[Adopted 9-28-2010 by Bill No. 1198]
In this article, the following definitions apply:
ADMINISTER, DELIVER, DISTRIBUTE, MANUFACTURE, POSSESS, and PRODUCE
Shall have the meanings set forth in Md. Code Ann., Criminal Law Art. § 5-101, as amended, codified, or recodified from time to time.
COMMON NUISANCE
A dwelling, building, vehicle, vessel, aircraft, or other place:
A. 
Resorted to by individuals for the purpose of administering salvia; or
B. 
Where salvia or salvia paraphernalia is manufactured, distributed, stored, or concealed illegally.
SALVIA
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.
SALVIA PARAPHERNALIA
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:
(1) 
Administering, selling, displaying, distributing, possessing, or dispensing salvia; or
(2) 
Manufacturing, distributing, storing, or concealing salvia paraphernalia.
A. 
A person may not possess, manufacture, distribute, or possess with intent to distribute, salvia or conspire to commit any of these crimes:
(1) 
In a school vehicle as defined under Md. Code Ann., Transportation Art. § 11-154; or
(2) 
In, on, or within 500 feet of real property owned by or leased to an elementary school, secondary school, or County board and used for elementary or secondary education.
B. 
This section applies whether or not:
(1) 
School was in session at the time of the crime; or
(2) 
The real property was being used for purposes other than school purposes at the time of the crime.
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.
D. 
Possession of salvia in sufficient quantity to indicate an intent to distribute, possession with intent to distribute, manufacture, distribution, maintaining a common nuisance, or other violation of § 119-2J: six months.