EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0556*
HOUSE BILL 556
E1 5lr1996
HB 706/24 – JUD CF SB 370
By: Delegates Simpson, Embry, R. Lewis, and Young
Introduced and read first time: January 22, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Drug Paraphernalia for Administration – Decriminalization 2
FOR the purpose of repealing the prohibition against a person using or possessing with 3
intent to use, delivering or selling under certain circumstances, or manufacturing or 4
possessing with intent to deliver or sell under certain circumstances drug 5
paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body 6
a controlled dangerous substance; altering a prohibition against a person possessing 7
or distributing controlled paraphernalia under circumstances that reasonably 8
indicate an intention to use the controlled paraphernalia for certain purposes; 9
altering a list of certain items that indicate intent to use certain controlled 10
paraphernalia for certain purposes; and generally relating to drug paraphernalia. 11
BY repealing and reenacting, without amendments, 12
Article – Criminal Law 13
Section 5–101(a) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Law 18
Section 5–101(h), 5–619(c) and (d), and 5–620(a), (b), and (d) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE G ENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Criminal Law 24
5–101. 25
2 HOUSE BILL 556
(a) In this title the following words have the meanings indicated. 1
(h) “Controlled paraphernalia” means: 2
(1) [a hypodermic syringe, needle, or any other object or combination of 3
objects adapted to administer a controlled dangerous substance by hypodermic injection; 4
(2)] a gelatin capsule, glassine envelope, or other container suitable for 5
packaging individual quantities of a controlled dangerous substance; or 6
[(3)] (2) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine 7
hydrochloride, or any other substance suitable as a diluent or adulterant. 8
5–619. 9
(c) (1) Unless authorized under this title, a person may not use or possess with 10
intent to use drug paraphernalia to[: 11
(i)] plant, propagate, cultivate, grow, harvest, manufacture, 12
compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 13
controlled dangerous substance[; or 14
(ii) inject, ingest, inhale, or otherwise introduce into the human body 15
a controlled dangerous substance]. 16
(2) A person who violates this subsection is guilty of a misdemeanor and 17
on conviction is subject to: 18
(i) for a first violation, a fine not exceeding $500; and 19
(ii) for each subsequent violation, imprisonment not exceeding [2 20
years] 1 YEAR or a fine not exceeding [$2,000] $1,000 or both. 21
(3) A person who is convicted of violating this subsection for the first time 22
and who previously has been convicted of violating subsection (d)(4) of this section is subject 23
to the penalty specified under paragraph (2)(ii) of this subsection. 24
(d) (1) Unless authorized under this title, a person may not deliver or sell, or 25
manufacture or possess with intent to deliver or sell, drug paraphernalia, knowing, or 26
under circumstances where one reasonably should know, that the drug paraphernalia will 27
be used to[: 28
(i)] plant, propagate, cultivate, grow, harvest, manufacture, 29
compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 30
controlled dangerous substance[; or 31
HOUSE BILL 556 3
(ii) inject, ingest, inhale, or otherwise introduce into the human body 1
a controlled dangerous substance]. 2
(2) A person who violates this subsection is guilty of a misdemeanor and 3
on conviction is subject to: 4
(i) for a first violation, a fine not exceeding $500; and 5
(ii) for each subsequent violation, imprisonment not exceeding [2 6
years] 1 YEAR or a fine not exceeding [$2,000] $1,000 or both. 7
(3) A person who is convicted of violating this subsection for the first time 8
and who previously has been convicted of violating paragraph (4) of this subsection is 9
subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both. 10
(4) If a person who is at least 18 years old violates paragraph (1) of this 11
subsection by delivering drug paraphernalia to a minor who is at least 3 years younger than 12
the person, the person is guilty of a separate misdemeanor and on conviction is subject to 13
imprisonment not exceeding 8 years or a fine not exceeding $15,000 or both. 14
5–620. 15
(a) Unless authorized under this title, a person may not: 16
(1) obtain or attempt to obtain controlled paraphernalia by: 17
(i) fraud, deceit, misrepresentation, or subterfuge; 18
(ii) counterfeiting a prescription or a written order; 19
(iii) concealing a material fact or the use of a false name or address; 20
(iv) falsely assuming the title of or representing to be a 21
manufacturer, distributor, or authorized provider; or 22
(v) making or issuing a false or counterfeit prescription or written 23
order; or 24
(2) possess or distribute controlled paraphernalia under circumstances 25
which reasonably indicate an intention to use the controlled paraphernalia for purposes of 26
illegally [administering] MANUFACTURING , DISTRIBUTING, OR DISPENSING a 27
controlled dangerous substance. 28
(b) Evidence of circumstances that reasonably indicate an intent to use controlled 29
paraphernalia to manufacture, [administer,] distribute, or dispense a controlled dangerous 30
substance unlawfully include the close proximity of the controlled paraphernalia to an 31 4 HOUSE BILL 556
adulterant, diluent, or equipment commonly used to illegally manufacture, [administer,] 1
distribute, or dispense controlled dangerous substances, including: 2
(1) a scale; 3
(2) a sieve; 4
(3) a strainer; 5
(4) [a measuring spoon; 6
(5)] staples; 7
[(6)] (5) a stapler; 8
[(7)] (6) a glassine envelope; 9
[(8)] (7) a gelatin capsule; 10
[(9)] (8) procaine hydrochloride; 11
[(10)] (9) mannitol; 12
[(11)] (10) lactose; 13
[(12)] (11) quinine; and 14
[(13)] (12) a controlled dangerous substance. 15
(d) A person who violates this section is guilty of a misdemeanor and on conviction 16
is subject to imprisonment not exceeding [4 years] 1 YEAR or a fine not exceeding [$25,000] 17
$1,000 or both. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2025. 20