Criminal Law - Drug Paraphernalia and Controlled Paraphernalia Prohibitions - Repeal

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 327
E1 6lr2056
CF 6lr2055
By: Senator McCray
Introduced and read first time: January 22, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Drug Paraphernalia and Controlled Paraphernalia Prohibitions 2
– Repeal 3

FOR the purpose of repealing certain prohibitions relating to drug paraphernalia and 4
controlled paraphernalia; and generally relating to dr ug paraphernalia and 5
controlled paraphernalia. 6

BY repealing 7
Article – Criminal Law 8
Section 5–101(h) and (p), 5–619, and 5–620 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2025 Supplement) 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 2025 Supplement) 16

BY repealing and reenacting, with amendments, 17
Article – Criminal Law 18
Section 5–101(i) through (o), (p–1), and (q) through (ff) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2025 Supplement) 21

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That Section(s) 5 –619 and 5 –620 of Article – Criminal Law of the Annotated Code of 23
Maryland be repealed. 24

SECTION 2. AND BE IT F URTHER ENACTED, That the Laws of Maryland read 25
as follows: 26
2 SENATE BILL 327

Article – Criminal Law 1

5–101. 2

(a) In this title the following words have the meanings indicated. 3

[(h) “Controlled paraphernalia” means: 4

(1) a hypodermic syringe, needle, or any other object or combination of 5
objects adapted to administer a controlled dangerous substance by hypodermic injection; 6

(2) a gelatin capsule, glassine envelope, or other container suitable for 7
packaging individual quantities of a controlled dangerous substance; or 8

(3) lactose, quinine, mannite, mannitol, dextrose, sucrose, procaine 9
hydrochloride, or any other substance suitable as a diluent or adulterant.] 10

[(i)] (H) “Deliver” means to make an actual, constructive, or attempted transfer 11
or exchange from one person to another whether or not remuneration is paid or an agency 12
relationship exists. 13

[(j)] (I) “Department” means the Maryland Department of Health. 14

[(k)] (J) “Depressant or stimulant drug” means a drug that contains any 15
quantity of a substance th at the Attorney General of the United States by regulation 16
designates as having a potential for abuse because of: 17

(1) a depressant or stimulant effect on the central nervous system; or 18

(2) a hallucinogenic effect. 19

[(l)] (K) (1) “Dispense” means to deliver to the ultimate user or the human 20
research subject by or in accordance with the lawful order of an authorized provider. 21

(2) “Dispense” includes to prescribe, administer, package, label, or 22
compound a substance for delivery. 23

[(m)] (L) “Distribute” means, with respect to a controlled dangerous substance, 24
to deliver other than by dispensing. 25

[(n)] (M) (1) “Drug” means: 26

(i) a substance recognized in the official United States 27
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official 28
National Formulary; 29
SENATE BILL 327 3

(ii) a substance intended for use in the diagnosis, cure, mitigation, 1
treatment, or prevention of disease in humans or other animals; 2

(iii) except for food, a substance intended to affect the structure or 3
function of the body of humans or other animals; or 4

(iv) a substance intended for use as a component of any substance 5
specified in item (i), (ii), or (iii) of this paragraph. 6

(2) “Drug” does not include a device or an accessory, part, or component of 7
a device. 8

[(o)] (N) “Drug dependent person” means a person who: 9

(1) is using a controlled dangerous substance; and 10

(2) is in a state of psychological or physical dependence, or both, that: 11

(i) arises from administration of that controlled danger ous 12
substance on a continuous basis; and 13

(ii) is characterized by behavioral and other responses that include 14
a strong compulsion to take the substance on a continuous basis in order to experience its 15
psychological effects or to avoid the discomfort of its absence. 16

[(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 17
used, intended for use, or designed for use, in: 18

(i) planting, propagating, cultivating, growing, harvesting, 19
manufacturing, compounding, converting, producin g, processing, preparing, packaging, 20
repackaging, storing, containing, or concealing a controlled dangerous substance in 21
violation of this title; or 22

(ii) injecting, ingesting, inhaling, or otherwise introducing into the 23
human body a controlled dangerous substance in violation of this title. 24

(2) “Drug paraphernalia” includes: 25

(i) a kit used, intended for use, or designed for use in planting, 26
propagating, cultivating, growing, or harvesting any species of plant that is a controlled 27
dangerous substance other than cannabis or from which a controlled dangerous substance 28
can be derived; 29

(ii) a kit used, intended for use, or designed for use in 30
manufacturing, compounding, converting, producing, processing, or preparing a controlled 31
dangerous substance other than cannabis; 32
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(iii) an isomerization device used, intended for use, or designed for 1
use in increasing the potency of any species of plant that is a controlled dangerous 2
substance other than cannabis; 3

(iv) testing equipment used, intended for use, or designed for use in 4
analyzing the strength, effectiveness, or purity of a controlled dangerous substance other 5
than cannabis; 6

(v) a scale or balance used, intended for use, or designed for use in 7
weighing or measuring a controlled dangerous substance other than cannabis; 8

(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 9
mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 10
controlled dangerous substance other than cannabis; 11

(vii) a separation gin or sifter used, intended for use, or designed for 12
use in removing twigs and seeds from, or in otherwise cleaning or refining, a controlled 13
dangerous substance other than cannabis; 14

(viii) a blender, bowl, container, spoon, or mixi ng device used, 15
intended for use, or designed for use in compounding a controlled dangerous substance 16
other than cannabis; 17

(ix) a capsule, balloon, envelope, or other container used, intended 18
for use, or designed for use in packaging small quantities o f a controlled dangerous 19
substance other than cannabis; 20

(x) a container or other object used, intended for use, or designed for 21
use in storing or concealing a controlled dangerous substance other than cannabis; 22

(xi) a hypodermic syringe, needle, or other object used, intended for 23
use, or designed for use in parenterally injecting a controlled dangerous substance into the 24
human body; and 25

(xii) an object used, intended for use, or designed for use in ingesting, 26
inhaling, or otherwise introducing cocaine into the human body.] 27

[(p–1)] (O) “Electronic prescription” means a prescription that: 28

(1) is generated on an electronic application and transmitted as an 29
electronic data file; and 30

(2) if the prescription is for a controlled dangerous substance, complies 31
with the requirements of 21 C.F.R. Part 1306. 32

SENATE BILL 327 5

[(q)] (P) (1) “Manufacture”, with respect to a controlled dangerous substance, 1
means to produce, prepare, propagate, compound, convert, or process a controlled 2
dangerous substance: 3

(i) directly or indirectly by extraction from substances of natural 4
origin; 5

(ii) independently by chemical synthesis; or 6

(iii) by a combination of extraction and chemical synthesis. 7

(2) “Manufacture” includes to package and repackage a controlled 8
dangerous substance and label and relabel its containers. 9

(3) “Manufacture” does not include: 10

(i) to prepare or compound a controlled dangerous substance by an 11
individual for the individual’s own use; or 12

(ii) to prepare, compound, package, or label a controlled dangerous 13
substance: 14

1. by an authorized provider incidental to administering or 15
dispensing a controlled dangerous substance in the course of professional practice; or 16

2. if the controlled dangerous substance is not for sale by an 17
authorized provider, or by the authorized provider’s agent under the authorized provider’s 18
supervision, for or incidental to research, teaching, or chemical analysis. 19

[(r)] (Q) (1) “Narcotic drug” means a substance: 20

(i) that has been found to present an extreme danger to the health 21
and welfare of the community because of addiction –forming and addiction –sustaining 22
qualities; 23

(ii) that is: 24

1. an opiate; 25

2. a compound, manufactured substance, salt, derivative, or 26
preparation of opium, coca leaf, or an opiate; or 27

3. a substance and any compound, manufactured substance, 28
salt, derivative, or preparation that is chemically identical with a substance listed in items 29
1 and 2 of this item; and 30

(iii) that is produced: 31
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1. directly or indirectly by extraction from substances of 1
vegetable origin; 2

2. independently by chemical synthesis; or 3

3. by a combination of extraction and chemical synthesis. 4

(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 5
that does not contain cocaine or ecgonine. 6

[(s)] (R) “Noncontrolled substance” means a substance that is not classified as a 7
controlled dangerous substance under Subtitle 4 of this title. 8

[(t)] (S) (1) “Opiate” means a substance that has an addiction –forming or 9
addiction–sustaining quality similar to morphine or that can be converted into a drug that 10
has this addiction–forming or addiction–sustaining quality. 11

(2) “Opiate” includes: 12

(i) the racemic and levorotatory forms of an opiate; 13

(ii) except for seeds, the opium poppy, the plant of the species 14
Papaver somniferum L.; 15

(iii) the poppy straw consisting of the opium poppy after mowing 16
except the seeds; and 17

(iv) coca leaf. 18

(3) “Opiate” does not include, unless specifically designated as controlled 19
under § 5–202 of this title, the dextrorotatory isomer of 3 –methoxy–n–methyl–morphinan 20
and its salts (dextromethorphan). 21

[(u)] (T) “Personal use amount” means: 22

(1) an amount of usable cannabis that does not exceed 1.5 ounces; 23

(2) an amount of concentrated cannabis that does not exceed 12 grams; 24

(3) an amount of cannabis products containing 25
delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 26

(4) two or fewer cannabis plants. 27

[(v)] (U) “Possess” means to exercise actual or constructive dominion or control 28
over a thing by one or more persons. 29
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[(w)] (V) (1) “Prescription drug” means a drug that: 1

(i) is intended to be used by an individual; and 2

(ii) because of its toxicity, other potentiality for harmful effect, 3
method of use, or collateral measures necessary for its use: 4

1. bears a cautionary label warning a person that under 5
federal law the drug may not be dispensed without a prescription; or 6

2. is designated by the Department as not safe for use except 7
under the supervision of a person licensed by the State to administer a prescription drug. 8

(2) “Prescription drug” does not include a controlled dangerous substance. 9

[(x)] (W) “Produce”, with respect to a controlled dangerous substance, includes 10
to manufacture, plant, cultivate, grow, and harvest. 11

[(y)] (X) “Registrant” means a person who is registered by the Department to 12
manufacture, distribute, or dispense a controlled dangerous substance in the State. 13

[(z)] (Y) “Schedule I” means the controlled dangerous substances described in § 14
5–402 of this title. 15

[(aa)] (Z) “Schedule II” means the controlled dangerous substances described in 16
§ 5–403 of this title. 17

[(bb)] (AA) “Schedule III” means the controlled dangerous substances described in 18
§ 5–404 of this title. 19

[(cc)] (BB) “Schedule IV” means the controlled dangerous substances described in 20
§ 5–405 of this title. 21

[(dd)] (CC) “Schedule V” means the controlled dangerous substances described in § 22
5–406 of this title. 23

[(ee)] (DD) “Secretary” means the Secretary of the Department. 24

[(ff)] (EE) “Ultimate user” means a person who lawfully possesses a controlled 25
dangerous substance for the person’s own use, for the use of a member of the person’s 26
household, or for administration to an animal owned by the person or by a member of the 27
person’s household. 28

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2026. 30