§ 5-805. Inspections

   (a) "Controlled premises" defined. -- 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 dispose of a controlled dangerous substance.

(b) Inspections allowed. -- The Department may make administrative inspections of controlled premises in accordance with this section and designate those who may seize property under this section.

(c) Inspections in controlled premises. -- An officer or employee designated by the Department may enter controlled premises to conduct an administrative inspection:

   (1) when authorized by an administrative inspection warrant issued under § 5-804 of this subtitle; and

   (2) on presenting the warrant and appropriate credentials to the owner, operator, or agent in charge.

(d) Inspection rights. -- When authorized by an administrative inspection warrant, an officer or employee designated by the Department may:

   (1) inspect and copy records that must be kept under this title;

   (2) inspect, within reasonable limits and in a reasonable manner:

      (i) controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling in the controlled premises;

      (ii) except as provided in subsection (e) of this section, all other things in the controlled premises, including records, files, papers, processes, controls, and facilities, bearing on violation of this title; and

   (3) inventory stock and obtain samples of a controlled dangerous substance in the controlled premises.

(e) Warrantless inspections. -- Without a warrant, the Department may inspect books and records in accordance with this title and enter and conduct administrative inspections, including seizures of property:

   (1) with the consent of the owner, operator, or agent in charge of the controlled premises;

   (2) in a situation that presents imminent danger to health or safety;

   (3) in a situation that involves inspection of a conveyance where there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

   (4) in any other exceptional or emergency situation in which time or opportunity to apply for a warrant is lacking; and

   (5) in all other situations where a warrant is not legally required.

(f) Data not available for inspection. -- Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized under this section may not extend to:

   (1) financial data;

   (2) sales data other than shipment data; or

   (3) pricing data.

HISTORY: An. Code 1957, art. 27, § 294(b); 2002, ch. 26, § 2; 2003, ch. 21, § 1.