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Maryland Code Criminal Law § 3-202. Assault in the first degree

• (a) Prohibited. --
  • (1) A person may not intentionally cause or attempt to cause serious physical injury to another.
  • (2) A person may not commit an assault with a firearm, including:
    • (i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;
    • (ii) an assault pistol, as defined in § 4-301 of this article;
    • (iii) a machine gun, as defined in § 4-401 of this article; and
    • (iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.
• (b) Penalty. -- A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.

Maryland Code Criminal Law § 3-203. Assault in the second degree

• (a) Prohibited. -- A person may not commit an assault.
• (b) Penalty. -- Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 2,500 or both.

 § 3-307. Sexual offense in the third degree 

• (a) Prohibited. -- A person may not:
  • (1)
    • (i) engage in sexual contact with another without the consent of the other; and
    • (ii)
      • 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
      • 2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
      • 3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or
      • 4. commit the crime while aided and abetted by another;
  • (2) engage in sexual contact with another if the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a substantially cognitively impaired individual, a mentally incapacitated individual, or a physically helpless individual;
  • (3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
  • (4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
  • (5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
• (b) Penalty. -- A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.

 § 3-308. Sexual offense in the fourth degree 

• (a) "Person in a position of authority" defined. -- In this section, "person in a position of authority":
  • (1) means a person who:
    • (i) is at least 21 years old;
    • (ii) is employed by or under contract with a public or private preschool, elementary school, or secondary school; and
    • (iii) because of the person's position or occupation, exercises supervision over a minor who attends the school; and
  • (2) includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school.
• (b) Prohibited. -- A person may not engage in:
  • (1) sexual contact with another without the consent of the other;
  • (2) except as provided in § 3-307(a)(4) of this subtitle, a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 4 years older than the victim; or
  • (3) except as provided in § 3-307(a)(5) of this subtitle, vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 4 years older than the victim.
• (c) Sexual abuse of a minor student by a person in a position of authority. --
  • (1) Except as provided in § 3-307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact, is a student enrolled at a school where the person in a position of authority is employed.
  • (2) Except as provided in § 3-307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse, is a student enrolled at a school where the person in a position of authority is employed.
• (d) Penalty. --
  • (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the misdemeanor of sexual offense in the fourth degree and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.
  • (2)
    • (i) On conviction of a violation of this section, a person who has been convicted on a prior occasion not arising from the same incident of a violation of § 3-303, § 304, §§ 3-307 through 3-310 of this subtitle, § 3-311 or § 3-312 of this subtitle as the sections existed before October 1, 2017, § 3-315 of this subtitle, or § 3-602 of this title is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.
    • (ii) If the State intends to proceed against a person under subparagraph (i) of this paragraph, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender.

 § 4-203. Wearing, carrying, or transporting handgun 

• (a) Prohibited. --
  • (1) Except as provided in subsection (b) of this section, a person may not:
    • (i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
    • (ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;
    • (iii) violate item (i) or (ii) of this paragraph while on public school property in the State;
    • (iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person; or
    • (v) violate item (i) or (ii) of this paragraph with a handgun loaded with ammunition.
  • (2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
• (b) Exceptions. -- This section does not prohibit:
  • (1) the wearing, carrying, or transporting of a handgun by a person who is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:
    • (i) a law enforcement official of the United States, the State, or a county or city of the State;
    • (ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;
    • (iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;
    • (iv) a correctional officer or warden of a correctional facility in the State;
    • (v) a sheriff or full-time assistant or deputy sheriff of the State; or
    • (vi) a temporary or part-time sheriff's deputy;
  • (2) the wearing, carrying, or transporting of a handgun, in compliance with any limitations imposed under § 5-307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;
  • (3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
  • (4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
  • (5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
  • (6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;
  • (7) the wearing, carrying, or transporting of a handgun by a supervisory employee:
    • (i) in the course of employment;
    • (ii) within the confines of the business establishment in which the supervisory employee is employed; and
    • (iii) when so authorized by the owner or manager of the business establishment;
  • (8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or
  • (9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:
    • (i) the handgun is unloaded;
    • (ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and
    • (iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.
• (c) Penalty. --
  • (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
  • (2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
    • (i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $ 250 and not exceeding $ 2,500 or both; or
    • (ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.
  • (3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:
    1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or
    
    • 2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.
      • (ii)
        • 1. Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
        • 2. If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.
      • (iii) Except as provided in § 4-305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.
      • (iv) A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State's Attorney notifies the defendant in writing at least 30 days before trial of the State's intention to seek the mandatory minimum sentence.
  • (4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:
    1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or
    
    • 2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or
      • B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.
        • (ii)
        • 1. Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.
        • 2. If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.
        • (iii) Except as provided in § 4-305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.
        • (iv) A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State's Attorney notifies the defendant in writing at least 30 days before trial of the State's intention to seek the mandatory minimum sentence.

 § 7-104. General theft provisions 

• (a) Unauthorized control over property. -- A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person:
  • (1) intends to deprive the owner of the property;
  • (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
  • (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.
• (b) Unauthorized control over property -- By deception. -- A person may not obtain control over property by willfully or knowingly using deception, if the person:
  • (1) intends to deprive the owner of the property;
  • (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
  • (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.
• (c) Possessing stolen personal property. --
  • (1) A person may not possess stolen personal property knowing that it has been stolen, or believing that it probably has been stolen, if the person:
    • (i) intends to deprive the owner of the property;
    • (ii) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or
    • (iii) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.
  • (2) In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if:
    • (i) the person possesses or exerts control over property stolen from more than one person on separate occasions;
    • (ii) during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or
    • (iii) being in the business of buying or selling property of the sort possessed, the person acquired it for a consideration that the person knew was far below a reasonable value.
  • (3) In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that:
    • (i) the person who stole the property has not been convicted, apprehended, or identified;
    • (ii) the defendant stole or participated in the stealing of the property;
    • (iii) the property was provided by law enforcement as part of an investigation, if the property was described to the defendant as being obtained through the commission of theft; or
    • (iv) the stealing of the property did not occur in the State.
  • (4) Unless the person who criminally possesses stolen property participated in the stealing, the person who criminally possesses stolen property and a person who has stolen the property are not accomplices in theft for the purpose of any rule of evidence requiring corroboration of the testimony of an accomplice.
• (d) Control over property lost, mislaid, or delivered by mistake. -- A person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person:
  • (1) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;
  • (2) fails to take reasonable measures to restore the property to the owner; and
  • (3) intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time.
• (e) Services available only for compensation. -- A person may not obtain the services of another that are available only for compensation:
  • (1) by deception; or
  • (2) with knowledge that the services are provided without the consent of the person providing them.
• (f) Inference of intention or knowledge. -- Under this section, an offender's intention or knowledge that a promise would not be performed may not be established by or inferred solely from the fact that the promise was not performed.
• (g) Penalty. --
  • (1) A person convicted of theft of property or services with a value of:
    • (i) at least $ 1,500 but less than $ 25,000 is guilty of a felony and:
      • 1. is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 10,000 or both; and
      • 2. shall restore the property taken to the owner or pay the owner the value of the property or services;
    • (ii) at least $ 25,000 but less than $ 100,000 is guilty of a felony and:
      • 1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 15,000 or both; and
      • 2. shall restore the property taken to the owner or pay the owner the value of the property or services; or
    • (iii) $ 100,000 or more is guilty of a felony and:
      • 1. is subject to imprisonment not exceeding 20 years or a fine not exceeding $ 25,000 or both; and
      • 2. shall restore the property taken to the owner or pay the owner the value of the property or services.
  • (2) Except as provided in paragraph (3) of this subsection, a person convicted of theft of property or services with a value of at least $ 100 but less than $ 1,500, is guilty of a misdemeanor and:
    • (i) is subject to:
      • 1. for a first conviction, imprisonment not exceeding 6 months or a fine not exceeding $ 500 or both; and
      • 2. for a second or subsequent conviction, imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both; and
    • (ii) shall restore the property taken to the owner or pay the owner the value of the property or services.
  • (3) A person convicted of theft of property or services with a value of less than $ 100 is guilty of a misdemeanor and:
    • (i) is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both; and
    • (ii) shall restore the property taken to the owner or pay the owner the value of the property or services.
  • (4) Subject to paragraph (5) of this subsection, a person who has four or more prior convictions under this subtitle and who is convicted of theft of property or services with a value of less than $ 1,500 under paragraph (2) of this subsection is guilty of a misdemeanor and:
    • (i) is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both; and
    • (ii) shall restore the property taken to the owner or pay the owner the value of the property or services.
  • (5) The court may not impose the penalties under paragraph (4) of this subsection unless the State's Attorney serves notice on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that:
    • (i) the State will seek the penalties under paragraph (4) of this subsection; and
    • (ii) lists the alleged prior convictions.
• (h) Failure to pay for motor fuel after dispensing. --
  • (1) If a person is convicted of a violation under this section for failure to pay for motor fuel after the motor fuel was dispensed into a vehicle, the court shall:
    • (i) notify the person that the person's driver's license may be suspended under § 16-206.1 of the Transportation Article; and
    • (ii) notify the Motor Vehicle Administration of the violation.
  • (2) The Chief Judge of the District Court and the Administrative Office of the Courts, in conjunction with the Motor Vehicle Administration, shall establish uniform procedures for reporting a violation under this subsection.
• (i) Statute of limitations. -- An action or prosecution for a violation of subsection (g)(2) or (3) of this section shall be commenced within 2 years after the commission of the crime.
• (j) Jurisdiction and venue. -- A person who violates this section by use of an interactive computer service may be prosecuted, indicted, tried, and convicted in any county in which the victim resides or the electronic communication originated or terminated.

 § 5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance

 Except as otherwise provided in this title, a person may not:

• (1) distribute or dispense a controlled dangerous substance; or
• (2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

§ 5-601. Possessing or administering controlled dangerous substance. 

• (a) In general. -- Except as otherwise provided in this title, a person may not:
  • (1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
  • (2) obtain or attempt to obtain a controlled dangerous substance, or procure or attempt to procure the administration of a controlled dangerous substance by:
    • (i) fraud, deceit, misrepresentation, or subterfuge;
    • (ii) the counterfeiting or alteration of a prescription or a written order;
    • (iii) the concealment of a material fact;
    • (iv) the use of a false name or address;
    • (v) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or
    • (vi) making, issuing, or presenting a false or counterfeit prescription or written order.
• (b) Information not privileged. -- Information that is communicated to a physician in an effort to obtain a controlled dangerous substance in violation of this section is not a privileged communication.
• (c) Penalty; mitigating factors; substance abuse programs. --
  • (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:
    • (i) for a first conviction, imprisonment not exceeding 1 year or a fine not exceeding $ 5,000 or both;
    • (ii) for a second or third conviction, imprisonment not exceeding 18 months or a fine not exceeding $ 5,000 or both; or
    • (iii) for a fourth or subsequent conviction, imprisonment not exceeding 2 years or a fine not exceeding $ 5,000 or both.
  • (2)
    • (i) Except as provided in subparagraph (ii) of this paragraph, a person whose violation of this section involves the use or possession of marijuana is guilty of a misdemeanor of possession of marijuana and is subject to imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both.
    • (ii)
      • 1. A first finding of guilt under this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $ 100.
      • 2. A second finding of guilt under this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $ 250.
      • 3. A third or subsequent finding of guilt under this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $ 500.
      • 4. A. In addition to a fine, a court shall order a person under the age of 21 years who commits a violation punishable under subsubparagraph 1, 2, or 3 of this subparagraph to attend a drug education program approved by the Maryland Department of Health, refer the person to an assessment for substance abuse disorder, and refer the person to substance abuse treatment, if necessary.
        • B. In addition to a fine, a court shall order a person at least 21 years old who commits a violation punishable under subsubparagraph 3 of this subparagraph to attend a drug education program approved by the Maryland Department of Health, refer the person to an assessment for substance abuse disorder, and refer the person to substance abuse treatment, if necessary.
        • C. A court that orders a person to a drug education program or substance abuse assessment or treatment under this subsubparagraph may hold the case sub curia pending receipt of proof of completion of the program, assessment, or treatment.
  • (3) (i) 1. In this paragraph the following words have the meanings indicated.
    • 2. "Bona fide physician-patient relationship" means a relationship in which the physician has ongoing responsibility for the assessment, care, and treatment of a patient's medical condition.
    • 3. "Caregiver" means an individual designated by a patient with a debilitating medical condition to provide physical or medical assistance to the patient, including assisting with the medical use of marijuana, who:
      • A. is a resident of the State;
      • B. is at least 21 years old;
      • C. is an immediate family member, a spouse, or a domestic partner of the patient;
      • D. has not been convicted of a crime of violence as defined in § 14-101 of this article;
      • E. has not been convicted of a violation of a State or federal controlled dangerous substances law;
      • F. has not been convicted of a crime of moral turpitude;
      • G. has been designated as caregiver by the patient in writing that has been placed in the patient's medical record prior to arrest;
      • H. is the only individual designated by the patient to serve as caregiver; and
      • I. is not serving as caregiver for any other patient.
    • 4. "Debilitating medical condition" means a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces one or more of the following, as documented by a physician with whom the patient has a bona fide physician-patient relationship:
      • A. cachexia or wasting syndrome;
      • B. severe or chronic pain;
      • C. severe nausea;
      • D. seizures;
      • E. severe and persistent muscle spasms; or
      • F. any other condition that is severe and resistant to conventional medicine.
        • (ii)
        • 1. In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.
        • 2. Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, the court shall dismiss the charge.
        • (iii) 1. In a prosecution for the use or possession of marijuana under this section, it is an affirmative defense that the defendant used or possessed marijuana because:
        • A. the defendant has a debilitating medical condition that has been diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship;
        • B. the debilitating medical condition is severe and resistant to conventional medicine; and
        • C. marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating medical condition.
        • 2. A. In a prosecution for the possession of marijuana under this section, it is an affirmative defense that the defendant possessed marijuana because the marijuana was intended for medical use by an individual with a debilitating medical condition for whom the defendant is a caregiver.
        • B. A defendant may not assert the affirmative defense under this subsubparagraph unless the defendant notifies the State's Attorney of the defendant's intention to assert the affirmative defense and provides the State's Attorney with all documentation in support of the affirmative defense in accordance with the rules of discovery provided in Maryland Rules 4-262 and 4-263.
        • 3. An affirmative defense under this subparagraph may not be used if the defendant was:
        • A. using marijuana in a public place or assisting the individual for whom the defendant is a caregiver in using the marijuana in a public place; or
          B. in possession of more than 1 ounce of marijuana.
          
  • (4) A violation of this section involving the smoking of marijuana in a public place is a civil offense punishable by a fine not exceeding $ 500.
• (d) Effect of (c)(2)(ii) on other laws. -- The provisions of subsection (c)(2)(ii) of this section making the possession of marijuana a civil offense may not be construed to affect the laws relating to:
  • (1) operating a vehicle or vessel while under the influence of or while impaired by a controlled dangerous substance; or
  • (2) seizure and forfeiture.
• (e) Assessment for substance use disorder; treatment. --
  • (1)
    • (i) Before imposing a sentence under subsection (c) of this section, the court may order the Maryland Department of Health or a certified and licensed designee to conduct an assessment of the defendant for substance use disorder and determine whether the defendant is in need of and may benefit from drug treatment.
    • (ii) If an assessment for substance use disorder is requested by the defendant and the court denies the request, the court shall state on the record the basis for the denial.
  • (2) On receiving an order under paragraph (1) of this subsection, the Maryland Department of Health, or the designee, shall conduct an assessment of the defendant for substance use disorder and provide the results to the court, the defendant or the defendant's attorney, and the State identifying the defendant's drug treatment needs.
  • (3) The court shall consider the results of an assessment performed under paragraph (2) of this subsection when imposing the defendant's sentence and:
    • (i) except as provided in subparagraph (ii) of this paragraph, the court shall suspend the execution of the sentence and order probation and, if the assessment shows that the defendant is in need of substance abuse treatment, require the Maryland Department of Health or the designee to provide the medically appropriate level of treatment as identified in the assessment; or
    • (ii) the court may impose a term of imprisonment under subsection (c) of this section and order the Division of Correction or local correctional facility to facilitate the medically appropriate level of treatment for the defendant as identified in the assessment.