Is Blue Lotus (Nymphaea caerulea) Legal in Maryland? (2026)

Instrument

statute

Source

https://law.justia.com/codes/maryland/criminal-law/title-5/subtitle-4/section-5-402/

Retrieved

2026-06-19

Fingerprint

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**§ 5-402(a)(1) & (b):** "(a) Schedule I consists of each: (1) controlled dangerous substance analogue, as defined in subsection (b) of this section …" and "(b)(1)(i) 'controlled dangerous substance analogue' means a substance: 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. that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than [that] of a controlled dangerous substance described in Schedule I or Schedule II …" and "(2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I."
— Md. Code, Crim. Law § 5-402; via labeled Justia mirror: https://law.justia.com/codes/maryland/criminal-law/title-5/subtitle-4/section-5-402/

Instrument

Schedule I; controlled dangerous substance analogue (self-executing)

Source

https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&enactments=false&section=5-402

Retrieved

2026-07-20

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(a) Schedule I consists of each: (1) controlled dangerous substance analogue, as defined in subsection (b) of this section; (2) controlled dangerous substance added to Schedule I by the Department under Section 5-202(b) of this title; and (3) controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under Section 5-202(f) of this title. (b) (1) In this subsection: (i) 'controlled dangerous substance analogue' means a substance: 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. 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 (ii) 'controlled dangerous substance analogue' does not include: 1. a controlled dangerous substance; 2. a substance for which there is an approved new drug application; or 3. a substance exempted for investigational use under Section 506 of the Federal Food, Drug, and Cosmetic Act. (2) To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I. (c) The Department may not add a substance to Schedule I under Section 5-202 of this title unless the Department finds: (1) a high potential for abuse of the substance; (2) no accepted medical use in the United States for the substance; and (3) a lack of accepted safety for use of the substance under medical supervision.