangerous substances and the effectiveness of the applicant’s controls against 6
diversion; and 7
(5) any other factor that is relevant to and consistent with public health 8
and safety. 9
(c) (1) A registrant may manufacture or distribute only a controlled dangerous 10
substance that is specified in the registration. 11
(2) A manufacturer or distributor who complies with federal law on 12
registration, other than fees, is deemed to have complied with this section. 13
(d) (1) A registrant may distribute controlled dangerous substances in 14
Schedule I and Schedule II only in accordance with an order form. 15
(2) A registrant who complies with federal law on order forms for Schedule 16
I and Schedule II is deemed to have complied with this subsection. 17
(e) (1) A registrant [distributor] THAT DISTRIBUTES CON TROLLED 18
DANGEROUS SUBSTANCES shall report to the Department and the Office of the Attorney 19
General any suspicious order of controlled dangerous substances, including an order: 20
(i) of unusual size; 21
(ii) of unusual frequency; or 22
(iii) that deviates substantially from a normal pattern. 23
(2) A registrant [distributor] THAT DISTRIBUTES CON TROLLED 24
DANGEROUS SUBSTANCES may satisfy the reporting requirement under paragraph (1) of 25
this subsection by providing to the Department and the Office of the Attorney General 26
copies of reports made under 21 C.F.R. § 1301.74(b). 27
(3) Unless disclosed in the course of an administrative, civil, or criminal 28
investigation or proceeding initiated to enforce local, State, or federal law or to protect the 29
public health, a report made under paragraph (1) of this subsection shall be maintained 30
confidentially. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 HOUSE BILL 1480 3
October 1, 2022. 1