EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1078*
HOUSE BILL 1078
M4, E1, J1 EMERGENCY BILL 2lr2844
CF SB 788
By: Delegate Pena–Melnyk
Introduced and read first time: February 10, 2022
Assigned to: Health and Government Operations and Judiciary
A BILL ENTITLED
AN ACT concerning 1
Cannabis – Regulation – Revisions 2
FOR the purpose of prohibiting a person from knowingly producing plants, or any part of a 3
plant, that exceed a certain concentration of delta–8–tetrahydrocannabinol; altering 4
the definition of “hemp products” for purposes of certain provisions of law governing 5
hemp research and production to exclude certain products made through a process 6
that includes the use of hemp; altering the definition of “marijuana” for purposes of 7
the Maryland Controlled Dangerous Substances Act to include certain products 8
made through a process that includes the use of hemp; defining “medical cannabis” 9
for the purposes of provisions of law regulating medical cannabis; and generally 10
relating to the regulation of cannabis. 11
BY repealing and reenacting, without amendments, 12
Article – Agriculture 13
Section 14–101(a) 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Agriculture 18
Section 14–101(d) and 14–309(a) 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, without amendments, 22
Article – Criminal Law 23
Section 5–101(a) 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, with amendments, 27 2 HOUSE BILL 1078
Article – Criminal Law 1
Section 5–101(r) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2021 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – Health – General 6
Section 13–3301(a) 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2021 Supplement) 9
BY adding to 10
Article – Health – General 11
Section 13–3301(l) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Health – General 16
Section 13–3301(l) through (p) 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Agriculture 22
14–101. 23
(a) In this title the following words have the meanings indicated. 24
(d) (1) “Hemp product” means a product derived from hemp produced in 25
accordance with Subtitle 3 of this title. 26
(2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT: 27
(I) MADE THROUGH A PROCES S THAT INCLUDES THE USE OF 28
HEMP; AND 29
(II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 30
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 31
ON A DRY WEIGHT BASIS ; AND 32
2. THAT IS INTENDED FOR A USE THAT IS REGULA TED 33
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 34 HOUSE BILL 1078 3
14–309. 1
(a) (1) A person may not knowingly: 2
(i) Fail to comply with the Department’s plan for monitoring and 3
regulating the production of hemp established under § 14–305 of this subtitle; 4
(ii) Misrepresent or fail to provide the legal description of land on 5
which hemp is produced; 6
(iii) Produce hemp without a valid license; or 7
(iv) Produce plants, or any part of a plant, that exceeds a 8
DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis. 9
(2) The Department shall report a person that knowingly violates this 10
subtitle to the Attorney General and the U.S. Attorney. 11
Article – Criminal Law 12
5–101. 13
(a) In this title the following words have the meanings indicated. 14
(r) (1) “Marijuana” means: 15
(i) 1. all parts of any plant of the genus Cannabis, whether or 16
not the plant is growing; 17
[(ii)] 2. the seeds of the plant; 18
[(iii)] 3. the resin extracted from the plant; and 19
[(iv)] 4. each compound, manufactured product, salt, derivative, 20
mixture, or preparation of the plant, its seeds, or its resin; OR 21
(II) ANY PRODUCT: 22
1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE 23
OF HEMP; AND 24
2. A. THAT CONTAINS A CONC ENTRATION OF 0.3% OR 25
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 26
ON A DRY WEIGHT BASI S; AND 27
4 HOUSE BILL 1078
B. INTENDED FOR A USE T HAT IS REGULATED UND ER 1
TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 2
(2) “Marijuana” does not include: 3
(i) the mature stalks of the plant; 4
(ii) fiber produced from the mature stalks; 5
(iii) oil or cake made from the seeds of the plant; 6
(iv) except for resin, any other compound, manufactured product, 7
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 8
(v) the sterilized seed of the plant that is incapable of germination; 9
or 10
(vi) hemp as defined in § 14–101 of the Agriculture Article. 11
Article – Health – General 12
13–3301. 13
(a) In this subtitle the following words have the meanings indicated. 14
(L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOL LOWING WHEN 15
INTENDED FOR A USE T HAT IS REGULATED UND ER THIS TITLE: 16
(I) 1. ALL PARTS OF ANY PLAN T OF THE GENUS CANNABIS, 17
WHETHER OR NOT THE P LANT IS GROWING ; 18
2. THE SEEDS OF THE PLAN T; 19
3. THE RESIN EXTRACTED FROM THE PLANT ; AND 20
4. EACH COMPOUND , MANUFACTURED PRODUCT , SALT, 21
DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS RESIN; 22
(II) ANY PLANT OR PART OF A PLANT: 23
1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 24
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 25
ON A DRY WEIGHT BASI S; OR 26
HOUSE BILL 1078 5
2. INTENDED FOR A USE TH AT IS REGULATED UNDE R 1
THIS SUBTITLE; OR 2
(III) ANY OTHER NATURALLY P RODUCED CANNABINOL 3
DERIVATE, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 4
(2) “MEDICAL CANNABIS ” DOES NOT INCLUDE : 5
(I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED 6
FROM MATURE STALKS ; 7
(II) FIBER PRODUCED FROM T HE MATURE STALKS ; 8
(III) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT; 9
(IV) EXCEPT FOR RESIN , ANY OTHER COMPOUND , 10
MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E 11
MATURE STALKS , FIBER, OIL, OR CAKE; 12
(V) THE STERILIZED SEED OF THE PLANT THAT IS INCAPABLE 13
OF GERMINATION ; OR 14
(VI) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE 15
ARTICLE. 16
[(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a 17
volunteer, an officer, or a director of a grower. 18
[(m)] (N) “Processor” means an entity that: 19
(1) Transforms medical cannabis into another product or extract; and 20
(2) Packages and labels medical cannabis. 21
[(n)] (O) “Processor agent” means an owner, a member, an employee, a 22
volunteer, an officer, or a director of a processor. 23
[(o)] (P) “Qualifying patient” means an individual who: 24
(1) Has been provided with a written certification by a certifying provider 25
in accordance with a bona fide provider–patient relationship; and 26
(2) If under the age of 18 years, has a caregiver. 27
[(p)] (Q) “Written certification” means a certification that: 28 6 HOUSE BILL 1078
(1) Is issued by a certifying provider to a qualifying patient with whom the 1
provider has a bona fide provider–patient relationship; 2
(2) Includes a written statement certifying that, in the provider’s 3
professional opinion, after having completed an assessment of the patient’s medical history 4
and current medical condition, the patient has a condition: 5
(i) That meets the inclusion criteria and does not meet the exclusion 6
criteria of the certifying provider’s application; and 7
(ii) For which the potential benefits of the medical use of cannabis 8
would likely outweigh the health risks for the patient; and 9
(3) May include a written statement certifying that, in the provider’s 10
professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the 11
medical needs of the qualifying patient. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 13
measure, is necessary for the immediate preservation of the public health or safety, has 14
been passed by a yea and nay vote supported by three–fifths of all the members elected to 15
each of the two Houses of the General Assembly, and shall take effect from the date it is 16
enacted. 17