(a) No Program staff member or Program participant may be found guilty of violating § 5-601, § 5-619, § 5-620, § 5-902, or § 5-904 of the Criminal Law Article for possessing or distributing controlled paraphernalia or drug paraphernalia whenever the possession or distribution of the controlled paraphernalia or drug paraphernalia is a direct result of the employee’s or participant’s activities in connection with the work of the Program authorized under this subtitle.
(b) Notwithstanding the provisions of subsection (a) of this section, a Program staff member or Program participant is not immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the Program; or
(3) The possession or distribution of controlled paraphernalia or drug paraphernalia or any other unlawful activity outside of the Baltimore City limits.
Structure Maryland Statutes
Title 24 - Miscellaneous Provisions
Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program
Section 24-802 - Baltimore City Health Department Program
Section 24-803 - Design and Operation
Section 24-804 - Oversight Committee
Section 24-806 - Collection of Data; Evaluation of Particular Issues; Methodology
Section 24-807 - Participant Identification; Confidentiality
Section 24-808 - Criminal Liability Concerning Distribution of Controlled Paraphernalia
Section 24-809 - Criminal Liability for Use, Possession, and Distribution of Controlled Substances