Section 5-805 - Inspections. - Maryland Statutes

§ 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. 
 

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