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

(2) designated as a Schedule V 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 V under § 5-202 of this title unless the Department finds:

(1) the substance has a low potential for abuse relative to the substances listed in Schedule IV;

(2) the substance has currently accepted medical use in the United States; and

(3) abuse of the substance may lead to limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.