EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0033*
HOUSE BILL 33
E1 2lr1215
(PRE–FILED) CF SB 614
By: Delegate Shetty
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 7, 2022
CHAPTER ______
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 2 HOUSE BILL 33
(z) “Schedule I” means [a list of] THE controlled dangerous substances [that 1
appears] DESCRIBED in § 5–402 of this title. 2
(aa) “Schedule II” means [a list of] THE controlled dangerous substances [that 3
appears] DESCRIBED in § 5–403 of this title. 4
(bb) “Schedule III” means [a list of] THE controlled dangerous substances [that 5
appears] DESCRIBED in § 5–404 of this title. 6
(cc) “Schedule IV” means [a list of] THE controlled dangerous substances [that 7
appears] DESCRIBED in § 5–405 of this title. 8
(dd) “Schedule V” means [a list of] THE controlled dangerous substances [that 9
appears] DESCRIBED in § 5–406 of this title. 10
5–202. 11
(a) The Department shall control all substances listed in Subtitle 4 of this title. 12
(b) In accordance with the Administrative Procedure Act, the Department may 13
add a substance as a controlled dangerous substance on its own initiative or on the petition 14
of an interested party. 15
(f) (1) A new substance that is designated as a controlled substance under 16
federal law is a similarly controlled dangerous substance under this title unless the 17
Department objects to the inclusion. 18
(2) If the Department objects, it shall publish the reasons for the objection 19
and give each interested party an opportunity to be heard. 20
(3) After the hearing, the Department shall publish its decision, which is 21
final. 22
(4) An action for judicial review of a final decision made in accordance with 23
this section does not stay the effect of the decision. 24
5–402. 25
(a) Schedule I consists of each [controlled dangerous substance]: 26
(1) [listed in] CONTROLLED DANGEROUS SUBSTANCE ANALOGUE , AS 27
DEFINED IN SUBSECTIO N (B) OF this section; 28
(2) CONTROLLED DANGEROUS SUBSTANCE added to Schedule I by the 29
Department under § 5–202(b) of this title; [or] AND 30 HOUSE BILL 33 3
(3) CONTROLLED DANGEROUS SUBSTANCE designated as a Schedule I 1
controlled dangerous substance by the federal government unless the Department objects 2
under § 5–202(f) of this title. 3
[(b) Unless specifically excepted under this subtitle or listed in another schedule, 4
any of the following opiates, including their isomers, including optical and geometric 5
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the 6
existence of such isomers, esters, ethers, or salts is possible within the specific chemical 7
designation, are substances listed in Schedule I: 8
(1) acetyl–alpha–methylfentanyl (N –[1–(1–methyl–2–phenethyl)–4–9
piperidinyl]–N–phenylacetamide); 10
(2) acetylmethadol; 11
(3) acetyl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylacetamide); 12
(4) Acryl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylacrylamide; 13
(5) AH–7921 (3,4–dichloro–N–[(1–dimethylamino) cyclohexylmethyl]) 14
benzamide; 15
(6) allylprodine; 16
(7) alphacetylmethadol, except levo–alphacetylmethadol; 17
(8) alphameprodine; 18
(9) alphamethadol; 19
(10) alpha–methylfentanyl (N–[1–(alpha–methyl–beta–phenyl)ethyl–4–20
piperidyl] propionanilide; 1–(1–methyl–2–phenylethyl)–4–(N–propanilido) piperidine); 21
(11) alpha–methylthiofentanyl (N –[1–methyl–2–(2–thienyl)ethyl–4–22
piperidinyl]–N–phenylpropanamide); 23
(12) benzethidine; 24
(13) betacetylmethadol; 25
(14) beta–hydroxyfentanyl (N –[1–(2–hydroxy–2–phenethyl)–4–26
piperidinyl]–N–phenylpropanamide); 27
(15) beta–hydroxy–3–methylfentanyl; 28
4 HOUSE BILL 33
(16) N–[1–[2–hydroxy–2–(thiophen–2–yl)ethyl]piperidin–4–yl]–N–1
phenylpropionamide; 2
(17) betameprodine; 3
(18) betamethadol; 4
(19) betaprodine; 5
(20) butyryl fentanyl (N –(1–phenethylpiperidin–4–yl)–N–6
phenylbutyramide); 7
(21) clonitazene; 8
(22) dextromoramide; 9
(23) diampromide; 10
(24) diethylthiambutene; 11
(25) difenoxin; 12
(26) dimenoxadol; 13
(27) dimepheptanol; 14
(28) dimethylthiambutene; 15
(29) dioxaphetyl butyrate; 16
(30) dipipanone; 17
(31) ethylmethylthiambutene; 18
(32) etonitazene; 19
(33) etoxeridine; 20
(34) 4–Fluoroisobutyryl fentanyl (N –(4–fluorophenyl)–N–(1–21
phenethylpiperidin–4–yl)isobutyramide; 22
(35) furanyl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylfuran–2–23
carboxamide); 24
(36) furethidine; 25
(37) hydroxypethidine; 26 HOUSE BILL 33 5
(38) ketobemidone; 1
(39) levomoramide; 2
(40) levophenacylmorphan; 3
(41) 3–methylfentanyl (N–[3–methyl–1–(2–phenylethyl)–4–piperidyl]–N–4
phenylpropanamide); 5
(42) 3–methylthiofentanyl; 6
(43) morpheridine; 7
(44) MPPP (1–methyl–4–phenyl–4–propionoxypiperidine); 8
(45) mt–45 (1–cyclohexyl–4–(1,2–diphenylethyl)piperazine); 9
(46) noracymethadol; 10
(47) norlevorphanol; 11
(48) normethadone; 12
(49) norpipanone; 13
(50) ocfentanil (N–(2–fluorophenyl)–2–methoxy–N–(1–phenethylpiperidin–14
4–yl)acetamide); 15
(51) para–fluorofentanyl (N–(4–fluorophenyl)–N–[1–(2–phenethyl)–4–16
piperidinyl] propanamide; 17
(52) PEPAP (1–(–2–phenethyl)–4–phenyl–4–acetoxypiperidine); 18
(53) phenadoxone; 19
(54) phenampromide; 20
(55) phenomorphan; 21
(56) phenoperidine; 22
(57) piritramide; 23
(58) proheptazine; 24
(59) properidine; 25 6 HOUSE BILL 33
(60) propiram; 1
(61) racemoramide; 2
(62) tetrahydrofuranyl fentanyl (N –(1–phenethylpiperidin–4–yl)–N–3
phenyltetrahydrofuran–2–carboxamide); 4
(63) thiofentanyl; 5
(64) tilidine; 6
(65) trimeperidine; and 7
(66) U–47700 (3,4–dichloro–N–[2–(dimethylamino)cyclohexyl]–N–8
methylbenzamide). 9
(c) Unless specifically excepted under this subtitle or listed in another schedule, 10
any of the following opium derivatives, including their salts, isomers, and salts of isomers, 11
whenever the existence of such salts, isomers, or salts of isomers is possible within the 12
specific chemical designation, are substances listed in Schedule I: 13
(1) acetorphine; 14
(2) acetyldihydrocodeine; 15
(3) benzylmorphine; 16
(4) codeine methylbromide; 17
(5) codeine–N–oxide; 18
(6) cyprenorphine; 19
(7) desomorphine; 20
(8) dihydromorphine; 21
(9) drotebanol; 22
(10) etorphine (except hydrochloride salt); 23
(11) heroin; 24
(12) hydromorphinol; 25
(13) methyldesorphine; 26 HOUSE BILL 33 7
(14) methyldihydromorphine; 1
(15) morphine methylbromide; 2
(16) morphine methylsulfonate; 3
(17) morphine–N–oxide; 4
(18) myrophine; 5
(19) nicocodeine; 6
(20) nicomorphine; 7
(21) normorphine; 8
(22) pholcodine; and 9
(23) thebacon. 10
(d) Unless specifically excepted under this subtitle or listed in another schedule, 11
any material, compound, mixture, or preparation that contains any quantity of the 12
following hallucinogenic substances, or that contains any of its salts, isomers, including 13
optical, position, and geometric isomers, or salts of isomers, whenever the existence of such 14
salts, isomers, or salts of isomers is possible within the specific chemical designation, is a 15
substance listed in Schedule I: 16
(1) alpha–ethyltryptamine; 17
(2) 4–bromo–2,5–dimethoxy–amphetamine; 18
(3) 4–bromo–2,5–dimethoxyphenethylamine; 19
(4) 2,5–dimethoxyamphetamine; 20
(5) 2,5–dimethoxy–4–ethylamphetamine (DOET); 21
(6) 2,5–dimethoxy–4–(n)–propylthiophenethylamine (2C–T–7); 22
(7) 4–methoxyamphetamine (PMA); 23
(8) 5–methoxy–3,4–methylenedioxy–amphetamine; 24
(9) 4–methyl–2,5–dimethoxy–amphetamine; 25
(10) 3,4–methylenedioxy amphetamine; 26 8 HOUSE BILL 33
(11) 3,4–methylenedioxymethamphetamine (MDMA); 1
(12) 3,4–methylenedioxy–N–ethylamphetamine (MDA); 2
(13) N–hydroxy–3,4–methylenedioxyamphetamine; 3
(14) 3,4,5–trimethoxyamphetamine; 4
(15) 5–methoxy–N, N–dimethyltryptamine; 5
(16) alpha–methyltryptamine (AMT); 6
(17) bufotenine; 7
(18) diethyltryptamine (DET); 8
(19) dimethyltryptamine (DMT); 9
(20) 5–methoxy–N, N–diisopropyltryptamine (5–MeO–DIPT); 10
(21) ibogaine; 11
(22) lysergic acid diethylamide; 12
(23) marijuana; 13
(24) mescaline; 14
(25) parahexyl–7374; 15
(26) peyote (meaning all parts of the plant presently classified botanically 16
as Lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extract 17
from any part of such plant, and every compound, manufacture, salt, derivative, mixture, 18
or preparation of such plant, its seeds, or extracts); 19
(27) N–ethyl–3–piperidyl benzilate; 20
(28) N–methyl–3–piperidyl benzilate; 21
(29) psilocybin; 22
(30) psilocyn; 23
(31) tetrahydrocannabinols; 24
HOUSE BILL 33 9
(32) ethylamine analog of phencyclidine (N –ethyl–1–1
phenylcyclohexylamine); 2
(33) pyrrolidine analog of phencyclidine (1 –(1–phenylcyclohexyl)–3
pyrrolidine); 4
(34) thiophene analog of phencyclidine (1–[1–(2–thienyl)–cyclohexyl]–5
piperidine); 6
(35) 1–[1–(2–thienyl)cyclohexyl]pyrrolidine; 7
(36) 4–methylmethcathinone (mephedrone); 8
(37) 3, 4–methylenedioxypyrovalerone (MDPV); 9
(38) 2–(2,5–dimethoxy–4–ethylphenyl) ethanamine (2C–E); 10
(39) 2–(2,5–dimethoxy–4–methylphenyl) ethanamine (2C–D); 11
(40) 2–(4–chloro–2,5–dimethoxyphenyl) ethanamine (2C–C); 12
(41) 2–(4–iodo–2,5–dimethoxyphenyl) ethanamine (2C–I); 13
(42) 2–[4–(ethylthio)–2,5–dimethoxyphenyl] ethanamine (2C–T–2); 14
(43) 2–[4–(isopropylthio)–2,5–dimethoxyphenyl] ethanamine (2C–T–4); 15
(44) 2–(2,5–dimethoxyphenyl) ethanamine (2C–H); 16
(45) 2–(2,5–dimethoxy–4–nitro–phenyl) ethanamine (2C–N); 17
(46) 2–(2,5–dimethoxy–4–(n)–propylphenyl) ethanamine (2C–P); 18
(47) 3,4–methylenedioxy–N–methylcathinone (methylone); 19
(48) (1–pentyl–1H–indol–3–yl) (2,2,3,3–tetramethylcyclopropyl) methanone 20
(UR–144); 21
(49) [1–(5–fluoro–pentyl)–1H–indol–3–yl](2,2,3,3–tetramethylcyclopropyl) 22
methanone (5–fluoro–UR–144, XLR11); 23
(50) N–(1–adamantyl)–1–pentyl–1H–indazole–3–carboxamide (APINACA, 24
AKB48); 25
(51) quinolin–8–yl 1–pentyl–1H–indole–3–carboxylate (PB–22); 26
10 HOUSE BILL 33
(52) quinolin–8–yl 1–(5–fluoropentyl)–1H–indole–3–carboxylate (5–fluoro–1
PB–22); 2
(53) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–(4–fluorobenzyl)–1H–3
indazole–3–carboxamide (AB–FUBINACA); 4
(54) N–(1–amino–3, 3 –dimethyl–1–oxobutan–2–yl)–1–pentyl–1H–5
indazole–3–carboxamide (ADB–PINACA); 6
(55) 2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine 7
(25I–NBOMe); 8
(56) 2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine 9
(25C–NBOMe); 10
(57) 2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine 11
(25B–NBOMe); 12
(58) marijuana extract (meaning an extract containing one or more 13
cannabinoids that has been derived from any plant of the genus cannabis, other than the 14
separated resin, whether crude or purified, obtained from the plant); 15
(59) 4–methyl–N–ethylcathinone (4–MEC); 16
(60) 4–methyl–alpha–pyrrolidinopropiophenone (4–MePPP); 17
(61) alpha–pyrrolidinopentiophenone (alpha–PVP); 18
(62) 1–(1,3–benzodioxol–5–yl)–2–(methylamino) butan–1–one (butylone); 19
(63) 2–(methylamino)–1–phenylpentan–1–one (pentedrone); 20
(64) 1–(1,3–benzodioxol–5–yl)–2–(methylamino) pentan–1–one (pentylone); 21
(65) 4–fluoro–N–methylcathinone (flephedrone); 22
(66) 3–fluoro–N–methylcathinone (3–FMC); 23
(67) 1–(naphthalen–2–yl)–2–(pyrrolidin–1–yl)pentan–1–one (naphyrone); 24
(68) alpha–pyrrolidinobutiophenone (alpha–PBP); 25
(69) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–(cyclohexylmethyl)–1H–26
indazole–3–carboxamide (AB–CHMINACA); 27
(70) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–pentyl–1H–indazole–3–28
carboxamide (AB–PINACA); 29 HOUSE BILL 33 11
(71) [1–(5–fluoropentyl)–1H–indazol–3–yl](naphthalen–1–yl)methanone 1
(THJ–2201); and 2
(72) N–(1–amino–3,3–dimethyl–1–oxobutan–2–yl)–1–(cyclohexylmethyl)–3
1H–indazole–3–carboxamide (MAB–CHMINACA). 4
(e) Unless specifically excepted under this subtitle or listed in another schedule, 5
a material, compound, mixture, or preparation that contains any quantity of the following 6
substances having depressant effects on the central nervous system, or that contains its 7
salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of 8
isomers is possible within the specific chemical designation, is a substance listed in 9
Schedule I: 10
(1) gamma–hydroxybutyric acid (GHB); 11
(2) mecloqualone; and 12
(3) methaqualone. 13
(f) Unless specifically excepted or listed in another schedule, any material, 14
compound, mixture, or preparation that contains any quantity of the following substances 15
having a stimulant effect on the central nervous system, or that contains its salts, isomers, 16
or salts of isomers, is a substance listed in Schedule I: 17
(1) aminorex; 18
(2) N–benzylpiperazine (BZP); 19
(3) cathinone; 20
(4) fenethylline; 21
(5) methcathinone; 22
(6) (±)cis–4–methylaminorex ((±)cis–4,5–dihydro–4–methyl–5–phenyl–2–23
oxazolamine); 24
(7) N–ethylamphetamine; and 25
(8) N, N–dimethylamphetamine. 26
(g) Unless specifically excepted under this subtitle or listed in another schedule, 27
any material, compound, mixture, or preparation that contains any quantity of the 28
following substances, or that contains their salts, isomers, or salts of isomers, whenever the 29
existence of such salts, isomers, or salts of isomers is possible within the specific chemical 30
designation, is a substance listed in Schedule I: 31 12 HOUSE BILL 33
(1) 5–(1, 1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol 1
(CP–47,497); 2
(2) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–3
47,497 C8 homolog); 4
(3) 1–pentyl–3–(1–naphthoyl) indole (JWH–018 and AM678); 5
(4) 1–butyl–3–(1–naphthoyl) indole (JWH–073); 6
(5) 1–hexyl–3–(1–naphthoyl) indole (JWH–019); 7
(6) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl) indole (JWH–200); 8
(7) 1–pentyl–3–(2–methoxyphenylacetyl) indole (JWH–250); 9
(8) 1–pentyl–3–[1–(4–methoxynaphthoyl)] indole (JWH–081); 10
(9) 1–pentyl–3–(4–methyl–1–naphthoyl) indole (JWH–122); 11
(10) 1–pentyl–3–(4–chloro–1–naphthoyl) indole (JWH–398); 12
(11) 1–(5–fluoropentyl)–3–(1–naphthoyl) indole (AM2201); 13
(12) 1–(5–fluoropentyl)–3–(2–iodobenzoyl) indole (AM694); 14
(13) 1–pentyl–3–[(4–methoxy)–benzoyl] indole (SR–19 and RCS–4); 15
(14) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl) indole 7008 (SR–18 and 16
RCS–8); and 17
(15) 1–pentyl–3–(2–chlorophenylacetyl) indole (JWH–203). 18
(h)] (B) (1) In this subsection: 19
(i) “controlled dangerous substance analogue” means a substance: 20
1. that has a chemical structure substantially similar to the 21
chemical structure of a controlled dangerous substance [listed] DESCRIBED in Schedule I 22
or Schedule II; and 23
2. that has a stimulant, depressant, or hallucinogenic effect 24
on the central nervous system that is substantially similar to or greater than the stimulant, 25
depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous 26
substance [listed] DESCRIBED in Schedule I or Schedule II; but 27
HOUSE BILL 33 13
(ii) “controlled dangerous substance analogue” does not include: 1
1. a controlled dangerous substance; 2
2. a substance for which there is an approved new drug 3
application; or 4
3. a substance exempted for investigational use under § 506 5
of the Federal Food, Drug, and Cosmetic Act. 6
(2) To the extent intended for human consumption, each controlled 7
dangerous substance analogue is a substance [listed] DESCRIBED in Schedule I. 8
[(i)] (C) The Department may not add a substance to Schedule I under § 5–202 9
of this title unless the Department finds: 10
(1) a high potential for abuse of the substance; 11
(2) no accepted medical use in the United States for the substance; and 12
(3) a lack of accepted safety for use of the substance under medical 13
supervision. 14
5–403. 15
(a) Schedule II consists of each controlled dangerous substance: 16
[(1) listed in this section; 17
(2)] (1) added to Schedule II by the Department under § 5–202(b) of this 18
title; or 19
[(3)] (2) designated as a Schedule II controlled dangerous substance by 20
the federal government unless the Department objects under § 5–202(f) of this title. 21
[(b) Unless specifically excepted or unless listed in another schedule, any of the 22
following substances whether produced directly or indirectly by extraction from substances 23
of vegetable origin, or independently by means of chemical synthesis, or by a combination 24
of extraction and chemical synthesis: 25
(1) opium and opiate, and any salt, compound, derivative, or preparation 26
of opium or opiate excluding apomorphine, thebaine–derived butorphanol, dextrorphan, 27
nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, and naltrexone, and their 28
respective salts, but including the following: 29
(i) codeine; 30 14 HOUSE BILL 33
(ii) dihydroetorphine; 1
(iii) ethylmorphine; 2
(iv) etorphine hydrochloride; 3
(v) granulated opium; 4
(vi) hydrocodone; 5
(vii) hydromorphone; 6
(viii) metopon; 7
(ix) morphine; 8
(x) opium extracts; 9
(xi) opium fluid; 10
(xii) oripavine; 11
(xiii) oxycodone; 12
(xiv) oxymorphone; 13
(xv) powdered opium; 14
(xvi) raw opium; 15
(xvii) thebaine; and 16
(xviii) tincture of opium; 17
(2) any salt, compound, derivative, or preparation thereof which is 18
chemically equivalent or identical with any of the substances referred to in item (1) of this 19
subsection, except that these substances may not include the isoquinoline alkaloids of 20
opium; 21
(3) opium poppy and poppy straw; 22
(4) coca leaves and any salt, compound, derivative, or preparation of coca 23
leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of 24
isomers and derivatives, and any salt, compound, derivative, or preparation thereof which 25
is chemically equivalent or identical with any of these substances, except that the 26
substances may not include: 27 HOUSE BILL 33 15
(i) decocainized coca leaves or extraction of coca leaves, which 1
extractions do not contain cocaine or ecgonine; or 2
(ii) ioflupane; and 3
(5) concentrate of poppy straw (the crude extract of poppy straw in either 4
liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium 5
poppy). 6
(c) Unless specifically excepted or unless in another schedule any of the following 7
opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers 8
whenever the existence of such isomers, esters, ethers, and salts is possible within the 9
specific chemical designation, dextrorphan and levopropoxyphene excepted: 10
(1) alfentanil; 11
(2) alphaprodine; 12
(3) anileridine; 13
(4) bezitramide; 14
(5) bulk dextropropoxyphene (non–dosage forms); 15
(6) carfentanil; 16
(7) dihydrocodeine; 17
(8) diphenoxylate; 18
(9) fentanyl; 19
(10) isomethadone; 20
(11) levo–alphacetylmethadol; 21
(12) levomethorphan; 22
(13) levorphanol; 23
(14) metazocine; 24
(15) methadone; 25
(16) methadone – intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl 26
butane; 27 16 HOUSE BILL 33
(17) moramide – intermediate, 2–methyl–3–morpholino–1, 1–1
diphenylpropane–carboxylic acid; 2
(18) pethidine (meperidine); 3
(19) pethidine – intermediate – A, 4–cyano–1–methyl–4–phenylpiperidine; 4
(20) pethidine – intermediate – B, ethyl–4–phenylpiperidine–4–carboxylate; 5
(21) pethidine – intermediate – C, 1–methyl–4–phenylpiperidine–4–6
carboxylic acid; 7
(22) phenazocine; 8
(23) piminodine; 9
(24) racemethorphan; 10
(25) racemorphan; 11
(26) remifentanil; 12
(27) sulfentanil; 13
(28) tapentadol; and 14
(29) thiafentanil. 15
(d) Unless specifically excepted under this subtitle or listed in another schedule, 16
a substance is listed in Schedule II if the substance includes a material, compound, mixture, 17
or preparation that contains any quantity of the following substances having a potential 18
for abuse associated with a stimulant effect on the central nervous system: 19
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers; 20
(2) methamphetamine, its salts, isomers, and salts of isomers; 21
(3) phenmetrazine and its salts; 22
(4) methylphenidate; and 23
(5) lisdexamfetamine, its salts, isomers, and salts of isomers. 24
(e) Unless specifically excepted under this subtitle or listed in another schedule, 25
a substance is listed in Schedule II if the substance includes a material, compound, mixture, 26
or preparation that contains any quantity of the following substances having a depressant 27 HOUSE BILL 33 17
effect on the central nervous system, including its salts, isomers, and salts of isomers 1
whenever the existence of such salts, isomers, and salts of isomers is possible within the 2
specific chemical designation: 3
(1) amobarbital; 4
(2) glutethimide; 5
(3) pentobarbital; 6
(4) phencyclidine; and 7
(5) secobarbital. 8
(f) As listed in Schedule II under Title 21 of the Code of Federal Regulations: 9
(1) nabilone; and 10
(2) dronabinol [(–)–delta–9–trans tetrahydrocannabinol] in an oral 11
solution in a drug product approved for marketing by the United States Food and Drug 12
Administration. 13
(g) Unless specifically excepted or unless listed in another schedule, any material, 14
compound, mixture, or preparation which contains any quantity of the following 15
substances: 16
(1) immediate precursor to amphetamine and methamphetamine: 17
(i) phenylacetone; and 18
(ii) reserved; 19
(2) immediate precursors to phencyclidine (PCP): 20
(i) 1–phenylcyclohexylamine; and 21
(ii) 1–piperidinocyclohexanecarbonitrile (PCC); and 22
(3) immediate precursor to fentanyl: 23
(i) 4–anilino–N–phenethylpiperidine (ANPP); and 24
(ii) reserved. 25
(h)] (B) The Department may not add a substance to Schedule II under § 5–202 26
of this title unless the Department finds: 27
18 HOUSE BILL 33
(1) a high potential for abuse of the substance; 1
(2) currently accepted medical use of the substance in the United States, 2
or currently accepted medical use with severe restrictions; and 3
(3) evidence that abuse of the substance may lead to severe psychological 4
or physical dependence. 5
5–404. 6
(a) Schedule III consists of each controlled dangerous substance by whatever 7
official name, common or usual name, chemical name, or brand name [designated]: 8
[(1) listed in this section; 9
(2)] (1) added to Schedule III by the Department under § 5–202(b) of this 10
title; or 11
[(3)] (2) designated as a Schedule III controlled dangerous substance by 12
the federal government unless the Department objects under § 5–202(f) of this title. 13
[(b) (1) Unless specifically excepted or listed in another schedule, a substance 14
is listed in Schedule III if the substance includes a material, compound, mixture, or 15
preparation that contains any quantity of the following substances having a stimulant 16
effect on the central nervous system: 17
(i) those compounds, mixtures, or preparations in dosage unit form 18
containing any stimulant substances listed in Schedule II, which compounds, mixtures, or 19
preparations were listed on August 25, 1971, as excepted compounds under § 1308.32 of the 20
Code of Federal Regulations, and any other drug of the quantitative composition shown in 21
that list for those drugs or that is the same except that it contains a lesser quantity of 22
controlled substances; 23
(ii) benzphetamine; 24
(iii) chlorphentermine; 25
(iv) clortermine; and 26
(v) phendimetrazine. 27
(2) Subject to paragraph (3) of this subsection, substances in Schedule III 28
include: 29
(i) a salt of a substance listed in this subsection; 30
HOUSE BILL 33 19
(ii) an optical, position, or geometric isomer of a substance listed in 1
this subsection; or 2
(iii) a salt of an isomer of a substance listed in this subsection. 3
(3) Unless listed in another schedule, a salt, isomer, or salt of an isomer 4
described in paragraph (2) of this subsection may be included in Schedule III only if the 5
existence of the salts, isomers, and salts of isomers is possible within the specific chemical 6
designation. 7
(c) Unless listed in another schedule, a substance is listed in Schedule III if the 8
substance includes a material, compound, mixture, or preparation that contains any 9
quantity of the following substances having a potential for abuse associated with a 10
depressant effect on the central nervous system: 11
(1) any compound, mixture, or preparation containing: 12
(i) amobarbital; 13
(ii) secobarbital; 14
(iii) pentobarbital; or 15
(iv) any salt thereof and one or more other active medicinal 16
ingredients that are not listed in any schedule; 17
(2) any suppository dosage form containing: 18
(i) amobarbital; 19
(ii) secobarbital; 20
(iii) pentobarbital; or 21
(iv) any salt of any of these drugs and approved by the U.S. Food and 22
Drug Administration for marketing only as a suppository; 23
(3) except those substances that are specifically listed in other schedules, 24
a substance that contains any quantity of a derivative of barbituric acid, a salt of a 25
derivative of a barbituric acid, or butalbital, including, with one or more active, nonnarcotic 26
ingredients in recognized therapeutic amounts, (Fioricet) and (Fiorinal); 27
(4) chlorhexadol; 28
(5) embutramide; 29
20 HOUSE BILL 33
(6) any drug product containing gamma hydroxybutyric acid, including its 1
salts, isomers, and salts of isomers, for which an application is approved under Section 505 2
of the Federal Food, Drug, and Cosmetic Act; 3
(7) ketamine, its salts, isomers, and salts of isomers; 4
(8) lysergic acid; 5
(9) lysergic acid amide; 6
(10) methyprylon; 7
(11) perampanel, and its salts, isomers, and salts of isomers (FYCOMPA); 8
(12) sulfondiethylmethane; 9
(13) sulfonethylmethane; 10
(14) sulfonmethane; and 11
(15) tiletamine and zolazepam or any salt thereof, including a tiletamine–12
zolazepam combination product (trade name Telazol). 13
(d) As listed in Schedule III under Title 21 of the Code of Federal Regulations, 14
nalorphine 9400. 15
(e) Unless specifically excepted or unless listed in another schedule: 16
(1) substances listed in Schedule III include any material, compound, 17
mixture, or preparation containing any of the following narcotic drugs, or their salts 18
calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: 19
(i) not more than 1.80 grams of codeine per 100 milliliters or not 20
more than 90 milligrams per dosage unit, with an equal or greater quantity of an 21
isoquinoline alkaloid of opium; 22
(ii) not more than 1.80 grams of codeine per 100 milliliters or not 23
more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients 24
in recognized therapeutic amounts; 25
(iii) not more than 1.80 grams of dihydrocodeine per 100 milliliters 26
or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic 27
ingredients in recognized therapeutic amounts; 28
(iv) not more than 300 milligrams of ethylmorphine per 100 29
milliliters or not more than 15 milligrams per dosage unit, with one or more active, 30
nonnarcotic ingredients in recognized therapeutic amounts; 31 HOUSE BILL 33 21
(v) not more than 500 milligrams of opium per 100 milliliters or per 1
100 grams, or not more than 25 milligrams per dosage unit, with one or more active, 2
nonnarcotic ingredients in recognized therapeutic amounts; 3
(vi) not more than 100 milligrams of opium per 100 milliliters or per 4
100 grams, or not more than 5 milligrams per dosage unit; and 5
(vii) not more than 50 milligrams of morphine per 100 milliliters or 6
per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic 7
amounts. 8
(2) any material, compound, mixture, or preparation containing any of the 9
following narcotic drugs or their salts, as set forth below: 10
(i) buprenorphine; and 11
(ii) reserved. 12
(3) if not combined with one or more active medicinal ingredients that are 13
listed in another schedule, substances listed in Schedule III include a suppository dosage 14
form or salt of a suppository dosage that contains: 15
(i) amobarbital; 16
(ii) secobarbital; or 17
(iii) pentobarbital. 18
(f) (1) Except as provided in paragraph (2) of this subsection, an anabolic 19
steroid consisting of any material, compound, mixture, or preparation containing any 20
quantity of the following substances, including its salts, esters, and ethers: 21
(i) 3beta,17–dihydroxy–5a–androstane; 22
(ii) 3alpha,17beta–dihydroxy–5a–androstane; 23
(iii) 5 alpha–androstan–3,17–dione; 24
(iv) 1–androstenediol (3beta,17beta–dihydroxy–5alpha–androst–1–25
ene); 26
(v) 1–androstenediol (3alpha,17beta–dihydroxy–5alpha–androst–27
1–ene); 28
(vi) 4–androstenediol (3beta,17beta–dihydroxy–androst–4–ene); 29
22 HOUSE BILL 33
(vii) 5–androstenediol (3beta,17beta–dihydroxy–androst–5–ene); 1
(viii) 1–androstenedione; 2
(ix) 4–androstenedione; 3
(x) 5–androstenedione; 4
(xi) bolasterone; 5
(xii) boldenone; 6
(xiii) boldione; 7
(xiv) calusterone; 8
(xv) chlorotestosterone (clostebol); 9
(xvi) dehydrochloromethyltestosterone; 10
(xvii) desoxymethyltestosterone; 11
(xviii) delta1–dihydrotestosterone (17beta–hydroxy–5alpha–androst–12
1–en–3–one); 13
(xix) dihydrotestosterone (4–dihydrotestosterone) (17beta–hydroxy–14
androstan–3–one) (stanolone); 15
(xx) drostanolone; 16
(xxi) ethylestrenol; 17
(xxii) fluoxymesterone; 18
(xxiii) formebolone; 19
(xxiv) furazabol; 20
(xxv) 13beta–ethyl–17beta–hydroxygon–4–en–3–one; 21
(xxvi) 4–hydroxytestosterone; 22
(xxvii) 4–hydroxy–19–nortestosterone; 23
(xxviii) mestanolone (17alpha –methyl–17beta–hydroxy–5–24
androstan–3–one); 25
HOUSE BILL 33 23
(xxix) mesterolone; 1
(xxx) methandienone (methandrostenolone) (17alpha –methyl–2
17beta–hydroxyandrost–1,4–dien–3–one); 3
(xxxi) methandriol; 4
(xxxii) methasterone; 5
(xxxiii) methenolone; 6
(xxxiv) 17alpha–methyl–3beta, 17beta –dihydroxy–5a–7
androstane; 8
(xxxv) 17alpha–methyl–3alpha, 17beta–dihydroxy–5a–androstane; 9
(xxxvi) 17alpha–methyl–3beta, 17beta–dihydroxyandrost–4–ene; 10
(xxxvii) 17alpha–methyl–4–hydroxynandrolone; 11
(xxxviii) methyldienolone; 12
(xxxix) methyltrienolone; 13
(xl) methyltestosterone; 14
(xli) mibolerone; 15
(xlii) 17alpha–methyl–delta1–dihydrotestosterone; 16
(xliii) nandrolone; 17
(xliv) 19–nor–4–androstenediol (3beta, 17beta–dihydroxyestr–4–ene); 18
(xlv) 19–nor–4–androstenediol (3alpha, 17beta–dihydroxyestr–4–19
ene); 20
(xlvi) 19–nor–5–androstenediol (3beta, 17beta–dihydroxyestr–5–ene); 21
(xlvii) 19–nor–5–androstenediol (3alpha, 17beta–dihydroxyestr–5–22
ene); 23
(xlviii) 19–nor–4,9(10)–androstadienedione; 24
(xlix) 19–nor–4–androstenedione; 25
(l) 19–nor–5–androstenedione; 26 24 HOUSE BILL 33
(li) norbolethone (13beta, 17alpha–diethyl–17beta–hydroxygon–4–1
en–3–one); 2
(lii) norclostebol; 3
(liii) norethandrolone; 4
(liv) normethandrolone; 5
(lv) oxandrolone; 6
(lvi) oxymesterone; 7
(lvii) oxymetholone; 8
(lviii) prostanozol; 9
(lix) stanozolol; 10
(lx) stenbolone; 11
(lxi) testolactone; 12
(lxii) testosterone; 13
(lxiii) tetrahydrogestrinone; and 14
(lxiv) trenbolone. 15
(2) The following substances are not included in Schedule III: 16
(i) an estrogen, progestin, or corticosteroid; or 17
(ii) a substance covered by paragraph (1) of this subsection if: 18
1. expressly intended for administration through implants to 19
cattle or other nonhuman species; and 20
2. approved for that use by the U.S. Food and Drug 21
Administration. 22
(g) Hallucinogenic substances include: 23
(1) dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin 24
capsule in a U.S. Food and Drug Administration–approved product; and 25
HOUSE BILL 33 25
(2) reserved. 1
(h)] (B) The Department may not add a substance to Schedule III under § 2
5–202 of this title unless the Department finds: 3
(1) a potential for abuse of the substance that is less than that for the 4
substances listed in Schedule I and Schedule II; 5
(2) well documented and approved medical use of the substance in the 6
United States; and 7
(3) evidence that abuse of the substance may lead to moderate or low 8
physical dependence or high psychological dependence. 9
5–405. 10
(a) Schedule IV consists of each controlled dangerous substance: 11
[(1) listed in this section; 12
(2)] (1) added to Schedule IV by the Department under § 5–202(b) of this 13
title; or 14
[(3)] (2) designated as a Schedule IV controlled dangerous substance by 15
the federal government unless the Department objects under § 5–202(f) of this title. 16
[(b) Unless specifically excepted or unless listed in another schedule, any material, 17
compound, mixture, or preparation containing any of the following narcotic drugs, or their 18
salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth 19
below: 20
(1) not more than 1 milligram of difenoxin and not less than 25 micrograms 21
of atropine sulfate per dosage unit; 22
(2) dextropropoxyphene (alpha–(+)–4–dimethylamino–1, 2–diphenyl–3–23
methyl–2–propionoxybutane); and 24
(3) 2–[(dimethylamino)methyl]–1–(3–methoxyphenyl)cyclohexanol, its 25
salts, optical and geometric isomers and salts of these isomers (including tramadol). 26
(c) Substances listed in Schedule IV include a material, compound, mixture, or 27
preparation that contains any quantity of the following substances having a potential for 28
abuse associated with a depressant effect on the central nervous system, including its salts, 29
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of 30
isomers is possible within the specific chemical designations: 31
(1) alfaxalone; 32 26 HOUSE BILL 33
(2) alprazolam; 1
(3) barbital; 2
(4) brexanolone; 3
(5) bromazepam; 4
(6) camazepam; 5
(7) carisoprodol; 6
(8) chloral betaine; 7
(9) chloral hydrate; 8
(10) chlordiazepoxide; 9
(11) clobazam; 10
(12) clonazepam; 11
(13) clorazepate; 12
(14) clotiazepam; 13
(15) cloxazolam; 14
(16) delorazepam; 15
(17) diazepam; 16
(18) dichloralphenazone; 17
(19) estazolam; 18
(20) ethchlorvynol; 19
(21) ethinamate; 20
(22) ethyl loflazepate; 21
(23) fludiazepam; 22
(24) flunitrazepam; 23
HOUSE BILL 33 27
(25) flurazepam; 1
(26) fospropofol; 2
(27) halazepam; 3
(28) haloxazolam; 4
(29) ketazolam; 5
(30) loprazolam; 6
(31) lorazepam; 7
(32) lormetazepam; 8
(33) mebutamate; 9
(34) medazepam; 10
(35) meprobamate; 11
(36) methohexital; 12
(37) methylphenobarbital (mephobarbital); 13
(38) midazolam; 14
(39) nimetazepam; 15
(40) nitrazepam; 16
(41) nordiazepam; 17
(42) oxazepam; 18
(43) oxazolam; 19
(44) paraldehyde; 20
(45) petrichloral; 21
(46) phenobarbital; 22
(47) pinazepam; 23
(48) prazepam; 24 28 HOUSE BILL 33
(49) quazepam; 1
(50) suvorexant (Belsomra); 2
(51) temazepam; 3
(52) tetrazepam; 4
(53) triazolam; 5
(54) zaleplon (Sonata); 6
(55) zolpidem (Ambien); and 7
(56) zopiclone (Lunesta). 8
(d) Substances listed in Schedule IV include: 9
(1) a material, compound, mixture, or preparation that contains 10
fenfluramine; and 11
(2) if its existence is possible: 12
(i) a salt of fenfluramine; 13
(ii) an optical, position, or geometric isomer of fenfluramine, 14
including dexfenfluramine; and 15
(iii) a salt of an isomer of fenfluramine. 16
(e) Substances listed in Schedule IV include: 17
(1) a material, compound, mixture, or preparation that contains lorcaserin; 18
and 19
(2) if its existence is possible: 20
(i) a salt of lorcaserin; 21
(ii) an optical, position, or geometric isomer of lorcaserin; and 22
(iii) a salt of an isomer of lorcaserin. 23
(f) 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 HOUSE BILL 33 29
abuse associated with a stimulant effect on the central nervous system, including its salts, 1
isomers, and salts of isomers: 2
(1) cathine ((+)–norpseudoephedrine); 3
(2) diethylpropion; 4
(3) fencamfamin; 5
(4) fenproporex; 6
(5) mazindol; 7
(6) mefenorex; 8
(7) modafinil; 9
(8) pemoline, including organometallic complexes and their chelates; 10
(9) phentermine; 11
(10) pipradrol; 12
(11) sibutramine; 13
(12) solriamfetol (2–amino–3–phenylpropyl carbamate; benzenepropanol, 14
beta–amino–, carbamate (ester)); and 15
(13) SPA ((–)–1–dimethylamino– 1,2–diphenylethane). 16
(g) Unless specifically excepted or unless listed in another schedule, any material, 17
compound, mixture, or preparation that contains any quantity of the following substances, 18
including its salts: 19
(1) pentazocine; 20
(2) butorphanol (including its optical isomers); and 21
(3) eluxadoline (5 –[[[(2S)–2–amino–3–[4–aminocarbonyl)–2, 6 –22
dimethylphenyl]–1–oxopropyl][(1S)–1–(4–phenyl–1H–imidazol–2–23
yl)ethyl]amino]methyl]–2–methoxybenzoic acid) (including its optical isomers) and its 24
salts, isomers, and salts of isomers. 25
(h) By regulation, the Department may exempt from this section a compound, 26
mixture, or preparation that contains a depressant substance listed in subsection (c) of this 27
section if: 28
30 HOUSE BILL 33
(1) the compound, mixture, or preparation contains an active medicinal 1
ingredient that does not have a depressant effect on the central nervous system; and 2
(2) the admixtures are included in combinations, quantity, proportion, or 3
concentration that vitiate the potential for abuse of the substances that have a depressant 4
effect on the central nervous system. 5
(i)] (B) The Department may not add a substance to Schedule IV under § 6
5–202 of this title unless the Department finds that: 7
(1) the substance has a low potential for abuse relative to the substances 8
listed in Schedule III; 9
(2) the substance has currently accepted medical use in treatment in the 10
United States; and 11
(3) abuse of the substance may lead to limited physical dependence or 12
psychological dependence relative to the substances in Schedule III. 13
5–406. 14
(a) Schedule V consists of each controlled dangerous substance: 15
[(1) listed in this section; 16
(2)] (1) added to Schedule V by the Department under § 5–202(b) of this 17
title; or 18
[(3)] (2) designated as a Schedule V controlled dangerous substance by 19
the federal government unless the Department objects under § 5–202(f) of this title. 20
[(b) Unless specifically excepted or unless listed in another schedule, any material, 21
compound, mixture, or preparation containing any of the following narcotic drugs and their 22
salts, as set forth below: 23
(1) reserved; and 24
(2) reserved. 25
(c) Any compound, mixture, or preparation containing any of the following 26
narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited 27
quantities as set forth below, which shall include one or more nonnarcotic active medicinal 28
ingredients in sufficient proportion to confer upon the compound, mixture, or preparation 29
valuable medicinal qualities other than those possessed by narcotic drugs alone: 30
(1) not more than 200 milligrams of codeine per 100 milliliters or per 100 31
grams; 32 HOUSE BILL 33 31
(2) not more than 100 milligrams of dihydrocodeine per 100 milliliters or 1
per 100 grams; 2
(3) not more than 100 milligrams of ethylmorphine per 100 milliliters or 3
per 100 grams; 4
(4) not more than 2.5 milligrams of diphenoxylate and not less than 25 5
micrograms of atropine sulfate per dosage unit; or 6
(5) difenoxin preparations 0.5mg/25ug ATSO4/DU (MOTOFEN). 7
(d) Unless specifically exempted or excluded or unless listed in another schedule, 8
any material, compound, mixture, or preparation that contains any quantity of the 9
following substances having a stimulant effect on the central nervous system, including its 10
salts, isomers, and salts of isomers: 11
(1) pyrovalerone; and 12
(2) reserved. 13
(e) Unless specifically exempted or excluded or unless listed in another schedule, 14
any material, compound, mixture, or preparation that contains any quantity of the 15
following substances having a depressant effect on the central nervous system, including 16
its salts: 17
(1) brivaracetam ((2S) –2–[(4R)–2–oxo–4–propylpyrrolidin–1–yl] 18
butanamide) (Briviact); 19
(2) ezogabine [N–[2–amino–4–(4–fluorobenzylamino)–phenyl]–carbamic 20
acid ethyl ester] (Potiga); 21
(3) lacosamide [(R)–2–acetoamido–N–benzyl–3–methoxy–propionamide] 22
(Vimpat); and 23
(4) pregabalin [(S)–3–(aminomethyl)–5–methylhexanoic acid] (Lyrica). 24
(f) A drug product in finished dosage formulation that has been approved by the 25
United States Food and Drug Administration that contains cannabidiol (2–[1R–3–methyl–26
6R–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol) derived from 27
cannabis and no more than 0.1% (w/w) residual tetrahydrocannabinols. 28
(g)] (B) The Department may not add a substance to Schedule V under § 5–202 29
of this title unless the Department finds: 30
(1) the substance has a low potential for abuse relative to the substances 31
listed in Schedule IV; 32 32 HOUSE BILL 33
(2) the substance has currently accepted medical use in the United States; 1
and 2
(3) abuse of the substance may lead to limited physical dependence or 3
psychological dependence liability relative to the substances listed in Schedule IV. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5
1, 2022. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.