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.
Italics indicate opposite chamber/conference committee amendments.
*hb1078*
HOUSE BILL 1078
M4, E1, J1 EMERGENCY BILL (2lr2844)
ENROLLED BILL
— Health and Government Operations and Judiciary/Finance —
Introduced 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
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 1078
cannabis” for the purposes of provisions of law regulating medical cannabis; 1
requiring the Natalie M. LaPrade Medical Cannabis Commission, in consultation 2
with the State Department of Agriculture and certain other stakeholders, to study 3
and make recommendations on the classification and regulation of 4
tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, and certain 5
manufactured products; and generally relating to the regulation of cannabis. 6
BY repealing and reenacting, without amendments, 7
Article – Agriculture 8
Section 14–101(a) 9
Annotated Code of Maryland 10
(2016 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Agriculture 13
Section 14–101(d) and 14–309(a) 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Criminal Law 18
Section 5–101(a) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Criminal Law 23
Section 5–101(r) 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2021 Supplement) 26
BY adding to 27
Article – Criminal Law 28
Section 10–108 29
Annotated Code of Maryland 30
(2021 Replacement Volume and 2021 Supplement) 31
BY repealing and reenacting, without amendments, 32
Article – Health – General 33
Section 13–3301(a) 34
Annotated Code of Maryland 35
(2019 Replacement Volume and 2021 Supplement) 36
BY adding to 37
Article – Health – General 38
Section 13–3301(l) 39
Annotated Code of Maryland 40 HOUSE BILL 1078 3
(2019 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Health – General 3
Section 13–3301(l) through (p) 4
Annotated Code of Maryland 5
(2019 Replacement Volume and 2021 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Agriculture 9
14–101. 10
(a) In this title the following words have the meanings indicated. 11
(d) (1) “Hemp product” means a product derived from hemp produced in 12
accordance with Subtitle 3 of this title. 13
(2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT: 14
(I) MADE THROUGH A PROCES S THAT INCLUDES THE USE OF 15
HEMP; AND 16
(II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 17
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 18
ON A DRY WEIGHT BASI S; AND 19
2. THAT IS INTENDED FOR A USE THAT IS REGULA TED 20
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 21
14–309. 22
(a) (1) A person may not knowingly: 23
(i) Fail to comply with the Department’s plan for monitoring and 24
regulating the production of hemp established under § 14–305 of this subtitle; 25
(ii) Misrepresent or fail to provide the legal description of land on 26
which hemp is produced; 27
(iii) Produce hemp without a valid license; or 28
(iv) Produce plants, or any part of a plant, that exceeds a 29
DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis. 30 4 HOUSE BILL 1078
(2) The Department shall report a person that knowingly violates this 1
subtitle to the Attorney General and the U.S. Attorney. 2
Article – Criminal Law 3
10–108. 4
(A) A PERSON WHO DISTRIBUT ES PRODUCTS CONTAINI NG DELTA–8– OR 5
DELTA–10–TETRAHYDROCANNABINOL , INCLUDING A PERSON L ICENSED UNDER 6
TITLE 16, TITLE 16.5, TITLE 16.7, OR TITLE 17 OF THE BUSINESS REGULATION 7
ARTICLE, MAY NOT DISTRIBUTE , PURCHASE FOR SALE , OR SELL A PRODUCT 8
CONTAINING DELTA –8– OR DELTA –10–TETRAHYDROCANNABINOL TO AN 9
INDIVIDUAL UNDER THE AGE OF 21 YEARS. 10
(B) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 11
THAT THE DEFENDANT E XAMINED THE PURCHASE R’S OR RECIPIENT ’S DRIVER’S 12
LICENSE, OR OTHER VALID IDENT IFICATION ISSUED BY A GOVERNMENTAL UNIT , 13
THAT POSITIVELY IDEN TIFIED THE PURCHASER OR RECIPIENT AS BEIN G AT LEAST 14
21 YEARS OLD. 15
(C) ANY WEBSITE OWNED , MANAGED, OR OPERATED BY A PER SON WHO 16
DISTRIBUTES OR SELLS A PRODUCT CONTAINING DELTA–8– OR 17
DELTA–10–TETRAHYDROCANNABINOL SHALL EMPLOY A NEUTR AL AGE–SCREENING 18
MECHANISM THAT VERIF IES THAT THE USER IS AT LEAST 21 YEARS OLD, INCLUDING 19
BY USING AN AGE–GATE, AGE–SCREEN, OR AGE–VERIFICATION MECHANI SM. 20
(D) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 21
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING: 22
(1) $300 FOR A FIRST VIOLATIO N; 23
(2) $1,000 FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS 24
AFTER THE FIRST VIOL ATION; AND 25
(3) $3,000 FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 26
YEARS AFTER THE PREC EDING VIOLATION . 27
5–101. 28
(a) In this title the following words have the meanings indicated. 29
(r) (1) “Marijuana” means: 30
HOUSE BILL 1078 5
(i) 1. all parts of any plant of the genus Cannabis, whether or 1
not the plant is growing; 2
[(ii)] 2. the seeds of the plant; 3
[(iii)] 3. the resin extracted from the plant; and 4
[(iv)] 4. each compound, manufactured product, salt, derivative, 5
mixture, or preparation of the plant, its seeds, or its resin; OR 6
(II) ANY PRODUCT : 7
1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE 8
OF HEMP; AND 9
2. A. THAT CONTAINS A CONC ENTRATION OF 0.3% OR 10
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 11
ON A DRY WEIGHT BASI S; AND 12
B. INTENDED FOR A USE T HAT IS REGULATED UND ER 13
TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 14
(2) “Marijuana” does not include: 15
(i) the mature stalks of the plant; 16
(ii) fiber produced from the mature stalks; 17
(iii) oil or cake made from the seeds of the plant; 18
(iv) except for resin, any other compound, manufactured product, 19
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 20
(v) the sterilized seed of the plant that is incapable of germination; 21
or 22
(vi) hemp as defined in § 14–101 of the Agriculture Article. 23
Article – Health – General 24
13–3301. 25
(a) In this subtitle the following words have the meanings indicated. 26
6 HOUSE BILL 1078
(L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOLLOWING WHEN 1
INTENDED FOR A USE T HAT IS REGULATED UND ER THIS TITLE: 2
(I) 1. ALL ALL PARTS OF ANY PLANT O F THE GENUS 3
CANNABIS, WHETHER OR NOT THE P LANT IS GROWING ;, INCLUDING: 4
2. (I) THE SEEDS OF THE PLANT; 5
3. (II) THE THE RESIN EXTRACTED FROM THE PLANT; AND 6
4. (III) EACH COMPOUND , MANUFACTURED PRODUCT , 7
SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS 8
RESIN; ANY COMPOUND , MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, 9
OR PREPARATION OF TH E PLANT, ITS SEEDS, OR RESIN , INCLUDING 10
TETRAHYDROCANNABINOL AND ALL OTHER NATURA LLY PRODUCED CANNABI NOL 11
DERIVATIVES, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 12
(II) ANY PLANT OR PART OF A PLANT: 13
1. THAT CONTAINS A CONCENTRATION OF 0.3% OR 14
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 15
ON A DRY WEIGHT BASI S; OR 16
2. INTENDED FOR A USE TH AT IS REGULATED UNDE R 17
THIS SUBTITLE; OR 18
(III) ANY OTHER NATURALLY P RODUCED CANNABINOL 19
DERIVATE, WHETHER PRODUCED DIRECTLY OR INDIRECTLY BY EXTRAC TION. 20
(2) “MEDICAL CANNABIS ” DOES NOT INCLUDE : 21
(I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED 22
FROM MATURE STALKS ; 23
(II) FIBER PRODUCED FROM T HE MATURE STALKS ; 24
(III) (II) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT; 25
(IV) (III) EXCEPT FOR RESIN , ANY ANY OTHER COMPOUND , 26
MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E 27
MATURE STALKS , FIBER, OIL, OR CAKE; 28
(V) (IV) THE STERILIZED SEED O F THE PLANT THAT IS 29
INCAPABLE OF GERMINATION ; OR 30 HOUSE BILL 1078 7
(VI) (V) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE 1
ARTICLE. 2
[(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a 3
volunteer, an officer, or a director of a grower. 4
[(m)] (N) “Processor” means an entity that: 5
(1) Transforms medical cannabis into another product or extract; and 6
(2) Packages and labels medical cannabis. 7
[(n)] (O) “Processor agent” means an owner, a member, an employee, a 8
volunteer, an officer, or a director of a processor. 9
[(o)] (P) “Qualifying patient” means an individual who: 10
(1) Has been provided with a written certification by a certifying provider 11
in accordance with a bona fide provider–patient relationship; and 12
(2) If under the age of 18 years, has a caregiver. 13
[(p)] (Q) “Written certification” means a certification that: 14
(1) Is issued by a certifying provider to a qualifying patient with whom the 15
provider has a bona fide provider–patient relationship; 16
(2) Includes a written statement certifying that, in the provider’s 17
professional opinion, after having completed an assessment of the patient’s medical history 18
and current medical condition, the patient has a condition: 19
(i) That meets the inclusion criteria and does not meet the exclusion 20
criteria of the certifying provider’s application; and 21
(ii) For which the potential benefits of the medical use of cannabis 22
would likely outweigh the health risks for the patient; and 23
(3) May include a written statement certifying that, in the provider’s 24
professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the 25
medical needs of the qualifying patient. 26
SECTION 2. AND BE IT FURTHER ENACTED, That: 27
(a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with 28
the State Department of Agriculture, one representative from the Maryland Hemp 29 8 HOUSE BILL 1078
Coalition, one representative from the Forensic Sciences Division in the Department of State 1
Police, one representative from the U.S. Cannabis Council, and one representative from the 2
Maryland Health Alternatives Association, shall study and make recommendations on the 3
classification and regulation of tetrahydrocannabinols, other than 4
delta–9–tetrahydrocannabinol, that are artificially, synthetically, or naturally derived and 5
manufactured products containing delta–8– and delta–10–tetrahydrocannabinol. 6
(b) On or before January 1, 2023, the Natalie M. LaPrade Medical Cannabis 7
Commission shall report its findings and recommendations to the Governor and, in 8
accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, 9
the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the 10
House Health and Government Operations Committee. 11
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 12
measure, is necessary for the immediate preservation of the public health or safety, has 13
been passed by a yea and nay vote supported by three–fifths of all the members elected to 14
each of the two Houses of the General Assembly, and shall take effect from the date it is 15
enacted shall take effect July 1, 2022. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.