LAWRENCE J. HOGAN, JR., Governor Ch. 285
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Chapter 285
(House Bill 33)
AN ACT concerning
Criminal Law – Controlled Dangerous Substances – Schedules – Adjustment
FOR the purpose of repealing certain lists of substances designated as controlled dangerous
substances under certain schedules under the Maryland Controlled Substances Act;
and generally relating to schedules of controlled dangerous substances.
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 5–101(z) through (dd) and 5–402 through 5–406
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Criminal Law
Section 5–202(a), (b), and (f)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Law
5–101.
(z) “Schedule I” means [a list of] THE controlled dangerous substances [that
appears] DESCRIBED in § 5–402 of this title.
(aa) “Schedule II” means [a list of] THE controlled dangerous substances [that
appears] DESCRIBED in § 5–403 of this title.
(bb) “Schedule III” means [a list of] THE controlled dangerous substances [that
appears] DESCRIBED in § 5–404 of this title.
(cc) “Schedule IV” means [a list of] THE controlled dangerous substances [that
appears] DESCRIBED in § 5–405 of this title.
(dd) “Schedule V” means [a list of] THE controlled dangerous substances [that
appears] DESCRIBED in § 5–406 of this title.
Ch. 285 2022 LAWS OF MARYLAND
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5–202.
(a) The Department shall control all substances listed in Subtitle 4 of this title.
(b) In accordance with the Administrative Procedure Act, the Department may
add a substance as a controlled dangerous substance on its own initiative or on the petition
of an interested party.
(f) (1) A new substance that is designated as a controlled substance under
federal law is a similarly controlled dangerous substance under this title unless the
Department objects to the inclusion.
(2) If the Department objects, it shall publish the reasons for the objection
and give each interested party an opportunity to be heard.
(3) After the hearing, the Department shall publish its decision, which is
final.
(4) An action for judicial review of a final decision made in accordance with
this section does not stay the effect of the decision.
5–402.
(a) Schedule I consists of each [controlled dangerous substance]:
(1) [listed in] CONTROLLED DANGEROUS SUBSTANCE ANALOGUE , AS
DEFINED IN SUBSECTIO N (B) OF this section;
(2) CONTROLLED DANGEROUS SUBSTANCE added to Schedule I by the
Department under § 5–202(b) of this title; [or] AND
(3) CONTROLLED DANGEROUS SUBSTANCE designated as a Schedule I
controlled dangerous substance by the federal government unless the Department objects
under § 5–202(f) of this title.
[(b) Unless specifically excepted under this subtitle or listed in another schedule,
any of the following opiates, including their isomers, including optical and geometric
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the
existence of such isomers, esters, ethers, or salts is possible within the specific chemical
designation, are substances listed in Schedule I:
(1) acetyl–alpha–methylfentanyl (N –[1–(1–methyl–2–phenethyl)–4–
piperidinyl]–N–phenylacetamide);
(2) acetylmethadol; LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(3) acetyl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylacetamide);
(4) Acryl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylacrylamide;
(5) AH–7921 (3,4–dichloro–N–[(1–dimethylamino) cyclohexylmethyl])
benzamide;
(6) allylprodine;
(7) alphacetylmethadol, except levo–alphacetylmethadol;
(8) alphameprodine;
(9) alphamethadol;
(10) alpha–methylfentanyl (N–[1–(alpha–methyl–beta–phenyl)ethyl–4–
piperidyl] propionanilide; 1–(1–methyl–2–phenylethyl)–4–(N–propanilido) piperidine);
(11) alpha–methylthiofentanyl (N –[1–methyl–2–(2–thienyl)ethyl–4–
piperidinyl]–N–phenylpropanamide);
(12) benzethidine;
(13) betacetylmethadol;
(14) beta–hydroxyfentanyl (N –[1–(2–hydroxy–2–phenethyl)–4–
piperidinyl]–N–phenylpropanamide);
(15) beta–hydroxy–3–methylfentanyl;
(16) N–[1–[2–hydroxy–2–(thiophen–2–yl)ethyl]piperidin–4–yl]–N–
phenylpropionamide;
(17) betameprodine;
(18) betamethadol;
(19) betaprodine;
(20) butyryl fentanyl (N –(1–phenethylpiperidin–4–yl)–N–
phenylbutyramide);
(21) clonitazene;
(22) dextromoramide; Ch. 285 2022 LAWS OF MARYLAND
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(23) diampromide;
(24) diethylthiambutene;
(25) difenoxin;
(26) dimenoxadol;
(27) dimepheptanol;
(28) dimethylthiambutene;
(29) dioxaphetyl butyrate;
(30) dipipanone;
(31) ethylmethylthiambutene;
(32) etonitazene;
(33) etoxeridine;
(34) 4–Fluoroisobutyryl fentanyl (N –(4–fluorophenyl)–N–(1–
phenethylpiperidin–4–yl)isobutyramide;
(35) furanyl fentanyl (N–(1–phenethylpiperidin–4–yl)–N–phenylfuran–2–
carboxamide);
(36) furethidine;
(37) hydroxypethidine;
(38) ketobemidone;
(39) levomoramide;
(40) levophenacylmorphan;
(41) 3–methylfentanyl (N–[3–methyl–1–(2–phenylethyl)–4–piperidyl]–N–
phenylpropanamide);
(42) 3–methylthiofentanyl;
(43) morpheridine;
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(44) MPPP (1–methyl–4–phenyl–4–propionoxypiperidine);
(45) mt–45 (1–cyclohexyl–4–(1,2–diphenylethyl)piperazine);
(46) noracymethadol;
(47) norlevorphanol;
(48) normethadone;
(49) norpipanone;
(50) ocfentanil (N–(2–fluorophenyl)–2–methoxy–N–(1–phenethylpiperidin–
4–yl)acetamide);
(51) para–fluorofentanyl (N–(4–fluorophenyl)–N–[1–(2–phenethyl)–4–
piperidinyl] propanamide;
(52) PEPAP (1–(–2–phenethyl)–4–phenyl–4–acetoxypiperidine);
(53) phenadoxone;
(54) phenampromide;
(55) phenomorphan;
(56) phenoperidine;
(57) piritramide;
(58) proheptazine;
(59) properidine;
(60) propiram;
(61) racemoramide;
(62) tetrahydrofuranyl fentanyl (N –(1–phenethylpiperidin–4–yl)–N–
phenyltetrahydrofuran–2–carboxamide);
(63) thiofentanyl;
(64) tilidine;
(65) trimeperidine; and Ch. 285 2022 LAWS OF MARYLAND
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(66) U–47700 (3,4 –dichloro–N–[2–(dimethylamino)cyclohexyl]–N–
methylbenzamide).
(c) Unless specifically excepted under this subtitle or listed in another schedule,
any of the following opium derivatives, including their salts, isomers, and salts of isomers,
whenever the existence of such salts, isomers, or salts of isomers is possible within the
specific chemical designation, are substances listed in Schedule I:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine–N–oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine (except hydrochloride salt);
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine–N–oxide;
(18) myrophine;
(19) nicocodeine; LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(20) nicomorphine;
(21) normorphine;
(22) pholcodine; and
(23) thebacon.
(d) Unless specifically excepted under this subtitle or listed in another schedule,
any material, compound, mixture, or preparation that contains any quantity of the
following hallucinogenic substances, or that contains any of its salts, isomers, including
optical, position, and geometric isomers, or salts of isomers, whenever the existence of such
salts, isomers, or salts of isomers is possible within the specific chemical designation, is a
substance listed in Schedule I:
(1) alpha–ethyltryptamine;
(2) 4–bromo–2,5–dimethoxy–amphetamine;
(3) 4–bromo–2,5–dimethoxyphenethylamine;
(4) 2,5–dimethoxyamphetamine;
(5) 2,5–dimethoxy–4–ethylamphetamine (DOET);
(6) 2,5–dimethoxy–4–(n)–propylthiophenethylamine (2C–T–7);
(7) 4–methoxyamphetamine (PMA);
(8) 5–methoxy–3,4–methylenedioxy–amphetamine;
(9) 4–methyl–2,5–dimethoxy–amphetamine;
(10) 3,4–methylenedioxy amphetamine;
(11) 3,4–methylenedioxymethamphetamine (MDMA);
(12) 3,4–methylenedioxy–N–ethylamphetamine (MDA);
(13) N–hydroxy–3,4–methylenedioxyamphetamine;
(14) 3,4,5–trimethoxyamphetamine;
(15) 5–methoxy–N, N–dimethyltryptamine;
Ch. 285 2022 LAWS OF MARYLAND
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(16) alpha–methyltryptamine (AMT);
(17) bufotenine;
(18) diethyltryptamine (DET);
(19) dimethyltryptamine (DMT);
(20) 5–methoxy–N, N–diisopropyltryptamine (5–MeO–DIPT);
(21) ibogaine;
(22) lysergic acid diethylamide;
(23) marijuana;
(24) mescaline;
(25) parahexyl–7374;
(26) peyote (meaning all parts of the plant presently classified botanically
as Lophophora williamsii lemaire, whether growing or not, the seeds thereof, any extract
from any part of such plant, and every compound, manufacture, salt, derivative, mixture,
or preparation of such plant, its seeds, or extracts);
(27) N–ethyl–3–piperidyl benzilate;
(28) N–methyl–3–piperidyl benzilate;
(29) psilocybin;
(30) psilocyn;
(31) tetrahydrocannabinols;
(32) ethylamine analog of phencyclidine (N –ethyl–1–
phenylcyclohexylamine);
(33) pyrrolidine analog of phencyclidine (1–(1–phenylcyclohexyl)–
pyrrolidine);
(34) thiophene analog of phencyclidine (1–[1–(2–thienyl)–cyclohexyl]–
piperidine);
(35) 1–[1–(2–thienyl)cyclohexyl]pyrrolidine;
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(36) 4–methylmethcathinone (mephedrone);
(37) 3, 4–methylenedioxypyrovalerone (MDPV);
(38) 2–(2,5–dimethoxy–4–ethylphenyl) ethanamine (2C–E);
(39) 2–(2,5–dimethoxy–4–methylphenyl) ethanamine (2C–D);
(40) 2–(4–chloro–2,5–dimethoxyphenyl) ethanamine (2C–C);
(41) 2–(4–iodo–2,5–dimethoxyphenyl) ethanamine (2C–I);
(42) 2–[4–(ethylthio)–2,5–dimethoxyphenyl] ethanamine (2C–T–2);
(43) 2–[4–(isopropylthio)–2,5–dimethoxyphenyl] ethanamine (2C–T–4);
(44) 2–(2,5–dimethoxyphenyl) ethanamine (2C–H);
(45) 2–(2,5–dimethoxy–4–nitro–phenyl) ethanamine (2C–N);
(46) 2–(2,5–dimethoxy–4–(n)–propylphenyl) ethanamine (2C–P);
(47) 3,4–methylenedioxy–N–methylcathinone (methylone);
(48) (1–pentyl–1H–indol–3–yl) (2,2,3,3–tetramethylcyclopropyl) methanone
(UR–144);
(49) [1–(5–fluoro–pentyl)–1H–indol–3–yl](2,2,3,3–tetramethylcyclopropyl)
methanone (5–fluoro–UR–144, XLR11);
(50) N–(1–adamantyl)–1–pentyl–1H–indazole–3–carboxamide (APINACA,
AKB48);
(51) quinolin–8–yl 1–pentyl–1H–indole–3–carboxylate (PB–22);
(52) quinolin–8–yl 1–(5–fluoropentyl)–1H–indole–3–carboxylate (5–fluoro–
PB–22);
(53) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–(4–fluorobenzyl)–1H–
indazole–3–carboxamide (AB–FUBINACA);
(54) N–(1–amino–3, 3 –dimethyl–1–oxobutan–2–yl)–1–pentyl–1H–
indazole–3–carboxamide (ADB–PINACA);
(55) 2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine
(25I–NBOMe); Ch. 285 2022 LAWS OF MARYLAND
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(56) 2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine
(25C–NBOMe);
(57) 2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl) ethanamine
(25B–NBOMe);
(58) marijuana extract (meaning an extract containing one or more
cannabinoids that has been derived from any plant of the genus cannabis, other than the
separated resin, whether crude or purified, obtained from the plant);
(59) 4–methyl–N–ethylcathinone (4–MEC);
(60) 4–methyl–alpha–pyrrolidinopropiophenone (4–MePPP);
(61) alpha–pyrrolidinopentiophenone (alpha–PVP);
(62) 1–(1,3–benzodioxol–5–yl)–2–(methylamino) butan–1–one (butylone);
(63) 2–(methylamino)–1–phenylpentan–1–one (pentedrone);
(64) 1–(1,3–benzodioxol–5–yl)–2–(methylamino) pentan–1–one (pentylone);
(65) 4–fluoro–N–methylcathinone (flephedrone);
(66) 3–fluoro–N–methylcathinone (3–FMC);
(67) 1–(naphthalen–2–yl)–2–(pyrrolidin–1–yl)pentan–1–one (naphyrone);
(68) alpha–pyrrolidinobutiophenone (alpha–PBP);
(69) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–(cyclohexylmethyl)–1H–
indazole–3–carboxamide (AB–CHMINACA);
(70) N–(1–amino–3–methyl–1–oxobutan–2–yl)–1–pentyl–1H–indazole–3–
carboxamide (AB–PINACA);
(71) [1–(5–fluoropentyl)–1H–indazol–3–yl](naphthalen–1–yl)methanone
(THJ–2201); and
(72) N–(1–amino–3,3–dimethyl–1–oxobutan–2–yl)–1–(cyclohexylmethyl)–
1H–indazole–3–carboxamide (MAB–CHMINACA).
(e) Unless specifically excepted under this subtitle or listed in another schedule,
a material, compound, mixture, or preparation that contains any quantity of the following
substances having depressant effects on the central nervous system, or that contains its LAWRENCE J. HOGAN, JR., Governor Ch. 285
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salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of
isomers is possible within the specific chemical designation, is a substance listed in
Schedule I:
(1) gamma–hydroxybutyric acid (GHB);
(2) mecloqualone; and
(3) methaqualone.
(f) Unless specifically excepted or listed in another schedule, any material,
compound, mixture, or preparation that contains any quantity of the following substances
having a stimulant effect on the central nervous system, or that contains its salts, isomers,
or salts of isomers, is a substance listed in Schedule I:
(1) aminorex;
(2) N–benzylpiperazine (BZP);
(3) cathinone;
(4) fenethylline;
(5) methcathinone;
(6) (±)cis–4–methylaminorex ((±)cis–4,5–dihydro–4–methyl–5–phenyl–2–
oxazolamine);
(7) N–ethylamphetamine; and
(8) N, N–dimethylamphetamine.
(g) Unless specifically excepted under this subtitle or listed in another schedule,
any material, compound, mixture, or preparation that contains any quantity of the
following substances, or that contains their salts, isomers, or salts of isomers, whenever the
existence of such salts, isomers, or salts of isomers is possible within the specific chemical
designation, is a substance listed in Schedule I:
(1) 5–(1, 1–dimethylheptyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol
(CP–47,497);
(2) 5–(1,1–dimethyloctyl)–2–[(1R,3S)–3–hydroxycyclohexyl]–phenol (CP–
47,497 C8 homolog);
(3) 1–pentyl–3–(1–naphthoyl) indole (JWH–018 and AM678);
Ch. 285 2022 LAWS OF MARYLAND
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(4) 1–butyl–3–(1–naphthoyl) indole (JWH–073);
(5) 1–hexyl–3–(1–naphthoyl) indole (JWH–019);
(6) 1–[2–(4–morpholinyl)ethyl]–3–(1–naphthoyl) indole (JWH–200);
(7) 1–pentyl–3–(2–methoxyphenylacetyl) indole (JWH–250);
(8) 1–pentyl–3–[1–(4–methoxynaphthoyl)] indole (JWH–081);
(9) 1–pentyl–3–(4–methyl–1–naphthoyl) indole (JWH–122);
(10) 1–pentyl–3–(4–chloro–1–naphthoyl) indole (JWH–398);
(11) 1–(5–fluoropentyl)–3–(1–naphthoyl) indole (AM2201);
(12) 1–(5–fluoropentyl)–3–(2–iodobenzoyl) indole (AM694);
(13) 1–pentyl–3–[(4–methoxy)–benzoyl] indole (SR–19 and RCS–4);
(14) 1–cyclohexylethyl–3–(2–methoxyphenylacetyl) indole 7008 (SR–18 and
RCS–8); and
(15) 1–pentyl–3–(2–chlorophenylacetyl) indole (JWH–203).
(h)] (B) (1) In this subsection:
(i) “controlled dangerous substance analogue” means a substance:
1. that has a chemical structure substantially similar to the
chemical structure of a controlled dangerous substance [listed] DESCRIBED in Schedule I
or Schedule II; and
2. that has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous
substance [listed] DESCRIBED in Schedule I or Schedule II; but
(ii) “controlled dangerous substance analogue” does not include:
1. a controlled dangerous substance;
2. a substance for which there is an approved new drug
application; or
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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3. a substance exempted for investigational use under § 506
of the Federal Food, Drug, and Cosmetic Act.
(2) To the extent intended for human consumption, each controlled
dangerous substance analogue is a substance [listed] DESCRIBED in Schedule I.
[(i)] (C) The Department may not add a substance to Schedule I under § 5–202
of this title unless the Department finds:
(1) a high potential for abuse of the substance;
(2) no accepted medical use in the United States for the substance; and
(3) a lack of accepted safety for use of the substance under medical
supervision.
5–403.
(a) Schedule II consists of each controlled dangerous substance:
[(1) listed in this section;
(2)] (1) added to Schedule II by the Department under § 5–202(b) of this
title; or
[(3)] (2) designated as a Schedule II controlled dangerous substance by
the federal government unless the Department objects under § 5–202(f) of this title.
[(b) Unless specifically excepted or unless listed in another schedule, any of the
following substances whether produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis:
(1) opium and opiate, and any salt, compound, derivative, or preparation
of opium or opiate excluding apomorphine, thebaine–derived butorphanol, dextrorphan,
nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, and naltrexone, and their
respective salts, but including the following:
(i) codeine;
(ii) dihydroetorphine;
(iii) ethylmorphine;
(iv) etorphine hydrochloride;
Ch. 285 2022 LAWS OF MARYLAND
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(v) granulated opium;
(vi) hydrocodone;
(vii) hydromorphone;
(viii) metopon;
(ix) morphine;
(x) opium extracts;
(xi) opium fluid;
(xii) oripavine;
(xiii) oxycodone;
(xiv) oxymorphone;
(xv) powdered opium;
(xvi) raw opium;
(xvii) thebaine; and
(xviii) tincture of opium;
(2) any salt, compound, derivative, or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in item (1) of this
subsection, except that these substances may not include the isoquinoline alkaloids of
opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative, or preparation of coca
leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of
isomers and derivatives, and any salt, compound, derivative, or preparation thereof which
is chemically equivalent or identical with any of these substances, except that the
substances may not include:
(i) decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine; or
(ii) ioflupane; and
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(5) concentrate of poppy straw (the crude extract of poppy straw in either
liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium
poppy).
(c) Unless specifically excepted or unless in another schedule any of the following
opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of such isomers, esters, ethers, and salts is possible within the
specific chemical designation, dextrorphan and levopropoxyphene excepted:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (non–dosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) diphenoxylate;
(9) fentanyl;
(10) isomethadone;
(11) levo–alphacetylmethadol;
(12) levomethorphan;
(13) levorphanol;
(14) metazocine;
(15) methadone;
(16) methadone – intermediate, 4–cyano–2–dimethylamino–4, 4–diphenyl
butane;
(17) moramide – intermediate, 2–methyl–3–morpholino–1, 1–
diphenylpropane–carboxylic acid;
(18) pethidine (meperidine); Ch. 285 2022 LAWS OF MARYLAND
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(19) pethidine – intermediate – A, 4–cyano–1–methyl–4–phenylpiperidine;
(20) pethidine – intermediate – B, ethyl–4–phenylpiperidine–4–carboxylate;
(21) pethidine – intermediate – C, 1–methyl–4–phenylpiperidine–4–
carboxylic acid;
(22) phenazocine;
(23) piminodine;
(24) racemethorphan;
(25) racemorphan;
(26) remifentanil;
(27) sulfentanil;
(28) tapentadol; and
(29) thiafentanil.
(d) Unless specifically excepted under this subtitle or listed in another schedule,
a substance is listed in Schedule II if the substance includes a material, compound, mixture,
or preparation that contains any quantity of the following substances having a potential
for abuse associated with a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) methamphetamine, its salts, isomers, and salts of isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate; and
(5) lisdexamfetamine, its salts, isomers, and salts of isomers.
(e) Unless specifically excepted under this subtitle or listed in another schedule,
a substance is listed in Schedule II if the substance includes a material, compound, mixture,
or preparation that contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation:
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(1) amobarbital;
(2) glutethimide;
(3) pentobarbital;
(4) phencyclidine; and
(5) secobarbital.
(f) As listed in Schedule II under Title 21 of the Code of Federal Regulations:
(1) nabilone; and
(2) dronabinol [(–)–delta–9–trans tetrahydrocannabinol] in an oral
solution in a drug product approved for marketing by the United States Food and Drug
Administration.
(g) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances:
(1) immediate precursor to amphetamine and methamphetamine:
(i) phenylacetone; and
(ii) reserved;
(2) immediate precursors to phencyclidine (PCP):
(i) 1–phenylcyclohexylamine; and
(ii) 1–piperidinocyclohexanecarbonitrile (PCC); and
(3) immediate precursor to fentanyl:
(i) 4–anilino–N–phenethylpiperidine (ANPP); and
(ii) reserved.
(h)] (B) The Department may not add a substance to Schedule II under § 5–202
of this title unless the Department finds:
(1) a high potential for abuse of the substance;
Ch. 285 2022 LAWS OF MARYLAND
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(2) currently accepted medical use of the substance in the United States,
or currently accepted medical use with severe restrictions; and
(3) evidence that abuse of the substance may lead to severe psychological
or physical dependence.
5–404.
(a) Schedule III consists of each controlled dangerous substance by whatever
official name, common or usual name, chemical name, or brand name [designated]:
[(1) listed in this section;
(2)] (1) added to Schedule III by the Department under § 5–202(b) of this
title; or
[(3)] (2) designated as a Schedule III controlled dangerous substance by
the federal government unless the Department objects under § 5–202(f) of this title.
[(b) (1) Unless specifically excepted or listed in another schedule, a substance
is listed in Schedule III if the substance includes a material, compound, mixture, or
preparation that contains any quantity of the following substances having a stimulant
effect on the central nervous system:
(i) those compounds, mixtures, or preparations in dosage unit form
containing any stimulant substances listed in Schedule II, which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted compounds under § 1308.32 of the
Code of Federal Regulations, and any other drug of the quantitative composition shown in
that list for those drugs or that is the same except that it contains a lesser quantity of
controlled substances;
(ii) benzphetamine;
(iii) chlorphentermine;
(iv) clortermine; and
(v) phendimetrazine.
(2) Subject to paragraph (3) of this subsection, substances in Schedule III
include:
(i) a salt of a substance listed in this subsection;
(ii) an optical, position, or geometric isomer of a substance listed in
this subsection; or LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(iii) a salt of an isomer of a substance listed in this subsection.
(3) Unless listed in another schedule, a salt, isomer, or salt of an isomer
described in paragraph (2) of this subsection may be included in Schedule III only if the
existence of the salts, isomers, and salts of isomers is possible within the specific chemical
designation.
(c) Unless listed in another schedule, a substance is listed in Schedule III if the
substance includes a material, compound, mixture, or preparation that contains any
quantity of the following substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(1) any compound, mixture, or preparation containing:
(i) amobarbital;
(ii) secobarbital;
(iii) pentobarbital; or
(iv) any salt thereof and one or more other active medicinal
ingredients that are not listed in any schedule;
(2) any suppository dosage form containing:
(i) amobarbital;
(ii) secobarbital;
(iii) pentobarbital; or
(iv) any salt of any of these drugs and approved by the U.S. Food and
Drug Administration for marketing only as a suppository;
(3) except those substances that are specifically listed in other schedules,
a substance that contains any quantity of a derivative of barbituric acid, a salt of a
derivative of a barbituric acid, or butalbital, including, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts, (Fioricet) and (Fiorinal);
(4) chlorhexadol;
(5) embutramide;
Ch. 285 2022 LAWS OF MARYLAND
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(6) any drug product containing gamma hydroxybutyric acid, including its
salts, isomers, and salts of isomers, for which an application is approved under Section 505
of the Federal Food, Drug, and Cosmetic Act;
(7) ketamine, its salts, isomers, and salts of isomers;
(8) lysergic acid;
(9) lysergic acid amide;
(10) methyprylon;
(11) perampanel, and its salts, isomers, and salts of isomers (FYCOMPA);
(12) sulfondiethylmethane;
(13) sulfonethylmethane;
(14) sulfonmethane; and
(15) tiletamine and zolazepam or any salt thereof, including a tiletamine–
zolazepam combination product (trade name Telazol).
(d) As listed in Schedule III under Title 21 of the Code of Federal Regulations,
nalorphine 9400.
(e) Unless specifically excepted or unless listed in another schedule:
(1) substances listed in Schedule III include any material, compound,
mixture, or preparation containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(i) not more than 1.80 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with an equal or greater quantity of an
isoquinoline alkaloid of opium;
(ii) not more than 1.80 grams of codeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts;
(iii) not more than 1.80 grams of dihydrocodeine per 100 milliliters
or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts;
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(iv) not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
(v) not more than 500 milligrams of opium per 100 milliliters or per
100 grams, or not more than 25 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts;
(vi) not more than 100 milligrams of opium per 100 milliliters or per
100 grams, or not more than 5 milligrams per dosage unit; and
(vii) not more than 50 milligrams of morphine per 100 milliliters or
per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts.
(2) any material, compound, mixture, or preparation containing any of the
following narcotic drugs or their salts, as set forth below:
(i) buprenorphine; and
(ii) reserved.
(3) if not combined with one or more active medicinal ingredients that are
listed in another schedule, substances listed in Schedule III include a suppository dosage
form or salt of a suppository dosage that contains:
(i) amobarbital;
(ii) secobarbital; or
(iii) pentobarbital.
(f) (1) Except as provided in paragraph (2) of this subsection, an anabolic
steroid consisting of any material, compound, mixture, or preparation containing any
quantity of the following substances, including its salts, esters, and ethers:
(i) 3beta,17–dihydroxy–5a–androstane;
(ii) 3alpha,17beta–dihydroxy–5a–androstane;
(iii) 5 alpha–androstan–3,17–dione;
(iv) 1–androstenediol (3beta,17beta–dihydroxy–5alpha–androst–1–
ene);
Ch. 285 2022 LAWS OF MARYLAND
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(v) 1–androstenediol (3alpha,17beta–dihydroxy–5alpha–androst–
1–ene);
(vi) 4–androstenediol (3beta,17beta–dihydroxy–androst–4–ene);
(vii) 5–androstenediol (3beta,17beta–dihydroxy–androst–5–ene);
(viii) 1–androstenedione;
(ix) 4–androstenedione;
(x) 5–androstenedione;
(xi) bolasterone;
(xii) boldenone;
(xiii) boldione;
(xiv) calusterone;
(xv) chlorotestosterone (clostebol);
(xvi) dehydrochloromethyltestosterone;
(xvii) desoxymethyltestosterone;
(xviii) delta1–dihydrotestosterone (17beta–hydroxy–5alpha–androst–
1–en–3–one);
(xix) dihydrotestosterone (4–dihydrotestosterone) (17beta–hydroxy–
androstan–3–one) (stanolone);
(xx) drostanolone;
(xxi) ethylestrenol;
(xxii) fluoxymesterone;
(xxiii) formebolone;
(xxiv) furazabol;
(xxv) 13beta–ethyl–17beta–hydroxygon–4–en–3–one;
(xxvi) 4–hydroxytestosterone; LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(xxvii) 4–hydroxy–19–nortestosterone;
(xxviii) mestanolone (17alpha–methyl–17beta–hydroxy–5–
androstan–3–one);
(xxix) mesterolone;
(xxx) methandienone (methandrostenolone) (17alpha –methyl–
17beta–hydroxyandrost–1,4–dien–3–one);
(xxxi) methandriol;
(xxxii) methasterone;
(xxxiii) methenolone;
(xxxiv) 17alpha–methyl–3beta, 17beta –dihydroxy–5a–
androstane;
(xxxv) 17alpha–methyl–3alpha, 17beta–dihydroxy–5a–androstane;
(xxxvi) 17alpha–methyl–3beta, 17beta–dihydroxyandrost–4–ene;
(xxxvii) 17alpha–methyl–4–hydroxynandrolone;
(xxxviii) methyldienolone;
(xxxix) methyltrienolone;
(xl) methyltestosterone;
(xli) mibolerone;
(xlii) 17alpha–methyl–delta1–dihydrotestosterone;
(xliii) nandrolone;
(xliv) 19–nor–4–androstenediol (3beta, 17beta–dihydroxyestr–4–ene);
(xlv) 19–nor–4–androstenediol (3alpha, 17beta–dihydroxyestr–4–
ene);
(xlvi) 19–nor–5–androstenediol (3beta, 17beta–dihydroxyestr–5–ene);
Ch. 285 2022 LAWS OF MARYLAND
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(xlvii) 19–nor–5–androstenediol (3alpha, 17beta–dihydroxyestr–5–
ene);
(xlviii) 19–nor–4,9(10)–androstadienedione;
(xlix) 19–nor–4–androstenedione;
(l) 19–nor–5–androstenedione;
(li) norbolethone (13beta, 17alpha–diethyl–17beta–hydroxygon–4–
en–3–one);
(lii) norclostebol;
(liii) norethandrolone;
(liv) normethandrolone;
(lv) oxandrolone;
(lvi) oxymesterone;
(lvii) oxymetholone;
(lviii) prostanozol;
(lix) stanozolol;
(lx) stenbolone;
(lxi) testolactone;
(lxii) testosterone;
(lxiii) tetrahydrogestrinone; and
(lxiv) trenbolone.
(2) The following substances are not included in Schedule III:
(i) an estrogen, progestin, or corticosteroid; or
(ii) a substance covered by paragraph (1) of this subsection if:
1. expressly intended for administration through implants to
cattle or other nonhuman species; and LAWRENCE J. HOGAN, JR., Governor Ch. 285
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2. approved for that use by the U.S. Food and Drug
Administration.
(g) Hallucinogenic substances include:
(1) dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin
capsule in a U.S. Food and Drug Administration–approved product; and
(2) reserved.
(h)] (B) The Department may not add a substance to Schedule III under §
5–202 of this title unless the Department finds:
(1) a potential for abuse of the substance that is less than that for the
substances listed in Schedule I and Schedule II;
(2) well documented and approved medical use of the substance in the
United States; and
(3) evidence that abuse of the substance may lead to moderate or low
physical dependence or high psychological dependence.
5–405.
(a) Schedule IV consists of each controlled dangerous substance:
[(1) listed in this section;
(2)] (1) added to Schedule IV by the Department under § 5–202(b) of this
title; or
[(3)] (2) designated as a Schedule IV controlled dangerous substance by
the federal government unless the Department objects under § 5–202(f) of this title.
[(b) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing any of the following narcotic drugs, or their
salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth
below:
(1) not more than 1 milligram of difenoxin and not less than 25 micrograms
of atropine sulfate per dosage unit;
(2) dextropropoxyphene (alpha–(+)–4–dimethylamino–1, 2–diphenyl–3–
methyl–2–propionoxybutane); and
Ch. 285 2022 LAWS OF MARYLAND
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(3) 2–[(dimethylamino)methyl]–1–(3–methoxyphenyl)cyclohexanol, its
salts, optical and geometric isomers and salts of these isomers (including tramadol).
(c) Substances listed in Schedule IV include a material, compound, mixture, or
preparation that contains any quantity of the following substances having a potential for
abuse associated with a depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designations:
(1) alfaxalone;
(2) alprazolam;
(3) barbital;
(4) brexanolone;
(5) bromazepam;
(6) camazepam;
(7) carisoprodol;
(8) chloral betaine;
(9) chloral hydrate;
(10) chlordiazepoxide;
(11) clobazam;
(12) clonazepam;
(13) clorazepate;
(14) clotiazepam;
(15) cloxazolam;
(16) delorazepam;
(17) diazepam;
(18) dichloralphenazone;
(19) estazolam; LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(20) ethchlorvynol;
(21) ethinamate;
(22) ethyl loflazepate;
(23) fludiazepam;
(24) flunitrazepam;
(25) flurazepam;
(26) fospropofol;
(27) halazepam;
(28) haloxazolam;
(29) ketazolam;
(30) loprazolam;
(31) lorazepam;
(32) lormetazepam;
(33) mebutamate;
(34) medazepam;
(35) meprobamate;
(36) methohexital;
(37) methylphenobarbital (mephobarbital);
(38) midazolam;
(39) nimetazepam;
(40) nitrazepam;
(41) nordiazepam;
(42) oxazepam; Ch. 285 2022 LAWS OF MARYLAND
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(43) oxazolam;
(44) paraldehyde;
(45) petrichloral;
(46) phenobarbital;
(47) pinazepam;
(48) prazepam;
(49) quazepam;
(50) suvorexant (Belsomra);
(51) temazepam;
(52) tetrazepam;
(53) triazolam;
(54) zaleplon (Sonata);
(55) zolpidem (Ambien); and
(56) zopiclone (Lunesta).
(d) Substances listed in Schedule IV include:
(1) a material, compound, mixture, or preparation that contains
fenfluramine; and
(2) if its existence is possible:
(i) a salt of fenfluramine;
(ii) an optical, position, or geometric isomer of fenfluramine,
including dexfenfluramine; and
(iii) a salt of an isomer of fenfluramine.
(e) Substances listed in Schedule IV include:
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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(1) a material, compound, mixture, or preparation that contains lorcaserin;
and
(2) if its existence is possible:
(i) a salt of lorcaserin;
(ii) an optical, position, or geometric isomer of lorcaserin; and
(iii) a salt of an isomer of lorcaserin.
(f) Substances listed in Schedule IV include a material, compound, mixture, or
preparation that contains any quantity of the following substances having a potential for
abuse associated with a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
(1) cathine ((+)–norpseudoephedrine);
(2) diethylpropion;
(3) fencamfamin;
(4) fenproporex;
(5) mazindol;
(6) mefenorex;
(7) modafinil;
(8) pemoline, including organometallic complexes and their chelates;
(9) phentermine;
(10) pipradrol;
(11) sibutramine;
(12) solriamfetol (2–amino–3–phenylpropyl carbamate; benzenepropanol,
beta–amino–, carbamate (ester)); and
(13) SPA ((–)–1–dimethylamino– 1,2–diphenylethane).
(g) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation that contains any quantity of the following substances,
including its salts: Ch. 285 2022 LAWS OF MARYLAND
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(1) pentazocine;
(2) butorphanol (including its optical isomers); and
(3) eluxadoline (5 –[[[(2S)–2–amino–3–[4–aminocarbonyl)–2, 6 –
dimethylphenyl]–1–oxopropyl][(1S)–1–(4–phenyl–1H–imidazol–2–
yl)ethyl]amino]methyl]–2–methoxybenzoic acid) (including its optical isomers) and its
salts, isomers, and salts of isomers.
(h) By regulation, the Department may exempt from this section a compound,
mixture, or preparation that contains a depressant substance listed in subsection (c) of this
section if:
(1) the compound, mixture, or preparation contains an active medicinal
ingredient that does not have a depressant effect on the central nervous system; and
(2) the admixtures are included in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances that have a depressant
effect on the central nervous system.
(i)] (B) The Department may not add a substance to Schedule IV under §
5–202 of this title unless the Department finds that:
(1) the substance has a low potential for abuse relative to the substances
listed in Schedule III;
(2) the substance has currently accepted medical use in treatment in the
United States; and
(3) abuse of the substance may lead to limited physical dependence or
psychological dependence relative to the substances in Schedule III.
5–406.
(a) Schedule V consists of each controlled dangerous substance:
[(1) listed in this section;
(2)] (1) added to Schedule V by the Department under § 5–202(b) of this
title; or
[(3)] (2) designated as a Schedule V controlled dangerous substance by
the federal government unless the Department objects under § 5–202(f) of this title.
LAWRENCE J. HOGAN, JR., Governor Ch. 285
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[(b) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing any of the following narcotic drugs and their
salts, as set forth below:
(1) reserved; and
(2) reserved.
(c) Any compound, mixture, or preparation containing any of the following
narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited
quantities as set forth below, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture, or preparation
valuable medicinal qualities other than those possessed by narcotic drugs alone:
(1) not more than 200 milligrams of codeine per 100 milliliters or per 100
grams;
(2) not more than 100 milligrams of dihydrocodeine per 100 milliliters or
per 100 grams;
(3) not more than 100 milligrams of ethylmorphine per 100 milliliters or
per 100 grams;
(4) not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit; or
(5) difenoxin preparations 0.5mg/25ug ATSO4/DU (MOTOFEN).
(d) Unless specifically exempted or excluded or unless listed in another schedule,
any material, compound, mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central nervous system, including its
salts, isomers, and salts of isomers:
(1) pyrovalerone; and
(2) reserved.
(e) Unless specifically exempted or excluded or unless listed in another schedule,
any material, compound, mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central nervous system, including
its salts:
(1) brivaracetam ((2S) –2–[(4R)–2–oxo–4–propylpyrrolidin–1–yl]
butanamide) (Briviact);
Ch. 285 2022 LAWS OF MARYLAND
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(2) ezogabine [N–[2–amino–4–(4–fluorobenzylamino)–phenyl]–carbamic
acid ethyl ester] (Potiga);
(3) lacosamide [(R)–2–acetoamido–N–benzyl–3–methoxy–propionamide]
(Vimpat); and
(4) pregabalin [(S)–3–(aminomethyl)–5–methylhexanoic acid] (Lyrica).
(f) A drug product in finished dosage formulation that has been approved by the
United States Food and Drug Administration that contains cannabidiol (2–[1R–3–methyl–
6R–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol) derived from
cannabis and no more than 0.1% (w/w) residual tetrahydrocannabinols.
(g)] (B) The Department may not add a substance to Schedule V under § 5–202
of this title unless the Department finds:
(1) the substance has a low potential for abuse relative to the substances
listed in Schedule IV;
(2) the substance has currently accepted medical use in the United States;
and
(3) abuse of the substance may lead to limited physical dependence or
psychological dependence liability relative to the substances listed in Schedule IV.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2022.
Approved by the Governor, May 12, 2022.