Current with changes from the 2024 Legislative Session
Section 5-618 - Possession or purchase of noncontrolled substance(a) Except as authorized in this title, a person may not possess or purchase a noncontrolled substance that the person reasonably believes is a controlled dangerous substance.(b) To determine if a person has violated this section, the court shall include in its consideration: (1) whether the noncontrolled substance was packaged in a manner normally used to illegally distribute a controlled dangerous substance;(2) if the noncontrolled substance was purchased, whether the amount of the consideration was substantially greater than the reasonable value of the noncontrolled substance; and(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.(c) It is not a defense to a prosecution under this section that the substance a person possessed or purchased was not a controlled dangerous substance if the person reasonably believed that it was a controlled dangerous substance.(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.