EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1078*
HOUSE BILL 1078
M4, E1, J1 EMERGENCY BILL 2lr2844
CF SB 788
By: Delegate Pena–Melnyk Delegates Pena–Melnyk, Pendergrass, Bagnall,
Bhandari, Carr, Cullison, Hill, Johnson, Kaiser, Kelly, Kerr, R. Lewis,
Rosenberg, Sample–Hughes, and K. Young
Introduced and read first time: February 10, 2022
Assigned to: Health and Government Operations and Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
AN ACT concerning 1
Cannabis – Regulation – Revisions Delta–8– and 2
Delta–10–Tetrahydrocannabinol 3
FOR the purpose of prohibiting a person from knowingly producing plants, or any part of a 4
plant, that exceed a certain concentration of delta–8–tetrahydrocannabinol; altering 5
the definition of “hemp products” for purposes of certain provisions of law governing 6
hemp research and production to exclude certain products made through a process 7
that includes the use of hemp; altering the definition of “marijuana” for purposes of 8
the Maryland Controlled Dangerous Substances Act to include certain products 9
made through a process that includes the use of hemp prohibiting a certain person 10
from distributing, purchasing for sale, or selling products containing delta–8– or 11
delta–10–tetrahydrocannabinol to an individual under a certain age; requiring 12
certain websites to employ a certain age–screening mechanism; defining “medical 13
cannabis” for the purposes of provisions of law regulating medical cannabis; 14
requiring the Natalie M. LaPrade Medical Cannabis Commission, in consultation 15
with the State Department of Agriculture and certain other stakeholders, to study 16
and make recommendations on the classifi cation and regulation of 17
tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, and certain 18
manufactured products; and generally relating to the regulation of cannabis. 19
BY repealing and reenacting, without amendments, 20
Article – Agriculture 21
Section 14–101(a) 22 2 HOUSE BILL 1078
Annotated Code of Maryland 1
(2016 Replacement Volume and 2021 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Agriculture 4
Section 14–101(d) and 14–309(a) 5
Annotated Code of Maryland 6
(2016 Replacement Volume and 2021 Supplement) 7
BY repealing and reenacting, without amendments, 8
Article – Criminal Law 9
Section 5–101(a) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 5–101(r) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Criminal Law 19
Section 10–108 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, without amendments, 23
Article – Health – General 24
Section 13–3301(a) 25
Annotated Code of Maryland 26
(2019 Replacement Volume and 2021 Supplement) 27
BY adding to 28
Article – Health – General 29
Section 13–3301(l) 30
Annotated Code of Maryland 31
(2019 Replacement Volume and 2021 Supplement) 32
BY repealing and reenacting, with amendments, 33
Article – Health – General 34
Section 13–3301(l) through (p) 35
Annotated Code of Maryland 36
(2019 Replacement Volume and 2021 Supplement) 37
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 38
That the Laws of Maryland read as follows: 39 HOUSE BILL 1078 3
Article – Agriculture 1
14–101. 2
(a) In this title the following words have the meanings indicated. 3
(d) (1) “Hemp product” means a product derived from hemp produced in 4
accordance with Subtitle 3 of this title. 5
(2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT: 6
(I) MADE THROUGH A PROCES S THAT INCLUDES THE USE OF 7
HEMP; AND 8
(II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 9
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 10
ON A DRY WEIGHT BASIS; AND 11
2. THAT IS INTENDED FOR A USE THAT IS REGULA TED 12
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 13
14–309. 14
(a) (1) A person may not knowingly: 15
(i) Fail to comply with the Department’s plan for monitoring and 16
regulating the production of hemp established under § 14–305 of this subtitle; 17
(ii) Misrepresent or fail to provide the legal description of land on 18
which hemp is produced; 19
(iii) Produce hemp without a valid license; or 20
(iv) Produce plants, or any part of a plant, that exceeds a 21
DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis. 22
(2) The Department shall report a person that knowingly violates this 23
subtitle to the Attorney General and the U.S. Attorney. 24
Article – Criminal Law 25
10–108. 26
(A) A PERSON WHO DISTRIBUT ES PRODUCTS CONTAINI NG DELTA–8– OR 27
DELTA–10–TETRAHYDROCANNABINOL , INCLUDING A PERSON L ICENSED UNDER 28 4 HOUSE BILL 1078
TITLE 16, TITLE 16.5, TITLE 16.7, OR TITLE 17 OF THE BUSINESS REGULATION 1
ARTICLE, MAY NOT DISTRIBUTE , PURCHASE FOR SALE , OR SELL A PRODUCT 2
CONTAINING DELTA –8– OR DELTA –10–TETRAHYDROCANNABINOL TO AN 3
INDIVIDUAL UNDER THE AGE OF 21 YEARS. 4
(B) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 5
THAT THE DEFENDANT E XAMINED THE PURCHASE R’S OR RECIPIENT’S DRIVER’S 6
LICENSE, OR OTHER VALID IDENT IFICATION ISSUED BY A GOVERNMENTAL UNIT , 7
THAT POSITIVELY IDEN TIFIED THE PURCHASER OR RECIPIENT AS BEIN G AT LEAST 8
21 YEARS OLD. 9
(C) ANY WEBSITE OWNED , MANAGED, OR OPERATED BY A PER SON WHO 10
DISTRIBUTES OR SELLS A PRODUCT CONTAINING DELTA–8– OR 11
DELTA–10–TETRAHYDROCANNABINOL SHALL EMPLOY A NEUTR AL AGE–SCREENING 12
MECHANISM THAT VERIF IES THAT THE USER IS AT LEAST 21 YEARS OLD, INCLUDING 13
BY USING AN AGE–GATE, AGE–SCREEN, OR AGE–VERIFICATION MECHANI SM. 14
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 15
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING: 16
(1) $300 FOR A FIRST VIOLATIO N; 17
(2) $1,000 FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS 18
AFTER THE FIRST VIOL ATION; AND 19
(3) $3,000 FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 20
YEARS AFTER THE PREC EDING VIOLATION . 21
5–101. 22
(a) In this title the following words have the meanings indicated. 23
(r) (1) “Marijuana” means: 24
(i) 1. all parts of any plant of the genus Cannabis, whether or 25
not the plant is growing; 26
[(ii)] 2. the seeds of the plant; 27
[(iii)] 3. the resin extracted from the plant; and 28
[(iv)] 4. each compound, manufactured product, salt, derivative, 29
mixture, or preparation of the plant, its seeds, or its resin; OR 30
(II) ANY PRODUCT : 31 HOUSE BILL 1078 5
1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE 1
OF HEMP; AND 2
2. A. THAT CONTAINS A CONC ENTRATION OF 0.3% OR 3
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 4
ON A DRY WEIGHT BASI S; AND 5
B. INTENDED FOR A USE T HAT IS REGULATED UND ER 6
TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 7
(2) “Marijuana” does not include: 8
(i) the mature stalks of the plant; 9
(ii) fiber produced from the mature stalks; 10
(iii) oil or cake made from the seeds of the plant; 11
(iv) except for resin, any other compound, manufactured product, 12
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 13
(v) the sterilized seed of the plant that is incapable of germination; 14
or 15
(vi) hemp as defined in § 14–101 of the Agriculture Article. 16
Article – Health – General 17
13–3301. 18
(a) In this subtitle the following words have the meanings indicated. 19
(L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOLLOWING WHEN 20
INTENDED FOR A USE T HAT IS REGULATED UND ER THIS TITLE: 21
(I) 1. ALL ALL PARTS OF ANY PLANT O F THE GENUS 22
CANNABIS, WHETHER OR NOT THE P LANT IS GROWING ;, INCLUDING: 23
2. (I) THE SEEDS OF THE PLANT; 24
3. (II) THE THE RESIN EXTRACTED FROM THE PLANT; AND 25
4. (III) EACH COMPOUND , MANUFACTURED PRODUCT , 26
SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS 27
RESIN; ANY COMPOUND , MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, 28 6 HOUSE BILL 1078
OR PREPARATION OF TH E PLANT, ITS SEEDS, OR RESIN , INCLUDING 1
TETRAHYDROCANNABINOL AND ALL OTHER NATURA LLY PRODUCED CANNABI NOL 2
DERIVATIVES, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 3
(II) ANY PLANT OR PART OF A PLANT: 4
1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 5
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 6
ON A DRY WEIGHT BASI S; OR 7
2. INTENDED FOR A USE TH AT IS REGULATED UNDE R 8
THIS SUBTITLE; OR 9
(III) ANY OTHER NATURALLY P RODUCED CANNABINOL 10
DERIVATE, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 11
(2) “MEDICAL CANNABIS ” DOES NOT INCLUDE : 12
(I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED 13
FROM MATURE STALKS ; 14
(II) FIBER PRODUCED FROM THE MATURE STAL KS; 15
(III) (II) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT; 16
(IV) (III) EXCEPT FOR RESIN , ANY ANY OTHER COMPOUND , 17
MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E 18
MATURE STALKS , FIBER, OIL, OR CAKE; 19
(V) (IV) THE STERILIZED SEED O F THE PLANT THAT IS 20
INCAPABLE OF GERMINA TION; OR 21
(VI) (V) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE 22
ARTICLE. 23
[(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a 24
volunteer, an officer, or a director of a grower. 25
[(m)] (N) “Processor” means an entity that: 26
(1) Transforms medical cannabis into another product or extract; and 27
(2) Packages and labels medical cannabis. 28
HOUSE BILL 1078 7
[(n)] (O) “Processor agent” means an owner, a member, an employee, a 1
volunteer, an officer, or a director of a processor. 2
[(o)] (P) “Qualifying patient” means an individual who: 3
(1) Has been provided with a written certification by a certifying provider 4
in accordance with a bona fide provider–patient relationship; and 5
(2) If under the age of 18 years, has a caregiver. 6
[(p)] (Q) “Written certification” means a certification that: 7
(1) Is issued by a certifying provider to a qualifying patient with whom the 8
provider has a bona fide provider–patient relationship; 9
(2) Includes a written statement certifying that, in the provider’s 10
professional opinion, after having completed an assessment of the patient’s medical history 11
and current medical condition, the patient has a condition: 12
(i) That meets the inclusion criteria and does not meet the exclusion 13
criteria of the certifying provider’s application; and 14
(ii) For which the potential benefits of the medical use of cannabis 15
would likely outweigh the health risks for the patient; and 16
(3) May include a written statement certifying that, in the provider’s 17
professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the 18
medical needs of the qualifying patient. 19
SECTION 2. AND BE IT FURTHER ENACTED, That: 20
(a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with 21
the State Department of Agriculture, one representative from the Maryland Hemp 22
Coalition, and one representative from the Maryland Health Alternatives Association, shall 23
study and make recommendations on the c lassification and regulation of 24
tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, that are artificially, 25
synthetically, or naturally derived and manufactured products containing delta–8– and 26
delta–10–tetrahydrocannabinol. 27
(b) On or before January 1, 2023, the Natalie M. LaPrade Medical Cannabis 28
Commission shall report its findings and recommendations to the Governor and, in 29
accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, 30
the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the 31
House Health and Government Operations Committee. 32
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 33
measure, is necessary for the immediate preservation of the public health or safety, has 34 8 HOUSE BILL 1078
been passed by a yea and nay vote supported by three–fifths of all the members elected to 1
each of the two Houses of the General Assembly, and shall take effect from the date it is 2
enacted shall take effect July 1, 2022. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.