EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0837*
HOUSE BILL 837
E1, E2, J1 2lr1616
By: Delegate Clippinger
Introduced and read first time: February 3, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Cannabis Reform 2
FOR the purpose of requiring the Natalie M. LaPrade Medical Cannabis Commission, in 3
consultation with certain stakeholders, to conduct a certain baseline study of 4
cannabis use in the State; establishing the Cannabis Business Assistance Fund in 5
the Department of Commerce as a special, nonlapsing fund to provide assistance to 6
small, minority, and women–owned businesses entering the adult–use cannabis 7
industry; altering certain provisions relating to penalties, charging procedures, 8
expungement, shielding, and sentencing for certain offenses involving marijuana; 9
legalizing the use and possession of a certain quantity of marijuana by a person who 10
is at least a certain age; establishing the Cannabis Public Health Advisory Council; 11
establishing the Cannabis Public Health Fund; adding the smoking of cannabis and 12
hemp to certain provisions of law prohibiting smoking in certain indoor areas; and 13
generally relating to cannabis. 14
BY adding to 15
Article – Health – General 16
Section 13–4401 to be under the new subtitle “Subtitle 44. Cannabis Use Baseline 17
Study”; and 13–4501 through 13–4506 to be under the new subtitle “Subtitle 18
45. Cannabis Public Health Advisory Council” 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21
BY adding to 22
Article – Economic Development 23
Section 5–1901 to be under the new subtitle “Subtitle 19. Cannabis Business 24
Assistance Fund” 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2021 Supplement) 27
BY repealing and reenacting, without amendments, 28 2 HOUSE BILL 837
Article – State Finance and Procurement 1
Section 6–226(a)(2)(i) 2
Annotated Code of Maryland 3
(2021 Replacement Volume) 4
BY repealing and reenacting, with amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(ii)144. and 145. 7
Annotated Code of Maryland 8
(2021 Replacement Volume) 9
BY adding to 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)146. and 147. 12
Annotated Code of Maryland 13
(2021 Replacement Volume) 14
BY repealing and reenacting, without amendments, 15
Article – Criminal Law 16
Section 5–101(a) and 5–601(a) and (c)(1) 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Law 21
Section 5–601(a), (c)(2) and (4), and (d), 5–601.1, 5–602, 5–603, and 5–607 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – Courts and Judicial Proceedings 26
Section 3–8A–01(a) 27
Annotated Code of Maryland 28
(2020 Replacement Volume and 2021 Supplement) 29
BY repealing and reenacting, with amendments, 30
Article – Courts and Judicial Proceedings 31
Section 3–8A–01(dd) and 3–8A–33(a) 32
Annotated Code of Maryland 33
(2020 Replacement Volume and 2021 Supplement) 34
BY repealing 35
Article – Criminal Law 36
Section 5–101(r) 37
Annotated Code of Maryland 38
(2021 Replacement Volume and 2021 Supplement) 39
HOUSE BILL 837 3
BY adding to 1
Article – Criminal Law 2
Section 5–101(r) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Criminal Procedure 7
Section 4–101(c), 10–101(e), 10–105(a)(12) and (c)(8), 10–107, 10–110(a) and (c), and 8
10–111 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Criminal Procedure 13
Section 10–101(a) and (d) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Criminal Procedure 18
Section 10–105.3 and 10–112 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Health – General 23
Section 24–501 through 24–503, 24–507, and 24–510 24
Annotated Code of Maryland 25
(2019 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, without amendments, 27
Article – Health – General 28
Section 24–504, 24–505, and 24–508 29
Annotated Code of Maryland 30
(2019 Replacement Volume and 2021 Supplement) 31
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
That the Laws of Maryland read as follows: 33
Article – Health – General 34
SUBTITLE 44. CANNABIS USE BASELINE STUDY. 35
13–4401. 36
4 HOUSE BILL 837
(A) THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, IN 1
CONSULTATION WITH TH E DEPARTMENT , THE BEHAVIORAL HEALTH 2
ADMINISTRATION , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 3
VICTIM SERVICES, THE MARYLAND POISON CENTER, THE STATE’S DESIGNATED 4
HEALTH INFORMATION EXCHANGE, AND THE MARYLAND HOSPITAL ASSOCIATION, 5
SHALL CONDUCT , OR CONTRACT WITH AN INSTITUTION OF HIGHE R EDUCATION OR 6
A PRIVATE RESEARCH ENT ITY TO CONDUCT , A COMPREHENSIVE BASE LINE STUDY 7
OF CANNABIS USE IN T HE STATE THAT INCLUDES A SURVEY OF: 8
(1) PATTERNS OF USE , INCLUDING FREQUENCY OF USE AND DOSING, 9
METHODS OF CONSUMPTI ON, AND GENERAL PERCEPTI ONS OF CANNABIS AMON G: 10
(I) INDIVIDUALS UNDER THE AGE OF 21 YEARS; 11
(II) INDIVIDUALS AT LEAST 21 YEARS OLD AND UNDER THE AGE 12
OF 55 YEARS; 13
(III) INDIVIDUALS AT LEAST 55 YEARS OLD; 14
(IV) PREGNANT WOMEN; AND 15
(V) BREASTFEEDING WOMEN ; 16
(2) INCIDENTS OF IMPAIRED DRIVING, INCLUDING ARRESTS , 17
ACCIDENTS, AND FATALITIES, RELATED TO CANNABIS USE; 18
(3) HOSPITALIZATIONS RELA TED TO CANNABIS USE ; 19
(4) CALLS TO POISON CONTR OL CENTERS RELATED TO CANNABIS 20
USE, INCLUDING DATA ON CA LLS RELATED TO INDIV IDUALS UNDER THE AGE OF 21 21
YEARS; AND 22
(5) DIAGNOSES OF CANNABIS USE DISORDER AND PROBLEM 23
CANNABIS USE. 24
(B) ON OR BEFORE JANUARY 1, 2023, THE NATALIE M. LAPRADE MEDICAL 25
CANNABIS COMMISSION SHALL SUBM IT A REPORT OF THE F INDINGS OF THE 26
BASELINE STUDY CONDU CTED UNDER SUBSECTIO N (A) OF THIS SECTION TO T HE 27
GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 28
ARTICLE, THE SENATE FINANCE COMMITTEE, THE SENATE JUDICIAL 29
PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE 30
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 31
HOUSE BILL 837 5
(C) ON OR BEFORE JANUARY 1, 2025, AND EVERY OTHER YEAR 1
THEREAFTER , THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION 2
SHALL: 3
(1) SURVEY THE SAME FACTO RS THAT ARE SET FORT H IN 4
SUBSECTION (A) OF THIS SECTION; 5
(2) USE THE SAME METHODOL OGY OR MODEL THAT IS USED TO 6
CONDUCT THE SURVEY R EQUIRED UNDER SUBSEC TION (A) OF THIS SECTION; AND 7
(3) SUBMIT A REPORT OF TH E FINDINGS OF THE SURVEY REQUIRED 8
UNDER THIS SUBSECTIO N TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 9
OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE, THE 10
SENATE JUDICIAL PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY 11
COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 12
COMMITTEE. 13
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 14
as follows: 15
Article – Economic Development 16
SUBTITLE 19. CANNABIS BUSINESS ASSISTANCE FUND. 17
5–1901. 18
(A) IN THIS SECTION , “FUND” MEANS THE CANNABIS BUSINESS 19
ASSISTANCE FUND. 20
(B) THERE IS A CANNABIS BUSINESS ASSISTANCE FUND. 21
(C) THE PURPOSE OF THE FUND IS TO ASSIST SMA LL, MINORITY–OWNED, 22
AND WOMEN –OWNED BUSINESSES ENT ERING THE ADULT–USE CANNABIS INDUSTRY . 23
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 24
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 25
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 27
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
(F) THE FUND CONSISTS OF: 29
6 HOUSE BILL 837
(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 1
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 2
THE BENEFIT OF THE FUND. 3
(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND 4
MAY BE USED ONLY FOR : 5
(I) GRANTS OR LOANS TO SMALL , MINORITY–OWNED, OR 6
WOMEN–OWNED BUSINESSES FOR : 7
1. LICENSE APPLICATION ASSISTANCE FOR 8
PARTICIPATION IN THE ADULT–USE CANNABIS INDUSTR Y; 9
2. ASSISTANCE WITH THE OPERATING OR CAPITAL 10
EXPENSES OF A BUSINE SS PARTICIPATING IN THE ADULT–USE CANNABIS INDUSTR Y; 11
OR 12
3. TARGETED TRAINING TO SUPPORT PARTICIPATIO N IN 13
THE ADULT–USE CANNABIS INDUSTR Y; AND 14
(II) GRANTS TO HISTORICALLY BLACK COLLEGES AND 15
UNIVERSITIES FOR CAN NABIS–RELATED PROGRAMS AND BUSINESS DEVELOP MENT 16
ORGANIZATIONS , INCLUDING INCUBATORS , TO TRAIN AND ASSIST SMALL, 17
MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS SEEKING TO 18
BECOME LICENSED TO P ARTICIPATE IN THE AD ULT–USE CANNABIS INDUSTR Y. 19
(2) THE DEPARTMENT : 20
(I) SHALL PRIORITIZE AWA RDING GRANTS AND LOA NS IN 21
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION T O POPULATIONS THAT 22
HAVE BEEN HISTORICAL LY DISPROPORTIONATEL Y IMPACTED BY THE 23
ENFORCEMENT OF LAWS CRIMINALIZING THE US E OF CANNABIS; 24
(II) MAY AWARD GRANTS OR LOANS TO INDIVIDUALS WHO HAVE 25
BEEN CONVIC TED OF A VIOLATION O F A LAW CRIMINALIZIN G THE USE OF CANNABI S; 26
AND 27
(III) MAY NOT AWARD GRANTS OR LOANS TO SMALL , MINORITY, 28
AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS WITH HIGH PERSON AL NET 29
WORTH. 30
HOUSE BILL 837 7
(3) IN ORDER TO AWARD GRA NTS AND LOANS IN ACC ORDANCE WITH 1
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL DEVE LOP 2
PARTNERSHIPS WITH : 3
(I) TRADITIONAL MINORITY –SERVING INSTITUTIONS IN THE 4
STATE AND SURROUNDING JURISDICTIONS, INCLUDING HISTORICAL LY BLACK 5
COLLEGES AND UNIVERS ITIES; 6
(II) TRADE ASS OCIATIONS REPRESENTI NG MINORITY AND 7
WOMEN–OWNED BUSINESSES ; AND 8
(III) THE GOVERNOR’S OFFICE OF SMALL, MINORITY, AND 9
WOMEN BUSINESS AFFAIRS. 10
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 11
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE INVESTED. 12
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 13
THE FUND. 14
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 15
WITH THE STATE BUDGET . 16
Article – State Finance and Procurement 17
6–226. 18
(a) (2) (i) Notwithstanding any other provision of law, and unless 19
inconsistent with a federal law, grant agreement, or other federal requirement or with the 20
terms of a gift or settlement agreement, net interest on all State money allocated by the 21
State Treasurer under this section to special funds or accounts, and otherwise entitled to 22
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 23
Fund of the State. 24
(ii) The provisions of subparagraph (i) of this paragraph do not apply 25
to the following funds: 26
144. the Health Equity Resource Community Reserve Fund; 27
[and] 28
145. the Access to Counsel in Evictions Special Fund; 29
146. THE CANNABIS BUSINESS ASSISTANCE FUND; AND 30
147. THE CANNABIS PUBLIC HEALTH FUND. 31 8 HOUSE BILL 837
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Criminal Law 3
5–601. 4
(a) Except as otherwise provided in this title, a person may not: 5
(1) possess or administer to another a controlled dangerous substance, 6
unless obtained directly or by prescription or order from an authorized provider acting in 7
the course of professional practice; or 8
(2) obtain or attempt to obtain a controlled dangerous substance, or 9
procure or attempt to procure the administration of a controlled dangerous substance by: 10
(i) fraud, deceit, misrepresentation, or subterfuge; 11
(ii) the counterfeiting or alteration of a prescription or a written 12
order; 13
(iii) the concealment of a material fact; 14
(iv) the use of a false name or address; 15
(v) falsely assuming the title of or representing to be a 16
manufacturer, distributor, or authorized provider; or 17
(vi) making, issuing, or presenting a false or counterfeit prescription 18
or written order. 19
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 20
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 21
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 22
not exceeding $5,000 or both; 23
(ii) for a second or third conviction, imprisonment not exceeding 18 24
months or a fine not exceeding $5,000 or both; or 25
(iii) for a fourth or subsequent conviction, imprisonment not 26
exceeding 2 years or a fine not exceeding $5,000 or both. 27
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 28
person whose violation of this section involves the use or possession of [marijuana] 29 HOUSE BILL 837 9
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 1
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 2
(ii) 1. A [first] finding of guilt under this section involving the 3
use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF 4
CANNABIS is a civil offense punishable by a fine not exceeding $100. 5
2. A [second] finding of guilt under this section involving the 6
use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT 7
MORE THAN 2.5 OUNCES OF CANNABIS is a civil offense punishable by a fine not 8
exceeding $250. 9
3. [A third or subsequent finding of guilt under this section 10
involving the use or possession of less than 10 grams of marijuana is a civil offense 11
punishable by a fine not exceeding $500. 12
4.] A. In addition to a fine, a court shall order a person 13
under the age of 21 years who commits a violation punishable under subsubparagraph 1[, 14
2, or 3] OR 2 of this subparagraph to attend a drug education program approved by the 15
Maryland Department of Health, refer the person to an assessment for substance abuse 16
disorder, and refer the person to substance abuse treatment, if necessary. 17
B. [In addition to a fine, a court shall order a person at least 18
21 years old who commits a violation punishable under subsubparagraph 3 of this 19
subparagraph to attend a drug education program approved by the Maryland Department 20
of Health, refer the person to an assessment for substance abuse disorder, and refer the 21
person to substance abuse treatment, if necessary. 22
C.] A court that orders a person to a drug education program 23
or substance abuse assessment or treatment under this subsubparagraph may hold the 24
case sub curia pending receipt of proof of completion of the program, assessment, or 25
treatment. 26
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 27
marijuana a civil offense] may not be construed to affect the laws relating to: 28
(1) operating a vehicle or vessel while under the influence of or while 29
impaired by a controlled dangerous substance; or 30
(2) seizure and forfeiture. 31
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 32
as follows: 33
Article – Criminal Law 34
10 HOUSE BILL 837
5–601. 1
(a) Except as otherwise provided in this title, a person may not: 2
(1) possess or administer to another a controlled dangerous substance, 3
unless: 4
(I) obtained directly or by prescription or order from an authorized 5
provider acting in the course of professional practice; or 6
(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CANNABIS, 7
THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED IS 1.5 8
OUNCES OR LESS; OR 9
(2) obtain or attempt to obtain a controlled dangerous substance, or 10
procure or attempt to procure the administration of a controlled dangerous substance by: 11
(i) fraud, deceit, misrepresentation, or subterfuge; 12
(ii) the counterfeiting or alteration of a prescription or a written 13
order; 14
(iii) the concealment of a material fact; 15
(iv) the use of a false name or address; 16
(v) falsely assuming the title of or representing to be a 17
manufacturer, distributor, or authorized provider; or 18
(vi) making, issuing, or presenting a false or counterfeit prescription 19
or written order. 20
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 21
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 22
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 23
not exceeding $5,000 or both; 24
(ii) for a second or third conviction, imprisonment not exceeding 18 25
months or a fine not exceeding $5,000 or both; or 26
(iii) for a fourth or subsequent conviction, imprisonment not 27
exceeding 2 years or a fine not exceeding $5,000 or both. 28
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 29
person whose violation of this section involves the use or possession of [marijuana] 30 HOUSE BILL 837 11
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 1
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 2
(ii) 1. A [first] finding of guilt under this section involving the 3
use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF 4
CANNABIS BY A PERSON UNDER TH E AGE OF 21 YEARS is a civil offense punishable by 5
a fine not exceeding $100. 6
2. A [second] finding of guilt under this section involving the 7
use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT 8
MORE THAN 2.5 OUNCES OF CANNABIS is a civil offense punishable by a fine not 9
exceeding $250. 10
3. [A third or subsequent finding of guilt under this section 11
involving the use or possession of less than 10 grams of marijuana is a civil offense 12
punishable by a fine not exceeding $500. 13
4.] A. In addition to a fine, a court shall order a person 14
under the age of 21 years who commits a violation punishable under subsubparagraph 1[, 15
2, or 3] OR 2 of this subparagraph to attend a drug education program approved by the 16
Maryland Department of Health, refer the person to an assessment for substance abuse 17
disorder, and refer the person to substance abuse treatment, if necessary. 18
B. [In addition to a fine, a court shall order a person at least 19
21 years old who commits a violation punishable under subsubparagraph 3 of this 20
subparagraph to attend a drug education program approved by the Maryland Department 21
of Health, refer the person to an assessment for substance abuse disorder, and refer the 22
person to substance abuse treatment, if necessary. 23
C.] A court that orders a person to a drug education program 24
or substance abuse assessment or treatment under this subsubparagraph may hold the 25
case sub curia pending receipt of proof of completion of the program, assessment, or 26
treatment. 27
(4) [A violation of this section involving the] THE smoking of [marijuana] 28
CANNABIS in a public place is a civil offense punishable by a fine not exceeding $500. 29
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 30
marijuana a civil offense] may not be construed to affect the laws relating to: 31
(1) operating a vehicle or vessel while under the influence of or while 32
impaired by a controlled dangerous substance; or 33
(2) seizure and forfeiture. 34
12 HOUSE BILL 837
SECTION 5. AND BE IT FURTHER ENACTED, Tha t the Laws of Maryland read 1
as follows: 2
Article – Courts and Judicial Proceedings 3
3–8A–01. 4
(a) In this subtitle the following words have the meanings indicated, unless the 5
context of their use indicates otherwise. 6
(dd) “Violation” means a violation for which a citation is issued under: 7
(1) § 5–601 of the Criminal Law Article involving the use or possession of 8
[less than 10 grams of marijuana] CANNABIS; 9
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 10
(3) § 10–132 of the Criminal Law Article; 11
(4) § 10–136 of the Criminal Law Article; or 12
(5) § 26–103 of the Education Article. 13
3–8A–33. 14
(a) A law enforcement officer authorized to make arrests shall issue a citation to 15
a child if the officer has probable cause to believe that the child is violating: 16
(1) § 5–601 of the Criminal Law Article involving the use or possession of 17
[less than 10 grams of marijuana] CANNABIS; 18
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 19
(3) § 10–132 of the Criminal Law Article; 20
(4) § 10–136 of the Criminal Law Article; or 21
(5) § 26–103 of the Education Article. 22
Article – Criminal Law 23
5–101. 24
(a) In this title the following words have the meanings indicated. 25
[(r) (1) “Marijuana” means: 26
HOUSE BILL 837 13
(i) all parts of any plant of the genus Cannabis, whether or not the 1
plant is growing; 2
(ii) the seeds of the plant; 3
(iii) the resin extracted from the plant; and 4
(iv) each compound, manufactured product, salt, derivative, mixture, 5
or preparation of the plant, its seeds, or its resin. 6
(2) “Marijuana” does not include: 7
(i) the mature stalks of the plant; 8
(ii) fiber produced from the mature stalks; 9
(iii) oil or cake made from the seeds of the plant; 10
(iv) except for resin, any other compound, manufactured product, 11
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 12
(v) the sterilized seed of the plant that is incapable of germination; 13
or 14
(vi) hemp as defined in § 14–101 of the Agriculture Article.] 15
(R) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY 16
PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 17
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 18
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 19
DRY WEIGHT BASIS . 20
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 21
OF THE AGRICULTURE ARTICLE. 22
5–601.1. 23
(a) A police officer shall issue a citation to a person who the police officer has 24
probable cause to believe has committed a violation of § 5–601 of this part involving the use 25
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS. 26
(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 27
than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS is a civil offense. 28
(2) Adjudication of a violation under § 5–601 of this part involving the use 29
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS: 30 14 HOUSE BILL 837
(i) is not a criminal conviction for any purpose; and 1
(ii) does not impose any of the civil disabilities that may result from 2
a criminal conviction. 3
(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 4
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS 5
shall be signed by the police officer who issues the citation and shall contain: 6
(i) the name, address, and date of birth of the person charged; 7
(ii) the date and time that the violation occurred; 8
(iii) the location at which the violation occurred; 9
(iv) the fine that may be imposed; 10
(v) a notice stating that prepayment of the fine is allowed, except as 11
provided in paragraph (2) of this subsection; and 12
(vi) a notice in boldface type that states that the person shall: 13
1. pay the full amount of the preset fine; or 14
2. request a trial date at the date, time, and place established 15
by the District Court by writ or trial notice. 16
(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 17
use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF 18
CANNABIS is issued to a person under the age of 21 years, the court shall summon the 19
person for trial. 20
[(ii) If the court finds that a person at least 21 years old who has been 21
issued a citation under this section has at least twice previously been found guilty under § 22
5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 23
court shall summon the person for trial.] 24
(d) The form of the citation shall be uniform throughout the State and shall be 25
prescribed by the District Court. 26
(e) (1) The Chief Judge of the District Court shall establish a schedule for the 27
prepayment of the fine. 28
(2) Prepayment of a fine shall be considered a plea of guilty to a Code 29
violation. 30 HOUSE BILL 837 15
(3) A person described in subsection (c)(2) of this section may not prepay 1
the fine. 2
(f) (1) A person may request a trial by sending a request for trial to the District 3
Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 4
citation. 5
(2) If a person other than a person described in subsection (c)(2) of this 6
section does not request a trial or prepay the fine within 30 days of the issuance of the 7
citation, the court may impose the maximum fine and costs against the person and find the 8
person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 9
(g) The issuing jurisdiction shall forward a copy of the citation and a request for 10
trial to the District Court in the district having venue. 11
(h) (1) The failure of a defendant to respond to a summons described in 12
subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 13
Article. 14
(2) If a person at least 21 years old fails to appear after having requested 15
a trial, the court may impose the maximum fine and costs against the person and find the 16
person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 17
(i) In any proceeding for a Code violation under § 5–601 of this part involving the 18
use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF 19
CANNABIS: 20
(1) the State has the burden to prove the guilt of the defendant by a 21
preponderance of the evidence; 22
(2) the court shall apply the evidentiary standards as prescribed by law or 23
rule for the trial of a criminal case; 24
(3) the court shall ensure that the defendant has received a copy of the 25
charges against the defendant and that the defendant understands those charges; 26
(4) the defendant is entitled to cross–examine all witnesses who appear 27
against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 28
testify on the defendant’s own behalf, if the defendant chooses to do so; 29
(5) the defendant is entitled to be represented by counsel of the defendant’s 30
choice and at the expense of the defendant; and 31
(6) the defendant may enter a plea of guilty or not guilty, and the verdict 32
of the court in the case shall be: 33
16 HOUSE BILL 837
(i) guilty of a Code violation; 1
(ii) not guilty of a Code violation; or 2
(iii) probation before judgment, imposed by the court in the same 3
manner and to the same extent as is allowed by law in the trial of a criminal case. 4
(j) (1) The defendant is liable for the costs of the proceedings in the District 5
Court. 6
(2) The court costs in a Code violation case under § 5–601 of this part 7
involving the use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS 8
OF CANNABIS in which costs are imposed are $5. 9
(k) (1) The State’s Attorney for any county may prosecute a Code violation 10
under § 5–601 of this part involving the use or possession of [less than 10 grams of 11
marijuana] 2.5 OUNCES OR LESS OF CANNABIS in the same manner as prosecution of a 12
violation of the criminal laws of the State. 13
(2) In a Code violation case under § 5–601 of this part involving the use or 14
possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS, the 15
State’s Attorney may: 16
(i) enter a nolle prosequi or move to place the case on the stet docket; 17
and 18
(ii) exercise authority in the same manner as prescribed by law for 19
violation of the criminal laws of the State. 20
(l) A person issued a citation for a violation of § 5–601 of this part involving the 21
use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF 22
CANNABIS who is under the age of 18 years shall be subject to the procedures and 23
dispositions provided in Title 3, Subtitle 8A of the Courts Article. 24
(m) A citation for a violation of § 5–601 of this part involving the use or possession 25
of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS and the official 26
record of a court regarding the citation are not subject to public inspection and may not be 27
included on the public website maintained by the Maryland Judiciary if: 28
(1) the defendant has prepaid the fine; 29
(2) the defendant has pled guilty to or been found guilty of the Code 30
violation and has fully paid the fine and costs imposed for the violation; 31
(3) the defendant has received a probation before judgment and has fully 32
paid the fine and completed any terms imposed by the court; 33 HOUSE BILL 837 17
(4) the case has been removed from the stet docket after the defendant fully 1
paid the fine and completed any terms imposed by the court; 2
(5) the State has entered a nolle prosequi; 3
(6) the defendant has been found not guilty of the charge; or 4
(7) the charge has been dismissed. 5
5–602. 6
(A) Except as otherwise provided in this title, a person may not: 7
(1) distribute or dispense a controlled dangerous substance; or 8
(2) possess a controlled dangerous substance OTHER THAN CANNABIS in 9
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 10
dispense a controlled dangerous substance. 11
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY 12
NOT POSSESS CANNABIS IN SUFFICIENT QUANTI TY REASONABLY TO IND ICATE 13
UNDER ALL CIRCUMSTAN CES AN INTENT TO DIS TRIBUTE OR DISPENSE CANNABIS. 14
(2) POSSESSION OF 2.5 OUNCES OR LESS OF CANNABIS WITHOUT 15
OTHER EVIDENCE OF AN INTENT TO DISTRIBUTE OR DISPENSE DOES NOT 16
CONSTITUTE A VIOLATION OF PARAG RAPH (1) OF THIS SUBSECTION . 17
5–603. 18
(A) Except as otherwise provided in this title, a person may not manufacture a 19
controlled dangerous substance OTHER THAN CANNABIS, or manufacture, distribute, or 20
possess a machine, equipment, instrument, implement, device, or a combination of them 21
that is adapted to produce a controlled dangerous substance OTHER THAN CANNABIS 22
under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense 23
a controlled dangerous substance OTHER THAN CANNABIS in violation of this title. 24
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 25
CULTIVATE OR GROW CANNABIS OR MANUFACTURE A CANNABIS PRODUCT, OR 26
MANUFACTURE , DISTRIBUTE, OR POSSESS A MACHINE , EQUIPMENT, AN 27
INSTRUMENT , AN IMPLEMENT, A DEVICE, OR A COMBINATION OF THEM THAT IS 28
ADAPTED TO PRODUCE CANNABIS OR A CANNABIS PRODUCT UNDER 29
CIRCUMSTANCES THAT R EASONABLY INDICATE AN IN TENT TO USE IT TO PR ODUCE, 30
SELL, OR DISPENSE CANNABIS OR A CANNABIS PRODUCT IN VIOLATION OF THIS 31
TITLE. 32 18 HOUSE BILL 837
5–607. 1
(a) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND §§ 2
5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 3
5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not 4
exceeding 5 years or a fine not exceeding $15,000 or both. 5
(2) A PERSON WHO VIOLATES § 5–602(B)(1) OR § 5–603(B) OF THIS 6
SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO 7
IMPRISONMENT NOT EXC EEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR 8
BOTH. 9
(b) A person convicted under this section is not prohibited from participating in a 10
drug treatment program under § 8–507 of the Health – General Article because of the 11
length of the sentence. 12
Article – Criminal Procedure 13
4–101. 14
(c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any 15
other law allowing a crime to be charged by citation, a police officer shall charge by citation 16
for: 17
1. any misdemeanor or local ordinance violation that does 18
not carry a penalty of imprisonment; 19
2. any other misdemeanor or local ordinance violation not 20
involving serious injury or an immediate health risk for which the maximum penalty of 21
imprisonment is 90 days or less, except: 22
A. failure to comply with a peace order under § 3–1508 of the 23
Courts Article; 24
B. failure to comply with a protective order under § 4–509 of 25
the Family Law Article; 26
C. violation of a condition of pretrial or posttrial release 27
under § 5–213.1 of this article; 28
D. possession of an electronic control device after conviction 29
of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article; 30
E. violation of an out–of–state domestic violence order under 31
§ 4–508.1 of the Family Law Article; or 32 HOUSE BILL 837 19
F. abuse or neglect of an animal under § 10–604 of the 1
Criminal Law Article; or 2
3. possession of [marijuana] CANNABIS under § 5–601 of the 3
Criminal Law Article. 4
(ii) Subject to paragraph (2) of this subsection, in addition to any 5
other law allowing a crime to be charged by citation, a police officer may charge by citation 6
for: 7
1. sale of an alcoholic beverage to an underage drinker or 8
intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages 9
Article; 10
2. malicious destruction of property under § 6–301 of the 11
Criminal Law Article, if the amount of damage to the property is less than $500; 12
3. misdemeanor theft under § 7–104(g)(2) of the Criminal 13
Law Article; [or] 14
4. possession of a controlled dangerous substance other than 15
[marijuana] CANNABIS under § 5–601 of the Criminal Law Article; 16
5. POSSESSION WITH INTE NT TO DISTRIBUTE CANNABIS 17
UNDER § 5–602(B)(1) OF THE CRIMINAL LAW ARTICLE; OR 18
6. GROWING OR MANUFACTU RING CANNABIS OR A 19
CANNABIS PRODUCT UNDER § 5–603(B) OF THE CRIMINAL LAW ARTICLE. 20
(2) A police officer may charge a defendant by citation only if: 21
(i) the officer is satisfied with the defendant’s evidence of identity; 22
(ii) the officer reasonably believes that the defendant will comply 23
with the citation; 24
(iii) the officer reasonably believes that the failure to charge on a 25
statement of charges will not pose a threat to public safety; 26
(iv) the defendant is not subject to arrest: 27
1. for an alleged misdemeanor involving serious injury or 28
immediate health risk or an alleged felony arising out of the same incident; or 29
2. based on an outstanding arrest warrant; and 30 20 HOUSE BILL 837
(v) the defendant complies with all lawful orders by the officer. 1
(3) A police officer who has grounds to make a warrantless arrest for an 2
offense that may be charged by citation under this subsection may: 3
(i) issue a citation in lieu of making the arrest; or 4
(ii) make the arrest and subsequently issue a citation in lieu of 5
continued custody. 6
10–101. 7
(a) In this subtitle the following words have the meanings indicated. 8
(d) “Expunge” means to remove information from public inspection in accordance 9
with this subtitle. 10
(e) [“Expungement”] EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, 11
“EXPUNGEMENT ” with respect to a court record or a police record means removal from 12
public inspection: 13
(1) by obliteration; 14
(2) by removal to a separate secure area to which persons who do not have 15
a legitimate reason for access are denied access; or 16
(3) if access to a court record or police record can be obtained only by 17
reference to another court record or police record, by the expungement of it or the part of it 18
that provides access. 19
10–105. 20
(a) A person who has been charged with the commission of a crime, including a 21
violation of the Transportation Article for which a term of imprisonment may be imposed, 22
or who has been charged with a civil offense or infraction, except a juvenile offense, may 23
file a petition listing relevant facts for expungement of a police record, court record, or other 24
record maintained by the State or a political subdivision of the State if: 25
(12) the person was convicted of possession of [marijuana] CANNABIS under 26
§ 5–601 of the Criminal Law Article; or 27
(c) (8) A petition for expungement based on the conviction of a crime under 28
subsection (a)(12) of this section may not be filed [within 4 years after the conviction or] 29
BEFORE satisfactory completion of the sentence, including probation, that was imposed for 30
the conviction[, whichever is later]. 31 HOUSE BILL 837 21
10–105.3. 1
(A) A PERSON INCARCERATED AFTER HAVING BEEN CO NVICTED OF 2
POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE MAY 3
PRESENT AN APPLICATI ON FOR RESENTENCING TO THE COURT THAT SE NTENCED 4
THE PERSON. 5
(B) THE COURT SHALL GRANT THE APPLICATION AND RESE NTENCE THE 6
PERSON TO TIME SERVE D. 7
(C) IF THE PERSON IS NOT SERVING A CONCURRENT OR CONSECUTIVE 8
SENTENCE FOR ANOTHER CRIME, THE PERSON SHALL BE RELEASED FROM 9
INCARCERATION . 10
10–107. 11
(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic 12
violation OR POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW 13
ARTICLE, arise from the same incident, transaction, or set of facts, they are considered to 14
be a unit. 15
(2) A charge for a minor traffic violation OR POSSESSION OF CANNABIS 16
UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE that arises from the same incident, 17
transaction, or set of facts as a charge in the unit is not a part of the unit. 18
(b) (1) If a person is not entitled to expungement of one charge or conviction in 19
a unit, the person is not entitled to expungement of any other charge or conviction in the 20
unit. 21
(2) The disposition of a charge for a minor traffic violation that arises from 22
the same incident, transaction, or set of facts as a charge in the unit does not affect any 23
right to expungement of a charge or conviction in the unit. 24
10–110. 25
(a) A person may file a petition listing relevant facts for expungement of a police 26
record, court record, or other record maintained by the State or a political subdivision of 27
the State if the person is convicted of: 28
(1) a misdemeanor that is a violation of: 29
(i) § 6–320 of the Alcoholic Beverages Article; 30
22 HOUSE BILL 837
(ii) an offense listed in § 17–613(a) of the Business Occupations and 1
Professions Article; 2
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 3
the Business Regulation Article; 4
(iv) § 3–1508 or § 10–402 of the Courts Article; 5
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 6
Article; 7
(vi) § 5–211 of this article; 8
(vii) § 3–203 or § 3–808 of the Criminal Law Article; 9
(viii) § 5–601 not involving the use or possession of [marijuana] 10
CANNABIS, § 5–602(B), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 11
5–902 of the Criminal Law Article; 12
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 13
6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 14
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 15
Criminal Law Article; 16
(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 17
8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 18
(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 19
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 20
Criminal Law Article; 21
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 22
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 23
12–204, § 12–205, or § 12–302 of the Criminal Law Article; 24
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 25
(xvii) § 4–509 of the Family Law Article; 26
(xviii) § 18–215 of the Health – General Article; 27
(xix) § 4–411 or § 4–2005 of the Housing and Community Development 28
Article; 29
HOUSE BILL 837 23
(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 1
27–407.1, or § 27–407.2 of the Insurance Article; 2
(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 3
8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 4
limits for personal watercraft; 5
(xxii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 6
Safety Article; 7
(xxiii) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 8
(xxiv) § 9–124 of the State Government Article; 9
(xxv) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax – 10
General Article; 11
(xxvi) § 16–303 of the Transportation Article; or 12
(xxvii) the common law offenses of affray, rioting, criminal contempt, 13
battery, or hindering; 14
(2) a felony that is a violation of: 15
(i) § 7–104 of the Criminal Law Article; 16
(ii) the prohibition against possession with intent to distribute a 17
controlled dangerous substance under [§ 5–602(2)] § 5–602 of the Criminal Law Article; or 18
(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 19
(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 20
(1) or (2) of this subsection. 21
(c) (1) Except as provided in paragraphs (2) [and], (3), AND (4) of this 22
subsection, a petition for expungement under this section may not be filed earlier than 10 23
years after the person satisfies the sentence or sentences imposed for all convictions for 24
which expungement is requested, including parole, probation, or mandatory supervision. 25
(2) A petition for expungement for a violation of § 3–203 of the Criminal 26
Law Article, common law battery, or for an offense classified as a domestically related crime 27
under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 28
the sentence or sentences imposed for all convictions for which expungement is requested, 29
including parole, probation, or mandatory supervision. 30
(3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 31
SUBSECTION, A petition for expungement of a felony may not be filed earlier than 15 years 32 24 HOUSE BILL 837
after the person satisfies the sentence or sentences imposed for all convictions for which 1
expungement is requested, including parole, probation, or mandatory supervision. 2
(4) A PETITION FOR EXPUNGE MENT OF A CONVICTION OF 3
POSSESSION WITH INTE NT TO DISTRIBUTE CANNABIS UNDER § 5–602 OF THE 4
CRIMINAL LAW ARTICLE MAY NOT BE FILED EAR LIER THAN 4 YEARS AFTER THE 5
PERSON SATISFIES THE SENTENCE OR SENTENCES IMPOSED FOR ALL CONVICTIONS 6
FOR WHICH EXPUNGEMEN T IS REQUESTED , INCLUDING PAROLE , PROBATION, OR 7
MANDATORY SUPERVISIO N. 8
10–111. 9
The Maryland Judiciary Case Search may not in any way refer to the existence of a 10
[District Court] criminal case in which: 11
(1) possession of [marijuana] CANNABIS under § 5–601 of the Criminal 12
Law Article is the only charge in the case; and 13
(2) the charge was disposed of before [October 1, 2014] JULY 1, 2023. 14
10–112. 15
(A) IN THIS SECTION, “EXPUNGE” MEANS TO REMOVE ALL REFERENCES TO 16
A SPECIFIED CRIMINAL CASE FROM THE CENTRAL REPOSITORY. 17
(B) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT OF PUBLIC SAFETY 18
AND CORRECTIONAL SERVICES SHALL EXPUNG E ALL CASES IN WHICH : 19
(1) POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW 20
ARTICLE IS THE ONLY C HARGE IN THE CASE ; AND 21
(2) THE CHARGE WAS ISSUE D BEFORE JULY 1, 2023. 22
Article – Health – General 23
SUBTITLE 45. CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 24
13–4501. 25
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(B) “ADVISORY COUNCIL” MEANS THE CANNABIS PUBLIC HEALTH 28
ADVISORY COUNCIL. 29 HOUSE BILL 837 25
(C) “FUND” MEANS THE CANNABIS PUBLIC HEALTH FUND. 1
13–4502. 2
(A) THERE IS A CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 3
(B) THE ADVISORY COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 4
(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 5
(2) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 6
DEPUTY SECRETARY’S DESIGNEE; 7
(3) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S 8
DESIGNEE; 9
(4) THE EXECUTIVE DIRECTO R OF THE NATALIE M. LAPRADE 10
MEDICAL CANNABIS COMMISSION, OR THE EXECUTIVE DIR ECTOR’S DESIGNEE; 11
(5) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE STATE 12
SUPERINTENDENT ’S DESIGNEE; AND 13
(6) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR: 14
(I) ONE REPRESENTATIVE FROM THE GOVERNOR’S OFFICE OF 15
CRIME PREVENTION, YOUTH, AND VICTIM SERVICES; 16
(II) ONE REPRESENTATIVE FR OM A HISTORICALLY BL ACK 17
COLLEGE OR UNIVERSIT Y; 18
(III) ONE HEALTH CARE PROVI DER WITH EXPERIENCE IN 19
CANNABIS; 20
(IV) ONE PHARMACIST LICENSED IN THE STATE; 21
(V) ONE HEALTH CARE PROVI DER WITH EXPERTISE I N 22
SUBSTANCE USE DISORDER TREATMENT AND RECOVE RY; 23
(VI) ONE INDIVIDUAL WITH E XPERTISE IN CANNABIS USE 24
DISORDER; 25
26 HOUSE BILL 837
(VII) ONE ACADEMIC RESEARCH ER WITH EXPERTISE IN 1
CANNABIS LAW AND POLICY; 2
(VIII) ONE INDIVIDUAL WITH A T LEAST 5 YEARS OF EXPERIENCE 3
IN HEALTH OR SOCIAL EQUITY; 4
(IX) ONE PUBLIC HEALTH PRO FESSIONAL WITH CANNA BIS 5
EXPERIENCE; AND 6
(X) ONE REPRESENTATIVE OF A LABORATORY THAT TE STS 7
CANNABIS. 8
(C) (1) TO THE EXTENT PRACTICABLE AND CONS ISTENT WITH FEDERAL 9
AND STATE LAW, THE MEMBERSHIP OF TH E ADVISORY COUNCIL SHALL REFLECT 10
THE GENDER, ETHNIC, AND RACIAL DIVERSITY OF THE STATE. 11
(2) THE MEMBERSHIP OF THE ADVISORY COUNCIL SHALL INCLUDE 12
RESIDENTS OF RURAL A ND URBAN REGI ONS OF THE STATE. 13
(D) A MEMBER OF THE ADVISORY COUNCIL SHALL FILE A FINANCIAL 14
DISCLOSURE STATEMENT WITH THE STATE ETHICS COMMISSION IN ACCORDA NCE 15
WITH TITLE 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE. 16
(E) (1) THE TERM OF AN APPOIN TED MEMBER IS 4 YEARS. 17
(2) THE TERMS OF THE APPOINTED MEM BERS ARE STAGGERED A S 18
REQUIRED BY THE TERM S PROVIDED FOR THE A PPOINTED MEMBERS OF THE 19
ADVISORY COUNCIL ON JANUARY 1, 2023. 20
(3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO 21
SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFI ES. 22
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 23
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 24
QUALIFIES. 25
(5) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN TWO 26
CONSECUTIVE FULL TER MS. 27
13–4503. 28
(A) THE CHAIR OF THE ADVISORY COUNCIL SHALL BE ELEC TED BY THE 29
MEMBERS OF THE ADVISORY COUNCIL. 30 HOUSE BILL 837 27
(B) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE ADVISORY 1
COUNCIL IS A QUORUM . 2
(C) THE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES EAC H 3
YEAR, AT THE TIMES AND PLACES THA T THE ADVISORY COUNCIL DETERMINES . 4
(D) THE ADVISORY COUNCIL MAY FORM WORK GROUPS TO ASSIST IN THE 5
WORK OF THE ADVISORY COUNCIL. 6
(E) A MEMBER OF THE ADVISORY COUNCIL: 7
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 8
ADVISORY COUNCIL; BUT 9
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 10
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 11
(F) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT AN D TECHNICAL 12
ASSISTANCE FOR THE ADVISORY COUNCIL. 13
13–4504. 14
(A) THE ADVISORY COUNCIL SHALL STUDY A ND MAKE RECOMMENDATI ONS 15
REGARDING: 16
(1) THE PROMOTION OF PUBL IC HEALTH AND MITIGA TION OF YOUTH 17
USE OF, MISUSE OF, AND ADDICTION TO CAN NABIS; 18
(2) DATA COLLECTION AND R EPORTING OF DATA THA T MEASURES 19
THE IMPACT OF CANNAB IS CONSUMPTION AND L EGALIZATION; 20
(3) THE IMPACT OF CANNABI S LEGALIZATION ON TH E EDUCATION , 21
BEHAVIORAL HEALTH , AND SOMATIC HEALTH O F INDIVIDUALS UNDER THE AGE OF 22
21 YEARS; 23
(4) INITIATIVES TO PREVEN T CANNABIS USE BY INDIVIDUALS UNDER 24
THE AGE OF 21 YEARS, INCLUDING EDUCATIONA L PROGRAMS FOR USE I N SCHOOLS; 25
(5) PUBLIC HEALTH CAMPAIG NS ON CANNABIS ; 26
(6) ADVERTISING, LABELING, PRODUCT TESTING , AND QUALITY 27
CONTROL REQUIREMENTS ; 28 28 HOUSE BILL 837
(7) TRAINING FOR HEALTH C ARE PROVIDERS RELATE D TO CANNABIS 1
USE; AND 2
(8) ANY OTHER ISSUES THAT ADVANCE PUBLIC HEALT H RELATED TO 3
CANNABIS USE AND LEG ALIZATION. 4
(B) TO THE EXTENT PRACTIC ABLE, THE ADVISORY COUNCIL SHALL 5
CONSIDER ANY DATA CO LLECTED BY THE STATE RELATED TO CANN ABIS USE WHEN 6
MAKING RECOMMENDATIO NS, INCLUDING DA TA COLLECTED UNDER § 13–4401 OF 7
THIS TITLE. 8
13–4505. 9
(A) THERE IS A CANNABIS PUBLIC HEALTH FUND. 10
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO ADDRESS THE 11
HEALTH EFFECTS ASSOC IATED WITH THE LEGAL IZATION OF ADULT –USE CANNABIS. 12
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 13
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 14
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 15
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 16
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 17
(E) THE FUND CONSISTS OF : 18
(1) REVENUE DISTRIBUTED T O THE FUND BASED ON REVENUE S 19
FROM ADULT –USE CANNABIS; 20
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 21
AND 22
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 23
THE BENEFIT OF THE FUND. 24
(F) THE FUND MAY BE USED ONLY FOR: 25
(1) SUPPORTING THE ADVISORY COUNCIL IN PERFORMING ITS 26
DUTIES; 27
HOUSE BILL 837 29
(2) SUPPORTING DATA COLLE CTION AND RESEARCH O N THE 1
EFFECTS OF CANNABIS LEGALIZATION IN THE STATE; 2
(3) PROVIDING FUNDING FOR EDUCATION AND PUBLIC AW ARENESS 3
CAMPAIGNS RELATED TO CANNABIS USE, INCLUDING FUNDING FO R EDUCATIONAL 4
PROGRAMS TO BE USED IN SCHOOLS; 5
(4) SUPPORTING SUBSTANCE USE DISORDER COUNSELING AND 6
TREATMENT FOR INDIVI DUALS; AND 7
(5) TRAINING FOR LAW ENFO RCEMENT TO R ECOGNIZE IMPAIRMENTS 8
DUE TO CANNABIS. 9
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12
THE FUND. 13
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14
WITH THE STATE BUDGET . 15
13–4506. 16
ON OR BEFORE DECEMBER 1 EACH YEAR, THE ADVISORY COUNCIL SHALL 17
REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN 18
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 19
ASSEMBLY. 20
24–501. 21
(a) In this subtitle the following words have the meanings indicated. 22
(B) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF 23
THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , ISOMERS, 24
ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH A 25
DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 26
DRY WEIGHT BASIS . 27
[(b)] (C) “Employee” has the meaning stated in § 5–101 of the Labor and 28
Employment Article. 29
[(c)] (D) “Employer” has the meaning stated in § 5–101 of the Labor and 30
Employment Article. 31 30 HOUSE BILL 837
[(d)] (E) “Environmental [tobacco] smoke” means the complex mixture formed 1
from the escaping smoke of a burning tobacco, CANNABIS, OR HEMP product or smoke 2
exhaled by the smoker. 3
[(e)] (F) “Indoor area open to the public” means: 4
(1) An indoor area or a portion of an indoor area accessible to the public by 5
either invitation or permission; or 6
(2) An indoor area of any establishment licensed or permitted under the 7
Alcoholic Beverages Article for the sale or possession of alcoholic beverages. 8
[(f)] (G) “Place of employment” has the meaning stated in § 5–101 of the Labor 9
and Employment Article. 10
[(g)] (H) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 11
other matter or substance [that contains tobacco] CONTAINING, WHOLLY OR IN PART , 12
TOBACCO, CANNABIS, OR HEMP. 13
24–502. 14
It is the intent of the General Assembly that the State protect the public and 15
employees from involuntary exposure to environmental [tobacco] smoke in indoor areas 16
open to the public, indoor places of employment, and certain designated private areas. 17
24–503. 18
The purpose of this subtitle is to preserve and improve the health, comfort, and 19
environment of the people of the State by limiting exposure to environmental [tobacco] 20
smoke. 21
24–504. 22
Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 23
person may not smoke in: 24
(1) An indoor area open to the public; 25
(2) An indoor place in which meetings are open to the public in accordance 26
with Title 3 of the General Provisions Article; 27
(3) A government–owned or government–operated means of mass 28
transportation including buses, vans, trains, taxicabs, and limousines; or 29
(4) An indoor place of employment. 30 HOUSE BILL 837 31
24–505. 1
This subtitle does not apply to: 2
(1) Private homes, residences, including residences used as a business or 3
place of employment, unless being used by a person who is licensed or registered under 4
Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 5
unless being used for the public transportation of children, or as part of health care or child 6
care transportation; 7
(2) A hotel or motel room rented to one or more guests as long as the total 8
percent of hotel or motel rooms being so used does not exceed 25%; 9
(3) A retail tobacco business that is a sole proprietorship, limited liability 10
company, corporation, partnership, or other enterprise, in which: 11
(i) The primary activity is the retail sale of tobacco products and 12
accessories; and 13
(ii) The sale of other products is incidental; 14
(4) Any facility of a manufacturer, importer, wholesaler, or distributor of 15
tobacco products or of any tobacco leaf dealer or processor in which employees of the 16
manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 17
(5) A research or educational laboratory for the purpose of conducting 18
scientific research into the health effects of tobacco smoke. 19
24–507. 20
(a) The Department shall adopt regulations that prohibit environmental 21
[tobacco] smoke in indoor areas open to the public. 22
(b) On or before September 30 of each year, the Department shall report, in 23
accordance with § 2–1257 of the State Government Article, to the General Assembly on: 24
(1) The enforcement efforts of the Department to eliminate environmental 25
[tobacco] smoke in indoor areas open to the public during the prior year; and 26
(2) The results of these enforcement efforts. 27
24–508. 28
(a) Subject to subsection (c) of this section and except as provided in subsection 29
(d) of this section, a person who violates a provision of this subtitle or a regulation adopted 30
under § 24–507(a) of this subtitle: 31 32 HOUSE BILL 837
(1) For a first violation, shall be issued a written reprimand by the 1
Secretary or the Secretary’s designee; 2
(2) For a second violation, is subject to a civil penalty of $100; and 3
(3) For each subsequent violation, is subject to a civil penalty not less than 4
$250. 5
(b) The Secretary may waive a penalty established under subsection (a) of this 6
section, giving consideration to factors that include: 7
(1) The seriousness of the violation; and 8
(2) Any demonstrated good faith measures to comply with the provisions of 9
this subtitle. 10
(c) (1) This subsection does not apply to an alleged violation of subsection (d) 11
of this section. 12
(2) It is an affirmative defense to a complaint brought against a person for 13
a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 14
person or an employee of the person: 15
(i) Posted a “No Smoking” sign as required under § 24–506 of this 16
subtitle; 17
(ii) Removed all ashtrays and other smoking paraphernalia from all 18
areas where smoking is prohibited; and 19
(iii) If the violation occurred in a bar, tavern, or restaurant: 20
1. Refused to seat or serve any individual who was smoking 21
in a prohibited area; and 22
2. If the individual continued to smoke after an initial 23
warning, asked the individual to leave the establishment. 24
(d) An employer who discharges or discriminates against an employee because 25
that employee has made a complaint, has given information to the Department in 26
accordance with this subtitle, has caused to be instituted or is about to cause to be instituted 27
a proceeding under this subtitle, or has testified or is about to testify in a proceeding under 28
this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil 29
penalty of at least $2,000 but not more than $10,000 for each violation. 30
(e) (1) An employee may not: 31
HOUSE BILL 837 33
(i) Make a groundless or malicious complaint under this subtitle to 1
the Secretary or an authorized representative of the Secretary; 2
(ii) In bad faith, bring an action under this subtitle; or 3
(iii) In bad faith, testify in an action under this subtitle or a 4
proceeding that relates to the subject of this subtitle. 5
(2) The Secretary may bring an action for injunctive relief and damages 6
against a person who violates the provisions of paragraph (1) of this subsection. 7
(f) A penalty collected by the Secretary under this section shall be paid to the 8
Cigarette Restitution Fund established under § 7–317 of the State Finance and 9
Procurement Article. 10
24–510. 11
Nothing in this subtitle shall be construed to preempt a county or municipal 12
government from enacting and enforcing more stringent measures to reduce involuntary 13
exposure to environmental [tobacco] smoke. 14
SECTION 6. AND BE IT FURTHER ENACTED, That the terms of the initial 15
appointed members of the Cannabis Public Health Advisory Council shall expire as follows: 16
(1) three members in 2025; 17
(2) three members in 2026; and 18
(3) four members in 2027. 19
SECTION 7. AND BE IT FURTHER ENACTED, That: 20
(a) The certification agency designated by the Board of Public Works under § 21
14–303(b) of the State Finance and Procurement Article, in consultation with the 22
Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, 23
and the Office of the Attorney General, shall review the Business Disparities in the 24
Maryland Market Area study completed on February 8, 2017, the Analysis of the Maryland 25
Medical Cannabis Industry report completed on December 8, 2017, and the analysis of the 26
industry report completed on January 17, 2018, to evaluate whether the data and analyses 27
in the study and reports are sufficient to determine whether the enactment of remedial 28
measures to assist minorities and women in the adult–use cannabis industry and market 29
would comply with the requirements of City of Richmond v. J. A. Croson Co., 488 U.S. 469, 30
and any subsequent federal or constitutional requirements. 31
(b) (1) If a determination is made that the data and analyses in the study and 32
reports reviewed under subsection (a) of this section are sufficient to determine whether 33
the enactment of remedial measures to assist minorities and women in the adult–use 34 34 HOUSE BILL 837
cannabis industry and market would comply with the requirements of the Croson decision 1
and any subsequent federal or constitutional requirements, the certification agency shall 2
submit the findings of the review to the Legislative Policy Committee, in accordance with 3
§ 2–1257 of the State Government Article, on or before July 1, 2022, so that the General 4
Assembly may review the findings before the 2023 legislative session. 5
(2) (i) If a determination is made that the data and analyses in the 6
study and reports reviewed under subsection (a) of this section are insufficient to determine 7
whether the enactment of remedial measures to assist minorities and women in the 8
adult–use cannabis industry and market would comply with the requirements of the Croson 9
decision and any subsequent federal or constitutional requirements, the certification 10
agency, in consultation with the Governor’s Office of Small, Minority, and Women Business 11
Affairs, the General Assembly, and the Office of the Attorney General, shall initiate a study 12
of the cannabis industry to evaluate whether the enactment of remedial measures to assist 13
minorities and women in the adult–use cannabis industry and market would comply with 14
the requirements of the Croson decision and any subsequent federal or constitutional 15
requirements. 16
(ii) The certification agency shall submit the findings of the study 17
initiated in accordance with subparagraph (i) of this paragraph to the Legislative Policy 18
Committee, in accordance with § 2–1257 of the State Government Article, on or before 19
November 1, 2022, so that the General Assembly may review the findings before the 2023 20
legislative session. 21
(c) (1) The Natalie M. LaPrade Medical Cannabis Commission shall require 22
licensed growers, processors, and dispensaries and preapproved applicants for licensure 23
under Title 13, Subtitle 33 of the Health – General Article to provide to the Commission 24
any information determined to be necessary to continue to assess the need for remedial 25
measures in the cannabis industry and market that may include the following data broken 26
down by State fiscal year for the period beginning July 1, 2016, and ending June 30, 2022: 27
(i) a list of the licensee’s or applicant’s expenditures for each State 28
fiscal year; and 29
(ii) for each expenditure, a description of the work performed, the 30
dollar value of the expenditure, whether the work was performed by the licensee or a 31
contractor or subcontractor, and, if performed by a contractor or subcontractor, the name 32
of the entity that performed the work. 33
(2) Each licensed grower, processor, and dispensary and preapproved 34
applicant for licensure under Title 13, Subtitle 33 of the Health – General Article shall 35
provide the data requested under paragraph (1) of this subsection to the Commission on or 36
before July 1, 2022. 37
(3) The Commission shall provide the data collected under paragraph (1) 38
of this subsection to the certification agency on or before July 15, 2022. 39
HOUSE BILL 837 35
(4) All data provided by each licensed grower, processor, and dispensary 1
and preapproved applicant for licensure under Title 13, Subtitle 33 of the Health – General 2
Article under this subsection: 3
(i) shall constitute confidential commercial information and 4
confidential financial information and be treated as confidential by the Commission and 5
the State; and 6
(ii) may be used only for purposes authorized under this section and 7
be disclosed to the public only in an anonymized or aggregated format. 8
(d) The Governor’s Office of Small, Minority, and Women Business Affairs, in 9
consultation with the certification agency and the Office of the Attorney General, shall 10
develop race– and gender–neutral approaches to address the needs of minority and women 11
applicants and minority– and women–owned businesses seeking to participate in the 12
adult–use cannabis industry and submit a report of its findings to the Legislative Policy 13
Committee, in accordance with § 2–1257 of the State Government Article, on or before 14
October 15, 2022, so that the General Assembly may review, consider, and adopt race– and 15
gender–neutral alternatives in any legislation adopted concerning the adult–use cannabis 16
industry. 17
SECTION 8. AND BE IT FURTHER ENACTED, That: 18
(a) The Natalie M. LaPrade Medical Cannabis Commission shall study and make 19
recommendations on a home grow program to authorize qualifying patients to grow 20
cannabis plants for personal use, including best practices implemented in other states. 21
(b) On or before November 1, 2022, the Natalie M. LaPrade Medical Cannabis 22
Commission shall report its findings and recommendations for the program to the Governor 23
and, in accordance with § 2–1257 of the State Government Article, the Senate Finance 24
Committee, the Senate Judicial Proceedings Committee, the House Judiciary Committee, 25
and the House Health and Government Operations Committee. 26
SECTION 9. AND BE IT FURTHER ENACTED, That the publishers of the 27
Annotated Code of Maryland, in consultation with and subject to the approval of the 28
Department of Legislative Services, shall correct, with no further action required by the 29
General Assembly, cross–references and terminology rendered incorrect by this Act. 30
References to the term “marijuana” shall be replaced with references to the term 31
“cannabis”. The publishers shall adequately describe any correction that is made in an 32
editor’s note following the section affected. 33
SECTION 10. AND BE IT FURTHER ENACTED, That Sections 2, 3, 4, 5, and 6 of 34
this Act are contingent on the passage of Chapter ___ (H.B. 1) of the Acts of the General 35
Assembly of 2022, a constitutional amendment, and its ratification by the voters of the 36
State. 37
36 HOUSE BILL 837
SECTION 11. AND BE IT FURTHER ENACTED, That , subject to the provisions of 1
Section 10 of this Act, Section 3 of this Act shall take effect January 1, 2023. Section 3 of 2
this Act shall remain effective for a period of 6 months and, at the end of June 30, 2023, 3
Section 3 of this Act, with no further action required by the General Assembly, shall be 4
abrogated and of no further force and effect. 5
SECTION 12. AND BE IT FURTHER ENACTED, That, subject to the provisions of 6
Section 10 of this Act, Section 4 of this Act shall take effect July 1, 2023. 7
SECTION 13. AND BE IT FURTHER ENACTED, That, subject to the provisions of 8
Section 10 of this Act, Sections 2, 5, and 6 of this Act shall take effect January 1, 2023. 9
SECTION 14. AND BE IT FURTHER ENACTED, That, except as provided in 10
Sections 11, 12, and 13 of this Act, this Act shall take effect June 1, 2022. 11