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2020 Regular Session

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2020 Regular Session LAWRENCE J. HOGAN, JR., Governor Ch. 298 Chapter 298 (House Bill 674) AN ACT concerning Controlled Dangerous Substances – Schedules FOR the purpose of altering the lists of substances designated as controlled dangerous substances under certain schedules under the Maryland Controlled Dangerous Substances Act; making stylistic changes; and generally relating to schedules for controlled dangerous substances. BY repealing and reenacting, with amendments, Article – Criminal Law Section 5–402 through 5–406 Annotated Code of Maryland (2012 Replacement Volume and 2019 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Criminal Law 5–402. (a) Schedule I consists of each controlled dangerous substance: (1) listed in this section; (2) added to Schedule I by the Department under § 5–202(b) of this title; or (3) 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] ACETYL–ALPHA–METHYLFENTANYL (N–[1–(1–METHYL–2–PHENETHYL)–4–PIPERIDINYL]–N–PHENYLACETAMIDE); (2) acetylmethadol; – 1 – Ch. 298 2020 LAWS OF MARYLAND (3) [acetyl fentanyl (n–(1–phenethylpiperidine–4–yl)–n–phenylacetamide)] 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] AH–7921 (3,4–DICHLORO–N–[(1–DIMETHYLAMINO) CYCLOHEXYLMETHYL]) BENZAMIDE; [(5)] (6) allylprodine; [(6)] (7) alphacetylmethadol, except [levoalphacetylmethadol] LEVO–ALPHACETYLMETHADOL; [(7)] (8) alphameprodine; [(8)] (9) alphamethadol; [(9)] (10) [alpha–methylfentanyl] ALPHA–METHYLFENTANYL (N–[1–(ALPHA–METHYL–BETA–PHENYL)ETHYL–4–PIPERIDYL] PROPIONANILIDE; 1–(1–METHYL–2–PHENYLETHYL)–4–(N–PROPANILIDO) PIPERIDINE); [(10)] (11) [alpha–methylthiofentanyl] ALPHA–METHYLTHIOFENTANYL (N–[1–METHYL–2–(2–THIENYL)ETHYL–4–PIPERIDINYL]–N– PHENYLPROPANAMIDE); [(11)] (12) benzethidine; [(12)] (13) betacetylmethadol; [(13)] (14) [beta–hydroxyfentanyl] BETA–HYDROXYFENTANYL (N–[1–(2–HYDROXY–2–PHENETHYL)–4–PIPERIDINYL]–N–PHENYLPROPANAMIDE); [(14)] (15) beta–hydroxy–3–methylfentanyl; (16) N–[1–[2–HYDROXY–2–(THIOPHEN–2–YL)ETHYL]PIPERIDIN–4– YL]–N–PHENYLPROPIONAMIDE; [(15)] (17) betameprodine; [(16)] (18) betamethadol; – 2 – LAWRENCE J. HOGAN, JR., Governor Ch. 298 [(17)] (19) betaprodine; (20) BUTYRYL FENTANYL (N–(1–PHENETHYLPIPERIDIN–4–YL)–N–PHENYLBUTYRAMIDE); [(18)] (21) clonitazene; [(19)] (22) dextromoramide; [(20)] (23) diampromide; [(21)] (24) diethylthiambutene; [(22)] (25) difenoxin; [(23)] (26) dimenoxadol; [(24)] (27) dimepheptanol; [(25)] (28) dimethylthiambutene; [(26)] (29) dioxaphetyl butyrate; [(27)] (30) dipipanone; [(28)] (31) ethylmethylthiambutene; [(29)] (32) etonitazene; [(30)] (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); [(31)] (36) furethidine; [(32)] (37) hydroxypethidine; [(33)] (38) ketobemidone; [(34)] (39) levomoramide; – 3 – Ch. 298 2020 LAWS OF MARYLAND [(35)] (40) levophenacylmorphan; [(36)] (41) [3–methylfentanyl (n–3–methyl–1–(2–phenylethyl)–4–piperidyl–1–n–phenylpropanamide)] 3–METHYLFENTANYL (N–[3–METHYL–1–(2–PHENYLETHYL)–4–PIPERIDYL]–N– PHENYLPROPANAMIDE); [(37)] (42) 3–methylthiofentanyl; [(38)] (43) morpheridine; [(39)] (44) MPPP (1–methyl–4–phenyl–4–propionoxypiperidine); (45) MT–45 (1–CYCLOHEXYL–4–(1,2–DIPHENYLETHYL)PIPERAZINE); [(40)] (46) noracymethadol; [(41)] (47) norlevorphanol; [(42)] (48) normethadone; [(43)] (49) norpipanone; (50) OCFENTANIL (N–(2–FLUOROPHENYL)–2–METHOXY–N–(1– PHENETHYLPIPERIDIN–4–YL)ACETAMIDE); [(44)] (51) para–fluorofentanyl (N–(4–FLUOROPHENYL)–N–[1–(2– PHENETHYL)–4–PIPERIDINYL] PROPANAMIDE; [(45)] (52) PEPAP [(1–(2–phenethyl)–4–phenyl–4–acetoxypiperidine)] (1–(–2–PHENETHYL)–4–PHENYL–4–ACETOXYPIPERIDINE); [(46)] (53) phenadoxone; [(47)] (54) phenampromide; [(48)] (55) phenomorphan; [(49)] (56) phenoperidine; [(50)] (57) piritramide; [(51)] (58) proheptazine; – 4 – LAWRENCE J. HOGAN, JR., Governor Ch. 298 [(52)] (59) properidine; [(53)] (60) propiram; [(54)] (61) racemoramide; (62) TETRAHYDROFURANYL FENTANYL (N–(1–PHENETHYLPIPERIDIN–4–YL)–N–PHENYLTETRAHYDROFURAN–2– CARBOXAMIDE); [(55)] (63) thiofentanyl; [(56)] (64) tilidine; [and] [(57)] (65) [trimeperidin] TRIMEPERIDINE; AND (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); – 5 – Ch. 298 2020 LAWS OF MARYLAND (11) heroin; (12) hydromorphinol; (13) methyldesorphine; (14) methyldihydromorphine; (15) morphine methylbromide; (16) morphine methylsulfonate; (17) morphine–N–oxide; (18) myrophine; (19) nicocodeine; (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)] 2,5–DIMETHOXY–4–(N)–PROPYLTHIOPHENETHYLAMINE (2C–T–7); – 6 – LAWRENCE J. HOGAN, JR., Governor Ch. 298 (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] 3,4–METHYLENEDIOXY–N–ETHYLAMPHETAMINE (MDA); (13) [n–hydroxy–3,4–methylenedioxyamphetamine] N–HYDROXY–3,4–METHYLENEDIOXYAMPHETAMINE; (14) 3,4,5–trimethoxyamphetamine; (15) [5–methoxy–n, n–dimethyltryptamine] 5–METHOXY–N, N–DIMETHYLTRYPTAMINE; (16) alpha–methyltryptamine (AMT); (17) bufotenine; (18) diethyltryptamine (DET); (19) dimethyltryptamine (DMT); (20) [5–methoxy–n, n–diisopropyltryptamine (5–MEO–DIPT)] 5–METHOXY–N, N–DIISOPROPYLTRYPTAMINE (5–MEO–DIPT); (21) ibogaine; (22) lysergic acid diethylamide; (23) marijuana; (24) mescaline; (25) [parahexyl] 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); – 7 – Ch. 298 2020 LAWS OF MARYLAND (27) [n–ethyl–3–piperidyl benzilate] N–ETHYL–3–PIPERIDYL BENZILATE; (28) [n–methyl–3–piperidyl benzilate] 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)] THIOPHENE ANALOG OF PHENCYCLIDINE (1–[1–(2–THIENYL)–CYCLOHEXYL]–PIPERIDINE); (35) 1–[1–(2–thienyl)cyclohexyl]pyrrolidine; (36) 4–METHYLMETHCATHINONE (MEPHEDRONE); (37) 3, 4–methylenedioxypyrovalerone (MDPV); [(37) 4–methylmethcathinone (mephedrone); (38) 4–methoxymethcathinone (methedrone);] [(39)] (38) [2–(2,5–dimethoxy–4–ethylphenyl) ethanamine (2c–e)] 2–(2,5–DIMETHOXY–4–ETHYLPHENYL) ETHANAMINE (2C–E); [(40)] (39) [2–(2,5–dimethoxy–4–methylphenyl) ethanamine (2c–d)] 2–(2,5–DIMETHOXY–4–METHYLPHENYL) ETHANAMINE (2C–D); [(41)] (40) [2–(4–chloro–2,5–dimethoxyphenyl) ethanamine (2c–c)] 2–(4–CHLORO–2,5–DIMETHOXYPHENYL) ETHANAMINE (2C–C); [(42)] (41) [2–(4–iodo–2,5–dimethoxyphenyl) ethanamine (2c–i)] 2–(4–IODO–2,5–DIMETHOXYPHENYL) ETHANAMINE (2C–I); – 8 – LAWRENCE J. HOGAN, JR., Governor Ch. 298 [(43)] (42) [2–(4–ethylthio–2,5–dimethoxyphenyl) ethanamine (2c–t–2)] 2–[4–(ETHYLTHIO)–2,5–DIMETHOXYPHENYL] ETHANAMINE (2C–T–2); [(44)] (43) [2–(4–isopropylthio)–2,5–dimethoxyphenyl) ethanamine (2c–t–4)] 2–[4–(ISOPROPYLTHIO)–2,5–DIMETHOXYPHENYL] ETHANAMINE (2C–T–4); [(45)] (44) [2–(2,5–dimethoxyphenyl) ethanamine (2c–h)] 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)] 2–(2,5–DIMETHOXY–4–(N)–PROPYLPHENYL)
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