Controlled Substance Regulations in Maryland

What are the controlled substances schedules and how do they affect prescription medications in Maryland?

The Controlled Substances Schedules in Maryland are based on the federal government’s five-tier system. The five schedules, from most to least restrictive, are as follows: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V.

Schedule I substances have the highest potential for abuse and have no accepted medical use. Examples include heroin, LSD, ecstasy, and marijuana. These substances are illegal to possess and cannot be prescribed.

Schedule II substances have a high potential for abuse and are only available with a special prescription written by a doctor. These medications are subject to increased regulations and restrictions on distribution. Examples include oxycodone, codeine, morphine, and certain stimulants.

Schedule III substances have a lower potential for abuse than Schedule II substances and are available with a prescription from a doctor. Examples include some narcotics, anabolic steroids, and certain stimulants.

Schedule IV substances have a low potential for abuse and are available with a regular prescription from a doctor. These medications are subject to increased regulations and restrictions on distribution. Examples include some benzodiazepines such as Valium and Xanax.

Finally, Schedule V substances have a very low potential for abuse and are available with a regular prescription from a doctor. Examples include some prescription cough medicines that contain small amounts of codeine or opium.

How do I dispose of expired or unused prescription medications in a safe and legal manner in Maryland?

The best way to dispose of expired or unused prescription medications in Maryland is to take them to a designated medication drop-off location. Most counties in Maryland have at least one such location, usually at a local police or fire station. Alternatively, certain pharmacies may offer the service of accepting and safely disposing of expired or unused medications. Finally, some medications may be disposed of via mail-back services for a fee.

Are there restrictions on the prescription of opioid painkillers due to the opioid epidemic in Maryland?

Yes. In 2019, a statewide opioid prescribing limit was established in Maryland. This limit is set at 120 MME (morphine milligram equivalents) per day. This applies to all opioid prescriptions written by licensed prescribers except in certain circumstances, such as for acute pain, palliative care, or hospice care.

What is the process for obtaining a prescription for medical marijuana in Maryland?

In order to obtain a prescription for medical marijuana in Maryland, an individual must be certified by a provider who is registered with the Maryland Medical Cannabis Commission. This requires the patient to be diagnosed with a qualifying condition and to obtain a signed certification from a provider. They must then register with the Commission. Once registered, the patient can purchase medical marijuana from a licensed dispensary.

Are there limitations on the quantity of prescription medications that can be dispensed in Maryland?

Yes, there are limitations on the quantity of prescription medications that can be dispensed in Maryland. Controlled substances, for example, must be dispensed in compliance with federal regulations and amounts outlined in the Maryland Prescription Drug Monitoring Program (PDMP). Additionally, the Professional Board of Nursing and the Professional Board of Physicians have specific regulations regarding how much of a particular medication may be prescribed, refilled, or dispensed during a single encounter.

Is there a prescription drug monitoring program (PDMP) to prevent prescription drug abuse in Maryland?

Yes, Maryland has a Prescription Drug Monitoring Program (PDMP) called the Maryland Prescription Drug Monitoring Program (PDMP). The PDMP is a secure, web-based system that collects and monitors all prescriptions of controlled substances throughout the state. The program is designed to help reduce prescription drug abuse by providing educational outreach and information about potential risks associated with prescription drug misuse.

Can I legally purchase syringes and needles for personal use without a prescription in Maryland?

Yes, it is legal to purchase needles and syringes for personal use without a prescription in Maryland. However, it is recommended that you consult with a health care provider before purchasing needles and syringes.

What are the penalties for possessing controlled substances without a valid prescription in Maryland?

The penalties for possession of controlled substances without a valid prescription in Maryland vary depending on the type and amount of the controlled substance. Generally, possession of a controlled substance without a valid prescription is classified as a misdemeanor and punishable by up to four years in prison and/or a fine up to $25,000. In some cases, the offender could also face additional charges such as distribution or intent to distribute.

Is there a Good Samaritan law that provides immunity to individuals who seek help for a drug overdose in Maryland?

Yes, there is a Good Samaritan law in Maryland that provides immunity to individuals who seek medical help for a drug overdose. Under the law, an individual who in good faith seeks medical assistance for a person experiencing a drug overdose will not be prosecuted for possession or use of a controlled dangerous substance.

Do state laws allow for the sale of over-the-counter (OTC) pseudoephedrine products, and are there quantity restrictions in Maryland?

Yes, state laws in Maryland allow for the sale of OTC pseudoephedrine products, but with certain quantity restrictions. Under Maryland law, retailers are prohibited from selling more than 3.6 grams (approximately 120 tablets or capsules) of pseudoephedrine per customer in a 24-hour period, 9 grams in any seven consecutive days, and no more than 18 grams in a 30-day period.

Are there restrictions on the sale of certain cough syrups containing dextromethorphan (DXM) to prevent abuse in Maryland?

Yes, there are restrictions in Maryland on the sale of certain cough syrups containing dextromethorphan (DXM). According to the Maryland Department of Health, “it is illegal for anyone under the age of 18 to purchase any product that contains dextromethorphan (DXM).” In addition, retailers are required to restrict access to products containing DXM and maintain a log of sales of those products.

What are the regulations for methadone clinics and medication-assisted treatment (MAT) programs in Maryland?

The regulations for methadone clinics and medication-assisted treatment (MAT) programs in Maryland are set out in the Regulations Governing Opioid Treatment Programs (OTPs) in Maryland (COMAR 10.37). These regulations cover the licensure of OTPs, staffing requirements, patient assessment and treatment planning, quality improvement requirements, recordkeeping requirements, and safety and security requirements. Additionally, the regulations include specific requirements for methadone clinics and MAT programs related to the dispensing of medications, dosing protocols, urine testing, and the provision of counseling services.

Can I legally purchase or possess synthetic cannabinoids (spice or K2) in Maryland?

No. It is illegal to purchase or possess synthetic cannabinoids (spice or K2) in Maryland. In 2013, the General Assembly of Maryland passed a law making it illegal to possess or use synthetic cannabinoids. The law also makes it a crime to possess or use any substance containing a synthetic cannabinoid, even if it’s been marketed as an herbal smoking blend. Possession of synthetic cannabinoids is a misdemeanor, with a penalty of up to one year in jail and/or a fine up to $1,000.

What are the penalties for selling or trafficking illegal drugs in Maryland?

In Maryland, the penalties for selling and trafficking illegal drugs can vary depending on the type and amount of drugs involved, as well as any prior criminal history of the accused. Generally, sale of illegal drugs is considered a felony and can result in significant jail time, fines, and probation. Depending on the amount of drugs involved, a person may face up to 25 years in prison and/or a fine of up to $25,000. Trafficking drugs can carry even harsher penalties, including up to life in prison and/or fines of up to $100,000.

Are there laws that address drug testing in the workplace in Maryland?

Yes, there are laws in Maryland that address drug testing in the workplace. The Maryland Drug and Alcohol Testing in the Workplace Act of 1994 requires employers to have a written drug and alcohol testing policy in place. The policy must include the types of tests employers will conduct, how employees will be notified of the testing, and how the results of the tests will be handled. Additionally, employers must provide employees with information about the risks associated with drug and alcohol use. Employers must also obtain written consent from employees before any drug or alcohol test is conducted.

Can I legally possess drug paraphernalia, such as pipes or bongs, for personal use in Maryland?

No. Possession of drug paraphernalia is illegal in the state of Maryland. Under Maryland law, it is a crime to possess an instrument, device, or other article used for unlawfully using a controlled dangerous substance (CDS), such as marijuana. Possession of drug paraphernalia carries a penalty of up to one year in prison and/or a fine of up to $1,000.

Are there restrictions on the sale of prescription drugs through online pharmacies in Maryland?

Yes. The sale of prescription drugs through online pharmacies is regulated by the Maryland Board of Pharmacy. All online pharmacies must be licensed with the Board, meet all requirements of the Board, and have a valid prescription from a licensed Maryland practitioner prior to filling any prescription order. Online pharmacies may only dispense FDA-approved drugs and must provide the same level of care as a traditional pharmacy. All pharmacists must use professional judgment to ensure that prescriptions are appropriate for the patient and verify identity before dispensing drugs. Additionally, all online pharmacies must provide patients with medication counseling upon request.

Do state laws require pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses in Maryland?

Yes, state laws in Maryland require all pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses. This requirement was enacted in 2016.

What are the regulations for the storage and handling of controlled substances in healthcare facilities in Maryland?

The Maryland Controlled Dangerous Substances (CDS) regulations provide requirements for the storage and handling of controlled substances in healthcare facilities in Maryland. These regulations require that all controlled substances be stored in a secure and locked area that is inaccessible to unauthorized personnel. The drugs must also be kept separate from other medications, supplies, and equipment, and must be stored in a refrigerator or locked cabinet when appropriate. All healthcare personnel who handle and/or administer controlled substances must be trained and qualified to do so and must use proper techniques while handling the medications. Finally, all storage areas for controlled substances must be monitored and inventoried on a regular basis to ensure that the medications are accounted for and secure.

Is there a process for individuals to report suspected illegal drug activity to law enforcement in Maryland?

Yes, individuals can report suspected illegal drug activity to the Maryland State Police by calling 1-800-492-TIPS (8477). This is a 24-hour, toll-free hotline for people to provide anonymous information about criminal activity. The Maryland State Police take all reports seriously and investigate each one thoroughly.