Title 16
Psychoactive Substances
Subtitle 1
Definitions
§ 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.
Subtitle 2
Prohibited Conduct
§ 16-201. Distribution prohibited.
No person may distribute a psychoactive substance.
Subtitle 3
Administrative Sanctions
Part I
In general
§ 16-301. Notice of violation.
(a) In general.
Whenever the Commissioner reasonably believes that a person is distributing a psychoactive substance in violation of this title, the Commissioner shall issue a violation notice to the person.
(b) Contents.
The violation notice must:
(1) cite the violation;
(2) specify any corrective action to be taken and the time within which that action must be taken; and
(3) state that a hearing will be provided to the person, if one is requested under Title 2, Subtitle 3 {"Administrative Hearings"} of this article.
§ 16-302. Authority to seize, test, etc.
(a) In general.
On reasonable belief that a violation of this title has occurred, the Commissioner may:
(1) seize and detain any product suspected to be a psychoactive substance;
(2) submit the seized product for laboratory testing and analysis;
(3) retain for use in further proceedings any seized product found to be a psychoactive substance; and
(4) destroy any product ultimately determined to be a psychoactive substance involved in a violation of this title.
(b) Return of non-psychoactive substances.
Any product found not to be a psychoactive substance involved in a violation of this subtitle must be promptly returned to the person from whom seized, less any amount destroyed for testing.
16-303 to 16-305. {Reserved}
Part II
Licensees
§ 16-306. "License" defined.
In this Part II, "license" means a license or permit issued by the Baltimore City Health Department.
§ 16-307. Suspension or revocation on notice and hearing.
(a) In general.
The Commissioner may suspend or revoke the license of a person if the licensee has first been issued a violation notice under § 16-301 {"Notice of Violation"} of this subtitle.
(b) Opportunity for hearing.
Before suspending or revoking a license, the Commissioner must provide the licensee with notice and opportunity for hearing, as provided In Title 2, Subtitle 3 {"Administrative Hearings"} of this article.
§ 16-308. Suspension without notice.
(a) Order of immediate suspension.
If the Commissioner considers it necessary and in the interest of public health and safety because of exigent circumstances where public health and safety are under imminent threat, the Commissioner may issue an order of immediate suspension to a licensee without having first issued a violation notice under § 16-301 {"Notice of Violation"} of this subtitle.
(b) Content.
An order issued under this section:
(1) must cite the violation;
(2) must specify the corrective action to be taken and the time within which that action must be taken; and
(3) may order all of the licensee's operations to be discontinued immediately.
(c) Opportunity for hearing.
The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {"Administrative Hearings"} of this article, if one is requested.
Subtitle 4
Civil and Criminal Penalties
§ 16-401. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of:
(1) an environmental citation under City Code Article 1, Subtitle 40 {"Environmental Control Board"}; or
(2) a civil citation under City Code Article 1, Subtitle 41 {"Civil Citations"}.
(b) Process not exclusive.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 16-402. Criminal penalties.
Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense.
§ 16-403. Each package or container a separate offense.
Each package or container of a psychoactive substance that is distributed or intended for distribution in violation of this title is a separate offense.