[Adopted 9-28-2010 by Bill No. 1198]
In this article, the following definitions apply:
Shall have the meanings set forth in Md. Code Ann., Criminal
Law Art. § 5-101, as amended, codified, or recodified from
time to time.
A dwelling, building, vehicle, vessel, aircraft, or other
place:
A material, compound, mixture, or preparation in any form
that contains the component Salvinorin A, and is commonly known as
"salvia," "salvia divinorum," "ska pastora," "diviner's mint," "sally-D,"
"lady salvia," or any other name.
Equipment, product, or material that is used, intended for
use, or designed for use in:
A.
Planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, or concealing
salvia; or
B.
Injecting, ingesting, inhaling, or otherwise introducing salvia into
the human body as defined and set forth in Md. Code Ann., Criminal
Law Art., § 5-101, pursuant to the factors set forth in
Md. Code Ann., Criminal Law Art., § 5-619.
A.
It shall be unlawful to possess salvia.
B.
It shall be unlawful to administer salvia to another.
C.
It shall be unlawful to manufacture or distribute salvia.
D.
It shall unlawful to distribute or attempt to distribute a noncontrolled
substance that:
(1)
The person represents is salvia;
(2)
The person intends for use or distribution as salvia; or
(3)
Under circumstances where one reasonably should know that the noncontrolled
substance will be used or distributed for use as salvia. To determine
if a person has violated this section, the court or other authority
shall include in its consideration the factors set forth in Md. Code
Ann., Criminal Law Art., § 5-617, as amended, codified,
or recodified from time to time.
E.
It shall be unlawful to possess or purchase a noncontrolled substance
that the person reasonably believes is salvia. To determine if a person
has violated this section, the court or other authority shall include
in its consideration the factors set forth in Md. Code Ann., Criminal
Law Art., § 5-617, as amended, codified, or recodified from
time to time.
F.
It shall be unlawful to use or possess with intent to use salvia
paraphernalia.
G.
It shall be unlawful to possess salvia with intent to distribute.
H.
It shall be unlawful to possess salvia in sufficient quantity reasonably
to indicate under all the circumstances an intent to distribute.
I.
It shall be unlawful to offer for sale, deliver, sell, or distribute
salvia paraphernalia.
J.
It shall be unlawful to maintain a common nuisance with respect to
salvia, or to own, rent, or otherwise utilize a store, dwelling, building,
or other facility for the purpose of:
A.
A person may not possess, manufacture, distribute, or possess with
intent to distribute, salvia or conspire to commit any of these crimes:
C.
Penalty. A person who violates this section is guilty of a misdemeanor
and on conviction is subject to a fine of up to $1,000 or imprisonment
for up to six months, or both.
A person who is convicted of a prohibited act under this article
shall be guilty of a misdemeanor and for each such conviction shall
be subject to a fine of up to $1,000 or imprisonment in accordance
with the following schedule, or both fine and imprisonment:
A.
Offer for sale, deliver, or sell salvia paraphernalia, or possession,
use, or possession with intent to use, salvia paraphernalia: 30 days.
B.
Possession of salvia, possession or purchase of a noncontrolled substance
that the person reasonably believes is salvia, or administration of
salvia to another: 60 days.
C.
Distribution or attempted distribution of a noncontrolled substance
as salvia: 120 days.
