§5–404.

    (a)    Schedule III consists of each controlled dangerous substance by whatever official name, common or usual name, chemical name, or brand name:

        (1)    added to Schedule III by the Department under § 5–202(b) of this title; or

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

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

        (1)    a potential for abuse of the substance that is less than that for the substances listed in Schedule I and Schedule II;

        (2)    well documented and approved medical use of the substance in the United States; and

        (3)    evidence that abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.