§5–402.

    (a)    Schedule I consists of each:

        (1)    controlled dangerous substance analogue, as defined in subsection (b) of this section;

        (2)    controlled dangerous substance added to Schedule I by the Department under § 5–202(b) of this title; and

        (3)    controlled dangerous substance designated as a Schedule I controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

    (b)    (1)    In this subsection:

            (i)    “controlled dangerous substance analogue” means a substance:

                1.    that has a chemical structure substantially similar to the chemical structure of a controlled dangerous substance described in Schedule I or Schedule II; and

                2.    that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled dangerous substance described in Schedule I or Schedule II; but

            (ii)    “controlled dangerous substance analogue” does not include:

                1.    a controlled dangerous substance;

                2.    a substance for which there is an approved new drug application; or

                3.    a substance exempted for investigational use under § 506 of the Federal Food, Drug, and Cosmetic Act.

        (2)    To the extent intended for human consumption, each controlled dangerous substance analogue is a substance described in Schedule I.

    (c)    The Department may not add a substance to Schedule I under § 5–202 of this title unless the Department finds:

        (1)    a high potential for abuse of the substance;

        (2)    no accepted medical use in the United States for the substance; and

        (3)    a lack of accepted safety for use of the substance under medical supervision.