1. (a) Unless authorized under this title, a person may not:

   1. (1) obtain or attempt to obtain controlled paraphernalia by:

      1. (i) fraud, deceit, misrepresentation, or subterfuge;
      2. (ii) counterfeiting a prescription or a written order;
      3. (iii) concealing a material fact or the use of a false name or address;
      4. (iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
      5. (v) making or issuing a false or counterfeit prescription or written order; or
   2. (2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.

2. (b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, distribute, or dispense controlled dangerous substances, including:

   1. (1) a scale;
   2. (2) a sieve;
   3. (3) a strainer;
   4. (4) a measuring spoon;
   5. (5) staples;
   6. (6) a stapler;
   7. (7) a glassine envelope;
   8. (8) a gelatin capsule;
   9. (9) procaine hydrochloride;
   10. (10) mannitol;
   11. (11) lactose;
   12. (12) quinine; and
   13. (13) a controlled dangerous substance.
3. (c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.

4. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

   1. (1) for a first violation, a fine not exceeding $500; and
   2. (2) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2022, c. 26, § 5, eff. Jan. 1, 2023; Acts 2025, c. 180, § 1, eff. Oct. 1, 2025.

Formerly Art. 27, § 287.