Maryland Statutes
Part III - Related and Derivative Crimes
Section 5-618 - Possession or Purchase of Noncontrolled Substance

(a)    Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.
    (b)    To determine if a person has violated this section, the court shall include in its consideration:
        (1)    whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;
        (2)    if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and
        (3)    whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.
    (c)    It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.
    (d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

Structure Maryland Statutes