(a) A Program staff member, Program volunteer, or Program participant may not be arrested, charged, or prosecuted for violating § 5–601, § 5–619, § 5–620, or § 5–902(c) or (d) 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, volunteer’s, or participant’s activities in connection with the work of a Program authorized under this subtitle.
(b) Notwithstanding the provisions of subsection (a) of this section, a Program staff member, Program volunteer, or Program participant is not immune from criminal prosecution for any activities not authorized or approved by a Program.
Structure Maryland Statutes
Title 24 - Miscellaneous Provisions
Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs
Section 24-902 - Establishment of Programs
Section 24-903 - Operation and Services; Development of Procedures, Outreach Plans, and Protocols
Section 24-905 - Duties of Department
Section 24-906 - Identification of Participants; Confidentiality of Information
Section 24-907 - Data Collection and Reporting
Section 24-908 - Immunity From Prosecution; Permitted Prosecutions
Section 24-909 - No Immunity From Drug-Related Criminal Prosecutions; Exceptions