JEAN PAUL BUTLER v. STATE OF MARYLAND
Court of Special Appeals, Nazarian, Filed Nov. 1, 2013
CDS- Digital scale with cocaine residue provided sufficient evidence to support conviction for felony CL 5-603 “Equipment to produce controlled dangerous substance”

Conviction reversed due to Valonis issue (judge failed to announce on the record that waiver of jury trial right was made knowingly and voluntarily)

In the field of statutory interpretation, however, the opinion was an interesting one.

The CoSA found that, although the 2002 revision that re-codified Title 27 stated that the re-codification was done “without substantive change,” where the plain text of the statute (and accompanying definitions) actually created unambiguous, substantive change, the change was validly effected (brought into being) nonetheless.

Thus, re-codifying the definition of “manufature” changed the crime at issue from packaging CDS that you have manufactured (packaging being part of the manufacturing process) to packaging CDS that anyone has manufactured (packaging being its own process).

Other notes:
Don’t sell drugs in Harford County. Butler was caught with 50 Oxycodone pills and a digital scale with cocaine residue and sentenced to 20 years + 2 years concurrent + 10 years consecutive (suspend all but 5).