Section 5-805 – Inspections
(a) In this section, “controlled premises” means: (1) a place where a registrant or person exempted from registration requirements under this title is required to keep records; or (2) a place, including a factory, warehouse, establishment, or conveyance, where a registrant or person exempted from registration requirements under this title may possess, manufacture, compound, process, sell, deliver, or […]
Section 5-806 – Temporary and Permanent Injunctions
The Department, the Attorney General, and the State’s Attorney for a county may apply to the appropriate court for a temporary or permanent injunction to restrain a person from violating this title: (1) whether or not an adequate remedy at law exists; (2) in addition to the other remedies provided by this title; and (3) notwithstanding any other […]
Section 5-807 – Burden of Proof
(a) (1) The State need not negate an exemption, proviso, or exception set forth in this title in: (i) a complaint, information, indictment, or other pleading; or (ii) a trial, hearing, or other proceeding under this title. (2) The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit. (b) (1) In the absence of […]
Section 5-808 – Immunity From Criminal Liability for Public Officials and Employees
(a) If the individual is engaged in the enforcement or prosecution of this title or other law relating to controlled dangerous substances, criminal liability may not be imposed under this title on: (1) an authorized officer of the United States, this State, or a political subdivision of this State; or (2) an authorized police department civilian employee of […]
Section 5-809 – Hearsay Admitted at Bail or Sentencing Hearing
Notwithstanding any other law, at a hearing relating to bail or sentencing arising out of a violation or alleged violation of this title, hearsay evidence is admissible if: (1) the hearsay is relevant to the issue; and (2) the underlying circumstances on which the hearsay is based and the reliability of the source of the information are […]
Section 5-810 – Convictions and Reports to Licensing Authorities
(a) (1) In this section the following words have the meanings indicated. (2) “Drug crime” means: (i) a violation of this title; (ii) a violation of Title 12 of the Criminal Procedure Article; or (iii) a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of this title or Title 12 of the Criminal […]
Section 5-801 – Investigation by State Police
Notwithstanding any other law, the Department of State Police may initiate investigations and enforce this title and Title 12 of the Criminal Procedure Article throughout the State without regard to any limitation otherwise applicable to that department’s activities in a municipal corporation or other political subdivision.
Section 5-802 – Statewide Jurisdiction for Officers
(a) (1) Notwithstanding any other law, a law enforcement officer of the Maryland Transportation Authority Police, a municipal corporation, or a county may investigate and otherwise enforce this title and Title 12 of the Criminal Procedure Article throughout the State without any limitation as to jurisdiction and to the same extent as a law enforcement officer of […]
Section 5-803 – Payment for Information About Violations
(a) (1) The Secretary of State Police may pay a person the sum of money that the Secretary considers appropriate for information about a violation of this title. (2) The money shall: (i) be paid without reference to any reward to which the person may otherwise be entitled by law; and (ii) be from funds appropriated for the Department of […]
Section 5-804 – Administrative Inspection Warrants
(a) In this section, “administrative probable cause” means a valid public interest in the effective enforcement of this title or regulations sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant. (b) On showing of administrative probable cause, a judge of the State […]