1. (a) Schedule I consists of each:

   1. (1) controlled dangerous substance analogue, as defined in subsection (b) of this section;
   2. (2) controlled dangerous substance added to Schedule I by the Department under § 5-202(b) of this title; and
   3. (3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5-202(f) of this title.

2. (b)

   1. (1) In this subsection:

      1. (i) “controlled dangerous substance analogue” means a substance:

         1. 1. that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and
         2. 2. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance described in Schedule I or Schedule II; but

      2. (ii) “controlled dangerous substance analogue” does not include:

         1. 1. a controlled dangerous substance;
         2. 2. a substance for which there is an approved new drug application; or
         3. 3. a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act.¹
   2. (2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I.

3. (c) The Department may not add a substance to Schedule I under § 5-202 of this title unless the Department finds:

   1. (1) a high potential for abuse of the substance;
   2. (2) no accepted medical use in the United States for the substance; and
   3. (3) a lack of accepted safety for use of the substance under medical supervision.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2012, c. 384, § 1, eff. Oct. 1, 2012; Acts 2013, c. 442, § 2, eff. Oct. 1, 2013; Acts 2018, c. 212, § 1, eff. Oct. 1, 2018; Acts 2020, c. 298, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 5; Acts 2022, c. 285, § 1, eff. June 1, 2022; Acts 2022, c. 286, § 1, eff. June 1, 2022.

Formerly Art. 27, § 279.

June 25, 1938, ch. 675, 52 Stat. 1040, codified at 21 U.S.C.A. § 301 et seq.