In this article, the following definitions apply:
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 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.