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.
*hb0837*
HOUSE BILL 837
E1, E2, J1 (2lr1616)
ENROLLED BILL
— Judiciary/Finance and Budget and Taxation —
Introduced by Delegate Clippinger
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 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; establishing the Community 12
Reinvestment and Repair Fund; adding the smoking of cannabis and hemp to certain 13
provisions of law prohibiting smoking in certain indoor areas; allowing a subtraction 14
modification under the Maryland income tax for certain expenses paid or incurred 15 2 HOUSE BILL 837
during the taxable year in carrying on a trade or business as a certain medical 1
cannabis grower, processor, dispensary, or independent testing laboratory; and 2
generally relating to cannabis. 3
BY adding to 4
Article – Health – General 5
Section 13–4401 to be under the new subtitle “Subtitle 44. Cannabis Use Baseline 6
Study”; and 13–4501 through 13–4506 to be under the new subtitle “Subtitle 7
45. Cannabis Public Health Advisory Council”; and 13–4601 to be under the 8
new subtitle “Subtitle 46. Community Reinvestment and Repair Fund” 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Tax – General 13
Section 10–208(a) and 10–308(a) 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Tax – General 18
Section 10–208(bb) 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Tax – General 23
Section 10–308(b) 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2021 Supplement) 26
BY adding to 27
Article – Economic Development 28
Section 5–1901 to be under the new subtitle “Subtitle 19. Cannabis Business 29
Assistance Fund” 30
Annotated Code of Maryland 31
(2018 Replacement Volume and 2021 Supplement) 32
BY repealing and reenacting, without amendments, 33
Article – State Finance and Procurement 34
Section 6–226(a)(2)(i) 35
Annotated Code of Maryland 36
(2021 Replacement Volume) 37
BY repealing and reenacting, with amendments, 38
Article – State Finance and Procurement 39
Section 6–226(a)(2)(ii)144. and 145. 40 HOUSE BILL 837 3
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
BY adding to 3
Article – State Finance and Procurement 4
Section 6–226(a)(2)(ii)146. and 147. through 148. 5
Annotated Code of Maryland 6
(2021 Replacement Volume) 7
BY repealing and reenacting, without amendments, 8
Article – Criminal Law 9
Section 5–101(a) and 5–601(a) and (c)(1) 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(p) and (s) through (u), 5–601(a), (c)(2) and (4), and (d), 5–601.1, 5–602, 15
5–603, and 5–607 5–607, 5–619(c), and 5–620 5–620, 10–123, and 10–125 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2021 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Courts and Judicial Proceedings 20
Section 3–8A–01(a) 21
Annotated Code of Maryland 22
(2020 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Courts and Judicial Proceedings 25
Section 3–8A–01(dd) and 3–8A–33(a) 26
Annotated Code of Maryland 27
(2020 Replacement Volume and 2021 Supplement) 28
BY repealing 29
Article – Criminal Law 30
Section 5–101(r) 31
Annotated Code of Maryland 32
(2021 Replacement Volume and 2021 Supplement) 33
BY adding to 34
Article – Criminal Law 35
Section 5–101(r) 5–101(e–1), (e–2), and (u), 5–601.2, and 5–602(c) 36
Annotated Code of Maryland 37
(2021 Replacement Volume and 2021 Supplement) 38
BY repealing and reenacting, with amendments, 39 4 HOUSE BILL 837
Article – Criminal Procedure 1
Section 4–101(c), 10–101(e), 10–105(a)(12) and (c)(8), 10–107, 10–110(a) and (c), and 2
10–111 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Criminal Procedure 7
Section 10–101(a) and (d) 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Criminal Procedure 12
Section 10–105.3 and 10–112 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 24–501 through 24–503, 24–507, and 24–510 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Health – General 22
Section 24–504, 24–505, and 24–508 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Criminal Law 27
Section 5–101(e–2) and (u) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2021 Supplement) 30
(As enacted by Section 4 of this Act) 31
BY repealing 32
Article – Criminal Law 33
Section 5–601.2 34
Annotated Code of Maryland 35
(2021 Replacement Volume and 2021 Supplement) 36
(As enacted by Section 4 of this Act) 37
BY repealing and reenacting, with amendments, 38
Article – Transportation 39
Section 21–903 40 HOUSE BILL 837 5
Annotated Code of Maryland 1
(2020 Replacement Volume and 2021 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Health – General 5
SUBTITLE 44. CANNABIS USE BASELINE STUDY. 6
13–4401. 7
(A) THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, IN 8
CONSULTATION WITH TH E DEPARTMENT , THE BEHAVIORAL HEALTH 9
ADMINISTRATION , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 10
VICTIM SERVICES, THE MARYLAND POISON CENTER, THE STATE’S DESIGNATED 11
HEALTH INFORMATION EXCHANGE, AND THE MARYLAND HOSPITAL ASSOCIATION, 12
SHALL CONDUCT , OR CONTRACT WITH AN INSTITUTION OF HIGHE R EDUCATION OR 13
A PRIVATE RESEARCH E NTITY TO CONDUCT , A COMPREHENSIVE BASE LINE STUDY 14
OF CANNABIS USE IN T HE STATE THAT INCLUDES A SURVEY OF: 15
(1) PATTERNS OF USE, INCLUDING FREQUENCY OF USE AND DOSING , 16
METHODS OF CONSUMPTI ON, AND GENERAL PERCEPTI ONS OF CANNABIS AMON G: 17
(I) INDIVIDUALS UNDER THE AGE OF 21 18 YEARS; 18
(II) INDIVIDUALS AT LEAST 18 YEARS OLD AND UNDER THE AGE 19
OF 21 YEARS; 20
(II) (III) INDIVIDUALS AT LEAST 21 YEARS OLD AND UNDER 21
THE AGE OF 55 YEARS; 22
(III) (IV) INDIVIDUALS AT LEAST 55 YEARS OLD; 23
(IV) (V) PREGNANT WOMEN ; AND 24
(V) (VI) BREASTFEEDING WOMEN ; 25
(2) INCIDENTS OF IMPAIRED DRIVING, INCLUDING ARRESTS , 26
ACCIDENTS, AND FATALITIES, RELATED TO CANNABIS USE; 27
(3) HOSPITALIZATIONS RELA TED TO CANNABIS USE ; 28
6 HOUSE BILL 837
(4) CALLS TO POISON CONTR OL CENTERS RELATED T O CANNABIS 1
USE, INCLUDING DATA ON CA LLS RELATED TO INDIV IDUALS UNDER THE AGE OF 21 2
YEARS; AND 3
(5) DIAGNOSES OF CANNABIS USE DISORDER AND PRO BLEM 4
CANNABIS USE. 5
(B) ON OR BEFORE JANUARY MARCH 1, 2023, THE NATALIE M. LAPRADE 6
MEDICAL CANNABIS COMMISSION SHALL SUBM IT A REPORT OF THE F INDINGS OF 7
THE BASELINE STUDY C ONDUCTED UNDER SUBSE CTION (A) OF THIS SECTION TO 8
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 9
ARTICLE, THE SENATE FINANCE COMMITTEE, THE SENATE JUDICIAL 10
PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE 11
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 12
(C) ON OR BEFORE JANUARY MARCH 1, 2025, AND EVERY OTHER YEAR 13
THEREAFTER , THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION 14
SHALL: 15
(1) SURVEY THE SAME FACTO RS THAT ARE SET FORT H IN 16
SUBSECTION (A) OF THIS SECTION; 17
(2) USE THE SAME METHODOL OGY OR MODEL T HAT IS USED TO 18
CONDUCT THE SURVEY R EQUIRED UNDER SUBSEC TION (A) OF THIS SECTION; AND 19
(3) SUBMIT A REPORT OF TH E FINDINGS OF THE SU RVEY REQUIRED 20
UNDER THIS SUBSECTIO N TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 21
OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE, THE 22
SENATE JUDICIAL PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY 23
COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 24
COMMITTEE. 25
Article – Tax – General 26
10–208. 27
(a) In addition to the modification under § 10–207 of this subtitle, the amounts 28
under this section are subtracted from the federal adjusted gross income of a resident to 29
determine Maryland adjusted gross income. 30
(BB) (1) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS SECTION 31
INCLUDES THE AMOUNT OF ORDINARY AND NE CESSARY EXPENSES PAI D OR 32
INCURRED DURING THE TAXABLE YEAR IN CARR YING ON A TRADE OR A BUSINESS AS 33
A MEDICAL CANNABIS G ROWER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S 34 HOUSE BILL 837 7
ESTABLISHMENT LICENS ED BY THE STATE, IF THE DEDUCTION FOR ORDINARY AND 1
NECESSARY EXPEN SES IS DISALLOWED UN DER § 280E OF THE INTERNAL REVENUE 2
CODE. 3
(2) THE SUBTRACTION ALLOW ED UNDER PARAGRAPH (1) OF THIS 4
SUBSECTION INCLUDES A REASONABLE ALLOWAN CE FOR SALARIES OR O THER 5
COMPENSATION FOR PER SONAL SERVICES ACTUA LLY RENDERED DURING THE 6
TAXABLE YEAR. 7
(3) THE SUBTRACTION ALLOW ED UNDER THIS SUBSEC TION IS 8
APPLICABLE TO ALL TA XABLE YEARS BEGINNIN G AFTER DECEMBER 31, 2021. 9
10–308. 10
(a) In addition to the modification under § 10–307 of this subtitle, the amounts 11
under this section are subtracted from the federal taxable income of a corporation to 12
determine Maryland modified income. 13
(b) The subtraction under subsection (a) of this section includes the amounts 14
allowed to be subtracted for an individual under: 15
(1) § 10–208(d) of this title (Enhanced agricultural management equipment 16
expenses); 17
(2) § 10–208(i) of this title (Reforestation or timber stand expenses); 18
(3) § 10–208(k) of this title (Wage expenses for targeted jobs); 19
(4) § 10–208(p) of this title (Elevator handrails in health care facilities); 20
[and] 21
(5) § 10–208(z) of this title (Donations to diaper banks and other charitable 22
entities); AND 23
(6) § 10–208(BB) OF THIS TITLE (TRADE OR BUSINESS EXP ENSES OF 24
MEDICAL CANNABIS GRO WER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S 25
ESTABLISHMENT ). 26
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
as follows: 28
Article – Economic Development 29
SUBTITLE 19. CANNABIS BUSINESS ASSISTANCE FUND. 30
8 HOUSE BILL 837
5–1901. 1
(A) IN THIS SECTION , “FUND” MEANS THE CANNABIS BUSINESS 2
ASSISTANCE FUND. 3
(B) THERE IS A CANNABIS BUSINESS ASSISTANCE FUND. 4
(C) THE PURPOSE OF THE FUND IS TO ASSIST SMA LL, MINORITY–OWNED, 5
AND WOMEN –OWNED BUSINESSES ENT ERING THE ADULT –USE CANNABIS INDUSTR Y. 6
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 7
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 8
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 10
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 11
(F) THE FUND CONSISTS O F: 12
(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 13
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 14
THE BENEFIT OF THE FUND. 15
(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND 16
MAY BE USED ONLY FOR : 17
(I) GRANTS OR LOA NS TO SMALL , MINORITY–OWNED, OR 18
WOMEN–OWNED BUSINESSES FOR : 19
1. LICENSE APPLICATION ASSISTANCE FOR 20
PARTICIPATION IN THE ADULT–USE CANNABIS INDUSTR Y; 21
2. ASSISTANCE WITH THE OPERATING OR CAPITAL 22
EXPENSES OF A BUSINE SS PARTICIPATING IN THE ADULT–USE CANNABIS INDUSTRY ; 23
OR 24
3. TARGETED TRAINING TO SUPPORT PARTICIPATIO N IN 25
THE ADULT–USE CANNABIS INDUSTR Y; AND 26
(II) GRANTS TO HISTORICAL LY BLACK COLLEGES AN D 27
UNIVERSITIES FOR CAN NABIS–RELATED PROGRAMS AND BUSINESS DEVELOPMENT 28
ORGANIZATIONS , INCLUDING INCUBATORS , TO TRAIN AND ASSIST SMALL, 29 HOUSE BILL 837 9
MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS SEEKING TO 1
BECOME LICENSED T O PARTICIPATE IN THE ADULT–USE CANNABIS INDUSTR Y. 2
(2) THE DEPARTMENT : 3
(I) SHALL PRIORITIZE AWA RDING GRANTS AND LOA NS IN 4
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION T O: 5
1. POPULATIONS THAT HAV E BEEN HISTORICALLY 6
DISPROPORTIONATELY I MPACTED BY THE ENFOR CEMENT OF LAWS CRIMI NALIZING 7
THE USE OF CANNABIS ; AND 8
(II) MAY AWARD GRANTS OR LOANS TO 9
2. INDIVIDUALS WHO HAVE BEEN CONVICTED OF A 10
VIOLATION OF A LAW C RIMINALIZING THE USE OF CANNABIS ; AND 11
(III) (II) MAY NOT AWARD GRANTS OR LOANS TO SMALL , 12
MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS WITH HIGH A 13
PERSONAL NET WORTH EXCEEDING $1,700,000. 14
(3) IN ORDER TO AWARD GRA NTS AND LOANS IN ACC ORDANCE WITH 15
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL DEVE LOP 16
PARTNERSHIPS WITH : 17
(I) TRADITIONAL MINORITY –SERVING INSTITUTIONS IN THE 18
STATE AND SURROUNDING JURISDICTIONS, INCLUDING HISTORICAL LY BLACK 19
COLLEGES AND UNIVERS ITIES; 20
(II) TRADE ASSOCIATI ONS REPRESENTING MIN ORITY AND 21
WOMEN–OWNED BUSINESSES ; AND 22
(III) THE GOVERNOR’S OFFICE OF SMALL, MINORITY, AND 23
WOMEN BUSINESS AFFAIRS. 24
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 25
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 26
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 27
THE FUND. 28
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 29
WITH THE STATE BUDGET . 30
10 HOUSE BILL 837
Article – State Finance and Procurement 1
6–226. 2
(a) (2) (i) Notwithstanding any other provision of law, and unless 3
inconsistent with a federal law, grant agreement, or other federal requirement or with the 4
terms of a gift or settlement agreement, net interest on all State money allocated by the 5
State Treasurer under this section to special funds or accounts, and otherwise entitled to 6
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 7
Fund of the State. 8
(ii) The provisions of subparagraph (i) of this paragraph do not apply 9
to the following funds: 10
144. the Health Equity Resource Community Reserve Fund; 11
[and] 12
145. the Access to Counsel in Evictions Special Fund; 13
146. THE CANNABIS BUSINESS ASSISTANCE FUND; AND 14
147. THE CANNABIS PUBLIC HEALTH FUND; AND 15
148. THE COMMUNITY REINVESTMENT AND REPAIR FUND. 16
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Criminal Law 19
5–101. 20
(a) In this title the following words have the meanings indicated. 21
(E–2) “CIVIL USE AMOUNT ” MEANS: 22
(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 23
BUT DOES NOT EXCEED 2.5 OUNCES; 24
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12 25
GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR 26
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 27
DELTA–9–TETRAHYDROCANNAB INOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 28
NOT EXCEED 1,250 MILLIGRAMS. 29
HOUSE BILL 837 11
(U) “PERSONAL USE AMOUNT ” MEANS: 1
(1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5 2
OUNCES; 3
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 4
EXCEED 12 GRAMS; OR 5
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 6
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS. 7
5–601. 8
(a) Except as otherwise provided in this title, a person may not: 9
(1) possess or administer to another a controlled dangerous substance, 10
unless obtained directly or by prescription or order from an authorized provider acting in 11
the course of professional practice; or 12
(2) obtain or attempt to obtain a controlled dangerous substance, or 13
procure or attempt to procure the administration of a controlled dangerous substance by: 14
(i) fraud, deceit, misrepresentation, or subterfuge; 15
(ii) the counterfeiting or alteration of a prescription or a written 16
order; 17
(iii) the concealment of a material fact; 18
(iv) the use of a false name or address; 19
(v) falsely assuming the title of or representing to be a 20
manufacturer, distributor, or authorized provider; or 21
(vi) making, issuing, or presenting a false or counterfeit prescription 22
or written order. 23
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 24
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 25
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 26
not exceeding $5,000 or both; 27
(ii) for a second or third conviction, imprisonment not exceeding 18 28
months or a fine not exceeding $5,000 or both; or 29
12 HOUSE BILL 837
(iii) for a fourth or subsequent conviction, imprisonment not 1
exceeding 2 years or a fine not exceeding $5,000 or both. 2
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 3
person whose violation of this section involves the use or possession of [marijuana] 4
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 5
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 6
(ii) 1. A [first] finding of guilt under this section involving the 7
use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF 8
CANNABIS THE PERSONAL USE AMOUNT OF CANNABIS is a civil offense punishable by 9
a fine not exceeding $100. 10
2. A [second] finding of guilt under this section involving the 11
use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT 12
MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil 13
offense punishable by a fine not exceeding $250. 14
3. [A third or subsequent finding of guilt under this section 15
involving the use or possession of less than 10 grams of marijuana is a civil offense 16
punishable by a fine not exceeding $500. 17
4.] A. In addition to a fine, a court shall MAY order a 18
person under the age of 21 years who commits a violation punishable under 19
subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 20
approved by the Maryland Department of Health, refer the person to an assessment for 21
substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 22
B. [In addition to a fine, a court shall order a person at least 23
21 years old who commits a violation punishable under subsubparagraph 3 of this 24
subparagraph to attend a drug education program approved by the Maryland Department 25
of Health, refer the person to an assessment for substance abuse disorder, and refer the 26
person to substance abuse treatment, if necessary. 27
C.] A court that orders a person to a drug education program 28
or substance abuse assessment or treatment under this subsubparagraph may hold the 29
case sub curia pending receipt of proof of completion of the program, assessment, or 30
treatment. 31
(4) [A violation of this section involving the] THE smoking of [marijuana] 32
CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 33
(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50 34
$250; AND 35
HOUSE BILL 837 13
(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 1
NOT EXCEEDING $150 $500. 2
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 3
marijuana a civil offense] may not be construed to affect the laws relating to: 4
(1) operating a vehicle or vessel while under the influence of or while 5
impaired by a controlled dangerous substance; or 6
(2) seizure and forfeiture. 7
SECTION 4. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 8
as follows: 9
Article – Criminal Law 10
5–101. 11
(a) In this title the following words have the meanings indicated. 12
(E–2) “CIVIL USE AMOUNT ” MEANS: 13
(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 14
BUT DOES NOT EXCEED 2.5 OUNCES; 15
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12 16
GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR 17
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 18
DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 19
NOT EXCEED 1,250 MILLIGRAMS; OR 20
(4) TWO OR FEWER CANNABI S PLANTS. 21
(U) “PERSONAL USE AMOUNT ” MEANS: 22
(1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5 23
OUNCES; 24
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 25
EXCEED 12 GRAMS; 26
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 27
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS; OR 28
14 HOUSE BILL 837
(4) TWO OR FEWER CANNABI S PLANTS. 1
5–601. 2
(a) Except as otherwise provided in this title, a person may not: 3
(1) possess or administer to another a controlled dangerous substance, 4
unless: 5
(I) obtained directly or by prescription or order from an authorized 6
provider acting in the course of professional practice; or 7
(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 8
THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED IS 1.5 9
OUNCES OR LESS IS THE PERSONAL USE AMOUNT; OR 10
(2) obtain or attempt to obtain a controlled dangerous substance, or 11
procure or attempt to procure the administration of a controlled dangerous substance by: 12
(i) fraud, deceit, misrepresentation, or subterfuge; 13
(ii) the counterfeiting or alteration of a prescription or a written 14
order; 15
(iii) the concealment of a material fact; 16
(iv) the use of a false name or address; 17
(v) falsely assuming the title of or representing to be a 18
manufacturer, distributor, or authorized provider; or 19
(vi) making, issuing, or presenting a false or counterfeit prescription 20
or written order. 21
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 22
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 23
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 24
not exceeding $5,000 or both; 25
(ii) for a second or third conviction, imprisonment not exceeding 18 26
months or a fine not exceeding $5,000 or both; or 27
(iii) for a fourth or subsequent conviction, imprisonment not 28
exceeding 2 years or a fine not exceeding $5,000 or both. 29
HOUSE BILL 837 15
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 1
person whose violation of this section involves the use or possession of [marijuana] 2
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 3
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 4
(ii) 1. A [first] finding of guilt under this section involving the 5
use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF 6
CANNABIS THE PERSONAL USE AMOUNT OF CANNABIS BY A PERSON UNDER TH E AGE 7
OF 21 YEARS is a civil offense punishable by a fine not exceeding $100. 8
2. A [second] finding of guilt under this section involving the 9
use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT 10
MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil 11
offense punishable by a fine not exceeding $250. 12
3. [A third or subsequent finding of guilt under this section 13
involving the use or possession of less than 10 grams of marijuana is a civil offense 14
punishable by a fine not exceeding $500. 15
4.] A. In addition to a fine, a court shall MAY order a 16
person under the age of 21 years who commits a violation punishable under 17
subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 18
approved by the Maryland Department of Health, refer the person to an assessment for 19
substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 20
B. [In addition to a fine, a court shall order a person at least 21
21 years old who commits a violation punishable under subsubparagraph 3 of this 22
subparagraph to attend a drug education program approved by the Maryland Department 23
of Health, refer the person to an assessment for substance abuse disorder, and refer the 24
person to substance abuse treatment, if necessary. 25
C.] A court that orders a person to a drug education program 26
or substance abuse assessment or treatment under this subsubparagraph may hold the 27
case sub curia pending receipt of proof of completion of the program, assessment, or 28
treatment. 29
(4) [A violation of this section involving the] THE smoking of [marijuana] 30
CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 31
(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50 32
$250; AND 33
(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 34
NOT EXCEEDING $150 $500. 35
16 HOUSE BILL 837
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 1
marijuana a civil offense] may not be construed to affect the laws relating to: 2
(1) operating a vehicle or vessel while under the influence of or while 3
impaired by a controlled dangerous substance; or 4
(2) seizure and forfeiture. 5
5–601.2. 6
(A) A PERSON MAY NOT CULTIVATE CANNAB IS PLANTS IN A MANNE R THAT 7
IS CONTRARY TO THIS SECTION. 8
(B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE 9
THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 10
PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 11
OPTICAL AIDS. 12
(C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES 13
CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 14
UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 15
(2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAKE REASONABL E 16
PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS 17
AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS. 18
(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 19
POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSON IN 20
LAWFUL POSSESSION OF THE PROPERTY . 21
(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS 22
PLANTS. 23
(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN TWO C ANNABIS 24
PLANTS. 25
(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE A T 26
THE SAME RESIDENCE , NO MORE THAN TWO CAN NABIS PLANTS MAY BE CULTIVATED 27
AT THAT RESIDENCE . 28
(G) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 29
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 30
FINE NOT EXCEEDING $5,000 OR BOTH. 31
HOUSE BILL 837 17
5–602. 1
(C) (1) (I) IN THIS SUBSECTION , “ADULT SHARING ” MEANS 2
TRANSFERRING CANNABI S BETWEEN PERSONS WH O ARE 21 YEARS OF AGE OR 3
OLDER WITHOUT REMUNE RATION. 4
(II) “ADULT SHARING ” DOES NOT INCLUDE INS TANCES IN 5
WHICH: 6
1. CANNABIS IS GIVEN AWAY CONTEMPORANEOUS LY 7
WITH ANOTHER RECIPRO CAL TRANSACTION BETW EEN THE SAME PARTIES ; 8
2. A GIFT OF CANNABIS I S OFFERED OR ADVERTI SED IN 9
CONJUNCTION WITH AN OFFER FOR THE SALE O F GOODS OR SERVICES ; OR 10
3. A GIFT OF CANNABIS I S CONTINGENT ON A SEPARATE 11
RECIPROCAL TRANSACTI ON FOR GOODS OR SERV ICES. 12
(2) THIS SECTION DOES NOT PROHIBIT, AND NO CIVIL OR CRIM INAL 13
PENALTY MAY BE IMPOS ED FOR, ADULT SHARING OF THE PERSONAL USE AMOUNT 14
OF CANNABIS. 15
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws o f Maryland read 16
as follows: 17
Article – Courts and Judicial Proceedings 18
3–8A–01. 19
(a) In this subtitle the following words have the meanings indicated, unless the 20
context of their use indicates otherwise. 21
(dd) “Violation” means a violation for which a citation is issued under: 22
(1) § 5–601 of the Criminal Law Article involving the use or possession of 23
[less than 10 grams of marijuana] CANNABIS; 24
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 25
(3) § 10–132 of the Criminal Law Article; 26
(4) § 10–136 of the Criminal Law Article; or 27
(5) § 26–103 of the Education Article. 28
18 HOUSE BILL 837
3–8A–33. 1
(a) A law enforcement officer authorized to make arrests shall issue a citation to 2
a child if the officer has probable cause to believe that the child is violating: 3
(1) § 5–601 of the Criminal Law Article involving the use or possession of 4
[less than 10 grams of marijuana] CANNABIS; 5
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 6
(3) § 10–132 of the Criminal Law Article; 7
(4) § 10–136 of the Criminal Law Article; or 8
(5) § 26–103 of the Education Article. 9
Article – Criminal Law 10
5–101. 11
(a) In this title the following words have the meanings indicated. 12
(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SAT IVA L. AND ANY 13
PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 14
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 15
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 16
DRY WEIGHT BASIS . 17
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 18
OF THE AGRICULTURE ARTICLE. 19
(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 20
used, intended for use, or designed for use, in: 21
(i) planting, propagating, cultivating, growing, harvesting, 22
manufacturing, compounding, converting, producing, processing, preparing, packaging, 23
repackaging, storing, containing, or concealing a controlled dangerous substance in 24
violation of this title; or 25
(ii) injecting, ingesting, inhaling, or otherwise introducing into the 26
human body a controlled dangerous substance in violation of this title. 27
(2) “Drug paraphernalia” includes: 28
(i) a kit used, intended for use, or designed for use in planting, 29
propagating, cultivating, growing, or harvesting any species of plant that is a controlled 30 HOUSE BILL 837 19
dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 1
substance can be derived; 2
(ii) a kit used, intended for use, or designed for use in 3
manufacturing, compounding, converting, producing, processing, or preparing a controlled 4
dangerous substance OTHER THAN CANNABIS ; 5
(iii) an isomerization device used, intended for use, or designed for 6
use in increasing the potency of any species of plant that is a controlled dangerous 7
substance OTHER THAN CANNABIS ; 8
(iv) testing equipment used, intended for use, or designed for use in 9
analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 10
THAN CANNABIS ; 11
(v) a scale or balance used, intended for use, or designed for use in 12
weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ; 13
(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 14
mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 15
controlled dangerous substance OTHER THAN CANNABIS ; 16
(vii) a separation gin or sifter used, intended for use, or designed for 17
use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 18
CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 19
(viii) a blender, bowl, container, spoon, or mixing device used, 20
intended for use, or designed for use in compounding a controlled dangerous substance 21
OTHER THAN CANNABIS ; 22
(ix) a capsule, balloon, envelope, or other container used, intended 23
for use, or designed for use in packaging small quantities of a controlled dangerous 24
substance OTHER THAN CANNABIS ; 25
(x) a container or other object used, intended for use, or designed for 26
use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 27
(xi) a hypodermic syringe, needle, or other object used, intended for 28
use, or designed for use in parenterally injecting a controlled dangerous substance into the 29
human body; and 30
(xii) an object used, intended for use, or designed for use in ingesting, 31
inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 32
human body [such as: 33
20 HOUSE BILL 837
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 1
pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 2
2. a water pipe; 3
3. a carburetion tube or device; 4
4. a smoking or carburetion mask; 5
5. an object known as a roach clip used to hold burning 6
material, such as a marijuana cigarette that has become too small or too short to be held in 7
the hand; 8
6. a miniature spoon used for cocaine and cocaine vials; 9
7. a chamber pipe; 10
8. a carburetor pipe; 11
9. an electric pipe; 12
10. an air–driven pipe; 13
11. a chillum; 14
12. a bong; and 15
13. an ice pipe or chiller]. 16
[(r) (1) “Marijuana” means: 17
(i) all parts of any plant of the genus Cannabis, whether or not the 18
plant is growing; 19
(ii) the seeds of the plant; 20
(iii) the resin extracted from the plant; and 21
(iv) each compound, manufactured product, salt, derivative, mixture, 22
or preparation of the plant, its seeds, or its resin. 23
(2) “Marijuana” does not include: 24
(i) the mature stalks of the plant; 25
(ii) fiber produced from the mature stalks; 26
HOUSE BILL 837 21
(iii) oil or cake made from the seeds of the plant; 1
(iv) except for resin, any other compound, manufactured product, 2
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 3
(v) the sterilized seed of the plant that is incapable of germination; 4
or 5
(vi) hemp as defined in § 14–101 of the Agriculture Article.] 6
(R) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY 7
PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 8
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 9
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 10
DRY WEIGHT BASIS . 11
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 12
OF THE AGRICULTURE ARTICLE. 13
[(s)] (R) (1) “Narcotic drug” means a substance: 14
(i) that has been found to present an extreme danger to the health 15
and welfare of the community because of addiction–forming and addiction–sustaining 16
qualities; 17
(ii) that is: 18
1. an opiate; 19
2. a compound, manufactured substance, salt, derivative, or 20
preparation of opium, coca leaf, or an opiate; or 21
3. a substance and any compound, manufactured substance, 22
salt, derivative, or preparation that is chemically identical with a substance listed in items 23
1 and 2 of this item; and 24
(iii) that is produced: 25
1. directly or indirectly by extraction from substances of 26
vegetable origin; 27
2. independently by chemical synthesis; or 28
3. by a combination of extraction and chemical synthesis. 29
22 HOUSE BILL 837
(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 1
that does not contain cocaine or ecgonine. 2
[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 3
controlled dangerous substance under Subtitle 4 of this title. 4
[(u)] (T) (1) “Opiate” means a substance that has an addiction–forming or 5
addiction–sustaining quality similar to morphine or that can be converted into a drug that 6
has this addiction–forming or addiction–sustaining quality. 7
(2) “Opiate” includes: 8
(i) the racemic and levorotatory forms of an opiate; 9
(ii) except for seeds, the opium poppy, the plant of the species 10
Papaver somniferum L.; 11
(iii) the poppy straw consisting of the opium poppy after mowing 12
except the seeds; and 13
(iv) coca leaf. 14
(3) “Opiate” does not include, unless specifically designated as controlled 15
under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan 16
and its salts (dextromethorphan). 17
5–601.1. 18
(a) A police officer shall issue a citation to a person who the police officer has 19
probable cause to believe has committed a violation of § 5–601 of this part involving the use 20
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS 21
THE CIVIL USE AMOUNT OF CANNABIS OR THE PERS ONAL USE AMOUNT OF 22
CANNABIS. 23
(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 24
than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE 25
AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT O F CANNABIS is a civil 26
offense. 27
(2) Adjudication of a violation under § 5–601 of this part involving the use 28
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS 29
THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F 30
CANNABIS: 31
(i) is not a criminal conviction for any purpose; and 32
HOUSE BILL 837 23
(ii) does not impose any of the civil disabilities that may result from 1
a criminal conviction. 2
(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 3
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS 4
THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F 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 THE CIVIL USE AMOUNT OF CANNABIS OR T HE PERSONAL USE AMOU NT 19
OF CANNABIS is issued to a person under the age of 21 years, the court shall summon the 20
person for trial. 21
[(ii) If the court finds that a person at least 21 years old who has been 22
issued a citation under this section has at least twice previously been found guilty under § 23
5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 24
court shall summon the person for trial.] 25
(d) The form of the citation shall be uniform throughout the State and shall be 26
prescribed by the District Court. 27
(e) (1) The Chief Judge of the District Court shall establish a schedule for the 28
prepayment of the fine. 29
(2) Prepayment of a fine shall be considered a plea of guilty to a Code 30
violation. 31
24 HOUSE BILL 837
(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 THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT 20
OF CANNABIS: 21
(1) the State has the burden to prove the guilt of the defendant by a 22
preponderance of the evidence; 23
(2) the court shall apply the evidentiary standards as prescribed by law or 24
rule for the trial of a criminal case; 25
(3) the court shall ensure that the defendant has received a copy of the 26
charges against the defendant and that the defendant understands those charges; 27
(4) the defendant is entitled to cross–examine all witnesses who appear 28
against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 29
testify on the defendant’s own behalf, if the defendant chooses to do so; 30
(5) the defendant is entitled to be represented by counsel of the defendant’s 31
choice and at the expense of the defendant; and 32
(6) the defendant may enter a plea of guilty or not guilty, and the verdict 33
of the court in the case shall be: 34 HOUSE BILL 837 25
(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 THE CIVIL USE AMOUNT OF CANNABIS OR THE PERSO NAL USE AMOUNT 9
OF CANNABIS in which costs are imposed are $5. 10
(k) (1) The State’s Attorney for any county may prosecute a Code violation 11
under § 5–601 of this part involving the use or possession of [less than 10 grams of 12
marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS 13
OR THE PERSONAL USE AMOUNT OF CANNABIS in the same manner as prosecution of a 14
violation of the criminal laws of the State. 15
(2) In a Code violation case under § 5–601 of this part involving the use or 16
possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE 17
CIVIL USE AMOUNT OF CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS, the 18
State’s Attorney may: 19
(i) enter a nolle prosequi or move to place the case on the stet docket; 20
and 21
(ii) exercise authority in the same manner as prescribed by law for 22
violation of the criminal laws of the State. 23
(l) A person issued a citation for a violation of § 5–601 of this part involving the 24
use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF 25
CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT 26
OF CANNABIS who is under the age of 18 years shall be subject to the procedures and 27
dispositions provided in Title 3, Subtitle 8A of the Courts Article. 28
(m) A citation for a violation of § 5–601 of this part involving the use or possession 29
of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE 30
AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS and the official 31
record of a court regarding the citation are not subject to public inspection and may not be 32
included on the public website maintained by the Maryland Judiciary if: 33
(1) the defendant has prepaid the fine; 34 26 HOUSE BILL 837
(2) the defendant has pled guilty to or been found guilty of the Code 1
violation and has fully paid the fine and costs imposed for the violation; 2
(3) the defendant has received a probation before judgment and has fully 3
paid the fine and completed any terms imposed by the court; 4
(4) the case has been removed from the stet docket after the defendant fully 5
paid the fine and completed any terms imposed by the court; 6
(5) the State has entered a nolle prosequi; 7
(6) the defendant has been found not guilty of the charge; or 8
(7) the charge has been dismissed. 9
5–602. 10
(A) Except as otherwise provided in this title, a person may not: 11
(1) distribute or dispense a controlled dangerous substance; or 12
(2) possess a controlled dangerous substance OTHER THAN CANNABIS in 13
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 14
dispense a controlled dangerous substance. 15
(B) (1) EXCEPT AS OTHERWISE PRO VIDED IN THIS TITLE, A PERSON MAY 16
NOT POSSESS CANNABIS IN SUFFICIENT QUANTI TY REASONABLY TO IND ICATE 17
UNDER ALL CIRCUMSTAN CES AN INTENT TO DIS TRIBUTE OR DISPENSE CANNABIS. 18
(2) POSSESSION OF 2.5 OUNCES OR LESS OF CA NNABIS THE CIVIL USE 19
AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS WITHOUT 20
OTHER EVIDENCE OF AN INTENT TO DISTRIBUTE OR DISPENSE DOES NOT 21
CONSTITUTE A VIOLATI ON OF PARAGRAPH (1) OF THIS SUBSECTION . 22
5–603. 23
(A) Except as otherwise provided in this title, a person may not manufacture a 24
controlled dangerous substance OTHER THAN CANNABIS , or manufacture, distribute, or 25
possess a machine, equipment, instrument, implement, device, or a combination of them 26
that is adapted to produce a controlled dangerous substance OTHER THAN CANNABIS 27
under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense 28
a controlled dangerous substance OTHER THAN CANNABIS in violation of this title. 29
HOUSE BILL 837 27
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY N OT 1
CULTIVATE OR GROW CA NNABIS OR MANUFACTUR E A CANNABIS PRODUCT , OR 2
MANUFACTURE , DISTRIBUTE, OR POSSESS A MACHINE , EQUIPMENT, AN 3
INSTRUMENT , AN IMPLEMENT , A DEVICE, OR A COMBINATION OF THEM THAT IS 4
ADAPTED TO PRODUCE C ANNABIS OR A CANNABI S PRODUCT UNDER 5
CIRCUMSTANCES THAT REA SONABLY INDICATE AN INTENT TO USE IT TO PRODUCE, 6
SELL, OR DISPENSE CANNABIS OR A CANNABIS PRODUC T IN VIOLATION OF TH IS 7
TITLE. 8
5–607. 9
(a) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND §§ 10
5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 11
5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not 12
exceeding 5 years or a fine not exceeding $15,000 or both. 13
(2) A PERSON WHO VIOLATES § 5–602(B)(1) OR § 5–603(B) OF THIS 14
SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO 15
IMPRISONMENT NOT EXC EEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR 16
BOTH. 17
(b) A person convicted under this section is not prohibited from participating in a 18
drug treatment program under § 8–507 of the Health – General Article because of the 19
length of the sentence. 20
5–619. 21
(c) (1) [This subsection does not apply to the use or possession of drug 22
paraphernalia involving the use or possession of marijuana. 23
(2)] Unless authorized under this title, a person may not use or possess with 24
intent to use drug paraphernalia to: 25
(i) plant, propagate, cultivate, grow, harvest, manufacture, 26
compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 27
controlled dangerous substance; or 28
(ii) inject, ingest, inhale, or otherwise introduce into the human body 29
a controlled dangerous substance. 30
[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 31
and on conviction is subject to: 32
(i) for a first violation, a fine not exceeding $500; and 33
28 HOUSE BILL 837
(ii) for each subsequent violation, imprisonment not exceeding 2 1
years or a fine not exceeding $2,000 or both. 2
[(4)] (3) A person who is convicted of violating this subsection for the first 3
time and who previously has been convicted of violating subsection (d)(4) of this section is 4
subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 5
5–620. 6
(a) Unless authorized under this title, a person may not: 7
(1) obtain or attempt to obtain controlled paraphernalia by: 8
(i) fraud, deceit, misrepresentation, or subterfuge; 9
(ii) counterfeiting a prescription or a written order; 10
(iii) concealing a material fact or the use of a false name or address; 11
(iv) falsely assuming the title of or representing to be a 12
manufacturer, distributor, or authorized provider; or 13
(v) making or issuing a false or counterfeit prescription or written 14
order; or 15
(2) possess or distribute controlled paraphernalia under circumstances 16
which reasonably indicate an intention to use the controlled paraphernalia for purposes of 17
illegally administering a controlled dangerous substance. 18
(b) Evidence of circumstances that reasonably indicate an intent to use controlled 19
paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 20
substance unlawfully include the close proximity of the controlled paraphernalia to an 21
adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 22
distribute, or dispense controlled dangerous substances, including: 23
(1) a scale; 24
(2) a sieve; 25
(3) a strainer; 26
(4) a measuring spoon; 27
(5) staples; 28
(6) a stapler; 29
HOUSE BILL 837 29
(7) a glassine envelope; 1
(8) a gelatin capsule; 2
(9) procaine hydrochloride; 3
(10) mannitol; 4
(11) lactose; 5
(12) quinine; and 6
(13) a controlled dangerous substance. 7
(c) Information that is communicated to a physician to obtain controlled 8
paraphernalia from the physician in violation of this subtitle is not a privileged 9
communication. 10
(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 11
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 12
not exceeding 4 years or a fine not exceeding $25,000 or both. 13
[(2) A person who violates this section involving the use or possession of 14
marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 15
or both.] 16
Article – Criminal Procedure 17
4–101. 18
(c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any 19
other law allowing a crime to be charged by citation, a police officer shall charge by citation 20
for: 21
1. any misdemeanor or local ordinance violation that does 22
not carry a penalty of imprisonment; 23
2. any other misdemeanor or local ordinance violation not 24
involving serious injury or an immediate health risk for which the maximum penalty of 25
imprisonment is 90 days or less, except: 26
A. failure to comply with a peace order under § 3–1508 of the 27
Courts Article; 28
B. failure to comply with a protective order under § 4–509 of 29
the Family Law Article; 30 30 HOUSE BILL 837
C. violation of a condition of pretrial or posttrial release 1
under § 5–213.1 of this article; 2
D. possession of an electronic control device after conviction 3
of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article; 4
E. violation of an out–of–state domestic violence order under 5
§ 4–508.1 of the Family Law Article; or 6
F. abuse or neglect of an animal under § 10–604 of the 7
Criminal Law Article; or 8
3. possession of [marijuana] CANNABIS under § 5–601 of the 9
Criminal Law Article. 10
(ii) Subject to paragraph (2) of this subsection, in addition to any 11
other law allowing a crime to be charged by citation, a police officer may charge by citation 12
for: 13
1. sale of an alcoholic beverage to an underage drinker or 14
intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages 15
Article; 16
2. malicious destruction of property under § 6–301 of the 17
Criminal Law Article, if the amount of damage to the property is less than $500; 18
3. misdemeanor theft under § 7–104(g)(2) of the Criminal 19
Law Article; [or] 20
4. possession of a controlled dangerous substance other than 21
[marijuana] CANNABIS under § 5–601 of the Criminal Law Article; 22
5. POSSESSION WITH INTE NT TO DISTRIBUTE CANNABIS 23
UNDER § 5–602(B)(1) OF THE CRIMINAL LAW ARTICLE; OR 24
6. GROWING OR MANUFACTU RING CANNABIS OR A 25
CANNABIS PRODUCT UND ER § 5–603(B) OF THE CRIMINAL LAW ARTICLE. 26
(2) A police officer may charge a defendant by citation only if: 27
(i) the officer is satisfied with the defendant’s evidence of identity; 28
(ii) the officer reasonably believes that the defendant will comply 29
with the citation; 30
HOUSE BILL 837 31
(iii) the officer reasonably believes that the failure to charge on a 1
statement of charges will not pose a threat to public safety; 2
(iv) the defendant is not subject to arrest: 3
1. for an alleged misdemeanor involving serious injury or 4
immediate health risk or an alleged felony arising out of the same incident; or 5
2. based on an outstanding arrest warrant; and 6
(v) the defendant complies with all lawful orders by the officer. 7
(3) A police officer who has grounds to make a warrantless arrest for an 8
offense that may be charged by citation under this subsection may: 9
(i) issue a citation in lieu of making the arrest; or 10
(ii) make the arrest and subsequently issue a citation in lieu of 11
continued custody. 12
10–101. 13
(a) In this subtitle the following words have the meanings indicated. 14
(d) “Expunge” means to remove information from public inspection in accordance 15
with this subtitle. 16
(e) [“Expungement”] EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, 17
“EXPUNGEMENT ” with respect to a court record or a police record means removal from 18
public inspection: 19
(1) by obliteration; 20
(2) by removal to a separate secure area to which persons who do not have 21
a legitimate reason for access are denied access; or 22
(3) if access to a court record or police record can be obtained only by 23
reference to another court record or police record, by the expungement of it or the part of it 24
that provides access. 25
10–105. 26
(a) A person who has been charged with the commission of a crime, including a 27
violation of the Transportation Article for which a term of imprisonment may be imposed, 28
or who has been charged with a civil offense or infraction, except a juvenile offense, may 29
file a petition listing relevant facts for expungement of a police record, court record, or other 30
record maintained by the State or a political subdivision of the State if: 31 32 HOUSE BILL 837
(12) the person was convicted of possession of [marijuana] CANNABIS under 1
§ 5–601 of the Criminal Law Article; or 2
(c) (8) A petition for expungement based on the conviction of a crime under 3
subsection (a)(12) of this section may not be filed [within 4 years after the conviction or] 4
BEFORE satisfactory completion of the sentence, including probation, that was imposed for 5
the conviction[, whichever is later]. 6
10–105.3. 7
(A) A PERSON INCARCERATED AFTER HAVING BEEN CO NVICTED OF 8
POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE MAY 9
PRESENT AN APPLICATI ON FOR RESENTENCING TO THE COURT THAT SE NTENCED 10
THE PERSON. 11
(B) THE COURT SHALL GRANT THE APPLICATION AND RESENTENCE THE 12
PERSON TO TIME SERVE D. 13
(C) IF THE PERSON IS NOT SERVING A CONCURRENT OR CONSECUTIVE 14
SENTENCE FOR ANOTHER CRIME, THE PERSON SHALL BE RELEASED FROM 15
INCARCERATION . 16
10–107. 17
(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic 18
violation OR POSSESSION OF CAN NABIS UNDER § 5–601 OF THE CRIMINAL LAW 19
ARTICLE, arise from the same incident, transaction, or set of facts, they are considered to 20
be a unit. 21
(2) A charge for a minor traffic violation OR POSSESSION OF CANNABIS 22
UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE that arises from the same incident, 23
transaction, or set of facts as a charge in the unit is not a part of the unit. 24
(b) (1) If a person is not entitled to expungement of one charge or conviction in 25
a unit, the person is not entitled to expungement of any other charge or conviction in the 26
unit. 27
(2) The disposition of a charge for a minor traffic violation that arises from 28
the same incident, transaction, or set of facts as a charge in the unit does not affect any 29
right to expungement of a charge or conviction in the unit. 30
10–110. 31
HOUSE BILL 837 33
(a) A person may file a petition listing relevant facts for expungement of a police 1
record, court record, or other record maintained by the State or a political subdivision of 2
the State if the person is convicted of: 3
(1) a misdemeanor that is a violation of: 4
(i) § 6–320 of the Alcoholic Beverages Article; 5
(ii) an offense listed in § 17–613(a) of the Business Occupations and 6
Professions Article; 7
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 8
the Business Regulation Article; 9
(iv) § 3–1508 or § 10–402 of the Courts Article; 10
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 11
Article; 12
(vi) § 5–211 of this article; 13
(vii) § 3–203 or § 3–808 of the Criminal Law Article; 14
(viii) § 5–601 not involving the use or possession of [marijuana] 15
CANNABIS, § 5–602(B) 5–602(B)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 16
5–902 of the Criminal Law Article; 17
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 18
6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 19
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 20
Criminal Law Article; 21
(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 22
8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 23
(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 24
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 25
Criminal Law Article; 26
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 27
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 28
12–204, § 12–205, or § 12–302 of the Criminal Law Article; 29
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 30 34 HOUSE BILL 837
(xvii) § 4–509 of the Family Law Article; 1
(xviii) § 18–215 of the Health – General Article; 2
(xix) § 4–411 or § 4–2005 of the Housing and Community Development 3
Article; 4
(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 5
27–407.1, or § 27–407.2 of the Insurance Article; 6
(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 7
8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 8
limits for personal watercraft; 9
(xxii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 10
Safety Article; 11
(xxiii) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 12
(xxiv) § 9–124 of the State Government Article; 13
(xxv) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax – 14
General Article; 15
(xxvi) § 16–303 of the Transportation Article; or 16
(xxvii) the common law offenses of affray, rioting, criminal contempt, 17
battery, or hindering; 18
(2) a felony that is a violation of: 19
(i) § 7–104 of the Criminal Law Article; 20
(ii) the prohibition against possession with intent to distribute a 21
controlled dangerous substance under [§ 5–602(2)] § 5–602 of the Criminal Law Article; or 22
(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 23
(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 24
(1) or (2) of this subsection. 25
(c) (1) Except as provided in paragraphs (2) [and], (3), AND (4) of this 26
subsection, a petition for expungement under this section may not be filed earlier than 10 27
years after the person satisfies the sentence or sentences imposed for all convictions for 28
which expungement is requested, including parole, probation, or mandatory supervision. 29
HOUSE BILL 837 35
(2) A petition for expungement for a violation of § 3–203 of the Criminal 1
Law Article, common law battery, or for an offense classified as a domestically related crime 2
under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 3
the sentence or sentences imposed for all convictions for which expungement is requested, 4
including parole, probation, or mandatory supervision. 5
(3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 6
SUBSECTION, A petition for expungement of a felony may not be filed earlier than 15 years 7
after the person satisfies the sentence or sentences imposed for all convictions for which 8
expungement is requested, including parole, probation, or mandatory supervision. 9
(4) A PETITION FOR EXPUNGE MENT OF A CONVICTION OF 10
POSSESSION WITH INTE NT TO DISTRIBUTE CAN NABIS UNDER § 5–602 OF THE 11
CRIMINAL LAW ARTICLE MAY NOT BE FI LED EARLIER THAN 4 3 YEARS AFTER THE 12
PERSON SATISFIES THE SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS 13
FOR WHICH EXPUNGEMENT IS REQUESTED , INCLUDING PAROLE , PROBATION, OR 14
MANDATORY SUPERVISIO N. 15
10–111. 16
The Maryland Judiciary Case Search may not in any way refer to the existence of a 17
[District Court] criminal case in which: 18
(1) possession of [marijuana] CANNABIS under § 5–601 of the Criminal 19
Law Article is the only charge in the case; and 20
(2) the charge was disposed of before [October 1, 2014] JULY 1, 2023. 21
10–112. 22
(A) IN THIS SECTION, “EXPUNGE” MEANS TO REMOVE ALL REFERENCES TO 23
A SPECIFIED CRIMINAL CASE FROM T HE CENTRAL REPOSITORY. 24
(B) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT OF PUBLIC SAFETY 25
AND CORRECTIONAL SERVICES SHALL EXPUNG E ALL CASES IN WHICH : 26
(1) POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW 27
ARTICLE IS THE ONLY CHARGE IN THE CASE ; AND 28
(2) THE CHARGE WAS ISSUE D BEFORE JULY 1, 2023. 29
Article – Health – General 30
SUBTITLE 45. CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 31
36 HOUSE BILL 837
13–4501. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “ADVISORY COUNCIL” MEANS THE CANNABIS PUBLIC HEALTH 4
ADVISORY COUNCIL. 5
(C) “FUND” MEANS THE CANNABIS PUBLIC HEALTH FUND. 6
13–4502. 7
(A) THERE IS A CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 8
(B) THE ADVISORY COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 9
(1) ONE MEMBER FROM THE SENATE OF MARYLAND, APPOINTED BY 10
THE PRESIDENT OF THE SENATE; 11
(2) ONE MEMBER FROM THE HOUSE OF DELEGATES, APPOINTED BY 12
THE SPEAKER OF THE HOUSE; 13
(1) (3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 14
(2) (4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR 15
THE DEPUTY SECRETARY’S DESIGNEE; 16
(3) (5) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S 17
DESIGNEE; 18
(4) (6) THE EXECUTIVE DIRECTO R OF THE NATALIE M. LAPRADE 19
MEDICAL CANNABIS COMMISSION, OR THE EXECUTIVE DIR ECTOR’S DESIGNEE; 20
(5) (7) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE STATE 21
SUPERINTENDENT ’S DESIGNEE; AND 22
(6) (8) THE FOLLOWING MEMBERS APPOINTED BY THE 23
GOVERNOR: 24
(I) ONE REPRESENTATIVE FR OM THE GOVERNOR’S OFFICE OF 25
CRIME PREVENTION, YOUTH, AND VICTIM SERVICES; 26
(II) ONE REPRESENTATIVE FR OM A HISTORICALLY BL ACK 27
COLLEGE OR UNIVERSIT Y; 28 HOUSE BILL 837 37
(III) ONE HEALTH CARE PROVI DER WITH EXPERIENCE IN 1
CANNABIS; 2
(IV) ONE PHARMACIST LICENS ED IN THE STATE; 3
(V) ONE HEALTH CARE PROVI DER WITH EXPERTISE I N 4
SUBSTANCE USE DISORD ER TREATMENT AND RECO VERY; 5
(VI) ONE INDIVIDUAL WITH E XPERTISE IN CANNABIS USE 6
DISORDER; 7
(VII) ONE ACADEMIC RESEARCH ER WITH EXPERTISE IN 8
CANNABIS LAW AND POL ICY; 9
(VIII) ONE INDIVIDUAL WITH A T LEAST 5 YEARS OF EXPERIENCE 10
IN HEALTH OR SOCIAL EQUITY; 11
(IX) ONE PUBLIC HEALTH PRO FESSIONAL WITH CANNA BIS 12
EXPERIENCE; AND 13
(X) ONE REPRESENTATIVE OF A LABORATORY THAT TE STS 14
CANNABIS. 15
(C) (1) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL 16
AND STATE LAW, THE MEMBERSHIP OF TH E ADVISORY COUNCIL SHALL REFLECT 17
THE GENDER, ETHNIC, AND RACIAL DIVERSITY OF THE STATE. 18
(2) THE MEMBERSHIP OF THE ADVISORY COUNCIL SHALL INCLUDE 19
RESIDENTS OF RURAL A ND URBAN REGIONS OF THE STATE. 20
(D) A MEMBER OF THE ADVISORY COUNCIL SHALL FILE A FINANCIAL 21
DISCLOSURE STATEMENT WITH THE STATE ETHICS COMMISSION IN ACCORDA NCE 22
WITH TITLE 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE. 23
(E) (1) THE TERM OF AN APPOIN TED MEMBER IS 4 YEARS. 24
(2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS 25
REQUIRED BY THE TERM S PROVIDED FOR THE APP OINTED MEMBERS OF TH E 26
ADVISORY COUNCIL ON JANUARY 1, 2023. 27
(3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO 28
SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES. 29
38 HOUSE BILL 837
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2
QUALIFIES. 3
(5) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN TWO 4
CONSECUTIVE FULL TER MS. 5
13–4503. 6
(A) THE CHAIR OF THE ADVISORY COUNCIL SHALL BE ELEC TED BY THE 7
MEMBERS OF THE ADVISORY COUNCIL. 8
(B) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE ADVISORY 9
COUNCIL IS A QUORUM . 10
(C) THE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES EAC H 11
YEAR, AT THE TIMES AND PLA CES THAT THE ADVISORY COUNCIL DETERMINES . 12
(D) THE ADVISORY COUNCIL MAY FORM WORKGROUPS TO A SSIST IN THE 13
WORK OF THE ADVISORY COUNCIL. 14
(E) A MEMBER OF THE ADVISORY COUNCIL: 15
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 16
ADVISORY COUNCIL; BUT 17
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 18
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 19
(F) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT AN D TECHNICAL 20
ASSISTANCE FOR THE ADVISORY COUNCIL. 21
13–4504. 22
(A) THE ADVISORY COUNCIL SHALL STUDY A ND MAKE RECOMMENDATI ONS 23
REGARDING: 24
(1) THE PROMOTION OF PUBLIC HEALTH AND MITIGATION OF YOUTH 25
USE OF, MISUSE OF, AND ADDICTION TO CAN NABIS; 26
(2) DATA COLLECTION AND R EPORTING OF DATA THA T MEASURES 27
THE IMPACT OF CANNAB IS CONSUMPTION AND L EGALIZATION; 28
HOUSE BILL 837 39
(3) THE IMPACT OF CANNABI S LEGALIZATION ON TH E EDUCATION, 1
BEHAVIORAL HEALTH , AND SOMATIC HEALTH O F INDIVIDUALS UNDER THE AGE OF 2
21 YEARS; 3
(4) INITIATIVES TO PREVEN T CANNABIS USE BY IN DIVIDUALS UNDER 4
THE AGE OF 21 YEARS, INCLUDING EDUCATIONA L PROGRAMS FOR USE I N SCHOOLS; 5
(5) PUBLIC HEALTH CAMPAIG NS ON CANNABIS; 6
(6) ADVERTISING, LABELING, PRODUCT TESTING , AND QUALITY 7
CONTROL REQUIREMENTS ; 8
(7) TRAINING FOR HEALTH C ARE PROVIDERS RELATE D TO CANNABIS 9
USE; AND 10
(8) BEST PRACTICES REGARD ING REQUIREMENTS TO REDUCE THE 11
APPEAL OF CANNABIS T O MINORS , INCLUDING ADVERTISIN G, POTENCY, 12
PACKAGING, AND LABELING STANDAR DS; AND 13
(8) (9) ANY OTHER ISSUES THAT ADVANCE PUBLIC HEALT H 14
RELATED TO CANNABIS USE AND LEGALIZATION . 15
(B) TO THE EXTENT PRACTIC ABLE, THE ADVISORY COUNCIL SHALL 16
CONSIDER ANY DATA CO LLECTED BY THE STATE RELATED TO CANN ABIS USE WHEN 17
MAKING RECOMMENDATIO NS, INCLUDING DATA COLLE CTED UNDER § 13–4401 OF 18
THIS TITLE. 19
13–4505. 20
(A) THERE IS A CANNABIS PUBLIC HEALTH FUND. 21
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO ADDRESS THE 22
HEALTH EFFE CTS ASSOCIATED WITH THE LEGALIZATION OF ADULT–USE CANNABIS. 23
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 24
(D) (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
(E) THE FUND CONSISTS OF : 29
40 HOUSE BILL 837
(1) REVENUE DISTRIBUTED T O THE FUND BASED ON REVENUE S 1
FROM ADULT –USE CANNABIS; 2
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 3
AND 4
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 5
THE BENEFIT OF THE FUND. 6
(F) THE FUND MAY BE USED ONLY FOR: 7
(1) SUPPORTING THE ADVISORY COUNCIL IN PERFORMING ITS 8
DUTIES; 9
(2) SUPPORTING DATA COLLE CTION AND RESEARCH O N THE 10
EFFECTS OF CANNABIS LEGALIZATIO N IN THE STATE; 11
(3) PROVIDING FUNDING FOR EDUCATION AND PUBLIC AWARENESS 12
CAMPAIGNS RELATED TO CANNABIS USE, INCLUDING FUNDING FO R EDUCATIONAL 13
PROGRAMS TO BE USED IN SCHOOLS; 14
(4) SUPPORTING SUBSTANCE USE DISORDER COUNSEL ING AND 15
TREATMENT FOR INDIVIDUA LS; AND 16
(5) TRAINING AND EQUIPMENT FOR LAW ENFORCEMENT TO 17
RECOGNIZE IMPAIRMENT S DUE TO CANNABIS ; AND 18
(6) PURCHASING TECHNOLOGY PROVEN TO BE EFFECTI VE AT 19
MEASURING CANNABIS L EVELS IN DRIVERS. 20
(G) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 21
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 23
THE FUND. 24
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 25
WITH THE STATE BUDGET . 26
13–4506. 27
ON OR BEFORE DECEMBER 1 EACH YEAR, THE ADVISORY COUNCIL SHALL 28
REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN 29 HOUSE BILL 837 41
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 1
ASSEMBLY. 2
24–501. 3
(a) In this subtitle the following words have the meanings indicated. 4
(B) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF 5
THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , ISOMERS, 6
ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH A 7
DELTA–9–TETRAHYDROCANNABINOL CONCE NTRATION GREATER THA N 0.3% ON A 8
DRY WEIGHT BASIS HAS THE MEANING STAT ED IN § 5–101 OF THE CRIMINAL LAW 9
ARTICLE. 10
[(b)] (C) “Employee” has the meaning stated in § 5–101 of the Labor and 11
Employment Article. 12
[(c)] (D) “Employer” has the meaning stated in § 5–101 of the Labor and 13
Employment Article. 14
[(d)] (E) “Environmental [tobacco] smoke” means the complex mixture formed 15
from the escaping smoke of a burning tobacco, CANNABIS, OR HEMP product or smoke 16
exhaled by the smoker. 17
[(e)] (F) “Indoor area open to the public” means: 18
(1) An indoor area or a portion of an indoor area accessible to the public by 19
either invitation or permission; or 20
(2) An indoor area of any establishment licensed or permitted under the 21
Alcoholic Beverages Article for the sale or possession of alcoholic beverages. 22
[(f)] (G) “Place of employment” has the meaning stated in § 5–101 of the Labor 23
and Employment Article. 24
[(g)] (H) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 25
other matter or substance [that contains tobacco] CONTAINING, WHOLLY OR IN PART , 26
TOBACCO, CANNABIS, OR HEMP. 27
24–502. 28
It is the intent of the General Assembly that the State protect the public and 29
employees from involuntary exposure to environmental [tobacco] smoke in indoor areas 30
open to the public, indoor places of employment, and certain designated private areas. 31
42 HOUSE BILL 837
24–503. 1
The purpose of this subtitle is to preserve and improve the health, comfort, and 2
environment of the people of the State by limiting exposure to environmental [tobacco] 3
smoke. 4
24–504. 5
Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 6
person may not smoke in: 7
(1) An indoor area open to the public; 8
(2) An indoor place in which meetings are open to the public in accordance 9
with Title 3 of the General Provisions Article; 10
(3) A government–owned or government–operated means of mass 11
transportation including buses, vans, trains, taxicabs, and limousines; or 12
(4) An indoor place of employment. 13
24–505. 14
This subtitle does not apply to: 15
(1) Private homes, residences, including residences used as a business or 16
place of employment, unless being used by a person who is licensed or registered under 17
Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 18
unless being used for the public transportation of children, or as part of health care or child 19
care transportation; 20
(2) A hotel or motel room rented to one or more guests as long as the total 21
percent of hotel or motel rooms being so used does not exceed 25%; 22
(3) A retail tobacco business that is a sole proprietorship, limited liability 23
company, corporation, partnership, or other enterprise, in which: 24
(i) The primary activity is the retail sale of tobacco products and 25
accessories; and 26
(ii) The sale of other products is incidental; 27
(4) Any facility of a manufacturer, importer, wholesaler, or distributor of 28
tobacco products or of any tobacco leaf dealer or processor in which employees of the 29
manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 30
HOUSE BILL 837 43
(5) A research or educational laboratory for the purpose of conducting 1
scientific research into the health effects of tobacco smoke. 2
24–507. 3
(a) The Department shall adopt regulations that prohibit environmental 4
[tobacco] smoke in indoor areas open to the public. 5
(b) On or before September 30 of each year, the Department shall report, in 6
accordance with § 2–1257 of the State Government Article, to the General Assembly on: 7
(1) The enforcement efforts of the Department to eliminate environmental 8
[tobacco] smoke in indoor areas open to the public during the prior year; and 9
(2) The results of these enforcement efforts. 10
24–508. 11
(a) Subject to subsection (c) of this section and except as provided in subsection 12
(d) of this section, a person who violates a provision of this subtitle or a regulation adopted 13
under § 24–507(a) of this subtitle: 14
(1) For a first violation, shall be issued a written reprimand by the 15
Secretary or the Secretary’s designee; 16
(2) For a second violation, is subject to a civil penalty of $100; and 17
(3) For each subsequent violation, is subject to a civil penalty not less than 18
$250. 19
(b) The Secretary may waive a penalty established under subsection (a) of this 20
section, giving consideration to factors that include: 21
(1) The seriousness of the violation; and 22
(2) Any demonstrated good faith measures to comply with the provisions of 23
this subtitle. 24
(c) (1) This subsection does not apply to an alleged violation of subsection (d) 25
of this section. 26
(2) It is an affirmative defense to a complaint brought against a person for 27
a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 28
person or an employee of the person: 29
(i) Posted a “No Smoking” sign as required under § 24–506 of this 30
subtitle; 31 44 HOUSE BILL 837
(ii) Removed all ashtrays and other smoking paraphernalia from all 1
areas where smoking is prohibited; and 2
(iii) If the violation occurred in a bar, tavern, or restaurant: 3
1. Refused to seat or serve any individual who was smoking 4
in a prohibited area; and 5
2. If the individual continued to smoke after an initial 6
warning, asked the individual to leave the establishment. 7
(d) An employer who discharges or discriminates against an employee because 8
that employee has made a complaint, has given information to the Department in 9
accordance with this subtitle, has caused to be instituted or is about to cause to be instituted 10
a proceeding under this subtitle, or has testified or is about to testify in a proceeding under 11
this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil 12
penalty of at least $2,000 but not more than $10,000 for each violation. 13
(e) (1) An employee may not: 14
(i) Make a groundless or malicious complaint under this subtitle to 15
the Secretary or an authorized representative of the Secretary; 16
(ii) In bad faith, bring an action under this subtitle; or 17
(iii) In bad faith, testify in an action under this subtitle or a 18
proceeding that relates to the subject of this subtitle. 19
(2) The Secretary may bring an action for injunctive relief and damages 20
against a person who violates the provisions of paragraph (1) of this subsection. 21
(f) A penalty collected by the Secretary under this section shall be paid to the 22
Cigarette Restitution Fund established under § 7–317 of the State Finance and 23
Procurement Article. 24
24–510. 25
Nothing in this subtitle shall be construed to preempt a county or municipal 26
government from enacting and enforcing more stringent measures to reduce involuntary 27
exposure to environmental [tobacco] smoke. 28
SECTION 6. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
Article – Criminal Law 31
HOUSE BILL 837 45
5–101. 1
(a) In this title the following words have the meanings indicated. 2
(e–2) “Civil use amount” means: 3
(1) an amount of usable cannabis that exceeds 1.5 ounces but does not 4
exceed 2.5 ounces; 5
(2) an amount of concentrated cannabis that exceeds 12 grams but does not 6
exceed 20 grams; OR 7
(3) an amount of cannabis products containing 8
delta–9–tetrahydrocannabinol that exceeds 750 milligrams but does not exceed 1,250 9
milligrams[; or 10
(4) two or fewer cannabis plants]. 11
(u) “Personal use amount” means: 12
(1) an amount of usable cannabis that does not exceed 1.5 ounces; 13
(2) an amount of concentrated cannabis that does not exceed 12 grams; OR 14
(3) an amount of cannabis products containing 15
delta–9–tetrahydrocannabinol that does not exceed 750 milligrams[; or 16
(4) two or fewer cannabis plants]. 17
[5–601.2. 18
(a) A person may not cultivate cannabis plants in a manner that is contrary to 19
this section. 20
(b) Cannabis plants may not be cultivated in a location where the plants are 21
subject to public view, including a view from another private property, without the use of 22
binoculars, aircraft, or other optical aids. 23
(c) (1) In this subsection, “reasonable precautions” includes cultivating 24
cannabis in an enclosed locked space to which persons under the age of 21 years do not 25
possess a key. 26
(2) A person who cultivates cannabis shall take reasonable precautions to 27
ensure the plants are secure from unauthorized access and access by a person under the 28
age of 21 years. 29
46 HOUSE BILL 837
(d) Cannabis cultivation may occur only on property lawfully in possession of the 1
cultivator or with the consent of the person in lawful possession of the property. 2
(e) A person under the age of 21 years may not cultivate cannabis plants. 3
(f) (1) A person may not cultivate more than two cannabis plants. 4
(2) If two or more persons at least 21 years old reside at the same residence, 5
no more than two cannabis plants may be cultivated at that residence. 6
(g) A person who violates this section is guilty of a misdemeanor and on conviction 7
is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.] 8
Article – Criminal Law 9
10–123. 10
(a) In this part the following words have the meanings indicated. 11
(b) “Alcoholic beverage” has the meaning stated in § 21–903 of the Transportation 12
Article. 13
(c) “Bus” has the meaning stated in § 11–105 of the Transportation Article. 14
(D) “CANNABIS” HAS THE MEANIN G STATED IN § 5–101 OF THIS ARTICLE. 15
[(d)] (E) “Highway” has the meaning stated in § 11–127 of the Transportation 16
Article. 17
[(e)] (F) “Limousine” has the meaning stated in § 11–129.1 of the Transportation 18
Article. 19
[(f)] (G) “Motor home” has the meaning stated in § 11 –134.3 of the 20
Transportation Article. 21
[(g)] (H) (1) “Motor vehicle” means a vehicle that: 22
(i) is self–propelled or propelled by electric power obtained from 23
overhead electrical wires; and 24
(ii) is not operated on rails. 25
(2) “Motor vehicle” includes: 26
(i) a low speed vehicle, as defined in § 11–130.1 of the Transportation 27
Article; 28 HOUSE BILL 837 47
(ii) a moped, as defined in § 11–134.1 of the Transportation Article; 1
and 2
(iii) a motor scooter, as defined in § 11–134.5 of the Transportation 3
Article. 4
[(h)] (I) “Moving violation” has the meaning stated in § 11–136.1 of the 5
Transportation Article. 6
[(i)] (J) “Open container” means a bottle, can, or other receptacle: 7
(1) that is open; 8
(2) that has a broken seal; or 9
(3) from which the contents are partially removed. 10
[(j)] (K) “Passenger area” has the meaning stated in § 21 –903 of the 11
Transportation Article. 12
[(k)] (L) “Taxicab” has the meaning stated in § 11–165 of the Transportation 13
Article. 14
10–125. 15
(a) (1) Except as otherwise provided in subsection (c) of this section, an 16
occupant of a motor vehicle may not possess an open container that contains any amount of 17
an alcoholic beverage in a passenger area of a motor vehicle on a highway. 18
(2) A driver of a motor vehicle may not be subject to prosecution for a 19
violation of this subsection based solely on possession of an open container that contains any 20
amount of an alcoholic beverage by another occupant of the motor vehicle. 21
(b) (1) This subsection does not apply to the driver of a motor vehicle. 22
(2) Except as otherwise provided in subsection (c) of this section, an 23
occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a 24
motor vehicle on a highway. 25
(3) AN OCCUPANT OF A MOTOR VEHICLE MAY NOT SMOKE CANNABIS 26
IN A PASSENGER AREA OF A MOTOR VEHICLE O N A HIGHWAY. 27
(c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is 28
not the driver, in: 29
48 HOUSE BILL 837
(1) a motor vehicle designed, maintained, and used primarily for the 1
transportation of a person for compensation, including: 2
(i) a bus; 3
(ii) a taxicab; or 4
(iii) a limousine; or 5
(2) the living quarters of a motor home, motor coach, or recreational vehicle. 6
(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 7
Article, or any other provision of law, the prohibitions contained in this section apply 8
throughout the State. 9
(e) A violation of this section is not: 10
(1) a moving violation for the purposes of § 16–402 of the Transportation 11
Article; or 12
(2) a traffic violation for the purposes of the Maryland Vehicle Law. 13
Article – Health – General 14
SUBTITLE 46. COMMUNITY REINVESTMENT AND REPAIR FUND. 15
13–4601. 16
(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 17
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO 18
COMMUNITY –BASED ORGANIZATIONS THAT SERVE COMMUNITI ES DETERMINED BY 19
THE OFFICE OF THE ATTORNEY GENERAL TO HAVE BEEN THE MOST IMPACTED BY 20
DISPROPORTIONATE ENF ORCEMENT OF THE CANN ABIS PROHIBITION BEF ORE JULY 21
1, 2022. 22
(3) THE COMPTROLLER SHALL ADM INISTER THE FUND. 23
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 24
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
(II) THE STATE TREASURER SHALL HOLD THE FUND 26
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
(5) THE FUND CONSISTS OF : 28
HOUSE BILL 837 49
(I) REVENUE DISTRIBUTED T O THE FUND THAT IS AT LEAST 1
30% OF THE REVENUES FROM ADULT–USE CANNABIS; 2
(II) LICENSING FEES PAID B Y DUAL–LICENSED CANNABIS 3
ESTABLISHMENTS ; AND 4
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 5
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 6
BY THE COMPTROLLER FOR THE A CCEPTANCE OF DONATIO NS OR GIFTS TO THE 7
FUND. 8
(6) (I) THE FUND MAY BE USED ONLY FOR: 9
1. FUNDING C OMMUNITY–BASED INITIATIVES 10
INTENDED TO BENEFIT LOW–INCOME COMMUNITIES ; 11
2. FUNDING COMMUNITY –BASED INITIATIVES TH AT 12
SERVE COMMUNITIES DI SPROPORTIONATELY HAR MED BY THE CANNABIS 13
PROHIBITION AND ENFO RCEMENT; AND 14
3. ANY RELATED ADMINISTR ATIVE EXPENSES . 15
(II) MONEY MAY NOT BE EXPE NDED FROM THE FUND FOR LAW 16
ENFORCEMENT AGENCIES OR ACTIVITIES. 17
(III) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO 18
AND MAY NOT SUPPLANT FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR 19
PREEXISTING LOCAL GO VERNMENT PROG RAMS. 20
(7) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 21
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 23
(I) THE GENERAL FUND OF THE STATE; OR 24
(II) ANY OTHER SPECIAL FUN D OF THE STATE. 25
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND. 26
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 27
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 28
50 HOUSE BILL 837
(B) (1) THE COMPTROLLER SHALL DIS TRIBUTE FUNDS F ROM THE FUND 1
TO EACH COUNTY IN AN AMOUNT THAT , FOR THE PERIOD FROM JULY 1, 2002, TO 2
JUNE 30, 2022, BOTH INCLUSIVE , IS PROPORTIONATE TO THE TOTAL NUMBER OF 3
MARIJUANA ARRESTS IN THE COUNTY COMPARED TO THE TOTAL NUMBER OF 4
MARIJUANA ARRESTS IN THE STATE. 5
(2) (I) SUBJECT TO THE LIMITA TIONS UNDER SUBSECTI ON (A)(6) 6
OF THIS SECTION, EACH COUNTY SHALL AD OPT A LAW ESTABLISHI NG THE PURPOSE 7
FOR WHICH MONEY RECE IVED FROM THE FUND MAY BE USED . 8
(II) ON OR BEFORE DECEMBER 1 EVERY 2 YEARS, BEGINNING IN 9
2024, EACH LOCAL JURISDICTION SH ALL SUBMIT A REPORT TO THE GOVERNOR AND , 10
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 11
BUDGET AND TAXATION COMMITTEE, THE SENATE FINANCE COMMITTEE, THE 12
HOUSE JUDICIARY COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT 13
OPERATIONS COMMITTEE ON HOW FUND S RECEIVED FROM THE FUND WERE SPENT 14
DURING THE IMMEDIATE LY PRECEDING 2 FISCAL YEARS. 15
Article – Transportation 16
21–903. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented 19
liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for 20
beverage purposes. 21
(3) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THE 22
CRIMINAL LAW ARTICLE. 23
[(3)] (4) (i) “Passenger area” means an area that: 24
1. Is designed to seat the driver and any passenger of a motor 25
vehicle while the motor vehicle is in operation; or 26
2. Is readily accessible to the driver or a passenger of a motor 27
vehicle while in their seating positions. 28
(ii) “Passenger area” does not include: 29
1. A locked glove compartment; 30
2. The trunk of a motor vehicle; or 31
HOUSE BILL 837 51
3. If a motor vehicle is not equipped with a trunk, the area 1
behind the rearmost upright seat or an area that is not normally occupied by the driver or a 2
passenger of the motor vehicle. 3
(b) This section applies to a motor vehicle that is driven, stopped, standing, or 4
otherwise located on a highway. 5
(c) A driver of a motor vehicle may not consume an alcoholic beverage, OR SMOKE 6
OR CONSUME CANNABIS , in a passenger area of a motor vehicle on a highway. 7
(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 8
Article, or any other provision of law, the prohibition contained in this section applies 9
throughout the State. 10
SECTION 6. 7. AND BE IT FURTHER ENACTED, That the terms of the initial 11
appointed members of the Cannabis Public Health Advisory Council shall expire as follows: 12
(1) three members in 2025; 13
(2) three members in 2026; and 14
(3) four members in 2027. 15
SECTION 8. AND BE IT FURTHER ENACTED, That, if the voters ratify Chapter 16
___ (H.B. 1) of the Acts of the General Assembly of 2022, legalizing cannabis in the State, it 17
is the intent of the General Assembly that: 18
(1) the Office of the Executive Director of the Alcohol and Tobacco 19
Commission shall be the successor of the Natalie M. LaPrade Medical Cannabis 20
Commission in matters concerning the regulation of medical cannabis; 21
(2) the transfer of personnel from the Natalie M. LaPrade Medical Cannabis 22
Commission to the Office of the Executive Director of the Alcohol and Tobacco Commission 23
shall be studied jointly by the Commissions; and 24
(3) on or before January 1, 2023, the Commissions shall make a 25
recommendation to the General Assembly, in accordance with § 2–1257 of the State 26
Government Article, on how to transfer personnel in a manner that: 27
(i) will minimize the costs of the transfer and result in a more 28
cost–efficient operation for the regulation of cannabis for the protection of the public health, 29
safety, and welfare of the State; 30
(ii) does not result in any diminution of pay, working conditions, 31
benefits, rights, or status; and 32
52 HOUSE BILL 837
(iii) allows personnel to retain any merit system and retirement status 1
they may have on the date of transfer. 2
SECTION 7. 8. 9. AND BE IT FURTHER ENACTED, That: 3
(a) The certification agency designated by the Board of Public Works under § 4
14–303(b) of the State Finance and Procurement Article, in consultation with the 5
Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, 6
and the Office of the Attorney General, shall review the Business Disparities in the 7
Maryland Market Area study completed on February 8, 2017, the Analysis of the Maryland 8
Medical Cannabis Industry report completed on December 8, 2017, and the analysis of the 9
industry report completed on January 17, 2018, to evaluate whether the data and analyses 10
in the study and reports are sufficient to determine whether the enactment of remedial 11
measures to assist minorities and women in the adult–use cannabis industry and market 12
would comply with the requirements of City of Richmond v. J. A. Croson Co., 488 U.S. 469, 13
and any subsequent federal or constitutional requirements. 14
(b) (1) If a determination is made that the data and analyses in the study and 15
reports reviewed under subsection (a) of this section are sufficient to determine whether 16
the enactment of remedial measures to assist minorities and women in the adult–use 17
cannabis industry and market would comply with the requirements of the Croson decision 18
and any subsequent federal or constitutional requirements, the certification agency shall 19
submit the findings of the review to the Legislative Policy Committee, in accordance with 20
§ 2–1257 of the State Government Article, on or before July 1, 2022, so that the General 21
Assembly may review the findings before the 2023 legislative session. 22
(2) (i) If a determination is made that the data and analyses in the 23
study and reports reviewed under subsection (a) of this section are insufficient to determine 24
whether the enactment of remedial measures to assist minorities and women in the 25
adult–use cannabis industry and market would comply with the requirements of the Croson 26
decision and any subsequent federal or constitutional requirements, the certification 27
agency and the Department of Legislative Services, in consultation with the Governor’s 28
Office of Small, Minority, and Women Business Affairs, the General Assembly, and the 29
Office of the Attorney General, shall initiate a study of the cannabis industry to evaluate 30
whether the enactment of remedial measures to assist minorities and women in the 31
adult–use cannabis industry and market would comply with the requirements of the Croson 32
decision and any subsequent federal or constitutional requirements. 33
(ii) The certification agency shall submit the findings of the study 34
initiated in accordance with subparagraph (i) of this paragraph to the Legislative Policy 35
Committee, in accordance with § 2–1257 of the State Government Article, on or before 36
November 1, 2022, so that the General Assembly may review the findings before the 2023 37
legislative session. 38
(c) (1) The Natalie M. LaPrade Medical Cannabis Commission shall require 39
licensed growers, processors, and dispensaries and preapproved applicants for licensure 40
under Title 13, Subtitle 33 of the Health – General Article to provide to the Commission 41 HOUSE BILL 837 53
any information determined to be necessary to continue to assess the need for remedial 1
measures in the cannabis industry and market that may include the following data broken 2
down by State fiscal year for the period beginning July 1, 2016, and ending June 30, 2022: 3
(i) a list of the licensee’s or applicant’s expenditures for each State 4
fiscal year; and 5
(ii) for each expenditure, a description of the work performed, the 6
dollar value of the expenditure, whether the work was performed by the licensee or a 7
contractor or subcontractor, and, if performed by a contractor or subcontractor, the name 8
of the entity that performed the work. 9
(2) Each licensed grower, processor, and dispensary and preapproved 10
applicant for licensure under Title 13, Subtitle 33 of the Health – General Article shall 11
provide the data requested under paragraph (1) of this subsection to the Commission on or 12
before July 1, 2022. 13
(3) The Commission shall provide the data collected under paragraph (1) 14
of this subsection to the certification agency on or before July 15, 2022. 15
(4) All data provided by each licensed grower, processor, and dispensary 16
and preapproved applicant for licensure under Title 13, Subtitle 33 of the Health – General 17
Article under this subsection: 18
(i) shall constitute confidential commercial information and 19
confidential financial information and be treated as confidential by the Commission and 20
the State; and 21
(ii) may be used only for purposes authorized under this section and 22
be disclosed to the public only in an anonymized or aggregated format. 23
(d) The Governor’s Office of Small, Minority, and Women Business Affairs, in 24
consultation with the certification agency and the Office of the Attorney General, shall 25
develop race– and gender–neutral approaches to address the needs of minority and women 26
applicants and minority– and women–owned businesses seeking to participate in the 27
adult–use cannabis industry and submit a report of its findings to the Legislative Policy 28
Committee, in accordance with § 2–1257 of the State Government Article, on or before 29
October 15, 2022, so that the General Assembly may review, consider, and adopt race– and 30
gender–neutral alternatives in any legislation adopted concerning the adult–use cannabis 31
industry. 32
SECTION 8. 9. 10. AND BE IT FURTHER ENACTED, That: 33
(a) The Natalie M. LaPrade Medical Cannabis Commission shall study and make 34
recommendations on: 35
54 HOUSE BILL 837
(1) a home grow program to authorize qualifying patients to grow cannabis 1
plants for personal use, including best practices implemented in other states; 2
(2) the establishment of on–site cannabis consumption facilities; and 3
(3) methods to reduce the use of cannabis by minors, including best 4
practices regarding requirements related to advertising, potency, packaging, labeling, and 5
other methods to reduce the appeal of cannabis to minors. 6
(b) The study required under subsection (a) of this section shall identify methods 7
adopted by the Natalie M. LaPrade Medical Cannabis Commission through regulations as 8
well as best practices implemented in other states. 9
(b) (c) On or before November 1, 2022, the Natalie M. LaPrade Medical Cannabis 10
Commission shall report its findings and recommendations for the program to the Governor 11
and, in accordance with § 2–1257 of the State Government Article, the Senate Finance 12
Committee, the Senate Judicial Proceedings Committee, the House Judiciary Committee, 13
and the House Health and Government Operations Committee. 14
SECTION 11. AND BE IT FURTHER ENACTED, That the State may not issue 15
applications for new licenses to an adult–use cannabis cultivator, processor, retailer, or any 16
other adult–use cannabis establishment until the report required under Section 9 of this Act 17
is received and reviewed by the Legislative Policy Committee. 18
SECTION 12. AND BE IT FURTHER ENACTED, That, on or b efore December 1, 19
2022, the Attorney General shall, in accordance with § 2–1257 of the State Government 20
Article, provide to the General Assembly a formal opinion regarding the impact of cannabis 21
legalization on the authority of police officers to conduct searches of individuals and vehicles 22
based on detection of the odor of burnt or unburnt cannabis, including in cases involving 23
suspicion of possession with intent to distribute cannabis, growing or manufacturing 24
cannabis or cannabis products, or driving under the influence of cannabis. 25
SECTION 9. 10. 13. AND BE IT FURTHER ENACTED, That the publishers of the 26
Annotated Code of Maryland, in consultation with and subject to the approval of the 27
Department of Legislative Services, shall correct, with no further action required by the 28
General Assembly, cross–references and terminology rendered incorrect by this Act. 29
References to the term “marijuana” shall be replaced with references to the term 30
“cannabis”. The publishers shall adequately describe any correction that is made in an 31
editor’s note following the section affected. 32
SECTION 10. 11. 14. AND BE IT FURTHER ENACTED, That Sections 2, 3, 4, 5, 33
and 6 6, and 7 7, and 8 of this Act are contingent on the passage of Chapter ___ (H.B. 1) of 34
the Acts of the General Assembly of 2022, a constitutional amendment, and its ratification 35
by the voters of the State. 36
SECTION 11. 12. 15. AND BE IT FURTHER ENACTED, That, subject to the 37
provisions of Section 10 11 14 of this Act, Section 3 of this Act shall take effect January 1, 38 HOUSE BILL 837 55
2023. Section 3 of this Act shall remain effective for a period of 6 months and, at the end of 1
June 30, 2023, Section 3 of this Act, with no further action required by the General 2
Assembly, shall be abrogated and of no further force and effect. 3
SECTION 12. 13. 16. AND BE IT FURTHER ENACTED, That, subject to the 4
provisions of Section 10 11 14 of this Act, Section 4 of this Act shall take effect July 1, 2023. 5
SECTION 14. 17. AND BE IT FURTHER ENACTED, That, subject to the provisions 6
of Section 11 14 of this Act, Section 6 of this Act shall take effect July 1, 2028 2023. 7
SECTION 13. 15. 18. AND BE IT FURTHER ENACTED, That, subject to the 8
provisions of Section 10 11 14 of this Act, Sections 2, 5, and 6 7 of this Act shall take effect 9
January 1, 2023. 10
SECTION 14. 16. 19. AND BE IT FURTHER ENACTED, That, except as provided 11
in Sections 11, 12, and 13 12, 13, 14, and 15 15, 16, 17, and 18 of this Act, this Act shall 12
take effect June 1, 2022. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.