EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0033*
HOUSE BILL 33
E1 2lr1215
(PRE–FILED) CF 2lr1660
By: Delegate Shetty
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Controlled Dangerous Substances – Schedules – Adjustment 2
FOR the purpose of repealing certain lists of substances designated as controlled dangerous 3
substances under certain schedules under the Maryland Controlled Substances Act; 4
and generally relating to schedules of controlled dangerous substances. 5
BY repealing and reenacting, with amendments, 6
Article – Criminal Law 7
Section 5–101(z) through (dd) and 5–402 through 5–406 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – Criminal Law 12
Section 5–202(a), (b), and (f) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Law 18
5–101. 19
(z) “Schedule I” means [a list of] THE controlled dangerous substances [that 20
appears] DESCRIBED in § 5–402 of this title. 21
2 HOUSE BILL 33
(aa) “Schedule II” means [a list of] THE controlled dangerous substances [that 1
appears] DESCRIBED in § 5–403 of this title. 2
(bb) “Schedule III” means [a list of] THE controlled dangerous substances [that 3
appears] DESCRIBED in § 5–404 of this title. 4
(cc) “Schedule IV” means [a list of] THE controlled dangerous substances [that 5
appears] DESCRIBED in § 5–405 of this title. 6
(dd) “Schedule V” means [a list of] THE controlled dangerous substances [that 7
appears] DESCRIBED in § 5–406 of this title. 8
5–202. 9
(a) The Department shall control all substances listed in Subtitle 4 of this title. 10
(b) In accordance with the Administrative Procedure Act, the Department may 11
add a substance as a controlled dangerous substance on its own initiative or on the petition 12
of an interested party. 13
(f) (1) A new substance that is designated as a controlled substance under 14
federal law is a similarly controlled dangerous substance under this title unless the 15
Department objects to the inclusion. 16
(2) If the Department objects, it shall publish the reasons for the objection 17
and give each interested party an opportunity to be heard. 18
(3) After the hearing, the Department shall publish its decision, which is 19
final. 20
(4) An action for judicial review of a final decision made in accordance with 21
this section does not stay the effect of the decision. 22
5–402. 23
(a) Schedule I consists of each [controlled dangerous substance]: 24
(1) [listed in] CONTROLLED DANGEROUS SUBSTANCE ANALOGUE , AS 25
DEFINED IN SUBSECTIO N (B) OF this section; 26
(2) CONTROLLED DANGEROUS SUBSTANCE added to Schedule I by the 27
Department under § 5–202(b) of this title; [or] AND 28
(3) CONTROLLED DANGEROUS SUBSTANCE designated as a Schedule I 29
controlled dangerous substance by the federal government unless the Department objects 30
under § 5–202(f) of this title. 31 HOUSE BILL 33 3
[(b) Unless specifically excepted under this subtitle or listed in another schedule, 1
any of the following opiates, including their isomers, including optical and geometric 2
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the 3
existence of such isomers, esters, ethers, or salts is possible within the specific chemical 4
designation, are substances listed in Schedule I: 5
(1) acetyl–alpha–methylfentanyl (N –[1–(1–methyl–2–phenethyl)–4–6
piperidinyl]–N–phenylacetamide); 7
(2) acetylmethadol; 8
(3) acetyl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylacetamide); 9
(4) Acryl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylacrylamide; 10
(5) AH–7921 (3,4–dichloro–N–[(1–dimethylamino) cyclohexylmethyl]) 11
benzamide; 12
(6) allylprodine; 13
(7) alphacetylmethadol, except levo–alphacetylmethadol; 14
(8) alphameprodine; 15
(9) alphamethadol; 16
(10) alpha–methylfentanyl (N–[1–(alpha–methyl–beta–phenyl)ethyl–4–17
piperidyl] propionanilide; 1–(1–methyl–2–phenylethyl)–4–(N–propanilido) piperidine); 18
(11) alpha–methylthiofentanyl (N –[1–methyl–2–(2–thienyl)ethyl–4–19
piperidinyl]–N–phenylpropanamide); 20
(12) benzethidine; 21
(13) betacetylmethadol; 22
(14) beta–hydroxyfentanyl (N–[1–(2–hydroxy–2–phenethyl)–4–23
piperidinyl]–N–phenylpropanamide); 24
(15) beta–hydroxy–3–methylfentanyl; 25
(16) N–[1–[2–hydroxy–2–(thiophen–2–yl)ethyl]piperidin–4–yl]–N–26
phenylpropionamide; 27
(17) betameprodine; 28
4 HOUSE BILL 33
(18) betamethadol; 1
(19) betaprodine; 2
(20) butyryl fentanyl (N –(1–phenethylpiperidin–4–yl)–N–3
phenylbutyramide); 4
(21) clonitazene; 5
(22) dextromoramide; 6
(23) diampromide; 7
(24) diethylthiambutene; 8
(25) difenoxin; 9
(26) dimenoxadol; 10
(27) dimepheptanol; 11
(28) dimethylthiambutene; 12
(29) dioxaphetyl butyrate; 13
(30) dipipanone; 14
(31) ethylmethylthiambutene; 15
(32) etonitazene; 16
(33) etoxeridine; 17
(34) 4–Fluoroisobutyryl fentanyl (N –(4–fluorophenyl)–N–(1–18
phenethylpiperidin–4–yl)isobutyramide; 19
(35) furanyl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylfuran–2–20
carboxamide); 21
(36) furethidine; 22
(37) hydroxypethidine; 23
(38) ketobemidone; 24
(39) levomoramide; 25
HOUSE BILL 33 5
(40) levophenacylmorphan; 1
(41) 3–methylfentanyl (N–[3–methyl–1–(2–phenylethyl)–4–piperidyl]–N–2
phenylpropanamide); 3
(42) 3–methylthiofentanyl; 4
(43) morpheridine; 5
(44) MPPP (1–methyl–4–phenyl–4–propionoxypiperidine); 6
(45) mt–45 (1–cyclohexyl–4–(1,2–diphenylethyl)piperazine); 7
(46) noracymethadol; 8
(47) norlevorphanol; 9
(48) normethadone; 10
(49) norpipanone; 11
(50) ocfentanil (N–(2–fluorophenyl)–2–methoxy–N–(1–phenethylpiperidin–12
4–yl)acetamide); 13
(51) para–fluorofentanyl (N–(4–fluorophenyl)–N–[1–(2–phenethyl)–4–14
piperidinyl] propanamide; 15
(52) PEPAP (1–(–2–phenethyl)–4–phenyl–4–acetoxypiperidine); 16
(53) phenadoxone; 17
(54) phenampromide; 18
(55) phenomorphan; 19
(56) phenoperidine; 20
(57) piritramide; 21
(58) proheptazine; 22
(59) properidine; 23
(60) propiram; 24
(61) racemoramide; 25
6 HOUSE BILL 33
(62) tetrahydrofuranyl fentanyl (N –(1–phenethylpiperidin–4–yl)–N–1
phenyltetrahydrofuran–2–carboxamide); 2
(63) thiofentanyl; 3
(64) tilidine; 4
(65) trimeperidine; and 5
(66) U–47700 (3,4 –dichloro–N–[2–(dimethylamino)cyclohexyl]–N–6
methylbenzamide). 7
(c) Unless specifically excepted under this subtitle or listed in another schedule, 8
any of the following opium derivatives, including their salts, isomers, and salts of isomers, 9
whenever the existence of such salts, isomers, or salts of isomers is possible within the 10
specific chemical designation, are substances listed in Schedule I: 11
(1) acetorphine; 12
(2) acetyldihydrocodeine; 13
(3) benzylmorphine; 14
(4) codeine methylbromide; 15
(5) codeine–N–oxide; 16
(6) cyprenorphine; 17
(7) desomorphine; 18
(8) dihydromorphine; 19
(9) drotebanol; 20
(10) etorphine (except hydrochloride salt); 21
(11) heroin; 22
(12) hydromorphinol; 23
(13) methyldesorphine; 24
(14) methyldihydromorphine; 25
(15) morphine methylbromide; 26
HOUSE BILL 33 7
(16) morphine methylsulfonate; 1
(17) morphine–N–oxide; 2
(18) myrophine; 3
(19) nicocodeine; 4
(20) nicomorphine; 5
(21) normorphine; 6
(22) pholcodine; and 7
(23) thebacon. 8
(d) Unless specifically excepted under this subtitle or listed in another schedule, 9
any material, compound, mixture, or preparation that contains any quantity of the 10
following hallucinogenic substances, or that contains any of its salts, isomers, including 11
optical, position, and geometric isomers, or salts of isomers, whenever the existence of such 12
salts, isomers, or salts of isomers is possible within the specific chemical designation, is a 13
substance listed in Schedule I: 14
(1) alpha–ethyltryptamine; 15
(2) 4–bromo–2,5–dimethoxy–amphetamine; 16
(3) 4–bromo–2,5–dimethoxyphenethylamine; 17
(4) 2,5–dimethoxyamphetamine; 18
(5) 2,5–dimethoxy–4–ethylamphetamine (DOET); 19
(6) 2,5–dimethoxy–4–(n)–propylthiophenethylamine (2C–T–7); 20
(7) 4–methoxyamphetamine (PMA); 21
(8) 5–methoxy–3,4–methylenedioxy–amphetamine; 22
(9) 4–methyl–2,5–dimethoxy–amphetamine; 23
(10) 3,4–methylenedioxy amphetamine; 24
(11) 3,4–methylenedioxymethamphetamine (MDMA); 25
(12) 3,4–methylenedioxy–N–ethylamphetamine (MDA); 26
8 HOUSE BILL 33
(13) N–hydroxy–3,4–methylenedioxyamphetamine; 1
(14) 3,4,5–trimethoxyamphetamine; 2
(15) 5–methoxy–N, N–dimethyltryptamine; 3
(16) alpha–methyltryptamine (AMT); 4
(17) bufotenine; 5
(18) diethyltryptamine (DET); 6
(19) dimethyltryptamine (DMT); 7
(20) 5–methoxy–N, N–diisopropyltryptamine (5–MeO–DIPT); 8
(21) ibogaine; 9
(22) lysergic acid diethylamide; 10
(23) marijuana; 11
(24) mescaline; 12
(25) parahexyl–7374; 13
(26) peyote (meaning all parts of the plant presently classified botanically 14
as Lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extract 15
from any part of such plant, and every compound, manufacture, salt, derivative, mixture, 16
or preparation of such plant, its seeds, or extracts); 17
(27) N–ethyl–3–piperidyl benzilate; 18
(28) N–methyl–3–piperidyl benzilate; 19
(29) psilocybin; 20
(30) psilocyn; 21
(31) tetrahydrocannabinols; 22
(32) ethylamine analog of phencyclidine (N –ethyl–1–23
phenylcyclohexylamine); 24
(33) pyrrolidine analog of phencyclidine (1 –(1–phenylcyclohexyl)–25
pyrrolidine); 26
HOUSE BILL 33 9
(34) thiophene analog of phencyclidine (1–[1–(2–thienyl)–cyclohexyl]–1
piperidine); 2
(35) 1–[1–(2–thienyl)cyclohexyl]pyrrolidine; 3
(36) 4–methylmethcathinone (mephedrone); 4
(37) 3, 4–methylenedioxypyrovalerone (MDPV); 5
(38) 2–(2,5–dimethoxy–4–ethylphenyl) ethanamine (2C–E); 6
(39) 2–(2,5–dimethoxy–4–methylphenyl) ethanamine (2C–D); 7
(40) 2–(4–chloro–2,5–dimethoxyphenyl) ethanamine (2C–C); 8
(41) 2–(4–iodo–2,5–dimethoxyphenyl) ethanamine (2C–I); 9
(42) 2–[4–(ethylthio)–2,5–dimethoxyphenyl] ethanamine (2C–T–2); 10
(43) 2–[4–(isopropylthio)–2,5–dimethoxyphenyl] ethanamine (2C–T–4); 11
(44) 2–(2,5–dimethoxyphenyl) ethanamine (2C–H); 12
(45) 2–(2,5–dimethoxy–4–nitro–phenyl) ethanamine (2C–N); 13
(46) 2–(2,5–dimethoxy–4–(n)–propylphenyl) ethanamine (2C–P); 14
(47) 3,4–methylenedioxy–N–methylcathinone (methylone); 15
(48) (1–pentyl–1H–indol–3–yl) (2,2,3,3–tetramethylcyclopropyl) methanone 16
(UR–144); 17
(49) [1–(5–fluoro–pentyl)–1H–indol–3–yl](2,2,3,3–tetramethylcyclopropyl) 18
methanone (5–fluoro–UR–144, XLR11); 19
(50) N–(1–adamantyl)–1–pentyl–1H–indazole–3–carboxamide (APINACA, 20
AKB48); 21
(51) quinolin–8–yl 1–pentyl–1H–indole–3–carboxylate (PB–22); 22
(52) quinolin–8–yl 1–(5–fluoropentyl)–1H–indole–3–carboxylate (5–fluoro–23
PB–22); 24
(53) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–(4–fluorobenzyl)–1H–25
indazole–3–carboxamide (AB–FUBINACA); 26
10 HOUSE BILL 33
(54) N–(1–amino–3, 3 –dimethyl–1–oxobutan–2–yl)–1–pentyl–1H–1
indazole–3–carboxamide (ADB–PINACA); 2
(55) 2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine 3
(25I–NBOMe); 4
(56) 2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine 5
(25C–NBOMe); 6
(57) 2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine 7
(25B–NBOMe); 8
(58) marijuana extract (meaning an extract containing one or more 9
cannabinoids that has been derived from any plant of the genus cannabis, other than the 10
separated resin, whether crude or purified, obtained from the plant); 11
(59) 4–methyl–N–ethylcathinone (4–MEC); 12
(60) 4–methyl–alpha–pyrrolidinopropiophenone (4–MePPP); 13
(61) alpha–pyrrolidinopentiophenone (alpha–PVP); 14
(62) 1–(1,3–benzodioxol–5–yl)–2–(methylamino) butan–1–one (butylone); 15
(63) 2–(methylamino)–1–phenylpentan–1–one (pentedrone); 16
(64) 1–(1,3–benzodioxol–5–yl)–2–(methylamino) pentan–1–one (pentylone); 17
(65) 4–fluoro–N–methylcathinone (flephedrone); 18
(66) 3–fluoro–N–methylcathinone (3–FMC); 19
(67) 1–(naphthalen–2–yl)–2–(pyrrolidin–1–yl)pentan–1–one (naphyrone); 20
(68) alpha–pyrrolidinobutiophenone (alpha–PBP); 21
(69) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–(cyclohexylmethyl)–1H–22
indazole–3–carboxamide (AB–CHMINACA); 23
(70) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–pentyl–1H–indazole–3–24
carboxamide (AB–PINACA); 25
(71) [1–(5–fluoropentyl)–1H–indazol–3–yl](naphthalen–1–yl)methanone 26
(THJ–2201); and 27
(72) N–(1–amino–3,3–dimethyl–1–oxobutan–2–yl)–1–(cyclohexylmethyl)–28
1H–indazole–3–carboxamide (MAB–CHMINACA). 29 HOUSE BILL 33 11
(e) Unless specifically excepted under this subtitle or listed in another schedule, 1
a material, compound, mixture, or preparation that contains any quantity of the following 2
substances having depressant effects on the central nervous system, or that contains its 3
salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of 4
isomers is possible within the specific chemical designation, is a substance listed in 5
Schedule I: 6
(1) gamma–hydroxybutyric acid (GHB); 7
(2) mecloqualone; and 8
(3) methaqualone. 9
(f) Unless specifically excepted or listed in another schedule, any material, 10
compound, mixture, or preparation that contains any quantity of the following substances 11
having a stimulant effect on the central nervous system, or that contains its salts, isomers, 12
or salts of isomers, is a substance listed in Schedule I: 13
(1) aminorex; 14
(2) N–benzylpiperazine (BZP); 15
(3) cathinone; 16
(4) fenethylline; 17
(5) methcathinone; 18
(6) (±)cis–4–methylaminorex ((±)cis–4,5–dihydro–4–methyl–5–phenyl–2–19
oxazolamine); 20
(7) N–ethylamphetamine; and 21
(8) N, N–dimethylamphetamine. 22
(g) Unless specifically excepted under this subtitle or listed in another schedule, 23
any material, compound, mixture, or preparation that contains any quantity of the 24
following substances, or that contains their salts, isomers, or salts of isomers, whenever the 25
existence of such salts, isomers, or salts of isomers is possible within the specific chemical 26
designation, is a substance listed in Schedule I: 27
(1) 5–(1, 1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol 28
(CP–47,497); 29
(2) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–30
47,497 C8 homolog); 31 12 HOUSE BILL 33
(3) 1–pentyl–3–(1–naphthoyl) indole (JWH–018 and AM678); 1
(4) 1–butyl–3–(1–naphthoyl) indole (JWH–073); 2
(5) 1–hexyl–3–(1–naphthoyl) indole (JWH–019); 3
(6) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl) indole (JWH–200); 4
(7) 1–pentyl–3–(2–methoxyphenylacetyl) indole (JWH–250); 5
(8) 1–pentyl–3–[1–(4–methoxynaphthoyl)] indole (JWH–081); 6
(9) 1–pentyl–3–(4–methyl–1–naphthoyl) indole (JWH–122); 7
(10) 1–pentyl–3–(4–chloro–1–naphthoyl) indole (JWH–398); 8
(11) 1–(5–fluoropentyl)–3–(1–naphthoyl) indole (AM2201); 9
(12) 1–(5–fluoropentyl)–3–(2–iodobenzoyl) indole (AM694); 10
(13) 1–pentyl–3–[(4–methoxy)–benzoyl] indole (SR–19 and RCS–4); 11
(14) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl) indole 7008 (SR–18 and 12
RCS–8); and 13
(15) 1–pentyl–3–(2–chlorophenylacetyl) indole (JWH–203). 14
(h)] (B) (1) In this subsection: 15
(i) “controlled dangerous substance analogue” means a substance: 16
1. that has a chemical structure substantially similar to the 17
chemical structure of a controlled dangerous substance [listed] DESCRIBED in Schedule I 18
or Schedule II; and 19
2. that has a stimulant, depressant, or hallucinogenic effect 20
on the central nervous system that is substantially similar to or greater than the stimulant, 21
depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous 22
substance [listed] DESCRIBED in Schedule I or Schedule II; but 23
(ii) “controlled dangerous substance analogue” does not include: 24
1. a controlled dangerous substance; 25
2. a substance for which there is an approved new drug 26
application; or 27 HOUSE BILL 33 13
3. a substance exempted for investigational use under § 506 1
of the Federal Food, Drug, and Cosmetic Act. 2
(2) To the extent intended for human consumption, each controlled 3
dangerous substance analogue is a substance [listed] DESCRIBED in Schedule I. 4
[(i)] (C) The Department may not add a substance to Schedule I under § 5–202 5
of this title unless the Department finds: 6
(1) a high potential for abuse of the substance; 7
(2) no accepted medical use in the United States for the substance; and 8
(3) a lack of accepted safety for use of the substance under medical 9
supervision. 10
5–403. 11
(a) Schedule II consists of each controlled dangerous substance: 12
[(1) listed in this section; 13
(2)] (1) added to Schedule II by the Department under § 5–202(b) of this 14
title; or 15
[(3)] (2) designated as a Schedule II controlled dangerous substance by 16
the federal government unless the Department objects under § 5–202(f) of this title. 17
[(b) Unless specifically excepted or unless listed in another schedule, any of the 18
following substances whether produced directly or indirectly by extraction from substances 19
of vegetable origin, or independently by means of chemical synthesis, or by a combination 20
of extraction and chemical synthesis: 21
(1) opium and opiate, and any salt, compound, derivative, or preparation 22
of opium or opiate excluding apomorphine, thebaine–derived butorphanol, dextrorphan, 23
nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, and naltrexone, and their 24
respective salts, but including the following: 25
(i) codeine; 26
(ii) dihydroetorphine; 27
(iii) ethylmorphine; 28
(iv) etorphine hydrochloride; 29 14 HOUSE BILL 33
(v) granulated opium; 1
(vi) hydrocodone; 2
(vii) hydromorphone; 3
(viii) metopon; 4
(ix) morphine; 5
(x) opium extracts; 6
(xi) opium fluid; 7
(xii) oripavine; 8
(xiii) oxycodone; 9
(xiv) oxymorphone; 10
(xv) powdered opium; 11
(xvi) raw opium; 12
(xvii) thebaine; and 13
(xviii) tincture of opium; 14
(2) any salt, compound, derivative, or preparation thereof which is 15
chemically equivalent or identical with any of the substances referred to in item (1) of this 16
subsection, except that these substances may not include the isoquinoline alkaloids of 17
opium; 18
(3) opium poppy and poppy straw; 19
(4) coca leaves and any salt, compound, derivative, or preparation of coca 20
leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of 21
isomers and derivatives, and any salt, compound, derivative, or preparation thereof which 22
is chemically equivalent or identical with any of these substances, except that the 23
substances may not include: 24
(i) decocainized coca leaves or extraction of coca leaves, which 25
extractions do not contain cocaine or ecgonine; or 26
(ii) ioflupane; and 27
HOUSE BILL 33 15
(5) concentrate of poppy straw (the crude extract of poppy straw in either 1
liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium 2
poppy). 3
(c) Unless specifically excepted or unless in another schedule any of the following 4
opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers 5
whenever the existence of such isomers, esters, ethers, and salts is possible within the 6
specific chemical designation, dextrorphan and levopropoxyphene excepted: 7
(1) alfentanil; 8
(2) alphaprodine; 9
(3) anileridine; 10
(4) bezitramide; 11
(5) bulk dextropropoxyphene (non–dosage forms); 12
(6) carfentanil; 13
(7) dihydrocodeine; 14
(8) diphenoxylate; 15
(9) fentanyl; 16
(10) isomethadone; 17
(11) levo–alphacetylmethadol; 18
(12) levomethorphan; 19
(13) levorphanol; 20
(14) metazocine; 21
(15) methadone; 22
(16) methadone – intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl 23
butane; 24
(17) moramide – intermediate, 2–methyl–3–morpholino–1, 1–25
diphenylpropane–carboxylic acid; 26
(18) pethidine (meperidine); 27
16 HOUSE BILL 33
(19) pethidine – intermediate – A, 4–cyano–1–methyl–4–phenylpiperidine; 1
(20) pethidine – intermediate – B, ethyl–4–phenylpiperidine–4–carboxylate; 2
(21) pethidine – intermediate – C, 1–methyl–4–phenylpiperidine–4–3
carboxylic acid; 4
(22) phenazocine; 5
(23) piminodine; 6
(24) racemethorphan; 7
(25) racemorphan; 8
(26) remifentanil; 9
(27) sulfentanil; 10
(28) tapentadol; and 11
(29) thiafentanil. 12
(d) Unless specifically excepted under this subtitle or listed in another schedule, 13
a substance is listed in Schedule II if the substance includes a material, compound, mixture, 14
or preparation that contains any quantity of the following substances having a potential 15
for abuse associated with a stimulant effect on the central nervous system: 16
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers; 17
(2) methamphetamine, its salts, isomers, and salts of isomers; 18
(3) phenmetrazine and its salts; 19
(4) methylphenidate; and 20
(5) lisdexamfetamine, its salts, isomers, and salts of isomers. 21
(e) Unless specifically excepted under this subtitle or listed in another schedule, 22
a substance is listed in Schedule II if the substance includes a material, compound, mixture, 23
or preparation that contains any quantity of the following substances having a depressant 24
effect on the central nervous system, including its salts, isomers, and salts of isomers 25
whenever the existence of such salts, isomers, and salts of isomers is possible within the 26
specific chemical designation: 27
(1) amobarbital; 28
HOUSE BILL 33 17
(2) glutethimide; 1
(3) pentobarbital; 2
(4) phencyclidine; and 3
(5) secobarbital. 4
(f) As listed in Schedule II under Title 21 of the Code of Federal Regulations: 5
(1) nabilone; and 6
(2) dronabinol [(–)–delta–9–trans tetrahydrocannabinol] in an oral 7
solution in a drug product approved for marketing by the United States Food and Drug 8
Administration. 9
(g) Unless specifically excepted or unless listed in another schedule, any material, 10
compound, mixture, or preparation which contains any quantity of the following 11
substances: 12
(1) immediate precursor to amphetamine and methamphetamine: 13
(i) phenylacetone; and 14
(ii) reserved; 15
(2) immediate precursors to phencyclidine (PCP): 16
(i) 1–phenylcyclohexylamine; and 17
(ii) 1–piperidinocyclohexanecarbonitrile (PCC); and 18
(3) immediate precursor to fentanyl: 19
(i) 4–anilino–N–phenethylpiperidine (ANPP); and 20
(ii) reserved. 21
(h)] (B) The Department may not add a substance to Schedule II under § 5–202 22
of this title unless the Department finds: 23
(1) a high potential for abuse of the substance; 24
(2) currently accepted medical use of the substance in the United States, 25
or currently accepted medical use with severe restrictions; and 26
18 HOUSE BILL 33
(3) evidence that abuse of the substance may lead to severe psychological 1
or physical dependence. 2
5–404. 3
(a) Schedule III consists of each controlled dangerous substance by whatever 4
official name, common or usual name, chemical name, or brand name [designated]: 5
[(1) listed in this section; 6
(2)] (1) added to Schedule III by the Department under § 5–202(b) of this 7
title; or 8
[(3)] (2) designated as a Schedule III controlled dangerous substance by 9
the federal government unless the Department objects under § 5–202(f) of this title. 10
[(b) (1) Unless specifically excepted or listed in another schedule, a substance 11
is listed in Schedule III if the substance includes a material, compound, mixture, or 12
preparation that contains any quantity of the following substances having a stimulant 13
effect on the central nervous system: 14
(i) those compounds, mixtures, or preparations in dosage unit form 15
containing any stimulant substances listed in Schedule II, which compounds, mixtures, or 16
preparations were listed on August 25, 1971, as excepted compounds under § 1308.32 of the 17
Code of Federal Regulations, and any other drug of the quantitative composition shown in 18
that list for those drugs or that is the same except that it contains a lesser quantity of 19
controlled substances; 20
(ii) benzphetamine; 21
(iii) chlorphentermine; 22
(iv) clortermine; and 23
(v) phendimetrazine. 24
(2) Subject to paragraph (3) of this subsection, substances in Schedule III 25
include: 26
(i) a salt of a substance listed in this subsection; 27
(ii) an optical, position, or geometric isomer of a substance listed in 28
this subsection; or 29
(iii) a salt of an isomer of a substance listed in this subsection. 30
HOUSE BILL 33 19
(3) Unless listed in another schedule, a salt, isomer, or salt of an isomer 1
described in paragraph (2) of this subsection may be included in Schedule III only if the 2
existence of the salts, isomers, and salts of isomers is possible within the specific chemical 3
designation. 4
(c) Unless listed in another schedule, a substance is listed in Schedule III if the 5
substance includes a material, compound, mixture, or preparation that contains any 6
quantity of the following substances having a potential for abuse associated with a 7
depressant effect on the central nervous system: 8
(1) any compound, mixture, or preparation containing: 9
(i) amobarbital; 10
(ii) secobarbital; 11
(iii) pentobarbital; or 12
(iv) any salt thereof and one or more other active medicinal 13
ingredients that are not listed in any schedule; 14
(2) any suppository dosage form containing: 15
(i) amobarbital; 16
(ii) secobarbital; 17
(iii) pentobarbital; or 18
(iv) any salt of any of these drugs and approved by the U.S. Food and 19
Drug Administration for marketing only as a suppository; 20
(3) except those substances that are specifically listed in other schedules, 21
a substance that contains any quantity of a derivative of barbituric acid, a salt of a 22
derivative of a barbituric acid, or butalbital, including, with one or more active, nonnarcotic 23
ingredients in recognized therapeutic amounts, (Fioricet) and (Fiorinal); 24
(4) chlorhexadol; 25
(5) embutramide; 26
(6) any drug product containing gamma hydroxybutyric acid, including its 27
salts, isomers, and salts of isomers, for which an application is approved under Section 505 28
of the Federal Food, Drug, and Cosmetic Act; 29
(7) ketamine, its salts, isomers, and salts of isomers; 30
20 HOUSE BILL 33
(8) lysergic acid; 1
(9) lysergic acid amide; 2
(10) methyprylon; 3
(11) perampanel, and its salts, isomers, and salts of isomers (FYCOMPA); 4
(12) sulfondiethylmethane; 5
(13) sulfonethylmethane; 6
(14) sulfonmethane; and 7
(15) tiletamine and zolazepam or any salt thereof, including a tiletamine–8
zolazepam combination product (trade name Telazol). 9
(d) As listed in Schedule III under Title 21 of the Code of Federal Regulations, 10
nalorphine 9400. 11
(e) Unless specifically excepted or unless listed in another schedule: 12
(1) substances listed in Schedule III include any material, compound, 13
mixture, or preparation containing any of the following narcotic drugs, or their salts 14
calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: 15
(i) not more than 1.80 grams of codeine per 100 milliliters or not 16
more than 90 milligrams per dosage unit, with an equal or greater quantity of an 17
isoquinoline alkaloid of opium; 18
(ii) not more than 1.80 grams of codeine per 100 milliliters or not 19
more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients 20
in recognized therapeutic amounts; 21
(iii) not more than 1.80 grams of dihydrocodeine per 100 milliliters 22
or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic 23
ingredients in recognized therapeutic amounts; 24
(iv) not more than 300 milligrams of ethylmorphine per 100 25
milliliters or not more than 15 milligrams per dosage unit, with one or more active, 26
nonnarcotic ingredients in recognized therapeutic amounts; 27
(v) not more than 500 milligrams of opium per 100 milliliters or per 28
100 grams, or not more than 25 milligrams per dosage unit, with one or more active, 29
nonnarcotic ingredients in recognized therapeutic amounts; 30
HOUSE BILL 33 21
(vi) not more than 100 milligrams of opium per 100 milliliters or per 1
100 grams, or not more than 5 milligrams per dosage unit; and 2
(vii) not more than 50 milligrams of morphine per 100 milliliters or 3
per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic 4
amounts. 5
(2) any material, compound, mixture, or preparation containing any of the 6
following narcotic drugs or their salts, as set forth below: 7
(i) buprenorphine; and 8
(ii) reserved. 9
(3) if not combined with one or more active medicinal ingredients that are 10
listed in another schedule, substances listed in Schedule III include a suppository dosage 11
form or salt of a suppository dosage that contains: 12
(i) amobarbital; 13
(ii) secobarbital; or 14
(iii) pentobarbital. 15
(f) (1) Except as provided in paragraph (2) of this subsection, an anabolic 16
steroid consisting of any material, compound, mixture, or preparation containing any 17
quantity of the following substances, including its salts, esters, and ethers: 18
(i) 3beta,17–dihydroxy–5a–androstane; 19
(ii) 3alpha,17beta–dihydroxy–5a–androstane; 20
(iii) 5 alpha–androstan–3,17–dione; 21
(iv) 1–androstenediol (3beta,17beta–dihydroxy–5alpha–androst–1–22
ene); 23
(v) 1–androstenediol (3alpha,17beta–dihydroxy–5alpha–androst–24
1–ene); 25
(vi) 4–androstenediol (3beta,17beta–dihydroxy–androst–4–ene); 26
(vii) 5–androstenediol (3beta,17beta–dihydroxy–androst–5–ene); 27
(viii) 1–androstenedione; 28
(ix) 4–androstenedione; 29 22 HOUSE BILL 33
(x) 5–androstenedione; 1
(xi) bolasterone; 2
(xii) boldenone; 3
(xiii) boldione; 4
(xiv) calusterone; 5
(xv) chlorotestosterone (clostebol); 6
(xvi) dehydrochloromethyltestosterone; 7
(xvii) desoxymethyltestosterone; 8
(xviii) delta1–dihydrotestosterone (17beta–hydroxy–5alpha–androst–9
1–en–3–one); 10
(xix) dihydrotestosterone (4–dihydrotestosterone) (17beta–hydroxy–11
androstan–3–one) (stanolone); 12
(xx) drostanolone; 13
(xxi) ethylestrenol; 14
(xxii) fluoxymesterone; 15
(xxiii) formebolone; 16
(xxiv) furazabol; 17
(xxv) 13beta–ethyl–17beta–hydroxygon–4–en–3–one; 18
(xxvi) 4–hydroxytestosterone; 19
(xxvii) 4–hydroxy–19–nortestosterone; 20
(xxviii) mestanolone (17alpha –methyl–17beta–hydroxy–5–21
androstan–3–one); 22
(xxix) mesterolone; 23
(xxx) methandienone (methandrostenolone) (17alpha –methyl–24
17beta–hydroxyandrost–1,4–dien–3–one); 25
HOUSE BILL 33 23
(xxxi) methandriol; 1
(xxxii) methasterone; 2
(xxxiii) methenolone; 3
(xxxiv) 17alpha–methyl–3beta, 17beta –dihydroxy–5a–4
androstane; 5
(xxxv) 17alpha–methyl–3alpha, 17beta–dihydroxy–5a–androstane; 6
(xxxvi) 17alpha–methyl–3beta, 17beta–dihydroxyandrost–4–ene; 7
(xxxvii) 17alpha–methyl–4–hydroxynandrolone; 8
(xxxviii) methyldienolone; 9
(xxxix) methyltrienolone; 10
(xl) methyltestosterone; 11
(xli) mibolerone; 12
(xlii) 17alpha–methyl–delta1–dihydrotestosterone; 13
(xliii) nandrolone; 14
(xliv) 19–nor–4–androstenediol (3beta, 17beta–dihydroxyestr–4–ene); 15
(xlv) 19–nor–4–androstenediol (3alpha, 17beta–dihydroxyestr–4–16
ene); 17
(xlvi) 19–nor–5–androstenediol (3beta, 17beta–dihydroxyestr–5–ene); 18
(xlvii) 19–nor–5–androstenediol (3alpha, 17beta–dihydroxyestr–5–19
ene); 20
(xlviii) 19–nor–4,9(10)–androstadienedione; 21
(xlix) 19–nor–4–androstenedione; 22
(l) 19–nor–5–androstenedione; 23
(li) norbolethone (13beta, 17alpha–diethyl–17beta–hydroxygon–4–24
en–3–one); 25
(lii) norclostebol; 26 24 HOUSE BILL 33
(liii) norethandrolone; 1
(liv) normethandrolone; 2
(lv) oxandrolone; 3
(lvi) oxymesterone; 4
(lvii) oxymetholone; 5
(lviii) prostanozol; 6
(lix) stanozolol; 7
(lx) stenbolone; 8
(lxi) testolactone; 9
(lxii) testosterone; 10
(lxiii) tetrahydrogestrinone; and 11
(lxiv) trenbolone. 12
(2) The following substances are not included in Schedule III: 13
(i) an estrogen, progestin, or corticosteroid; or 14
(ii) a substance covered by paragraph (1) of this subsection if: 15
1. expressly intended for administration through implants to 16
cattle or other nonhuman species; and 17
2. approved for that use by the U.S. Food and Drug 18
Administration. 19
(g) Hallucinogenic substances include: 20
(1) dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin 21
capsule in a U.S. Food and Drug Administration–approved product; and 22
(2) reserved. 23
(h)] (B) The Department may not add a substance to Schedule III under § 24
5–202 of this title unless the Department finds: 25
HOUSE BILL 33 25
(1) a potential for abuse of the substance that is less than that for the 1
substances listed in Schedule I and Schedule II; 2
(2) well documented and approved medical use of the substance in the 3
United States; and 4
(3) evidence that abuse of the substance may lead to moderate or low 5
physical dependence or high psychological dependence. 6
5–405. 7
(a) Schedule IV consists of each controlled dangerous substance: 8
[(1) listed in this section; 9
(2)] (1) added to Schedule IV by the Department under § 5–202(b) of this 10
title; or 11
[(3)] (2) designated as a Schedule IV controlled dangerous substance by 12
the federal government unless the Department objects under § 5–202(f) of this title. 13
[(b) Unless specifically excepted or unless listed in another schedule, any material, 14
compound, mixture, or preparation containing any of the following narcotic drugs, or their 15
salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth 16
below: 17
(1) not more than 1 milligram of difenoxin and not less than 25 micrograms 18
of atropine sulfate per dosage unit; 19
(2) dextropropoxyphene (alpha–(+)–4–dimethylamino–1, 2–diphenyl–3–20
methyl–2–propionoxybutane); and 21
(3) 2–[(dimethylamino)methyl]–1–(3–methoxyphenyl)cyclohexanol, its 22
salts, optical and geometric isomers and salts of these isomers (including tramadol). 23
(c) Substances listed in Schedule IV include a material, compound, mixture, or 24
preparation that contains any quantity of the following substances having a potential for 25
abuse associated with a depressant effect on the central nervous system, including its salts, 26
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of 27
isomers is possible within the specific chemical designations: 28
(1) alfaxalone; 29
(2) alprazolam; 30
(3) barbital; 31
26 HOUSE BILL 33
(4) brexanolone; 1
(5) bromazepam; 2
(6) camazepam; 3
(7) carisoprodol; 4
(8) chloral betaine; 5
(9) chloral hydrate; 6
(10) chlordiazepoxide; 7
(11) clobazam; 8
(12) clonazepam; 9
(13) clorazepate; 10
(14) clotiazepam; 11
(15) cloxazolam; 12
(16) delorazepam; 13
(17) diazepam; 14
(18) dichloralphenazone; 15
(19) estazolam; 16
(20) ethchlorvynol; 17
(21) ethinamate; 18
(22) ethyl loflazepate; 19
(23) fludiazepam; 20
(24) flunitrazepam; 21
(25) flurazepam; 22
(26) fospropofol; 23
(27) halazepam; 24 HOUSE BILL 33 27
(28) haloxazolam; 1
(29) ketazolam; 2
(30) loprazolam; 3
(31) lorazepam; 4
(32) lormetazepam; 5
(33) mebutamate; 6
(34) medazepam; 7
(35) meprobamate; 8
(36) methohexital; 9
(37) methylphenobarbital (mephobarbital); 10
(38) midazolam; 11
(39) nimetazepam; 12
(40) nitrazepam; 13
(41) nordiazepam; 14
(42) oxazepam; 15
(43) oxazolam; 16
(44) paraldehyde; 17
(45) petrichloral; 18
(46) phenobarbital; 19
(47) pinazepam; 20
(48) prazepam; 21
(49) quazepam; 22
(50) suvorexant (Belsomra); 23
28 HOUSE BILL 33
(51) temazepam; 1
(52) tetrazepam; 2
(53) triazolam; 3
(54) zaleplon (Sonata); 4
(55) zolpidem (Ambien); and 5
(56) zopiclone (Lunesta). 6
(d) Substances listed in Schedule IV include: 7
(1) a material, compound, mixture, or preparation that contains 8
fenfluramine; and 9
(2) if its existence is possible: 10
(i) a salt of fenfluramine; 11
(ii) an optical, position, or geometric isomer of fenfluramine, 12
including dexfenfluramine; and 13
(iii) a salt of an isomer of fenfluramine. 14
(e) Substances listed in Schedule IV include: 15
(1) a material, compound, mixture, or preparation that contains lorcaserin; 16
and 17
(2) if its existence is possible: 18
(i) a salt of lorcaserin; 19
(ii) an optical, position, or geometric isomer of lorcaserin; and 20
(iii) a salt of an isomer of lorcaserin. 21
(f) Substances listed in Schedule IV include a material, compound, mixture, or 22
preparation that contains any quantity of the following substances having a potential for 23
abuse associated with a stimulant effect on the central nervous system, including its salts, 24
isomers, and salts of isomers: 25
(1) cathine ((+)–norpseudoephedrine); 26
(2) diethylpropion; 27 HOUSE BILL 33 29
(3) fencamfamin; 1
(4) fenproporex; 2
(5) mazindol; 3
(6) mefenorex; 4
(7) modafinil; 5
(8) pemoline, including organometallic complexes and their chelates; 6
(9) phentermine; 7
(10) pipradrol; 8
(11) sibutramine; 9
(12) solriamfetol (2–amino–3–phenylpropyl carbamate; benzenepropanol, 10
beta–amino–, carbamate (ester)); and 11
(13) SPA ((–)–1–dimethylamino– 1,2–diphenylethane). 12
(g) Unless specifically excepted or unless listed in another schedule, any material, 13
compound, mixture, or preparation that contains any quantity of the following substances, 14
including its salts: 15
(1) pentazocine; 16
(2) butorphanol (including its optical isomers); and 17
(3) eluxadoline (5 –[[[(2S)–2–amino–3–[4–aminocarbonyl)–2, 6 –18
dimethylphenyl]–1–oxopropyl][(1S)–1–(4–phenyl–1H–imidazol–2–19
yl)ethyl]amino]methyl]–2–methoxybenzoic acid) (including its optical isomers) and its 20
salts, isomers, and salts of isomers. 21
(h) By regulation, the Department may exempt from this section a compound, 22
mixture, or preparation that contains a depressant substance listed in subsection (c) of this 23
section if: 24
(1) the compound, mixture, or preparation contains an active medicinal 25
ingredient that does not have a depressant effect on the central nervous system; and 26
(2) the admixtures are included in combinations, quantity, proportion, or 27
concentration that vitiate the potential for abuse of the substances that have a depressant 28
effect on the central nervous system. 29 30 HOUSE BILL 33
(i)] (B) The Department may not add a substance to Schedule IV under § 1
5–202 of this title unless the Department finds that: 2
(1) the substance has a low potential for abuse relative to the substances 3
listed in Schedule III; 4
(2) the substance has currently accepted medical use in treatment in the 5
United States; and 6
(3) abuse of the substance may lead to limited physical dependence or 7
psychological dependence relative to the substances in Schedule III. 8
5–406. 9
(a) Schedule V consists of each controlled dangerous substance: 10
[(1) listed in this section; 11
(2)] (1) added to Schedule V by the Department under § 5–202(b) of this 12
title; or 13
[(3)] (2) designated as a Schedule V controlled dangerous substance by 14
the federal government unless the Department objects under § 5–202(f) of this title. 15
[(b) Unless specifically excepted or unless listed in another schedule, any material, 16
compound, mixture, or preparation containing any of the following narcotic drugs and their 17
salts, as set forth below: 18
(1) reserved; and 19
(2) reserved. 20
(c) Any compound, mixture, or preparation containing any of the following 21
narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited 22
quantities as set forth below, which shall include one or more nonnarcotic active medicinal 23
ingredients in sufficient proportion to confer upon the compound, mixture, or preparation 24
valuable medicinal qualities other than those possessed by narcotic drugs alone: 25
(1) not more than 200 milligrams of codeine per 100 milliliters or per 100 26
grams; 27
(2) not more than 100 milligrams of dihydrocodeine per 100 milliliters or 28
per 100 grams; 29
(3) not more than 100 milligrams of ethylmorphine per 100 milliliters or 30
per 100 grams; 31 HOUSE BILL 33 31
(4) not more than 2.5 milligrams of diphenoxylate and not less than 25 1
micrograms of atropine sulfate per dosage unit; or 2
(5) difenoxin preparations 0.5mg/25ug ATSO4/DU (MOTOFEN). 3
(d) Unless specifically exempted or excluded or unless listed in another schedule, 4
any material, compound, mixture, or preparation that contains any quantity of the 5
following substances having a stimulant effect on the central nervous system, including its 6
salts, isomers, and salts of isomers: 7
(1) pyrovalerone; and 8
(2) reserved. 9
(e) Unless specifically exempted or excluded or unless listed in another schedule, 10
any material, compound, mixture, or preparation that contains any quantity of the 11
following substances having a depressant effect on the central nervous system, including 12
its salts: 13
(1) brivaracetam ((2S) –2–[(4R)–2–oxo–4–propylpyrrolidin–1–yl] 14
butanamide) (Briviact); 15
(2) ezogabine [N–[2–amino–4–(4–fluorobenzylamino)–phenyl]–carbamic 16
acid ethyl ester] (Potiga); 17
(3) lacosamide [(R)–2–acetoamido–N–benzyl–3–methoxy–propionamide] 18
(Vimpat); and 19
(4) pregabalin [(S)–3–(aminomethyl)–5–methylhexanoic acid] (Lyrica). 20
(f) A drug product in finished dosage formulation that has been approved by the 21
United States Food and Drug Administration that contains cannabidiol (2–[1R–3–methyl–22
6R–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol) derived from 23
cannabis and no more than 0.1% (w/w) residual tetrahydrocannabinols. 24
(g)] (B) The Department may not add a substance to Schedule V under § 5–202 25
of this title unless the Department finds: 26
(1) the substance has a low potential for abuse relative to the substances 27
listed in Schedule IV; 28
(2) the substance has currently accepted medical use in the United States; 29
and 30
(3) abuse of the substance may lead to limited physical dependence or 31
psychological dependence liability relative to the substances listed in Schedule IV. 32 32 HOUSE BILL 33
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
1, 2022. 2