§ 5-618. Possession or purchase of noncontrolled substance

   (a) Prohibited. -- 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) Considerations. -- 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) Reasonable belief not a defense. -- 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) Penalty. -- 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.

HISTORY: An. Code 1957, art. 27, § 287B(b)-(e); 2002, ch. 26, § 2.