LAWRENCE J. HOGAN, JR., Governor Ch. 511
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Chapter 511
(House Bill 1078)
AN ACT concerning
Cannabis – Regulation – Revisions Delta–8– and
Delta–10–Tetrahydrocannabinol
FOR the purpose of prohibiting a person from knowingly producing plants, or any part of a
plant, that exceed a certain concentration of delta–8–tetrahydrocannabinol; altering
the definition of “hemp products” for purposes of certain provisions of law governing
hemp research and production to exclude certain products made through a process
that includes the use of hemp; altering the definition of “marijuana” for purposes of
the Maryland Controlled Dangerous Substances Act to include certain products
made through a process that includes the use of hemp prohibiting a certain person
from distributing, purchasing for sale, or selling products containing delta–8– or
delta–10–tetrahydrocannabinol to an individual under a certain age; requiring
certain websites to employ a certain age–screening mechanism; defining “medical
cannabis” for the purposes of provisions of law regulating medical cannabis;
requiring the Natalie M. LaPrade Medical Cannabis Commission, in consultation
with the State Department of Agriculture and certain other stakeholders, to study
and make recommendations on the classification and regulation of
tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, and certain
manufactured products; and generally relating to the regulation of cannabis.
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 14–101(a)
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Agriculture
Section 14–101(d) and 14–309(a)
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Criminal Law
Section 5–101(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 5–101(r) Ch. 511 2022 LAWS OF MARYLAND
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Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY adding to
Article – Criminal Law
Section 10–108
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Health – General
Section 13–3301(a)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY adding to
Article – Health – General
Section 13–3301(l)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 13–3301(l) through (p)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
14–101.
(a) In this title the following words have the meanings indicated.
(d) (1) “Hemp product” means a product derived from hemp produced in
accordance with Subtitle 3 of this title.
(2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT:
(I) MADE THROUGH A PROCES S THAT INCLUDES THE USE OF
HEMP; AND
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(II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCA NNABINOL CONCENTRATI ON
ON A DRY WEIGHT BASI S; AND
2. THAT IS INTENDED FOR A USE THAT IS REGULA TED
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE.
14–309.
(a) (1) A person may not knowingly:
(i) Fail to comply with the Department’s plan for monitoring and
regulating the production of hemp established under § 14–305 of this subtitle;
(ii) Misrepresent or fail to provide the legal description of land on
which hemp is produced;
(iii) Produce hemp without a valid license; or
(iv) Produce plants, or any part of a plant, that exceeds a
DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis.
(2) The Department shall report a person that knowingly violates this
subtitle to the Attorney General and the U.S. Attorney.
Article – Criminal Law
10–108.
(A) A PERSON WHO DISTRIBUT ES PRODUCTS CONTAINI NG DELTA–8– OR
DELTA–10–TETRAHYDROCANNABINOL , INCLUDING A PERSON L ICENSED UNDER
TITLE 16, TITLE 16.5, TITLE 16.7, OR TITLE 17 OF THE BUSINESS REGULATION
ARTICLE, MAY NOT DISTRIBUTE , PURCHASE FOR SALE , OR SELL A PRO DUCT
CONTAINING DELTA –8– OR DELTA –10–TETRAHYDROCANNABINOL TO AN
INDIVIDUAL UNDER THE AGE OF 21 YEARS.
(B) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE
THAT THE DEFENDANT E XAMINED THE PURCHASE R’S OR RECIPIENT ’S DRIVER’S
LICENSE, OR OTHER VALID IDENTIFIC ATION ISSUED BY A GO VERNMENTAL UNIT ,
THAT POSITIVELY IDEN TIFIED THE PURCHASER OR RECIPIENT AS BEIN G AT LEAST
21 YEARS OLD.
(C) ANY WEBSITE OWNED , MANAGED, OR OPERATED BY A PER SON WHO
DISTRIBUTES OR SELLS A PRODUCT CONTAINING DELTA–8– OR
DELTA–10–TETRAHYDROCANNABINOL SHALL EMPLOY A NEUTR AL AGE–SCREENING Ch. 511 2022 LAWS OF MARYLAND
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MECHANISM THAT VERIF IES THAT THE USER IS AT LEAST 21 YEARS OLD, INCLUDING
BY USING AN AGE –GATE, AGE–SCREEN, OR AGE–VERIFICATION MECHANI SM.
(D) A PERSON WHO VIOLATES THIS SECTION IS GU ILTY OF A MISDEMEANO R
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING:
(1) $300 FOR A FIRST VIOLATIO N;
(2) $1,000 FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS
AFTER THE FIRST VIOL ATION; AND
(3) $3,000 FOR EACH SUBSEQUENT VIOLATION OCCURRIN G WITHIN 2
YEARS AFTER THE PREC EDING VIOLATION .
5–101.
(a) In this title the following words have the meanings indicated.
(r) (1) “Marijuana” means:
(i) 1. all parts of any plant of the genus Cannabis, whether or
not the plant is growing;
[(ii)] 2. the seeds of the plant;
[(iii)] 3. the resin extracted from the plant; and
[(iv)] 4. each compound, manufactured product, salt, derivative,
mixture, or preparation of the plant, its seeds, or its resin; OR
(II) ANY PRODUCT :
1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE
OF HEMP; AND
2. A. THAT CONTAINS A CONC ENTRATION OF 0.3% OR
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION
ON A DRY WEIGHT BASI S; AND
B. INTENDED FOR A USE T HAT IS REGULATED UND ER
TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE.
(2) “Marijuana” does not include:
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(i) the mature stalks of the plant;
(ii) fiber produced from the mature stalks;
(iii) oil or cake made from the seeds of the plant;
(iv) except for resin, any other compound, manufactured product,
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
(v) the sterilized seed of the plant that is incapable of germination;
or
(vi) hemp as defined in § 14–101 of the Agriculture Article.
Article – Health – General
13–3301.
(a) In this subtitle the following words have the meanings indicated.
(L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOLLOWING WHEN
INTENDED FOR A USE T HAT IS REGULATED UND ER THIS TITLE:
(I) 1. ALL ALL PARTS OF ANY PLANT O F THE GENUS
CANNABIS, WHETHER OR NOT THE P LANT IS GROWING ;, INCLUDING:
2. (I) THE SEEDS OF THE PLAN T;
3. (II) THE THE RESIN EXTRACTED FROM THE PLANT; AND
4. (III) EACH COMPOUND , MANUFACTURED PRODUCT ,
SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS
RESIN; ANY COMPOUND , MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE,
OR PREPARATION OF TH E PLANT, ITS SEEDS, OR RESIN , INCLUDING
TETRAHYDROCANNABINOL AND ALL OTHER NATURA LLY PRODUCED CANN ABINOL
DERIVATIVES, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION .
(II) ANY PLANT OR PART OF A PLANT:
1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION
ON A DRY WEIGHT BASI S; OR
2. INTENDED FOR A USE TH AT IS REGULATED UNDE R
THIS SUBTITLE; OR Ch. 511 2022 LAWS OF MARYLAND
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(III) ANY OTHER NATURALLY P RODUCED CANNABINOL
DERIVATE, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION .
(2) “MEDICAL CANNABIS ” DOES NOT INCLUDE :
(I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED
FROM MATURE STALKS ;
(II) FIBER PRODUCED FROM T HE MATURE STALKS ;
(III) (II) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT;
(IV) (III) EXCEPT FOR RESIN , ANY ANY OTHER COMPOUND ,
MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E
MATURE STALKS , FIBER, OIL, OR CAKE;
(V) (IV) THE STERILIZED SEED O F THE PLANT THAT IS
INCAPABLE OF GERMINA TION; OR
(VI) (V) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE
ARTICLE.
[(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a
volunteer, an officer, or a director of a grower.
[(m)] (N) “Processor” means an entity that:
(1) Transforms medical cannabis into another product or extract; and
(2) Packages and labels medical cannabis.
[(n)] (O) “Processor agent” means an owner, a member, an employee, a
volunteer, an officer, or a director of a processor.
[(o)] (P) “Qualifying patient” means an individual who:
(1) Has been provided with a written certification by a certifying provider
in accordance with a bona fide provider–patient relationship; and
(2) If under the age of 18 years, has a caregiver.
[(p)] (Q) “Written certification” means a certification that:
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(1) Is issued by a certifying provider to a qualifying patient with whom the
provider has a bona fide provider–patient relationship;
(2) Includes a written statement certifying that, in the provider’s
professional opinion, after having completed an assessment of the patient’s medical history
and current medical condition, the patient has a condition:
(i) That meets the inclusion criteria and does not meet the exclusion
criteria of the certifying provider’s application; and
(ii) For which the potential benefits of the medical use of cannabis
would likely outweigh the health risks for the patient; and
(3) May include a written statement certifying that, in the provider’s
professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the
medical needs of the qualifying patient.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with
the State Department of Agriculture, one representative from the Maryland Hemp
Coalition, one representative from the Forensic Sciences Division in the Department of State
Police, one representative from the U.S. Cannabis Council, and one representative from the
Maryland Health Alternatives Association, shall study and make recommendations on the
classification and regulation of tetrahydrocannabin ols, other than
delta–9–tetrahydrocannabinol, that are artificially, synthetically, or naturally derived and
manufactured products containing delta–8– and delta–10–tetrahydrocannabinol.
(b) On or before January 1, 2023, the Natalie M. LaPrade Medical Cannabis
Commission shall report its findings and recommendations to the Governor and, in
accordance with § 2–1257 of the State Government Article, the Senate Finance Committee,
the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the
House Health and Government Operations Committee.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted shall take effect July 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.