Section 5-601 - Possessing or administering controlled dangerous substance.
§ 5-601. Possessing or administering controlled dangerous substance.
(a) In general.- Except as otherwise provided in this title, a person may not:
(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
(2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) the counterfeiting or alteration of a prescription or a written order;
(iii) the concealment of a material fact;
(iv) the use of a false name or address;
(v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
(vi) making, issuing, or presenting a false or counterfeit prescription or written order.
(b) Information not privileged.- Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.
(c) Penalty; medical necessity.-
(1) Except as provided in paragraphs (2) and (3) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $25,000 or both.
(2) A person whose violation of this section involves the use or possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
(3) (i) In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.
[An. Code 1957, art. 27, § 287(a), (b), (e); 2002, ch. 26, § 2; 2003, ch. 21, § 1; ch. 442.]