In general

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    (a)    In this section, “Fund” means the Maryland Substance Abuse Fund.

    (b)    (1)    There is a Maryland Substance Abuse Fund.

        (2)    The Fund is a special nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

        (3)    The Fund consists of the fee required under § 6–229 of the Criminal Procedure Article, money appropriated in the State budget to the Fund, all earnings from investment of money in the Fund, and other money accepted for the benefit of the Fund from a governmental or private source.

        (4)    The State Treasurer shall hold the Fund separately.

        (5)    The State Comptroller shall account for the Fund.

        (6)    The Fund shall be invested and reinvested in the same manner as other State funds.

        (7)    The Comptroller shall pay out money from the Fund as directed by the Administration or as approved in the State budget.

        (8)    The Fund is subject to audit by the Office of Legislative Audits under § 2–1220 of the State Government Article.

        (9)    No part of the Fund may revert or be credited to:

            (i)    The General Fund of the State; or

            (ii)    Any other special fund of the State.

    (c)    The Fund shall be used by the Administration for the following purposes in order of priority:

        (1)    Planning expenses and related costs incurred by local drug and alcohol councils established under Subtitle 10 of this title;

        (2)    Planning expenses and related costs incurred by any State unit designated to coordinate planning by local drug and alcohol councils and review grant requests from local governments; and

        (3)    Substance abuse evaluation and treatment services, including services provided through a drug treatment court.

    (d)    (1)    Administrative expenditures under this section may be made only in accordance with the State budget.

        (2)    The Administration shall administer the Fund in accordance with this section and all other applicable law.

        (3)    Disbursements from the Fund shall supplement and may not substitute for any other funds appropriated in the State budget for substance abuse evaluation and treatment services.


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