§ 16-101. Definitions.

(a) In general.

In this title, the following terms have the meanings indicated.

(b) Distribute.

"Distribute" means to:

(1) give away, sell, deliver, dispense, issue, transfer, or otherwise distribute;

(2) offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or

(3) cause or hire any person to:

(i) give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or

(ii) offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute.

(c) Psychoactive substance.

(1) In general.

"Psychoactive substance" means any:

(i) synthetic cannabinoid;

(ii) synthetic cathinone; or

(iii) psychoactive substance analogue.

(2) Exclusions.

"Psychoactive substance" does not include a substance that:

(i) has an approved drug application by the U.S. Food and Drug Administration; and

(ii) is being distributed in accordance with all applicable federal and state laws and regulations.

(d) Psychoactive substance analogue.

"Psychoactive substance analogue" means a substance that:

(1) is an alkyl homologue of a synthetic cannabinoid or synthetic cathinone; or

(2) in its chemical structure, differs from a synthetic cannabinoid or synthetic cathinone only by:

(i) substituting 1 or more hydrogens with halogens; or

(ii) substituting 1 or more halogens with different halogens.

(e) Synthetic cannabinoid.

(1) In general.

"Synthetic cannabinoid" means a chemically engineered substance that:

(i) has binding activity at 1 or more cannabinoid receptors;

(ii) is a chemical analogue or isomer of a compound that has binding activity at 1 or more cannabinoid receptors; or

(iii) is identified as a cannabimimetic agent, as defined in State Code Criminal Law Article § 5-101.

(2) Illustrations.

A synthetic cannabinoid is commonly, but not exclusively, found sprayed on dried herbs, to be burned and inhaled by consumers.

(f) Synthetic cathinone.

(1) In general.

"Synthetic cathinone" means a chemically engineered derivative of cathinone, which is a naturally occurring beta-ketone amphetamine analogue found in the leaves of the catha edulis plant.

(2) Inclusions.

"Synthetic cathinone" includes butylone, dimethylcathinone, ethcathinone, ethylone, 3- and 4-fluoromethcathinone, mephedrone, methedrine, methylenedioxypyrovalerone (MDVP), methylone, and pyrovalerone.

(3) Illustrations.

A synthetic cathinone is commonly, but not exclusively, found in the form of pills, capsules, crystals, powders, tablets, or liquids.