MD
Maryland House Bill HB837

Maryland 2022 Regular Session

Maryland House Bill HB837 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 26
2-
3-– 1 –
4-Chapter 26
5-(House Bill 837)
6-
7-AN ACT concerning
8-
9-Cannabis Reform
10-
11-FOR the purpose of requiring the Natalie M. LaPrade Medical Cannabis Commission, in
12-consultation with certain stakeholders, to conduct a certain baseline study of
13-cannabis use in the State; establishing the Cannabis Business Assistance Fund in
14-the Department of Commerce as a special, nonlapsing fund to provide assistance to
15-small, minority, and women–owned businesses entering the adult–use cannabis
16-industry; altering certain provisions relating to penalties, charging procedures,
17-expungement, shielding, and sentencing for certain offenses involving marijuana;
18-legalizing the use and possession of a certain quantity of marijuana by a person who
19-is at least a certain age; establishing the Cannabis Public Health Advisory Council;
20-establishing the Cannabis Public Health Fund; establishing the Community
21-Reinvestment and Repair Fund; adding the smoking of cannabis and hemp to certain
22-provisions of law prohibiting smoking in certain indoor areas; allowing a subtraction
23-modification under the Maryland income tax for certain expenses paid or incurred
24-during the taxable year in carrying on a trade or business as a certain medical
25-cannabis grower, processor, dispensary, or independent testing laboratory; and
26-generally relating to cannabis.
27-
28-BY adding to
29- Article – Health – General
30-Section 13–4401 to be under the new subtitle “Subtitle 44. Cannabis Use Baseline
31-Study”; and 13–4501 through 13–4506 to be under the new subtitle “Subtitle
32-45. Cannabis Public Health Advisory Council”; and 13–4601 to be under the
33-new subtitle “Subtitle 46. Community Reinvestment and Repair Fund”
34- Annotated Code of Maryland
35- (2019 Replacement Volume and 2021 Supplement)
36-
37-BY repealing and reenacting, without amendments,
38- Article – Tax – General
39- Section 10–208(a) and 10–308(a)
40- Annotated Code of Maryland
41- (2016 Replacement Volume and 2021 Supplement)
42-
43-BY adding to
44- Article – Tax – General
45- Section 10–208(bb)
46- Annotated Code of Maryland
47- (2016 Replacement Volume and 2021 Supplement)
48-
49-BY repealing and reenacting, with amendments, Ch. 26 2022 LAWS OF MARYLAND
50-
51-– 2 –
52- Article – Tax – General
53- Section 10–308(b)
54- Annotated Code of Maryland
55- (2016 Replacement Volume and 2021 Supplement)
56-
57-BY adding to
58- Article – Economic Development
59-Section 5–1901 to be under the new subtitle “Subtitle 19. Cannabis Business
60-Assistance Fund”
61- Annotated Code of Maryland
62- (2018 Replacement Volume and 2021 Supplement)
63-
64-BY repealing and reenacting, without amendments,
65- Article – State Finance and Procurement
66- Section 6–226(a)(2)(i)
67- Annotated Code of Maryland
68- (2021 Replacement Volume)
69-
70-BY repealing and reenacting, with amendments,
71- Article – State Finance and Procurement
72- Section 6–226(a)(2)(ii)144. and 145.
73- Annotated Code of Maryland
74- (2021 Replacement Volume)
75-
76-BY adding to
77- Article – State Finance and Procurement
78- Section 6–226(a)(2)(ii)146. and 147. through 148.
79- Annotated Code of Maryland
80- (2021 Replacement Volume)
81-
82-BY repealing and reenacting, without amendments,
83- Article – Criminal Law
84-Section 5–101(a) and 5–601(a) and (c)(1)
85- Annotated Code of Maryland
86- (2021 Replacement Volume and 2021 Supplement)
87-
88-BY repealing and reenacting, with amendments,
89- Article – Criminal Law
90-Section 5–101(p) and (s) through (u), 5–601(a), (c)(2) and (4), and (d), 5–601.1, 5–602,
91-5–603, and 5–607 5–607, 5–619(c), and 5–620 5–620, 10–123, and 10–125
92- Annotated Code of Maryland
93- (2021 Replacement Volume and 2021 Supplement)
94-
95-BY repealing and reenacting, without amendments,
96- Article – Courts and Judicial Proceedings
97-Section 3–8A–01(a) LAWRENCE J. HOGAN, JR., Governor Ch. 26
98-
99-– 3 –
100- Annotated Code of Maryland
101- (2020 Replacement Volume and 2021 Supplement)
102-
103-BY repealing and reenacting, with amendments,
104- Article – Courts and Judicial Proceedings
105-Section 3–8A–01(dd) and 3–8A–33(a)
106- Annotated Code of Maryland
107- (2020 Replacement Volume and 2021 Supplement)
108-
109-BY repealing
110- Article – Criminal Law
111-Section 5–101(r)
112- Annotated Code of Maryland
113- (2021 Replacement Volume and 2021 Supplement)
114-
115-BY adding to
116- Article – Criminal Law
117-Section 5–101(r) 5–101(e–1), (e–2), and (u), 5–601.2, and 5–602(c)
118- Annotated Code of Maryland
119- (2021 Replacement Volume and 2021 Supplement)
120-
121-BY repealing and reenacting, with amendments,
122- Article – Criminal Procedure
123-Section 4–101(c), 10–101(e), 10–105(a)(12) and (c)(8), 10–107, 10–110(a) and (c), and
124-10–111
125- Annotated Code of Maryland
126- (2018 Replacement Volume and 2021 Supplement)
127-
128-BY repealing and reenacting, without amendments,
129- Article – Criminal Procedure
130- Section 10–101(a) and (d)
131- Annotated Code of Maryland
132- (2018 Replacement Volume and 2021 Supplement)
133-
134-BY adding to
135- Article – Criminal Procedure
136-Section 10–105.3 and 10–112
137- Annotated Code of Maryland
138- (2018 Replacement Volume and 2021 Supplement)
139-
140-BY repealing and reenacting, with amendments,
141- Article – Health – General
142-Section 24–501 through 24–503, 24–507, and 24–510
143- Annotated Code of Maryland
144- (2019 Replacement Volume and 2021 Supplement)
145- Ch. 26 2022 LAWS OF MARYLAND
146-
147-– 4 –
148-BY repealing and reenacting, without amendments,
149- Article – Health – General
150-Section 24–504, 24–505, and 24–508
151- Annotated Code of Maryland
152- (2019 Replacement Volume and 2021 Supplement)
153-
154-BY repealing and reenacting, with amendments,
155- Article – Criminal Law
156-Section 5–101(e–2) and (u)
157-Annotated Code of Maryland
158-(2021 Replacement Volume and 2021 Supplement)
159- (As enacted by Section 4 of this Act)
160-
161-BY repealing
162- Article – Criminal Law
163-Section 5–601.2
164- Annotated Code of Maryland
165-(2021 Replacement Volume and 2021 Supplement)
166- (As enacted by Section 4 of this Act)
167-
168-BY repealing and reenacting, with amendments,
169- Article – Transportation
170- Section 21–903
171- Annotated Code of Maryland
172- (2020 Replacement Volume and 2021 Supplement)
173-
174- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
175-That the Laws of Maryland read as follows:
176-
177-Article – Health – General
178-
179-SUBTITLE 44. CANNABIS USE BASELINE STUDY.
180-
181-13–4401.
182-
183- (A) THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, IN
184-CONSULTATION WITH TH E DEPARTMENT , THE BEHAVIORAL HEALTH
185-ADMINISTRATION , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
186-VICTIM SERVICES, THE MARYLAND POISON CENTER, THE STATE’S DESIGNATED
187-HEALTH INFORMATION EXCHANGE, AND THE MARYLAND HOSPITAL ASSOCIATION,
188-SHALL CONDUCT , OR CONTRACT WITH AN INSTITUTION OF HIGHE R EDUCATION OR
189-A PRIVATE RESEARCH E NTITY TO CONDUCT , A COMPREHENSIVE BASE LINE STUDY
190-OF CANNABIS USE IN TH E STATE THAT INCLUDES A SURVEY OF:
191- LAWRENCE J. HOGAN, JR., Governor Ch. 26
192-
193-– 5 –
194- (1) PATTERNS OF USE , INCLUDING FREQUENCY OF USE AND DOSING ,
195-METHODS OF CONSUMPTI ON, AND GENERAL PERCEPTI ONS OF CANNABIS AMON G:
196-
197- (I) INDIVIDUALS UNDER THE AGE OF 21 18 YEARS;
198-
199- (II) INDIVIDUALS AT LEAST 18 YEARS OLD AND UNDER THE AGE
200-OF 21 YEARS;
201-
202- (II) (III) INDIVIDUALS AT LEAST 21 YEARS OLD AND UNDER
203-THE AGE OF 55 YEARS;
204-
205- (III) (IV) INDIVIDUALS AT LEAST 55 YEARS OLD;
206-
207- (IV) (V) PREGNANT WOMEN ; AND
208-
209- (V) (VI) BREASTFEEDING WOMEN ;
210-
211- (2) INCIDENTS OF IMPAIRED DRIVING, INCLUDING ARRESTS ,
212-ACCIDENTS, AND FATALITIES, RELATED TO CANNABIS USE;
213-
214- (3) HOSPITALIZATIONS RELA TED TO CANNABIS USE ;
215-
216- (4) CALLS TO POISON CONTR OL CENTERS RELATED T O CANNABIS
217-USE, INCLUDING DATA ON CA LLS RELATED TO INDIV IDUALS UNDER THE AGE OF 21
218-YEARS; AND
219-
220- (5) DIAGNOSES OF CANNABIS USE DISORDER AND PRO BLEM
221-CANNABIS USE.
222-
223- (B) ON OR BEFORE JANUARY MARCH 1, 2023, THE NATALIE M. LAPRADE
224-MEDICAL CANNABIS COMMISSION SHALL SUBM IT A REPORT OF THE F INDINGS OF
225-THE BASELINE ST UDY CONDUCTED UNDER SUBSECTION (A) OF THIS SECTION TO
226-THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
227-ARTICLE, THE SENATE FINANCE COMMITTEE, THE SENATE JUDICIAL
228-PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE
229-HEALTH AND GOVERNMENT OPERATIONS COMMITTEE.
230-
231- (C) ON OR BEFORE JANUARY MARCH 1, 2025, AND EVERY OTHER YEAR
232-THEREAFTER , THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION
233-SHALL:
234-
235- (1) SURVEY THE SAME FACTO RS THAT ARE SET FORT H IN
236-SUBSECTION (A) OF THIS SECTION;
237- Ch. 26 2022 LAWS OF MARYLAND
238-
239-– 6 –
240- (2) USE THE SAME METHODOL OGY OR MODEL THAT IS USED TO
241-CONDUCT THE SURVEY R EQUIRED UNDER SUBSEC TION (A) OF THIS SECTION; AND
242-
243- (3) SUBMIT A REPORT OF TH E FINDINGS OF THE SU RVEY REQUIRED
244-UNDER THIS SUBSECTIO N TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257
245-OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE, THE
246-SENATE JUDICIAL PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY
247-COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS
248-COMMITTEE.
249-
250-Article – Tax – General
251-
252-10–208.
253-
254- (a) In addition to the modification under § 10–207 of this subtitle, the amounts
255-under this section are subtracted from the federal adjusted gross income of a resident to
256-determine Maryland adjusted gross income.
257-
258- (BB) (1) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS SEC TION
259-INCLUDES THE AMOUNT OF ORDINARY AND NECE SSARY EXPENSES PAID OR
260-INCURRED DURING THE TAXABLE YEAR IN CARR YING ON A TRADE OR A BUSINESS AS
261-A MEDICAL CANNABIS G ROWER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S
262-ESTABLISHMENT LICENS ED BY THE STATE, IF THE DEDUCTION FOR ORDINA RY AND
263-NECESSARY EXPENSES I S DISALLOWED UNDER § 280E OF THE INTERNAL REVENUE
264-CODE.
265-
266- (2) THE SUBTRACTION ALLOW ED UNDER PARAGRAPH (1) OF THIS
267-SUBSECTION INCLUDES A REASONABLE ALLOWAN CE FOR SALARIES OR O THER
268-COMPENSATION FOR PER SONAL SERVICES ACTUALLY REND ERED DURING THE
269-TAXABLE YEAR.
270-
271- (3) THE SUBTRACTION ALLOW ED UNDER THIS SUBSEC TION IS
272-APPLICABLE TO ALL TA XABLE YEARS BEGINNIN G AFTER DECEMBER 31, 2021.
273-
274-10–308.
275-
276- (a) In addition to the modification under § 10–307 of this subtitle, the amounts
277-under this section are subtracted from the federal taxable income of a corporation to
278-determine Maryland modified income.
279-
280- (b) The subtraction under subsection (a) of this section includes the amounts
281-allowed to be subtracted for an individual under:
282- LAWRENCE J. HOGAN, JR., Governor Ch. 26
283-
284-– 7 –
285- (1) § 10–208(d) of this title (Enhanced agricultural management equipment
286-expenses);
287-
288- (2) § 10–208(i) of this title (Reforestation or timber stand expenses);
289-
290- (3) § 10–208(k) of this title (Wage expenses for targeted jobs);
291-
292- (4) § 10–208(p) of this title (Elevator handrails in health care facilities);
293-[and]
294-
295- (5) § 10–208(z) of this title (Donations to diaper banks and other charitable
296-entities); AND
297-
298- (6) § 10–208(BB) OF THIS TITLE (TRADE OR BUSINESS EXP ENSES OF
299-MEDICAL CANNABIS GRO WER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S
300-ESTABLISHMENT ).
301-
302- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
303-as follows:
304-
305-Article – Economic Development
306-
307-SUBTITLE 19. CANNABIS BUSINESS ASSISTANCE FUND.
308-
309-5–1901.
310-
311- (A) IN THIS SECTION , “FUND” MEANS THE CANNABIS BUSINESS
312-ASSISTANCE FUND.
313-
314- (B) THERE IS A CANNABIS BUSINESS ASSISTANCE FUND.
315-
316- (C) THE PURPOSE OF THE FUND IS TO ASSIST SMA LL, MINORITY–OWNED,
317-AND WOMEN –OWNED BUSINESSES ENT ERING THE ADULT –USE CANNABIS INDUSTR Y.
318-
319- (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND.
320-
321- (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
322-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
323-
324- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
325-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
326-
327- (F) THE FUND CONSISTS OF :
328-
329- (1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND Ch. 26 2022 LAWS OF MARYLAND
330-
331-– 8 –
332-
333- (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
334-THE BENEFIT OF THE FUND.
335-
336- (G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND
337-MAY BE USED ONLY FOR :
338-
339- (I) GRANTS OR LOANS TO S MALL, MINORITY–OWNED, OR
340-WOMEN–OWNED BUSINESSES FOR :
341-
342- 1. LICENSE APPLICATION ASSISTANCE FOR
343-PARTICIPATION IN THE ADULT–USE CANNABIS INDUSTR Y;
344-
345- 2. ASSISTANCE WITH THE OPERATING OR CAPITAL
346-EXPENSES OF A BUSINESS PARTICIPATI NG IN THE ADULT–USE CANNABIS INDUSTR Y;
347-OR
348-
349- 3. TARGETED TRAINING TO SUPPORT PARTICIPATIO N IN
350-THE ADULT–USE CANNABIS INDUSTR Y; AND
351-
352- (II) GRANTS TO HISTORICAL LY BLACK COLLEGES AN D
353-UNIVERSITIES FOR CAN NABIS–RELATED PROGRAMS AND BUSINESS DEVELOPMENT
354-ORGANIZATIONS , INCLUDING INCUBATORS , TO TRAIN AND ASSIST SMALL,
355-MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS SEEKING TO
356-BECOME LICENSED TO P ARTICIPATE IN THE AD ULT–USE CANNABIS INDUSTR Y.
357-
358- (2) THE DEPARTMENT :
359-
360- (I) SHALL PRIORITIZE AWARDING GRANTS AND LOANS IN
361-ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION T O:
362-
363- 1. POPULATIONS THAT HAV E BEEN HISTORICALLY
364-DISPROPORTIONATELY I MPACTED BY THE ENFOR CEMENT OF LAWS CRIMI NALIZING
365-THE USE OF CANNABIS ; AND
366-
367- (II) MAY AWARD GRANTS OR LOANS TO
368-
369- 2. INDIVIDUALS WHO HAVE BEEN CONVICTED OF A
370-VIOLATION OF A LAW C RIMINALIZING THE USE OF CANNABIS; AND
371-
372- (III) (II) MAY NOT AWARD GRANTS OR LOANS TO SMALL ,
373-MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS WITH HIGH A
374-PERSONAL NET WORTH EXCEEDING $1,700,000. LAWRENCE J. HOGAN, JR., Governor Ch. 26
375-
376-– 9 –
377-
378- (3) IN ORDER TO AWARD GRA NTS AND LOANS IN ACC ORDANCE WITH
379-PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL DEVE LOP
380-PARTNERSHIPS WITH :
381-
382- (I) TRADITIONAL MINORITY –SERVING INSTITUTIONS IN THE
383-STATE AND SURR OUNDING JURISDICTION S, INCLUDING HISTORICAL LY BLACK
384-COLLEGES AND UNIVERS ITIES;
385-
386- (II) TRADE ASSOCIATIONS R EPRESENTING MINORITY AND
387-WOMEN–OWNED BUSINESSES ; AND
388-
389- (III) THE GOVERNOR’S OFFICE OF SMALL, MINORITY, AND
390-WOMEN BUSINESS AFFAIRS.
391-
392- (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
393-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
394-
395- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
396-THE FUND.
397-
398- (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
399-WITH THE STATE BUDGET.
400-
401-Article – State Finance and Procurement
402-
403-6–226.
404-
405- (a) (2) (i) Notwithstanding any other provision of law, and unless
406-inconsistent with a federal law, grant agreement, or other federal requirement or with the
407-terms of a gift or settlement agreement, net interest on all State money allocated by the
408-State Treasurer under this section to special funds or accounts, and otherwise entitled to
409-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
410-Fund of the State.
411-
412- (ii) The provisions of subparagraph (i) of this paragraph do not apply
413-to the following funds:
414-
415- 144. the Health Equity Resource Community Reserve Fund;
416-[and]
417-
418- 145. the Access to Counsel in Evictions Special Fund;
419-
420- 146. THE CANNABIS BUSINESS ASSISTANCE FUND; AND
421- Ch. 26 2022 LAWS OF MARYLAND
422-
423-– 10 –
424- 147. THE CANNABIS PUBLIC HEALTH FUND; AND
425-
426- 148. THE COMMUNITY REINVESTMENT AND REPAIR FUND.
427-
428- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
429-as follows:
430-
431-Article – Criminal Law
432-
433-5–101.
434-
435- (a) In this title the following words have the meanings indicated.
436-
437- (E–2) “CIVIL USE AMOUNT ” MEANS:
438-
439- (1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES
440-BUT DOES NOT EXCEED 2.5 OUNCES;
441-
442- (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12
443-GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR
444-
445- (3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G
446-DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES
447-NOT EXCEED 1,250 MILLIGRAMS.
448-
449- (U) “PERSONAL USE AMOUNT ” MEANS:
450-
451- (1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5
452-OUNCES;
453-
454- (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT
455-EXCEED 12 GRAMS; OR
456-
457- (3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G
458-DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS.
459-
460-5–601.
461-
462- (a) Except as otherwise provided in this title, a person may not:
463-
464- (1) possess or administer to another a controlled dangerous substance,
465-unless obtained directly or by prescription or order from an authorized provider acting in
466-the course of professional practice; or
467- LAWRENCE J. HOGAN, JR., Governor Ch. 26
468-
469-– 11 –
470- (2) obtain or attempt to obtain a controlled dangerous substance, or
471-procure or attempt to procure the administration of a controlled dangerous substance by:
472-
473- (i) fraud, deceit, misrepresentation, or subterfuge;
474-
475- (ii) the counterfeiting or alteration of a prescription or a written
476-order;
477-
478- (iii) the concealment of a material fact;
479-
480- (iv) the use of a false name or address;
481-
482- (v) falsely assuming the title of or representing to be a
483-manufacturer, distributor, or authorized provider; or
484-
485- (vi) making, issuing, or presenting a false or counterfeit prescription
486-or written order.
487-
488- (c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a
489-person who violates this section is guilty of a misdemeanor and on conviction is subject to:
490-
491- (i) for a first conviction, imprisonment not exceeding 1 year or a fine
492-not exceeding $5,000 or both;
493-
494- (ii) for a second or third conviction, imprisonment not exceeding 18
495-months or a fine not exceeding $5,000 or both; or
496-
497- (iii) for a fourth or subsequent conviction, imprisonment not
498-exceeding 2 years or a fine not exceeding $5,000 or both.
499-
500- (2) (i) Except as provided in subparagraph (ii) of this paragraph, a
501-person whose violation of this section involves the use or possession of [marijuana]
502-CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is
503-subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
504-
505- (ii) 1. A [first] finding of guilt under this section involving the
506-use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF
507-CANNABIS THE PERSONAL USE AMO UNT OF CANNABIS is a civil offense punishable by
508-a fine not exceeding $100.
509-
510- 2. A [second] finding of guilt under this section involving the
511-use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT
512-MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil
513-offense punishable by a fine not exceeding $250.
514- Ch. 26 2022 LAWS OF MARYLAND
515-
516-– 12 –
517- 3. [A third or subsequent finding of guilt under this section
518-involving the use or possession of less than 10 grams of marijuana is a civil offense
519-punishable by a fine not exceeding $500.
520-
521- 4.] A. In addition to a fine, a court shall MAY order a
522-person under the age of 21 years who commits a violatio n punishable under
523-subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program
524-approved by the Maryland Department of Health, refer the person to an assessment for
525-substance abuse disorder, and refer the person to substance abuse treatment, if necessary.
526-
527- B. [In addition to a fine, a court shall order a person at least
528-21 years old who commits a violation punishable under subsubparagraph 3 of this
529-subparagraph to attend a drug education program approved by the Maryland Department
530-of Health, refer the person to an assessment for substance abuse disorder, and refer the
531-person to substance abuse treatment, if necessary.
532-
533- C.] A court that orders a person to a drug education program
534-or substance abuse assessment or treatment under this subsubparagraph may hold the
535-case sub curia pending receipt of proof of completion of the program, assessment, or
536-treatment.
537-
538- (4) [A violation of this section involving the] THE smoking of [marijuana]
539-CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]:
540-
541- (I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50
542-$250; AND
543-
544- (II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE
545-NOT EXCEEDING $150 $500.
546-
547- (d) The provisions of subsection (c)(2)(ii) of this section [making the possession of
548-marijuana a civil offense] may not be construed to affect the laws relating to:
549-
550- (1) operating a vehicle or vessel while under the influence of or while
551-impaired by a controlled dangerous substance; or
552-
553- (2) seizure and forfeiture.
554-
555- SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
556-as follows:
557-
558-Article – Criminal Law
559-
560-5–101.
561- LAWRENCE J. HOGAN, JR., Governor Ch. 26
562-
563-– 13 –
564- (a) In this title the following words have the meanings indicated.
565-
566- (E–2) “CIVIL USE AMOUNT ” MEANS:
567-
568- (1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES
569-BUT DOES NOT EXCEED 2.5 OUNCES;
570-
571- (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12
572-GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR
573-
574- (3) AN AMOUNT OF CANNABI S PRODUCTS CO NTAINING
575-DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES
576-NOT EXCEED 1,250 MILLIGRAMS; OR
577-
578- (4) TWO OR FEWER CANNABI S PLANTS.
579-
580- (U) “PERSONAL USE AMOUNT ” MEANS:
581-
582- (1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5
583-OUNCES;
584-
585- (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT
586-EXCEED 12 GRAMS;
587-
588- (3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G
589-DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS; OR
590-
591- (4) TWO OR FEWER CANNABI S PLANTS.
592-
593-5–601.
594-
595- (a) Except as otherwise provided in this title, a person may not:
596-
597- (1) possess or administer to another a controlled dangerous substance,
598-unless:
599-
600- (I) obtained directly or by prescription or order from an authorized
601-provider acting in the course of professional practice; or
602-
603- (II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS,
604-THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED IS 1.5
605-OUNCES OR LESS IS THE PERSONAL USE AMOUNT; OR
606-
607- (2) obtain or attempt to obtain a controlled dangerous substance, or
608-procure or attempt to procure the administration of a controlled dangerous substance by: Ch. 26 2022 LAWS OF MARYLAND
609-
610-– 14 –
611-
612- (i) fraud, deceit, misrepresentation, or subterfuge;
613-
614- (ii) the counterfeiting or alteration of a prescription or a written
615-order;
616-
617- (iii) the concealment of a material fact;
618-
619- (iv) the use of a false name or address;
620-
621- (v) falsely assuming the title of or representing to be a
622-manufacturer, distributor, or authorized provider; or
623-
624- (vi) making, issuing, or presenting a false or counterfeit prescription
625-or written order.
626-
627- (c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a
628-person who violates this section is guilty of a misdemeanor and on conviction is subject to:
629-
630- (i) for a first conviction, imprisonment not exceeding 1 year or a fine
631-not exceeding $5,000 or both;
632-
633- (ii) for a second or third conviction, imprisonment not exceeding 18
634-months or a fine not exceeding $5,000 or both; or
635-
636- (iii) for a fourth or subsequent conviction, imprisonment not
637-exceeding 2 years or a fine not exceeding $5,000 or both.
638-
639- (2) (i) Except as provided in subparagraph (ii) of this paragraph, a
640-person whose violation of this section involves the use or possession of [marijuana]
641-CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is
642-subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
643-
644- (ii) 1. A [first] finding of guilt under this section involving the
645-use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF
646-CANNABIS THE PERSONAL USE AMO UNT OF CANNABIS BY A PERSON UNDER TH E AGE
647-OF 21 YEARS is a civil offense punishable by a fine not exceeding $100.
648-
649- 2. A [second] finding of guilt under this section involving the
650-use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT
651-MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil
652-offense punishable by a fine not exceeding $250.
653- LAWRENCE J. HOGAN, JR., Governor Ch. 26
654-
655-– 15 –
656- 3. [A third or subsequent finding of guilt under this section
657-involving the use or possession of less than 10 grams of marijuana is a civil offense
658-punishable by a fine not exceeding $500.
659-
660- 4.] A. In addition to a fine, a court shall MAY order a
661-person under the age of 21 years who commits a violation punishable under
662-subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program
663-approved by the Maryland Department of Health, refer the person to an assessment for
664-substance abuse disorder, and refer the person to substance abuse treatment, if necessary.
665-
666- B. [In addition to a fine, a court shall order a person at least
667-21 years old who commits a violation punishable under subsubparagraph 3 of this
668-subparagraph to attend a drug education program approved by the Maryland Department
669-of Health, refer the person to an assessment for substance abuse disorder, and refer the
670-person to substance abuse treatment, if necessary.
671-
672- C.] A court that orders a person to a drug education program
673-or substance abuse assessment or treatment under this subsubparagraph may hold the
674-case sub curia pending receipt of proof of completion of the program, assessment, or
675-treatment.
676-
677- (4) [A violation of this section involving the] THE smoking of [marijuana]
678-CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]:
679-
680- (I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50
681-$250; AND
682-
683- (II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE
684-NOT EXCEEDING $150 $500.
685-
686- (d) The provisions of subsection (c)(2)(ii) of this section [making the possession of
687-marijuana a civil offense] may not be construed to affect the laws relating to:
688-
689- (1) operating a vehicle or vessel while under the influence of or while
690-impaired by a controlled dangerous substance; or
691-
692- (2) seizure and forfeiture.
693-
694-5–601.2.
695-
696- (A) A PERSON MAY NOT CULTI VATE CANNABIS PLANTS IN A MANNER THAT
697-IS CONTRARY TO THIS SECTION.
698-
699- (B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE
700-THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER Ch. 26 2022 LAWS OF MARYLAND
701-
702-– 16 –
703-PRIVATE PROPERTY , WITHOUT THE USE OF BINOCULAR S, AIRCRAFT, OR OTHER
704-OPTICAL AIDS.
705-
706- (C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES
707-CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS
708-UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY.
709-
710- (2) A PERSON WHO CULTIVATES CANNABIS SHALL TAKE REASONABL E
711-PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS
712-AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS.
713-
714- (D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN
715-POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSON IN
716-LAWFUL POSSESSION OF THE PROPERTY .
717-
718- (E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS
719-PLANTS.
720-
721- (F) (1) A PERSON MAY NOT CULTI VATE MORE THAN TWO C ANNABIS
722-PLANTS.
723-
724- (2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT
725-THE SAME RESIDENCE , NO MORE THAN TWO CAN NABIS PLANTS MAY BE CULTIVATED
726-AT THAT RESIDENCE .
727-
728- (G) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR
729-AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A
730-FINE NOT EXCEEDING $5,000 OR BOTH.
731-
732-5–602.
733-
734- (C) (1) (I) IN THIS SUBSECTION , “ADULT SHARING ” MEANS
735-TRANSFERRING CANNABI S BETWEEN PERSONS WH O ARE 21 YEARS OF AGE OR
736-OLDER WITHOUT REMUNE RATION.
737-
738- (II) “ADULT SHARING ” DOES NOT INCLUDE INS TANCES IN
739-WHICH:
740-
741- 1. CANNABIS IS GIVEN AW AY CONTEMPORANEOUSLY
742-WITH ANOTHER RECIPRO CAL TRANSACTION BETW EEN THE SAME PARTIES ;
743-
744- 2. A GIFT OF CANNABIS I S OFFERED OR ADVERTI SED IN
745-CONJUNCTION WITH AN OFFER FOR THE SALE O F GOODS OR SERVICES ; OR
746- LAWRENCE J. HOGAN, JR., Governor Ch. 26
747-
748-– 17 –
749- 3. A GIFT OF CANNABIS I S CONTINGENT ON A SEPA RATE
750-RECIPROCAL TRANSACTI ON FOR GOODS OR SERV ICES.
751-
752- (2) THIS SECTION DOES NOT PROHIBIT, AND NO CIVIL OR CRIM INAL
753-PENALTY MAY BE IMPOS ED FOR, ADULT SHARING OF THE PERSONAL USE AMOUNT
754-OF CANNABIS.
755-
756- SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
757-as follows:
758-
759-Article – Courts and Judicial Proceedings
760-
761-3–8A–01.
762-
763- (a) In this subtitle the following words have the meanings indicated, unless the
764-context of their use indicates otherwise.
765-
766- (dd) “Violation” means a violation for which a citation is issued under:
767-
768- (1) § 5–601 of the Criminal Law Article involving the use or possession of
769-[less than 10 grams of marijuana] CANNABIS;
770-
771- (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
772-
773- (3) § 10–132 of the Criminal Law Article;
774-
775- (4) § 10–136 of the Criminal Law Article; or
776-
777- (5) § 26–103 of the Education Article.
778-
779-3–8A–33.
780-
781- (a) A law enforcement officer authorized to make arrests shall issue a citation to
782-a child if the officer has probable cause to believe that the child is violating:
783-
784- (1) § 5–601 of the Criminal Law Article involving the use or possession of
785-[less than 10 grams of marijuana] CANNABIS;
786-
787- (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
788-
789- (3) § 10–132 of the Criminal Law Article;
790-
791- (4) § 10–136 of the Criminal Law Article; or
792-
793- (5) § 26–103 of the Education Article.
794- Ch. 26 2022 LAWS OF MARYLAND
795-
796-– 18 –
797-Article – Criminal Law
798-
799-5–101.
800-
801- (a) In this title the following words have the meanings indicated.
802-
803- (E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY
804-PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS ,
805-ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH
806-A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A
807-DRY WEIGHT BASIS.
808-
809- (2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101
810-OF THE AGRICULTURE ARTICLE.
811-
812- (p) (1) “Drug paraphernalia” means equipment, a product, or material that is
813-used, intended for use, or designed for use, in:
814-
815- (i) planting, propagating, cultivating, growing, harvesting,
816-manufacturing, compounding, converting, producing, processing, preparing, packaging,
817-repackaging, storing, containing, or concealing a controlled dangerous substance in
818-violation of this title; or
819-
820- (ii) injecting, ingesting, inhaling, or otherwise introducing into the
821-human body a controlled dangerous substance in violation of this title.
822-
823- (2) “Drug paraphernalia” includes:
824-
825- (i) a kit used, intended for use, or designed for use in planting,
826-propagating, cultivating, growing, or harvesting any species of plant that is a controlled
827-dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous
828-substance can be derived;
829-
830- (ii) a kit used, intended for use, or designed for use in
831-manufacturing, compounding, converting, producing, processing, or preparing a controlled
832-dangerous substance OTHER THAN CANNABIS ;
833-
834- (iii) an isomerization device used, intended for use, or designed for
835-use in increasing the potency of any species of plant that is a controlled dangerous
836-substance OTHER THAN CANNABIS ;
837-
838- (iv) testing equipment used, intended for use, or designed for use in
839-analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER
840-THAN CANNABIS ;
841- LAWRENCE J. HOGAN, JR., Governor Ch. 26
842-
843-– 19 –
844- (v) a scale or balance used, intended for use, or designed for use in
845-weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ;
846-
847- (vi) a diluent or adulterant, such as quinine hydrochloride, mannitol,
848-mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a
849-controlled dangerous substance OTHER THAN CANNABIS ;
850-
851- (vii) a separation gin or sifter used, intended for use, or designed for
852-use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A
853-CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS;
854-
855- (viii) a blender, bowl, container, spoon, or mixing device used,
856-intended for use, or designed for use in compounding a controlled dangerous substance
857-OTHER THAN CANNABIS ;
858-
859- (ix) a capsule, balloon, envelope, or other container used, intended
860-for use, or designed for use in packaging small quantities of a controlled dangerous
861-substance OTHER THAN CANNABIS ;
862-
863- (x) a container or other object used, intended for use, or designed for
864-use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ;
865-
866- (xi) a hypodermic syringe, needle, or other object used, intended for
867-use, or designed for use in parenterally injecting a controlled dangerous substance into the
868-human body; and
869-
870- (xii) an object used, intended for use, or designed for use in ingesting,
871-inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the
872-human body [such as:
873-
874- 1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic
875-pipe with or without screen, permanent screen, hashish head, or punctured metal bowl;
876-
877- 2. a water pipe;
878-
879- 3. a carburetion tube or device;
880-
881- 4. a smoking or carburetion mask;
882-
883- 5. an object known as a roach clip used to hold burning
884-material, such as a marijuana cigarette that has become too small or too short to be held in
885-the hand;
886-
887- 6. a miniature spoon used for cocaine and cocaine vials;
888-
889- 7. a chamber pipe; Ch. 26 2022 LAWS OF MARYLAND
890-
891-– 20 –
892-
893- 8. a carburetor pipe;
894-
895- 9. an electric pipe;
896-
897- 10. an air–driven pipe;
898-
899- 11. a chillum;
900-
901- 12. a bong; and
902-
903- 13. an ice pipe or chiller].
904-
905- [(r) (1) “Marijuana” means:
906-
907- (i) all parts of any plant of the genus Cannabis, whether or not the
908-plant is growing;
909-
910- (ii) the seeds of the plant;
911-
912- (iii) the resin extracted from the plant; and
913-
914- (iv) each compound, manufactured product, salt, derivative, mixture,
915-or preparation of the plant, its seeds, or its resin.
916-
917- (2) “Marijuana” does not include:
918-
919- (i) the mature stalks of the plant;
920-
921- (ii) fiber produced from the mature stalks;
922-
923- (iii) oil or cake made from the seeds of the plant;
924-
925- (iv) except for resin, any other compound, manufactured product,
926-salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
927-
928- (v) the sterilized seed of the plant that is incapable of germination;
929-or
930-
931- (vi) hemp as defined in § 14–101 of the Agriculture Article.]
932-
933- (R) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY
934-PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS ,
935-ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH LAWRENCE J. HOGAN, JR., Governor Ch. 26
936-
937-– 21 –
938-A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A
939-DRY WEIGHT BASIS .
940-
941- (2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101
942-OF THE AGRICULTURE ARTICLE.
943-
944- [(s)] (R) (1) “Narcotic drug” means a substance:
945-
946- (i) that has been found to present an extreme danger to the health
947-and welfare of the community because of addiction–forming and addiction–sustaining
948-qualities;
949-
950- (ii) that is:
951-
952- 1. an opiate;
953-
954- 2. a compound, manufactured substance, salt, derivative, or
955-preparation of opium, coca leaf, or an opiate; or
956-
957- 3. a substance and any compound, manufactured substance,
958-salt, derivative, or preparation that is chemically identical with a substance listed in items
959-1 and 2 of this item; and
960-
961- (iii) that is produced:
962-
963- 1. directly or indirectly by extraction from substances of
964-vegetable origin;
965-
966- 2. independently by chemical synthesis; or
967-
968- 3. by a combination of extraction and chemical synthesis.
969-
970- (2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf
971-that does not contain cocaine or ecgonine.
972-
973- [(t)] (S) “Noncontrolled substance” means a substance that is not classified as a
974-controlled dangerous substance under Subtitle 4 of this title.
975-
976- [(u)] (T) (1) “Opiate” means a substance that has an addiction–forming or
977-addiction–sustaining quality similar to morphine or that can be converted into a drug that
978-has this addiction–forming or addiction–sustaining quality.
979-
980- (2) “Opiate” includes:
981-
982- (i) the racemic and levorotatory forms of an opiate;
983- Ch. 26 2022 LAWS OF MARYLAND
984-
985-– 22 –
986- (ii) except for seeds, the opium poppy, the plant of the species
987-Papaver somniferum L.;
988-
989- (iii) the poppy straw consisting of the opium poppy after mowing
990-except the seeds; and
991-
992- (iv) coca leaf.
993-
994- (3) “Opiate” does not include, unless specifically designated as controlled
995-under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan
996-and its salts (dextromethorphan).
997-
998-5–601.1.
999-
1000- (a) A police officer shall issue a citation to a person who the police officer has
1001-probable cause to believe has committed a violation of § 5–601 of this part involving the use
1002-or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS
1003-THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F
1004-CANNABIS.
1005-
1006- (b) (1) A violation of § 5–601 of this part involving the use or possession of [less
1007-than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE
1008-AMOUNT OF CANNABIS O R THE PERSONAL USE AMOU NT OF CANNABIS is a civil
1009-offense.
1010-
1011- (2) Adjudication of a violation under § 5–601 of this part involving the use
1012-or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS
1013-THE CIVIL USE AMOUNT OF CANNABIS OR THE PERSONAL USE AMOUNT OF
1014-CANNABIS:
1015-
1016- (i) is not a criminal conviction for any purpose; and
1017-
1018- (ii) does not impose any of the civil disabilities that may result from
1019-a criminal conviction.
1020-
1021- (c) (1) A citation issued for a violation of § 5–601 of this part involving the use
1022-or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS
1023-THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F CANNABIS
1024-shall be signed by the police officer who issues the citation and shall contain:
1025-
1026- (i) the name, address, and date of birth of the person charged;
1027-
1028- (ii) the date and time that the violation occurred;
1029-
1030- (iii) the location at which the violation occurred; LAWRENCE J. HOGAN, JR., Governor Ch. 26
1031-
1032-– 23 –
1033-
1034- (iv) the fine that may be imposed;
1035-
1036- (v) a notice stating that prepayment of the fine is allowed, except as
1037-provided in paragraph (2) of this subsection; and
1038-
1039- (vi) a notice in boldface type that states that the person shall:
1040-
1041- 1. pay the full amount of the preset fine; or
1042-
1043- 2. request a trial date at the date, time, and place established
1044-by the District Court by writ or trial notice.
1045-
1046- (2) [(i)] If a citation for a violation of § 5–601 of this part involving the
1047-use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF
1048-CANNABIS THE CIVIL USE AMOUN T OF CANNABIS OR THE PERSONAL USE AMOUNT
1049-OF CANNABIS is issued to a person under the age of 21 years, the court shall summon the
1050-person for trial.
1051-
1052- [(ii) If the court finds that a person at least 21 years old who has been
1053-issued a citation under this section has at least twice previously been found guilty under §
1054-5–601 of this part involving the use or possession of less than 10 grams of marijuana, the
1055-court shall summon the person for trial.]
1056-
1057- (d) The form of the citation shall be uniform throughout the State and shall be
1058-prescribed by the District Court.
1059-
1060- (e) (1) The Chief Judge of the District Court shall establish a schedule for the
1061-prepayment of the fine.
1062-
1063- (2) Prepayment of a fine shall be considered a plea of guilty to a Code
1064-violation.
1065-
1066- (3) A person described in subsection (c)(2) of this section may not prepay
1067-the fine.
1068-
1069- (f) (1) A person may request a trial by sending a request for trial to the District
1070-Court in the jurisdiction where the citation was issued within 30 days of the issuance of the
1071-citation.
1072-
1073- (2) If a person other than a person described in subsection (c)(2) of this
1074-section does not request a trial or prepay the fine within 30 days of the issuance of the
1075-citation, the court may impose the maximum fine and costs against the person and find the
1076-person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section].
1077- Ch. 26 2022 LAWS OF MARYLAND
1078-
1079-– 24 –
1080- (g) The issuing jurisdiction shall forward a copy of the citation and a request for
1081-trial to the District Court in the district having venue.
1082-
1083- (h) (1) The failure of a defendant to respond to a summons described in
1084-subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure
1085-Article.
1086-
1087- (2) If a person at least 21 years old fails to appear after having requested
1088-a trial, the court may impose the maximum fine and costs against the person and find the
1089-person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section].
1090-
1091- (i) In any proceeding for a Code violation under § 5–601 of this part involving the
1092-use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF
1093-CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT
1094-OF CANNABIS:
1095-
1096- (1) the State has the burden to prove the guilt of the defendant by a
1097-preponderance of the evidence;
1098-
1099- (2) the court shall apply the evidentiary standards as prescribed by law or
1100-rule for the trial of a criminal case;
1101-
1102- (3) the court shall ensure that the defendant has received a copy of the
1103-charges against the defendant and that the defendant understands those charges;
1104-
1105- (4) the defendant is entitled to cross–examine all witnesses who appear
1106-against the defendant, to produce evidence or witnesses on behalf of the defendant, and to
1107-testify on the defendant’s own behalf, if the defendant chooses to do so;
1108-
1109- (5) the defendant is entitled to be represented by counsel of the defendant’s
1110-choice and at the expense of the defendant; and
1111-
1112- (6) the defendant may enter a plea of guilty or not guilty, and the verdict
1113-of the court in the case shall be:
1114-
1115- (i) guilty of a Code violation;
1116-
1117- (ii) not guilty of a Code violation; or
1118-
1119- (iii) probation before judgment, imposed by the court in the same
1120-manner and to the same extent as is allowed by law in the trial of a criminal case.
1121-
1122- (j) (1) The defendant is liable for the costs of the proceedings in the District
1123-Court.
1124- LAWRENCE J. HOGAN, JR., Governor Ch. 26
1125-
1126-– 25 –
1127- (2) The court costs in a Code violation case under § 5–601 of this part
1128-involving the use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS
1129-OF CANNABIS THE CIVIL USE AMOUNT OF CAN NABIS OR THE PERSONA L USE AMOUNT
1130-OF CANNABIS in which costs are imposed are $5.
1131-
1132- (k) (1) The State’s Attorney for any county may prosecute a Code violation
1133-under § 5–601 of this part involving the use or possession of [less than 10 grams of
1134-marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS
1135-OR THE PERSONAL USE AMOUNT OF CANNABIS in the same manner as prosecution of a
1136-violation of the criminal laws of the State.
1137-
1138- (2) In a Code violation case under § 5–601 of this part involving the use or
1139-possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE
1140-CIVIL USE AMOUNT OF CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS, the
1141-State’s Attorney may:
1142-
1143- (i) enter a nolle prosequi or move to place the case on the stet docket;
1144-and
1145-
1146- (ii) exercise authority in the same manner as prescribed by law for
1147-violation of the criminal laws of the State.
1148-
1149- (l) A person issued a citation for a violation of § 5–601 of this part involving the
1150-use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF
1151-CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT
1152-OF CANNABIS who is under the age of 18 years shall be subject to the procedures and
1153-dispositions provided in Title 3, Subtitle 8A of the Courts Article.
1154-
1155- (m) A citation for a violation of § 5–601 of this part involving the use or possession
1156-of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE
1157-AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS and the official
1158-record of a court regarding the citation are not subject to public inspection and may not be
1159-included on the public website maintained by the Maryland Judiciary if:
1160-
1161- (1) the defendant has prepaid the fine;
1162-
1163- (2) the defendant has pled guilty to or been found guilty of the Code
1164-violation and has fully paid the fine and costs imposed for the violation;
1165-
1166- (3) the defendant has received a probation before judgment and has fully
1167-paid the fine and completed any terms imposed by the court;
1168-
1169- (4) the case has been removed from the stet docket after the defendant fully
1170-paid the fine and completed any terms imposed by the court;
1171- Ch. 26 2022 LAWS OF MARYLAND
1172-
1173-– 26 –
1174- (5) the State has entered a nolle prosequi;
1175-
1176- (6) the defendant has been found not guilty of the charge; or
1177-
1178- (7) the charge has been dismissed.
1179-
1180-5–602.
1181-
1182- (A) Except as otherwise provided in this title, a person may not:
1183-
1184- (1) distribute or dispense a controlled dangerous substance; or
1185-
1186- (2) possess a controlled dangerous substance OTHER THAN CANNABIS in
1187-sufficient quantity reasonably to indicate under all circumstances an intent to distribute or
1188-dispense a controlled dangerous substance.
1189-
1190- (B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY
1191-NOT POSSESS CANNABIS IN SUFFICIENT QUANTI TY REASONABLY TO IND ICATE
1192-UNDER ALL CIRCUMSTAN CES AN INTENT TO DIS TRIBUTE OR DISPENSE CANNABIS.
1193-
1194- (2) POSSESSION OF 2.5 OUNCES OR LESS OF CA NNABIS THE CIVIL USE
1195-AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS WITHOUT
1196-OTHER EVIDENCE OF AN INTENT TO DISTRIBUTE OR DISPENSE DOES NOT
1197-CONSTITUTE A VIOLATI ON OF PARAGRAPH (1) OF THIS SUBSECTION .
1198-
1199-5–603.
1200-
1201- (A) Except as otherwise provided in this title, a person may not manufacture a
1202-controlled dangerous substance OTHER THAN CANNABIS , or manufacture, distribute, or
1203-possess a machine, equipment, instrument, implement, device, or a combination of them
1204-that is adapted to produce a controlled dangerous substance OTHER THAN CANNABIS
1205-under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense
1206-a controlled dangerous substance OTHER THAN CANNABIS in violation of this title.
1207-
1208- (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MA Y NOT
1209-CULTIVATE OR GROW CA NNABIS OR MANUFACTUR E A CANNABIS PRODUCT , OR
1210-MANUFACTURE , DISTRIBUTE, OR POSSESS A MACHINE , EQUIPMENT, AN
1211-INSTRUMENT , AN IMPLEMENT , A DEVICE, OR A COMBINATION OF THEM THAT IS
1212-ADAPTED TO PRODUCE C ANNABIS OR A CANNABI S PRODUCT UNDER
1213-CIRCUMSTANCES THAT R EASONABLY INDICATE A N INTENT TO USE IT T O PRODUCE,
1214-SELL, OR DISPENSE CANNABIS OR A CANNABIS PRODUC T IN VIOLATION OF TH IS
1215-TITLE.
1216-
1217-5–607. LAWRENCE J. HOGAN, JR., Governor Ch. 26
1218-
1219-– 27 –
1220-
1221- (a) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND §§
1222-5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through
1223-5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not
1224-exceeding 5 years or a fine not exceeding $15,000 or both.
1225-
1226- (2) A PERSON WHO VIOLATES § 5–602(B)(1) OR § 5–603(B) OF THIS
1227-SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO
1228-IMPRISONMENT NOT EXC EEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR
1229-BOTH.
1230-
1231- (b) A person convicted under this section is not prohibited from participating in a
1232-drug treatment program under § 8–507 of the Health – General Article because of the
1233-length of the sentence.
1234-
1235-5–619.
1236-
1237- (c) (1) [This subsection does not apply to the use or possession of drug
1238-paraphernalia involving the use or possession of marijuana.
1239-
1240- (2)] Unless authorized under this title, a person may not use or possess with
1241-intent to use drug paraphernalia to:
1242-
1243- (i) plant, propagate, cultivate, grow, harvest, manufacture,
1244-compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a
1245-controlled dangerous substance; or
1246-
1247- (ii) inject, ingest, inhale, or otherwise introduce into the human body
1248-a controlled dangerous substance.
1249-
1250- [(3)] (2) A person who violates this subsection is guilty of a misdemeanor
1251-and on conviction is subject to:
1252-
1253- (i) for a first violation, a fine not exceeding $500; and
1254-
1255- (ii) for each subsequent violation, imprisonment not exceeding 2
1256-years or a fine not exceeding $2,000 or both.
1257-
1258- [(4)] (3) A person who is convicted of violating this subsection for the first
1259-time and who previously has been convicted of violating subsection (d)(4) of this section is
1260-subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection.
1261-
1262-5–620.
1263-
1264- (a) Unless authorized under this title, a person may not:
1265- Ch. 26 2022 LAWS OF MARYLAND
1266-
1267-– 28 –
1268- (1) obtain or attempt to obtain controlled paraphernalia by:
1269-
1270- (i) fraud, deceit, misrepresentation, or subterfuge;
1271-
1272- (ii) counterfeiting a prescription or a written order;
1273-
1274- (iii) concealing a material fact or the use of a false name or address;
1275-
1276- (iv) falsely assuming the title of or representing to be a
1277-manufacturer, distributor, or authorized provider; or
1278-
1279- (v) making or issuing a false or counterfeit prescription or written
1280-order; or
1281-
1282- (2) possess or distribute controlled paraphernalia under circumstances
1283-which reasonably indicate an intention to use the controlled paraphernalia for purposes of
1284-illegally administering a controlled dangerous substance.
1285-
1286- (b) Evidence of circumstances that reasonably indicate an intent to use controlled
1287-paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous
1288-substance unlawfully include the close proximity of the controlled paraphernalia to an
1289-adulterant, diluent, or equipment commonly used to illegally manufacture, administer,
1290-distribute, or dispense controlled dangerous substances, including:
1291-
1292- (1) a scale;
1293-
1294- (2) a sieve;
1295-
1296- (3) a strainer;
1297-
1298- (4) a measuring spoon;
1299-
1300- (5) staples;
1301-
1302- (6) a stapler;
1303-
1304- (7) a glassine envelope;
1305-
1306- (8) a gelatin capsule;
1307-
1308- (9) procaine hydrochloride;
1309-
1310- (10) mannitol;
1311-
1312- (11) lactose;
1313- LAWRENCE J. HOGAN, JR., Governor Ch. 26
1314-
1315-– 29 –
1316- (12) quinine; and
1317-
1318- (13) a controlled dangerous substance.
1319-
1320- (c) Information that is communicated to a physician to obtain controlled
1321-paraphernalia from the physician in violation of this subtitle is not a privileged
1322-communication.
1323-
1324- (d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who
1325-violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
1326-not exceeding 4 years or a fine not exceeding $25,000 or both.
1327-
1328- [(2) A person who violates this section involving the use or possession of
1329-marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000
1330-or both.]
1331-
1332-Article – Criminal Procedure
1333-
1334-4–101.
1335-
1336- (c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any
1337-other law allowing a crime to be charged by citation, a police officer shall charge by citation
1338-for:
1339-
1340- 1. any misdemeanor or local ordinance violation that does
1341-not carry a penalty of imprisonment;
1342-
1343- 2. any other misdemeanor or local ordinance violation not
1344-involving serious injury or an immediate health risk for which the maximum penalty of
1345-imprisonment is 90 days or less, except:
1346-
1347- A. failure to comply with a peace order under § 3–1508 of the
1348-Courts Article;
1349-
1350- B. failure to comply with a protective order under § 4–509 of
1351-the Family Law Article;
1352-
1353- C. violation of a condition of pretrial or posttrial release
1354-under § 5–213.1 of this article;
1355-
1356- D. possession of an electronic control device after conviction
1357-of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article;
1358-
1359- E. violation of an out–of–state domestic violence order under
1360-§ 4–508.1 of the Family Law Article; or
1361- Ch. 26 2022 LAWS OF MARYLAND
1362-
1363-– 30 –
1364- F. abuse or neglect of an animal under § 10–604 of the
1365-Criminal Law Article; or
1366-
1367- 3. possession of [marijuana] CANNABIS under § 5–601 of the
1368-Criminal Law Article.
1369-
1370- (ii) Subject to paragraph (2) of this subsection, in addition to any
1371-other law allowing a crime to be charged by citation, a police officer may charge by citation
1372-for:
1373-
1374- 1. sale of an alcoholic beverage to an underage drinker or
1375-intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages
1376-Article;
1377-
1378- 2. malicious destruction of property under § 6–301 of the
1379-Criminal Law Article, if the amount of damage to the property is less than $500;
1380-
1381- 3. misdemeanor theft under § 7–104(g)(2) of the Criminal
1382-Law Article; [or]
1383-
1384- 4. possession of a controlled dangerous substance other than
1385-[marijuana] CANNABIS under § 5–601 of the Criminal Law Article;
1386-
1387- 5. POSSESSION WITH INTE NT TO DISTRIBUTE CANNABIS
1388-UNDER § 5–602(B)(1) OF THE CRIMINAL LAW ARTICLE; OR
1389-
1390- 6. GROWING OR MANUFACTU RING CANNABIS OR A
1391-CANNABIS PRODUCT UND ER § 5–603(B) OF THE CRIMINAL LAW ARTICLE.
1392-
1393- (2) A police officer may charge a defendant by citation only if:
1394-
1395- (i) the officer is satisfied with the defendant’s evidence of identity;
1396-
1397- (ii) the officer reasonably believes that the defendant will comply
1398-with the citation;
1399-
1400- (iii) the officer reasonably believes that the failure to charge on a
1401-statement of charges will not pose a threat to public safety;
1402-
1403- (iv) the defendant is not subject to arrest:
1404-
1405- 1. for an alleged misdemeanor involving serious injury or
1406-immediate health risk or an alleged felony arising out of the same incident; or
1407-
1408- 2. based on an outstanding arrest warrant; and LAWRENCE J. HOGAN, JR., Governor Ch. 26
1409-
1410-– 31 –
1411-
1412- (v) the defendant complies with all lawful orders by the officer.
1413-
1414- (3) A police officer who has grounds to make a warrantless arrest for an
1415-offense that may be charged by citation under this subsection may:
1416-
1417- (i) issue a citation in lieu of making the arrest; or
1418-
1419- (ii) make the arrest and subsequently issue a citation in lieu of
1420-continued custody.
1421-
1422-10–101.
1423-
1424- (a) In this subtitle the following words have the meanings indicated.
1425-
1426- (d) “Expunge” means to remove information from public inspection in accordance
1427-with this subtitle.
1428-
1429- (e) [“Expungement”] EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE,
1430-“EXPUNGEMENT ” with respect to a court record or a police record means removal from
1431-public inspection:
1432-
1433- (1) by obliteration;
1434-
1435- (2) by removal to a separate secure area to which persons who do not have
1436-a legitimate reason for access are denied access; or
1437-
1438- (3) if access to a court record or police record can be obtained only by
1439-reference to another court record or police record, by the expungement of it or the part of it
1440-that provides access.
1441-
1442-10–105.
1443-
1444- (a) A person who has been charged with the commission of a crime, including a
1445-violation of the Transportation Article for which a term of imprisonment may be imposed,
1446-or who has been charged with a civil offense or infraction, except a juvenile offense, may
1447-file a petition listing relevant facts for expungement of a police record, court record, or other
1448-record maintained by the State or a political subdivision of the State if:
1449-
1450- (12) the person was convicted of possession of [marijuana] CANNABIS under
1451-§ 5–601 of the Criminal Law Article; or
1452-
1453- (c) (8) A petition for expungement based on the conviction of a crime under
1454-subsection (a)(12) of this section may not be filed [within 4 years after the conviction or]
1455-BEFORE satisfactory completion of the sentence, including probation, that was imposed for
1456-the conviction[, whichever is later]. Ch. 26 2022 LAWS OF MARYLAND
1457-
1458-– 32 –
1459-
1460-10–105.3.
1461-
1462- (A) A PERSON INCARCERATED AFTER HAVING BEEN CO NVICTED OF
1463-POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE MAY
1464-PRESENT AN APPLICATI ON FOR RESENTENCING TO THE COURT THAT SE NTENCED
1465-THE PERSON.
1466-
1467- (B) THE COURT SHALL GRANT THE APPLICATION AND RESENTENCE THE
1468-PERSON TO TIME SERVE D.
1469-
1470- (C) IF THE PERSON IS NOT SERVING A CONCURRENT OR CONSECUTIVE
1471-SENTENCE FOR ANOTHER CRIME, THE PERSON SHALL BE RELEASED FROM
1472-INCARCERATION .
1473-
1474-10–107.
1475-
1476- (a) (1) In this subtitle, if two or more charges, other than one for a minor traffic
1477-violation OR POSSESSION OF CAN NABIS UNDER § 5–601 OF THE CRIMINAL LAW
1478-ARTICLE, arise from the same incident, transaction, or set of facts, they are considered to
1479-be a unit.
1480-
1481- (2) A charge for a minor traffic violation OR POSSESSION OF CAN NABIS
1482-UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE that arises from the same incident,
1483-transaction, or set of facts as a charge in the unit is not a part of the unit.
1484-
1485- (b) (1) If a person is not entitled to expungement of one charge or conviction in
1486-a unit, the person is not entitled to expungement of any other charge or conviction in the
1487-unit.
1488-
1489- (2) The disposition of a charge for a minor traffic violation that arises from
1490-the same incident, transaction, or set of facts as a charge in the unit does not affect any
1491-right to expungement of a charge or conviction in the unit.
1492-
1493-10–110.
1494-
1495- (a) A person may file a petition listing relevant facts for expungement of a police
1496-record, court record, or other record maintained by the State or a political subdivision of
1497-the State if the person is convicted of:
1498-
1499- (1) a misdemeanor that is a violation of:
1500-
1501- (i) § 6–320 of the Alcoholic Beverages Article;
1502- LAWRENCE J. HOGAN, JR., Governor Ch. 26
1503-
1504-– 33 –
1505- (ii) an offense listed in § 17–613(a) of the Business Occupations and
1506-Professions Article;
1507-
1508- (iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of
1509-the Business Regulation Article;
1510-
1511- (iv) § 3–1508 or § 10–402 of the Courts Article;
1512-
1513- (v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law
1514-Article;
1515-
1516- (vi) § 5–211 of this article;
1517-
1518- (vii) § 3–203 or § 3–808 of the Criminal Law Article;
1519-
1520- (viii) § 5–601 not involving the use or possession of [marijuana]
1521-CANNABIS, § 5–602(B) 5–602(B)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or §
1522-5–902 of the Criminal Law Article;
1523-
1524- (ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, §
1525-6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article;
1526-
1527- (x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the
1528-Criminal Law Article;
1529-
1530- (xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, §
1531-8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article;
1532-
1533- (xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article;
1534-
1535- (xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the
1536-Criminal Law Article;
1537-
1538- (xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article;
1539-
1540- (xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, §
1541-12–204, § 12–205, or § 12–302 of the Criminal Law Article;
1542-
1543- (xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article;
1544-
1545- (xvii) § 4–509 of the Family Law Article;
1546-
1547- (xviii) § 18–215 of the Health – General Article;
1548-
1549- (xix) § 4–411 or § 4–2005 of the Housing and Community Development
1550-Article; Ch. 26 2022 LAWS OF MARYLAND
1551-
1552-– 34 –
1553-
1554- (xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, §
1555-27–407.1, or § 27–407.2 of the Insurance Article;
1556-
1557- (xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, §
1558-8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed
1559-limits for personal watercraft;
1560-
1561- (xxii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public
1562-Safety Article;
1563-
1564- (xxiii) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article;
1565-
1566- (xxiv) § 9–124 of the State Government Article;
1567-
1568- (xxv) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax –
1569-General Article;
1570-
1571- (xxvi) § 16–303 of the Transportation Article; or
1572-
1573- (xxvii) the common law offenses of affray, rioting, criminal contempt,
1574-battery, or hindering;
1575-
1576- (2) a felony that is a violation of:
1577-
1578- (i) § 7–104 of the Criminal Law Article;
1579-
1580- (ii) the prohibition against possession with intent to distribute a
1581-controlled dangerous substance under [§ 5–602(2)] § 5–602 of the Criminal Law Article; or
1582-
1583- (iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or
1584-
1585- (3) an attempt, a conspiracy, or a solicitation of any offense listed in item
1586-(1) or (2) of this subsection.
1587-
1588- (c) (1) Except as provided in paragraphs (2) [and], (3), AND (4) of this
1589-subsection, a petition for expungement under this section may not be filed earlier than 10
1590-years after the person satisfies the sentence or sentences imposed for all convictions for
1591-which expungement is requested, including parole, probation, or mandatory supervision.
1592-
1593- (2) A petition for expungement for a violation of § 3–203 of the Criminal
1594-Law Article, common law battery, or for an offense classified as a domestically related crime
1595-under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies
1596-the sentence or sentences imposed for all convictions for which expungement is requested,
1597-including parole, probation, or mandatory supervision.
1598- LAWRENCE J. HOGAN, JR., Governor Ch. 26
1599-
1600-– 35 –
1601- (3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
1602-SUBSECTION, A petition for expungement of a felony may not be filed earlier than 15 years
1603-after the person satisfies the sentence or sentences imposed for all convictions for which
1604-expungement is requested, including parole, probation, or mandatory supervision.
1605-
1606- (4) A PETITION FOR EXPUNGE MENT OF A CONVICTION OF
1607-POSSESSION WITH INTE NT TO DISTRIBUTE CAN NABIS UNDER § 5–602 OF THE
1608-CRIMINAL LAW ARTICLE MAY NOT BE FI LED EARLIER THAN 4 3 YEARS AFTER THE
1609-PERSON SATISFIES THE SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS
1610-FOR WHICH EXPUNGEMENT IS REQUESTED , INCLUDING PAROLE , PROBATION, OR
1611-MANDATORY SUPERVISIO N.
1612-
1613-10–111.
1614-
1615- The Maryland Judiciary Case Search may not in any way refer to the existence of a
1616-[District Court] criminal case in which:
1617-
1618- (1) possession of [marijuana] CANNABIS under § 5–601 of the Criminal
1619-Law Article is the only charge in the case; and
1620-
1621- (2) the charge was disposed of before [October 1, 2014] JULY 1, 2023.
1622-
1623-10–112.
1624-
1625- (A) IN THIS SECTION, “EXPUNGE” MEANS TO REMOVE ALL REFERENCES TO
1626-A SPECIFIED CRIMINAL CASE FROM T HE CENTRAL REPOSITORY.
1627-
1628- (B) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT OF PUBLIC SAFETY
1629-AND CORRECTIONAL SERVICES SHALL EXPUNG E ALL CASES IN WHICH :
1630-
1631- (1) POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW
1632-ARTICLE IS THE ONLY C HARGE IN THE CASE; AND
1633-
1634- (2) THE CHARGE WAS ISSUE D BEFORE JULY 1, 2023.
1635-
1636-Article – Health – General
1637-
1638-SUBTITLE 45. CANNABIS PUBLIC HEALTH ADVISORY COUNCIL.
1639-
1640-13–4501.
1641-
1642- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
1643-INDICATED.
1644- Ch. 26 2022 LAWS OF MARYLAND
1645-
1646-– 36 –
1647- (B) “ADVISORY COUNCIL” MEANS THE CANNABIS PUBLIC HEALTH
1648-ADVISORY COUNCIL.
1649-
1650- (C) “FUND” MEANS THE CANNABIS PUBLIC HEALTH FUND.
1651-
1652-13–4502.
1653-
1654- (A) THERE IS A CANNABIS PUBLIC HEALTH ADVISORY COUNCIL.
1655-
1656- (B) THE ADVISORY COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS :
1657-
1658- (1) ONE MEMBER FROM THE SENATE OF MARYLAND, APPOINTED BY
1659-THE PRESIDENT OF THE SENATE;
1660-
1661- (2) ONE MEMBER FROM THE HOUSE OF DELEGATES, APPOINTED BY
1662-THE SPEAKER OF THE HOUSE;
1663-
1664- (1) (3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
1665-
1666- (2) (4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR
1667-THE DEPUTY SECRETARY’S DESIGNEE;
1668-
1669- (3) (5) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S
1670-DESIGNEE;
1671-
1672- (4) (6) THE EXECUTIVE DIRECTO R OF THE NATALIE M. LAPRADE
1673-MEDICAL CANNABIS COMMISSION, OR THE EXECUTIVE DIR ECTOR’S DESIGNEE;
1674-
1675- (5) (7) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE STATE
1676-SUPERINTENDENT ’S DESIGNEE; AND
1677-
1678- (6) (8) THE FOLLOWING MEMBERS APPOINTED BY THE
1679-GOVERNOR:
1680-
1681- (I) ONE REPRESENTATIVE FR OM THE GOVERNOR’S OFFICE OF
1682-CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;
1683-
1684- (II) ONE REPRESENTATIVE FROM A HISTORICALLY BLACK
1685-COLLEGE OR UNIVERSIT Y;
1686-
1687- (III) ONE HEALTH CARE PROVI DER WITH EXPERIENCE IN
1688-CANNABIS;
1689-
1690- (IV) ONE PHARMACIST LICENS ED IN THE STATE; LAWRENCE J. HOGAN, JR., Governor Ch. 26
1691-
1692-– 37 –
1693-
1694- (V) ONE HEALTH CARE PROVI DER WITH EXPERTISE I N
1695-SUBSTANCE USE DISORD ER TREATM ENT AND RECOVERY ;
1696-
1697- (VI) ONE INDIVIDUAL WITH E XPERTISE IN CANNABIS USE
1698-DISORDER;
1699-
1700- (VII) ONE ACADEMIC RESEARCH ER WITH EXPERTISE IN
1701-CANNABIS LAW AND POL ICY;
1702-
1703- (VIII) ONE INDIVIDUAL WITH A T LEAST 5 YEARS OF EXPERIENCE
1704-IN HEALTH OR SOCIAL EQUITY;
1705-
1706- (IX) ONE PUBLIC HEALTH PRO FESSIONAL WITH CANNA BIS
1707-EXPERIENCE; AND
1708-
1709- (X) ONE REPRESENTATIVE OF A LABORATORY THAT TE STS
1710-CANNABIS.
1711-
1712- (C) (1) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL
1713-AND STATE LAW, THE MEMBERSHIP OF TH E ADVISORY COUNCIL SHALL RE FLECT
1714-THE GENDER, ETHNIC, AND RACIAL DIVERSITY OF THE STATE.
1715-
1716- (2) THE MEMBERSHIP OF THE ADVISORY COUNCIL SHALL INCLUDE
1717-RESIDENTS OF RURAL A ND URBAN REGIONS OF THE STATE.
1718-
1719- (D) A MEMBER OF THE ADVISORY COUNCIL SHALL FILE A FINANCIAL
1720-DISCLOSURE STATEMENT WITH THE STATE ETHICS COMMISSION IN ACCORDA NCE
1721-WITH TITLE 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE.
1722-
1723- (E) (1) THE TERM OF AN APPOIN TED MEMBER IS 4 YEARS.
1724-
1725- (2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS
1726-REQUIRED BY THE TERM S PROVIDED FOR TH E APPOINTED MEMBERS OF THE
1727-ADVISORY COUNCIL ON JANUARY 1, 2023.
1728-
1729- (3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO
1730-SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES.
1731-
1732- (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
1733-ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND
1734-QUALIFIES.
1735- Ch. 26 2022 LAWS OF MARYLAND
1736-
1737-– 38 –
1738- (5) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN TWO
1739-CONSECUTIVE FULL TER MS.
1740-
1741-13–4503.
1742-
1743- (A) THE CHAIR OF THE ADVISORY COUNCIL SHALL BE ELEC TED BY THE
1744-MEMBERS OF THE ADVISORY COUNCIL.
1745-
1746- (B) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE ADVISORY
1747-COUNCIL IS A QUORUM .
1748-
1749- (C) THE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES EAC H
1750-YEAR, AT THE TIMES AND PLA CES THAT THE ADVISORY COUNCIL DETERMINES .
1751-
1752- (D) THE ADVISORY COUNCIL MAY FORM WORK GROUPS TO ASSIST IN THE
1753-WORK OF THE ADVISORY COUNCIL.
1754-
1755- (E) A MEMBER OF THE ADVISORY COUNCIL:
1756-
1757- (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
1758-ADVISORY COUNCIL; BUT
1759-
1760- (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
1761-STANDARD STATE TRAVEL REGULATION S, AS PROVIDED IN THE STATE BUDGET .
1762-
1763- (F) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT AN D TECHNICAL
1764-ASSISTANCE FOR THE ADVISORY COUNCIL.
1765-
1766-13–4504.
1767-
1768- (A) THE ADVISORY COUNCIL SHALL STUDY A ND MAKE RECOMMENDATI ONS
1769-REGARDING:
1770-
1771- (1) THE PROMOTION OF PUBL IC HEALTH AND MITIGATIO N OF YOUTH
1772-USE OF, MISUSE OF, AND ADDICTION TO CAN NABIS;
1773-
1774- (2) DATA COLLECTION AND R EPORTING OF DATA THA T MEASURES
1775-THE IMPACT OF CANNAB IS CONSUMPTION AND L EGALIZATION;
1776-
1777- (3) THE IMPACT OF CANNABI S LEGALIZATION ON TH E EDUCATION ,
1778-BEHAVIORAL HEALTH , AND SOMATIC HEALTH O F INDIVIDUALS UNDER THE AGE OF
1779-21 YEARS;
1780- LAWRENCE J. HOGAN, JR., Governor Ch. 26
1781-
1782-– 39 –
1783- (4) INITIATIVES TO PREVEN T CANNABIS USE BY IN DIVIDUALS UNDER
1784-THE AGE OF 21 YEARS, INCLUDING EDUCATIONA L PROGRAMS FOR USE I N SCHOOLS;
1785-
1786- (5) PUBLIC HEALTH CAMPAIG NS ON CANNABIS ;
1787-
1788- (6) ADVERTISING, LABELING, PRODUCT TESTING , AND QUALITY
1789-CONTROL REQUIREMENTS ;
1790-
1791- (7) TRAINING FOR HEALTH C ARE PROVIDERS RELATE D TO CANNABIS
1792-USE; AND
1793-
1794- (8) BEST PRACTICES REGARD ING REQUIREMENTS TO REDUCE THE
1795-APPEAL OF CANNABIS T O MINORS , INCLUDING ADVERTISING, POTENCY,
1796-PACKAGING, AND LABELING STANDAR DS; AND
1797-
1798- (8) (9) ANY OTHER ISSUES THAT ADVANCE PUBLIC HEALT H
1799-RELATED TO CANNABIS USE AND LEGALIZATION .
1800-
1801- (B) TO THE EXTENT PRACTIC ABLE, THE ADVISORY COUNCIL SHALL
1802-CONSIDER ANY DATA CO LLECTED BY THE STATE RELATED TO CANNAB IS USE WHEN
1803-MAKING RECOMMENDATIO NS, INCLUDING DATA COLLE CTED UNDER § 13–4401 OF
1804-THIS TITLE.
1805-
1806-13–4505.
1807-
1808- (A) THERE IS A CANNABIS PUBLIC HEALTH FUND.
1809-
1810- (B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO ADDRESS THE
1811-HEALTH EFFECTS ASSOC IATED WITH THE LEGALI ZATION OF ADULT –USE CANNABIS.
1812-
1813- (C) THE DEPARTMENT SHALL ADMI NISTER THE FUND.
1814-
1815- (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
1816-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
1817-
1818- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
1819-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
1820-
1821- (E) THE FUND CONSISTS OF :
1822-
1823- (1) REVENUE DISTRIBUTED T O THE FUND BASED ON REVENUE S
1824-FROM ADULT –USE CANNABIS;
1825- Ch. 26 2022 LAWS OF MARYLAND
1826-
1827-– 40 –
1828- (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
1829-AND
1830-
1831- (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
1832-THE BENEFIT OF THE FUND.
1833-
1834- (F) THE FUND MAY BE USED ONLY FOR:
1835-
1836- (1) SUPPORTING THE ADVISORY COUNCIL IN PERFORMING ITS
1837-DUTIES;
1838-
1839- (2) SUPPORTING DATA COLLE CTION AND RESEARCH O N THE
1840-EFFECTS OF CANNABIS LEGALIZATION IN THE STATE;
1841-
1842- (3) PROVIDING FUNDING FOR EDUCATION AND PUBLIC AWARENESS
1843-CAMPAIGNS RELATED TO CANNABIS USE, INCLUDING FUNDING FO R EDUCATIONAL
1844-PROGRAMS TO BE USED IN SCHOOLS;
1845-
1846- (4) SUPPORTING SUBSTANCE USE DISORDER COUNSEL ING AND
1847-TREATMENT FOR IN DIVIDUALS; AND
1848-
1849- (5) TRAINING AND EQUIPMENT FOR LAW ENFORCEMENT TO
1850-RECOGNIZE IMPAIRMENT S DUE TO CANNABIS ; AND
1851-
1852- (6) PURCHASING TECHNOLOGY PROVEN TO BE EFFECTI VE AT
1853-MEASURING CANNABIS L EVELS IN DRIVERS.
1854-
1855- (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
1856-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
1857-
1858- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
1859-THE FUND.
1860-
1861- (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
1862-WITH THE STATE BUDGET .
1863-
1864-13–4506.
1865-
1866- ON OR BEFORE DECEMBER 1 EACH YEAR, THE ADVISORY COUNCIL SHALL
1867-REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN
1868-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
1869-ASSEMBLY.
1870-
1871-24–501. LAWRENCE J. HOGAN, JR., Governor Ch. 26
1872-
1873-– 41 –
1874-
1875- (a) In this subtitle the following words have the meanings indicated.
1876-
1877- (B) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF
1878-THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , ISOMERS,
1879-ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH A
1880-DELTA–9–TETRAHYDR OCANNABINOL CONCENTR ATION GREATER THAN 0.3% ON A
1881-DRY WEIGHT BASIS HAS THE MEANING STAT ED IN § 5–101 OF THE CRIMINAL LAW
1882-ARTICLE.
1883-
1884- [(b)] (C) “Employee” has the meaning stated in § 5–101 of the Labor and
1885-Employment Article.
1886-
1887- [(c)] (D) “Employer” has the meaning stated in § 5–101 of the Labor and
1888-Employment Article.
1889-
1890- [(d)] (E) “Environmental [tobacco] smoke” means the complex mixture formed
1891-from the escaping smoke of a burning tobacco, CANNABIS, OR HEMP product or smoke
1892-exhaled by the smoker.
1893-
1894- [(e)] (F) “Indoor area open to the public” means:
1895-
1896- (1) An indoor area or a portion of an indoor area accessible to the public by
1897-either invitation or permission; or
1898-
1899- (2) An indoor area of any establishment licensed or permitted under the
1900-Alcoholic Beverages Article for the sale or possession of alcoholic beverages.
1901-
1902- [(f)] (G) “Place of employment” has the meaning stated in § 5–101 of the Labor
1903-and Employment Article.
1904-
1905- [(g)] (H) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any
1906-other matter or substance [that contains tobacco] CONTAINING, WHOLLY OR IN PART ,
1907-TOBACCO, CANNABIS, OR HEMP.
1908-
1909-24–502.
1910-
1911- It is the intent of the General Assembly that the State protect the public and
1912-employees from involuntary exposure to environmental [tobacco] smoke in indoor areas
1913-open to the public, indoor places of employment, and certain designated private areas.
1914-
1915-24–503.
1916- Ch. 26 2022 LAWS OF MARYLAND
1917-
1918-– 42 –
1919- The purpose of this subtitle is to preserve and improve the health, comfort, and
1920-environment of the people of the State by limiting exposure to environmental [tobacco]
1921-smoke.
1922-
1923-24–504.
1924-
1925- Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a
1926-person may not smoke in:
1927-
1928- (1) An indoor area open to the public;
1929-
1930- (2) An indoor place in which meetings are open to the public in accordance
1931-with Title 3 of the General Provisions Article;
1932-
1933- (3) A government–owned or government–operated means of mass
1934-transportation including buses, vans, trains, taxicabs, and limousines; or
1935-
1936- (4) An indoor place of employment.
1937-
1938-24–505.
1939-
1940- This subtitle does not apply to:
1941-
1942- (1) Private homes, residences, including residences used as a business or
1943-place of employment, unless being used by a person who is licensed or registered under
1944-Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles,
1945-unless being used for the public transportation of children, or as part of health care or child
1946-care transportation;
1947-
1948- (2) A hotel or motel room rented to one or more guests as long as the total
1949-percent of hotel or motel rooms being so used does not exceed 25%;
1950-
1951- (3) A retail tobacco business that is a sole proprietorship, limited liability
1952-company, corporation, partnership, or other enterprise, in which:
1953-
1954- (i) The primary activity is the retail sale of tobacco products and
1955-accessories; and
1956-
1957- (ii) The sale of other products is incidental;
1958-
1959- (4) Any facility of a manufacturer, importer, wholesaler, or distributor of
1960-tobacco products or of any tobacco leaf dealer or processor in which employees of the
1961-manufacturer, importer, wholesaler, distributor, or processor work or congregate; or
1962-
1963- (5) A research or educational laboratory for the purpose of conducting
1964-scientific research into the health effects of tobacco smoke. LAWRENCE J. HOGAN, JR., Governor Ch. 26
1965-
1966-– 43 –
1967-
1968-24–507.
1969-
1970- (a) The Department shall adopt regulations that prohibit environmental
1971-[tobacco] smoke in indoor areas open to the public.
1972-
1973- (b) On or before September 30 of each year, the Department shall report, in
1974-accordance with § 2–1257 of the State Government Article, to the General Assembly on:
1975-
1976- (1) The enforcement efforts of the Department to eliminate environmental
1977-[tobacco] smoke in indoor areas open to the public during the prior year; and
1978-
1979- (2) The results of these enforcement efforts.
1980-
1981-24–508.
1982-
1983- (a) Subject to subsection (c) of this section and except as provided in subsection
1984-(d) of this section, a person who violates a provision of this subtitle or a regulation adopted
1985-under § 24–507(a) of this subtitle:
1986-
1987- (1) For a first violation, shall be issued a written reprimand by the
1988-Secretary or the Secretary’s designee;
1989-
1990- (2) For a second violation, is subject to a civil penalty of $100; and
1991-
1992- (3) For each subsequent violation, is subject to a civil penalty not less than
1993-$250.
1994-
1995- (b) The Secretary may waive a penalty established under subsection (a) of this
1996-section, giving consideration to factors that include:
1997-
1998- (1) The seriousness of the violation; and
1999-
2000- (2) Any demonstrated good faith measures to comply with the provisions of
2001-this subtitle.
2002-
2003- (c) (1) This subsection does not apply to an alleged violation of subsection (d)
2004-of this section.
2005-
2006- (2) It is an affirmative defense to a complaint brought against a person for
2007-a violation of a provision of this subtitle or a regulation adopted under this subtitle that the
2008-person or an employee of the person:
2009-
2010- (i) Posted a “No Smoking” sign as required under § 24–506 of this
2011-subtitle;
2012- Ch. 26 2022 LAWS OF MARYLAND
2013-
2014-– 44 –
2015- (ii) Removed all ashtrays and other smoking paraphernalia from all
2016-areas where smoking is prohibited; and
2017-
2018- (iii) If the violation occurred in a bar, tavern, or restaurant:
2019-
2020- 1. Refused to seat or serve any individual who was smoking
2021-in a prohibited area; and
2022-
2023- 2. If the individual continued to smoke after an initial
2024-warning, asked the individual to leave the establishment.
2025-
2026- (d) An employer who discharges or discriminates against an employee because
2027-that employee has made a complaint, has given information to the Department in
2028-accordance with this subtitle, has caused to be instituted or is about to cause to be instituted
2029-a proceeding under this subtitle, or has testified or is about to testify in a proceeding under
2030-this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil
2031-penalty of at least $2,000 but not more than $10,000 for each violation.
2032-
2033- (e) (1) An employee may not:
2034-
2035- (i) Make a groundless or malicious complaint under this subtitle to
2036-the Secretary or an authorized representative of the Secretary;
2037-
2038- (ii) In bad faith, bring an action under this subtitle; or
2039-
2040- (iii) In bad faith, testify in an action under this subtitle or a
2041-proceeding that relates to the subject of this subtitle.
2042-
2043- (2) The Secretary may bring an action for injunctive relief and damages
2044-against a person who violates the provisions of paragraph (1) of this subsection.
2045-
2046- (f) A penalty collected by the Secretary under this section shall be paid to the
2047-Cigarette Restitution Fund established under § 7–317 of the State Finance and
2048-Procurement Article.
2049-
2050-24–510.
2051-
2052- Nothing in this subtitle shall be construed to preempt a county or municipal
2053-government from enacting and enforcing more stringent measures to reduce involuntary
2054-exposure to environmental [tobacco] smoke.
2055-
2056- SECTION 6. AND BE IT FURTHER ENACTED, That the La ws of Maryland read
2057-as follows:
2058-
2059-Article – Criminal Law
2060- LAWRENCE J. HOGAN, JR., Governor Ch. 26
2061-
2062-– 45 –
2063-5–101.
2064-
2065- (a) In this title the following words have the meanings indicated.
2066-
2067- (e–2) “Civil use amount” means:
2068-
2069- (1) an amount of usable cannabis that exceeds 1.5 ounces but does not
2070-exceed 2.5 ounces;
2071-
2072- (2) an amount of concentrated cannabis that exceeds 12 grams but does not
2073-exceed 20 grams; OR
2074-
2075- (3) an amount of cannabis products containing
2076-delta–9–tetrahydrocannabinol that exceeds 750 milligrams but does not exceed 1,250
2077-milligrams[; or
2078-
2079- (4) two or fewer cannabis plants].
2080-
2081- (u) “Personal use amount” means:
2082-
2083- (1) an amount of usable cannabis that does not exceed 1.5 ounces;
2084-
2085- (2) an amount of concentrated cannabis that does not exceed 12 grams; OR
2086-
2087- (3) an amount of cannabis products containing
2088-delta–9–tetrahydrocannabinol that does not exceed 750 milligrams[; or
2089-
2090- (4) two or fewer cannabis plants].
2091-
2092-[5–601.2.
2093-
2094- (a) A person may not cultivate cannabis plants in a manner that is contrary to
2095-this section.
2096-
2097- (b) Cannabis plants may not be cultivated in a location where the plants are
2098-subject to public view, including a view from another private property, without the use of
2099-binoculars, aircraft, or other optical aids.
2100-
2101- (c) (1) In this subsection, “reasonable precautions” includes cultivating
2102-cannabis in an enclosed locked space to which persons under the age of 21 years do not
2103-possess a key.
2104-
2105- (2) A person who cultivates cannabis shall take reasonable precautions to
2106-ensure the plants are secure from unauthorized access and access by a person under the
2107-age of 21 years.
2108- Ch. 26 2022 LAWS OF MARYLAND
2109-
2110-– 46 –
2111- (d) Cannabis cultivation may occur only on property lawfully in possession of the
2112-cultivator or with the consent of the person in lawful possession of the property.
2113-
2114- (e) A person under the age of 21 years may not cultivate cannabis plants.
2115-
2116- (f) (1) A person may not cultivate more than two cannabis plants.
2117-
2118- (2) If two or more persons at least 21 years old reside at the same residence,
2119-no more than two cannabis plants may be cultivated at that residence.
2120-
2121- (g) A person who violates this section is guilty of a misdemeanor and on conviction
2122-is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.]
2123-
2124-Article – Criminal Law
2125-
2126-10–123.
2127-
2128- (a) In this part the following words have the meanings indicated.
2129-
2130- (b) “Alcoholic beverage” has the meaning stated in § 21–903 of the Transportation
2131-Article.
2132-
2133- (c) “Bus” has the meaning stated in § 11–105 of the Transportation Article.
2134-
2135- (D) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THIS ARTICLE.
2136-
2137- [(d)] (E) “Highway” has the meaning stated in § 11–127 of the Transportation
2138-Article.
2139-
2140- [(e)] (F) “Limousine” has the meaning stated in § 11–129.1 of the Transportation
2141-Article.
2142-
2143- [(f)] (G) “Motor home” has the meaning stated in § 11 –134.3 of the
2144-Transportation Article.
2145-
2146- [(g)] (H) (1) “Motor vehicle” means a vehicle that:
2147-
2148- (i) is self–propelled or propelled by electric power obtained from
2149-overhead electrical wires; and
2150-
2151- (ii) is not operated on rails.
2152-
2153- (2) “Motor vehicle” includes:
2154-
2155- (i) a low speed vehicle, as defined in § 11–130.1 of the Transportation
2156-Article; LAWRENCE J. HOGAN, JR., Governor Ch. 26
2157-
2158-– 47 –
2159-
2160- (ii) a moped, as defined in § 11–134.1 of the Transportation Article;
2161-and
2162-
2163- (iii) a motor scooter, as defined in § 11–134.5 of the Transportation
2164-Article.
2165-
2166- [(h)] (I) “Moving violation” has the meaning stated in § 11–136.1 of the
2167-Transportation Article.
2168-
2169- [(i)] (J) “Open container” means a bottle, can, or other receptacle:
2170-
2171- (1) that is open;
2172-
2173- (2) that has a broken seal; or
2174-
2175- (3) from which the contents are partially removed.
2176-
2177- [(j)] (K) “Passenger area” has the meaning stated in § 21 –903 of the
2178-Transportation Article.
2179-
2180- [(k)] (L) “Taxicab” has the meaning stated in § 11–165 of the Transportation
2181-Article.
2182-
2183-10–125.
2184-
2185- (a) (1) Except as otherwise provided in subsection (c) of this section, an
2186-occupant of a motor vehicle may not possess an open container that contains any amount of
2187-an alcoholic beverage in a passenger area of a motor vehicle on a highway.
2188-
2189- (2) A driver of a motor vehicle may not be subject to prosecution for a
2190-violation of this subsection based solely on possession of an open container that contains any
2191-amount of an alcoholic beverage by another occupant of the motor vehicle.
2192-
2193- (b) (1) This subsection does not apply to the driver of a motor vehicle.
2194-
2195- (2) Except as otherwise provided in subsection (c) of this section, an
2196-occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a
2197-motor vehicle on a highway.
2198-
2199- (3) AN OCCUPANT OF A MOTO R VEHICLE MAY NOT SM OKE CANNABIS
2200-IN A PASSENGER AREA OF A MOTOR VEHICLE ON A H IGHWAY.
2201-
2202- (c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is
2203-not the driver, in:
2204- Ch. 26 2022 LAWS OF MARYLAND
2205-
2206-– 48 –
2207- (1) a motor vehicle designed, maintained, and used primarily for the
2208-transportation of a person for compensation, including:
2209-
2210- (i) a bus;
2211-
2212- (ii) a taxicab; or
2213-
2214- (iii) a limousine; or
2215-
2216- (2) the living quarters of a motor home, motor coach, or recreational vehicle.
2217-
2218- (d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages
2219-Article, or any other provision of law, the prohibitions contained in this section apply
2220-throughout the State.
2221-
2222- (e) A violation of this section is not:
2223-
2224- (1) a moving violation for the purposes of § 16–402 of the Transportation
2225-Article; or
2226-
2227- (2) a traffic violation for the purposes of the Maryland Vehicle Law.
2228-
2229-Article – Health – General
2230-
2231-SUBTITLE 46. COMMUNITY REINVESTMENT AND REPAIR FUND.
2232-
2233-13–4601.
2234-
2235- (A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND.
2236-
2237- (2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO
2238-COMMUNITY –BASED ORGANIZATIONS THAT SERVE COMMUNITI ES DETERMINED BY
2239-THE OFFICE OF THE ATTORNEY GENERAL TO HAVE BEEN THE MOST IMPACTED BY
2240-DISPROPORTIONATE ENF ORCEMENT OF THE CANN ABIS PROHIBITION BEF ORE JULY
2241-1, 2022.
2242-
2243- (3) THE COMPTROLLER SHALL ADM INISTER THE FUND.
2244-
2245- (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
2246-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
2247-
2248- (II) THE STATE TREASURER SHALL HOLD THE FUND
2249-SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
2250-
2251- (5) THE FUND CONSISTS OF : LAWRENCE J. HOGAN, JR., Governor Ch. 26
2252-
2253-– 49 –
2254-
2255- (I) REVENUE DISTRIBUTED T O THE FUND THAT IS AT LEAST
2256-30% OF THE REVENUES FROM ADULT–USE CANNABIS;
2257-
2258- (II) LICENSING FEES PAID B Y DUAL–LICENSED CANNABIS
2259-ESTABLISHMENTS ; AND
2260-
2261- (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
2262-FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D
2263-BY THE COMPTROLLER FOR THE A CCEPTANCE OF DONATIO NS OR GIFTS TO THE
2264-FUND.
2265-
2266- (6) (I) THE FUND MAY BE USED ONLY FOR:
2267-
2268- 1. FUNDING COMMUN ITY–BASED INITIATIVES
2269-INTENDED TO BENEFIT LOW–INCOME COMMUNITIES ;
2270-
2271- 2. FUNDING COMMUNITY –BASED INITIATIVES TH AT
2272-SERVE COMMUNITIES DI SPROPORTIONATELY HAR MED BY THE CANNABIS
2273-PROHIBITION AND ENFO RCEMENT; AND
2274-
2275- 3. ANY RELATED ADMINISTR ATIVE EXPENSES .
2276-
2277- (II) MONEY MAY NOT BE EXPE NDED FROM THE FUND FOR LAW
2278-ENFORCEMENT AGENCIES OR ACTIVITIES.
2279-
2280- (III) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO
2281-AND MAY NOT SUPPLANT FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR
2282-PREEXISTING LOCAL GO VERNMENT PROGRAMS .
2283-
2284- (7) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
2285-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
2286-
2287- (8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO:
2288-
2289- (I) THE GENERAL FUND OF THE STATE; OR
2290-
2291- (II) ANY OTHER SPECIAL FUN D OF THE STATE.
2292-
2293- (9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND.
2294-
2295- (10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE
2296-AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE.
2297- Ch. 26 2022 LAWS OF MARYLAND
2298-
2299-– 50 –
2300- (B) (1) THE COMPTROLLER SHALL DIS TRIBUTE FUNDS FROM THE FUND
2301-TO EACH COUNTY IN AN AMOUNT THAT , FOR THE PERIOD FROM JULY 1, 2002, TO
2302-JUNE 30, 2022, BOTH INCLUSIVE , IS PROPORTIONATE TO THE TOTAL NUMBER OF
2303-MARIJUANA ARRESTS IN THE COUNTY COMPARED TO THE TOTAL NUMBER OF
2304-MARIJUANA ARRESTS IN THE STATE.
2305-
2306- (2) (I) SUBJECT TO THE LIMITA TIONS UNDER SUBSECTI ON (A)(6)
2307-OF THIS SECTION, EACH COUNTY SHALL AD OPT A LAW ESTABLISHI NG THE PURPOSE
2308-FOR WHICH MONEY RECE IVED FROM THE FUND MAY BE USED .
2309-
2310- (II) ON OR BEFORE DECEMBER 1 EVERY 2 YEARS, BEGINNING IN
2311-2024, EACH LOCAL JURISDICTION SHALL S UBMIT A REPORT TO TH E GOVERNOR AND ,
2312-IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE
2313-BUDGET AND TAXATION COMMITTEE, THE SENATE FINANCE COMMITTEE, THE
2314-HOUSE JUDICIARY COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT
2315-OPERATIONS COMMITTEE ON HOW FUND S RECEIVED FROM THE FUND WERE SPENT
2316-DURING THE IMMEDIATE LY PRECEDING 2 FISCAL YEARS.
2317-
2318-Article – Transportation
2319-
2320-21–903.
2321-
2322- (a) (1) In this section the following words have the meanings indicated.
2323-
2324- (2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented
2325-liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for
2326-beverage purposes.
2327-
2328- (3) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THE
2329-CRIMINAL LAW ARTICLE.
2330-
2331- [(3)] (4) (i) “Passenger area” means an area that:
2332-
2333- 1. Is designed to seat the driver and any passenger of a motor
2334-vehicle while the motor vehicle is in operation; or
2335-
2336- 2. Is readily accessible to the driver or a passenger of a motor
2337-vehicle while in their seating positions.
2338-
2339- (ii) “Passenger area” does not include:
2340-
2341- 1. A locked glove compartment;
2342-
2343- 2. The trunk of a motor vehicle; or
2344- LAWRENCE J. HOGAN, JR., Governor Ch. 26
2345-
2346-– 51 –
2347- 3. If a motor vehicle is not equipped with a trunk, the area
2348-behind the rearmost upright seat or an area that is not normally occupied by the driver or a
2349-passenger of the motor vehicle.
2350-
2351- (b) This section applies to a motor vehicle that is driven, stopped, standing, or
2352-otherwise located on a highway.
2353-
2354- (c) A driver of a motor vehicle may not consume an alcoholic beverage, OR SMOKE
2355-OR CONSUME CANNABIS , in a passenger area of a motor vehicle on a highway.
2356-
2357- (d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages
2358-Article, or any other provision of law, the prohibition contained in this section applies
2359-throughout the State.
2360-
2361- SECTION 6. 7. AND BE IT FURTHER ENACTED, That the terms of the initial
2362-appointed members of the Cannabis Public Health Advisory Council shall expire as follows:
2363-
2364- (1) three members in 2025;
2365-
2366- (2) three members in 2026; and
2367-
2368- (3) four members in 2027.
2369-
2370- SECTION 8. AND BE IT FURTHER ENACTED, That, if the voters ratify Chapter
2371-___ (H.B. 1) of the Acts of the General Assembly of 2022, legalizing cannabis in the State, it
2372-is the intent of the General Assembly that:
2373-
2374- (1) the Office of the Executive Director of the Alcohol and Tobacco
2375-Commission shall be the successor of the Natalie M. LaPrade Medical Cannabis
2376-Commission in matters concerning the regulation of medical cannabis;
2377-
2378- (2) the transfer of personnel from the Natalie M. LaPrade Medical Cannabis
2379-Commission to the Office of the Executive Director of the Alcohol and Tobacco Commission
2380-shall be studied jointly by the Commissions; and
2381-
2382- (3) on or before January 1, 2023, the Commissions shall make a
2383-recommendation to the General Assembly, in accordance with § 2–1257 of the State
2384-Government Article, on how to transfer personnel in a manner that:
2385-
2386- (i) will minimize the costs of the transfer and result in a more
2387-cost–efficient operation for the regulation of cannabis for the protection of the public health,
2388-safety, and welfare of the State;
2389-
2390- (ii) does not result in any diminution of pay, working conditions,
2391-benefits, rights, or status; and
2392- Ch. 26 2022 LAWS OF MARYLAND
2393-
2394-– 52 –
2395- (iii) allows personnel to retain any merit system and retirement status
2396-they may have on the date of transfer.
2397-
2398- SECTION 7. 8. 9. AND BE IT FURTHER ENACTED, That:
2399-
2400- (a) The certification agency designated by the Board of Public Works under §
2401-14–303(b) of the State Finance and Procurement Article, in consultation with the
2402-Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly,
2403-and the Office of the Attorney General, shall review the Business Disparities in the
2404-Maryland Market Area study completed on February 8, 2017, the Analysis of the Maryland
2405-Medical Cannabis Industry report completed on December 8, 2017, and the analysis of the
2406-industry report completed on January 17, 2018, to evaluate whether the data and analyses
2407-in the study and reports are sufficient to determine whether the enactment of remedial
2408-measures to assist minorities and women in the adult–use cannabis industry and market
2409-would comply with the requirements of City of Richmond v. J. A. Croson Co., 488 U.S. 469,
2410-and any subsequent federal or constitutional requirements.
2411-
2412- (b) (1) If a determination is made that the data and analyses in the study and
2413-reports reviewed under subsection (a) of this section are sufficient to determine whether
2414-the enactment of remedial measures to assist minorities and women in the adult–use
2415-cannabis industry and market would comply with the requirements of the Croson decision
2416-and any subsequent federal or constitutional requirements, the certification agency shall
2417-submit the findings of the review to the Legislative Policy Committee, in accordance with
2418-§ 2–1257 of the State Government Article, on or before July 1, 2022, so that the General
2419-Assembly may review the findings before the 2023 legislative session.
2420-
2421- (2) (i) If a determination is made that the data and analyses in the
2422-study and reports reviewed under subsection (a) of this section are insufficient to determine
2423-whether the enactment of remedial measures to assist minorities and women in the
2424-adult–use cannabis industry and market would comply with the requirements of the Croson
2425-decision and any subsequent federal or constitutional requirements, the certification
2426-agency and the Department of Legislative Services, in consultation with the Governor’s
2427-Office of Small, Minority, and Women Business Affairs, the General Assembly, and the
2428-Office of the Attorney General, shall initiate a study of the cannabis industry to evaluate
2429-whether the enactment of remedial measures to assist minorities and women in the
2430-adult–use cannabis industry and market would comply with the requirements of the Croson
2431-decision and any subsequent federal or constitutional requirements.
2432-
2433- (ii) The certification agency shall submit the findings of the study
2434-initiated in accordance with subparagraph (i) of this paragraph to the Legislative Policy
2435-Committee, in accordance with § 2–1257 of the State Government Article, on or before
2436-November 1, 2022, so that the General Assembly may review the findings before the 2023
2437-legislative session.
2438-
2439- (c) (1) The Natalie M. LaPrade Medical Cannabis Commission shall require
2440-licensed growers, processors, and dispensaries and preapproved applicants for licensure LAWRENCE J. HOGAN, JR., Governor Ch. 26
2441-
2442-– 53 –
2443-under Title 13, Subtitle 33 of the Health – General Article to provide to the Commission
2444-any information determined to be necessary to continue to assess the need for remedial
2445-measures in the cannabis industry and market that may include the following data broken
2446-down by State fiscal year for the period beginning July 1, 2016, and ending June 30, 2022:
2447-
2448- (i) a list of the licensee’s or applicant’s expenditures for each State
2449-fiscal year; and
2450-
2451- (ii) for each expenditure, a description of the work performed, the
2452-dollar value of the expenditure, whether the work was performed by the licensee or a
2453-contractor or subcontractor, and, if performed by a contractor or subcontractor, the name
2454-of the entity that performed the work.
2455-
2456- (2) Each licensed grower, processor, and dispensary and preapproved
2457-applicant for licensure under Title 13, Subtitle 33 of the Health – General Article shall
2458-provide the data requested under paragraph (1) of this subsection to the Commission on or
2459-before July 1, 2022.
2460-
2461- (3) The Commission shall provide the data collected under paragraph (1)
2462-of this subsection to the certification agency on or before July 15, 2022.
2463-
2464- (4) All data provided by each licensed grower, processor, and dispensary
2465-and preapproved applicant for licensure under Title 13, Subtitle 33 of the Health – General
2466-Article under this subsection:
2467-
2468- (i) shall constitute confidential commercial information and
2469-confidential financial information and be treated as confidential by the Commission and
2470-the State; and
2471-
2472- (ii) may be used only for purposes authorized under this section and
2473-be disclosed to the public only in an anonymized or aggregated format.
2474-
2475- (d) The Governor’s Office of Small, Minority, and Women Business Affairs, in
2476-consultation with the certification agency and the Office of the Attorney General, shall
2477-develop race– and gender–neutral approaches to address the needs of minority and women
2478-applicants and minority– and women–owned businesses seeking to participate in the
2479-adult–use cannabis industry and submit a report of its findings to the Legislative Policy
2480-Committee, in accordance with § 2–1257 of the State Government Article, on or before
2481-October 15, 2022, so that the General Assembly may review, consider, and adopt race– and
2482-gender–neutral alternatives in any legislation adopted concerning the adult–use cannabis
2483-industry.
2484-
2485- SECTION 8. 9. 10. AND BE IT FURTHER ENACTED, That:
2486-
2487- (a) The Natalie M. LaPrade Medical Cannabis Commission shall study and make
2488-recommendations on: Ch. 26 2022 LAWS OF MARYLAND
2489-
2490-– 54 –
2491-
2492- (1) a home grow program to authorize qualifying patients to grow cannabis
2493-plants for personal use, including best practices implemented in other states;
2494-
2495- (2) the establishment of on–site cannabis consumption facilities; and
2496-
2497- (3) methods to reduce the use of cannabis by minors, including best
2498-practices regarding requirements related to advertising, potency, packaging, labeling, and
2499-other methods to reduce the appeal of cannabis to minors.
2500-
2501- (b) The study required under subsection (a) of this section shall identify methods
2502-adopted by the Natalie M. LaPrade Medical Cannabis Commission through regulations as
2503-well as best practices implemented in other states.
2504-
2505- (b) (c) On or before November 1, 2022, the Natalie M. LaPrade Medical Cannabis
2506-Commission shall report its findings and recommendations for the program to the Governor
2507-and, in accordance with § 2–1257 of the State Government Article, the Senate Finance
2508-Committee, the Senate Judicial Proceedings Committee, the House Judiciary Committee,
2509-and the House Health and Government Operations Committee.
2510-
2511- SECTION 11. AND BE IT FURTHER ENACTED, That the State may not issue
2512-applications for new licenses to an adult–use cannabis cultivator, processor, retailer, or any
2513-other adult–use cannabis establishment until the report required under Section 9 of this Act
2514-is received and reviewed by the Legislative Policy Committee.
2515-
2516- SECTION 12. AND BE IT FU RTHER ENACTED, That, on or before December 1,
2517-2022, the Attorney General shall, in accordance with § 2–1257 of the State Government
2518-Article, provide to the General Assembly a formal opinion regarding the impact of cannabis
2519-legalization on the authority of police officers to conduct searches of individuals and vehicles
2520-based on detection of the odor of burnt or unburnt cannabis, including in cases involving
2521-suspicion of possession with intent to distribute cannabis, growing or manufacturing
2522-cannabis or cannabis products, or driving under the influence of cannabis.
2523-
2524- SECTION 9. 10. 13. AND BE IT FURTHER ENACTED, That the publishers of the
2525-Annotated Code of Maryland, in consultation with and subject to the approval of the
2526-Department of Legislative Services, shall correct, with no further action required by the
2527-General Assembly, cross–references and terminology rendered incorrect by this Act.
2528-References to the term “marijuana” shall be replaced with references to the term
2529-“cannabis”. The publishers shall adequately describe any correction that is made in an
2530-editor’s note following the section affected.
2531-
2532- SECTION 10. 11. 14. AND BE IT FURTHER ENACTED, That Sections 2, 3, 4, 5,
2533-and 6 6, and 7 7, and 8 of this Act are contingent on the passage of Chapter ___ (H.B. 1) of
2534-the Acts of the General Assembly of 2022, a constitutional amendment, and its ratification
2535-by the voters of the State.
2536- LAWRENCE J. HOGAN, JR., Governor Ch. 26
2537-
2538-– 55 –
2539- SECTION 11. 12. 15. AND BE IT FURTHER ENACTED, That, subject to t he
2540-provisions of Section 10 11 14 of this Act, Section 3 of this Act shall take effect January 1,
2541-2023. Section 3 of this Act shall remain effective for a period of 6 months and, at the end of
2542-June 30, 2023, Section 3 of this Act, with no further action required by the General
2543-Assembly, shall be abrogated and of no further force and effect.
2544-
2545- SECTION 12. 13. 16. AND BE IT FURTHER ENACTED, That, subject to the
2546-provisions of Section 10 11 14 of this Act, Section 4 of this Act shall take effect July 1, 2023.
2547-
2548- SECTION 14. 17. AND BE IT FURTHER ENACTED, That, subject to the provisions
2549-of Section 11 14 of this Act, Section 6 of this Act shall take effect July 1, 2028 2023.
2550-
2551- SECTION 13. 15. 18. AND BE IT FURTHER ENACTED, That, subject to the
2552-provisions of Section 10 11 14 of this Act, Sections 2, 5, and 6 7 of this Act shall take effect
2553-January 1, 2023.
2554-
2555- SECTION 14. 16. 19. AND BE IT FURTHER ENACTED, That, except as provided
2556-in Sections 11, 12, and 13 12, 13, 14, and 15 15, 16, 17, and 18 of this Act, this Act shall
2557-take effect June 1, 2022.
2558-
2559-Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.
1+
2+
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0837*
10+
11+HOUSE BILL 837
12+E1, E2, J1 (2lr1616)
13+ENROLLED BILL
14+— Judiciary/Finance and Budget and Taxation —
15+Introduced by Delegate Clippinger
16+
17+Read and Examined by Proofreaders:
18+
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
23+
24+Sealed with the Great Seal and presented to the Governor, for his approval this
25+
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
27+
28+______________________________________________
29+Speaker.
30+
31+CHAPTER ______
32+
33+AN ACT concerning 1
34+
35+Cannabis Reform 2
36+
37+FOR the purpose of requiring the Natalie M. LaPrade Medical Cannabis Commission, in 3
38+consultation with certain stakeholders, to conduct a certain baseline study of 4
39+cannabis use in the State; establishing the Cannabis Business Assistance Fund in 5
40+the Department of Commerce as a special, nonlapsing fund to provide assistance to 6
41+small, minority, and women–owned businesses entering the adult–use cannabis 7
42+industry; altering certain provisions relating to penalties, charging procedures, 8
43+expungement, shielding, and sentencing for certain offenses involving marijuana; 9
44+legalizing the use and possession of a certain quantity of marijuana by a person who 10
45+is at least a certain age; establishing the Cannabis Public Health Advisory Council; 11
46+establishing the Cannabis Public Health Fund; establishing the Community 12
47+Reinvestment and Repair Fund; adding the smoking of cannabis and hemp to certain 13
48+provisions of law prohibiting smoking in certain indoor areas; allowing a subtraction 14
49+modification under the Maryland income tax for certain expenses paid or incurred 15 2 HOUSE BILL 837
50+
51+
52+during the taxable year in carrying on a trade or business as a certain medical 1
53+cannabis grower, processor, dispensary, or independent testing laboratory; and 2
54+generally relating to cannabis. 3
55+
56+BY adding to 4
57+ Article – Health – General 5
58+Section 13–4401 to be under the new subtitle “Subtitle 44. Cannabis Use Baseline 6
59+Study”; and 13–4501 through 13–4506 to be under the new subtitle “Subtitle 7
60+45. Cannabis Public Health Advisory Council”; and 13–4601 to be under the 8
61+new subtitle “Subtitle 46. Community Reinvestment and Repair Fund” 9
62+ Annotated Code of Maryland 10
63+ (2019 Replacement Volume and 2021 Supplement) 11
64+
65+BY repealing and reenacting, without amendments, 12
66+ Article – Tax – General 13
67+ Section 10–208(a) and 10–308(a) 14
68+ Annotated Code of Maryland 15
69+ (2016 Replacement Volume and 2021 Supplement) 16
70+
71+BY adding to 17
72+ Article – Tax – General 18
73+ Section 10–208(bb) 19
74+ Annotated Code of Maryland 20
75+ (2016 Replacement Volume and 2021 Supplement) 21
76+
77+BY repealing and reenacting, with amendments, 22
78+ Article – Tax – General 23
79+ Section 10–308(b) 24
80+ Annotated Code of Maryland 25
81+ (2016 Replacement Volume and 2021 Supplement) 26
82+
83+BY adding to 27
84+ Article – Economic Development 28
85+Section 5–1901 to be under the new subtitle “Subtitle 19. Cannabis Business 29
86+Assistance Fund” 30
87+ Annotated Code of Maryland 31
88+ (2018 Replacement Volume and 2021 Supplement) 32
89+
90+BY repealing and reenacting, without amendments, 33
91+ Article – State Finance and Procurement 34
92+ Section 6–226(a)(2)(i) 35
93+ Annotated Code of Maryland 36
94+ (2021 Replacement Volume) 37
95+
96+BY repealing and reenacting, with amendments, 38
97+ Article – State Finance and Procurement 39
98+ Section 6–226(a)(2)(ii)144. and 145. 40 HOUSE BILL 837 3
99+
100+
101+ Annotated Code of Maryland 1
102+ (2021 Replacement Volume) 2
103+
104+BY adding to 3
105+ Article – State Finance and Procurement 4
106+ Section 6–226(a)(2)(ii)146. and 147. through 148. 5
107+ Annotated Code of Maryland 6
108+ (2021 Replacement Volume) 7
109+
110+BY repealing and reenacting, without amendments, 8
111+ Article – Criminal Law 9
112+Section 5–101(a) and 5–601(a) and (c)(1) 10
113+ Annotated Code of Maryland 11
114+ (2021 Replacement Volume and 2021 Supplement) 12
115+
116+BY repealing and reenacting, with amendments, 13
117+ Article – Criminal Law 14
118+Section 5–101(p) and (s) through (u), 5–601(a), (c)(2) and (4), and (d), 5–601.1, 5–602, 15
119+5–603, and 5–607 5–607, 5–619(c), and 5–620 5–620, 10–123, and 10–125 16
120+ Annotated Code of Maryland 17
121+ (2021 Replacement Volume and 2021 Supplement) 18
122+
123+BY repealing and reenacting, without amendments, 19
124+ Article – Courts and Judicial Proceedings 20
125+Section 3–8A–01(a) 21
126+ Annotated Code of Maryland 22
127+ (2020 Replacement Volume and 2021 Supplement) 23
128+
129+BY repealing and reenacting, with amendments, 24
130+ Article – Courts and Judicial Proceedings 25
131+Section 3–8A–01(dd) and 3–8A–33(a) 26
132+ Annotated Code of Maryland 27
133+ (2020 Replacement Volume and 2021 Supplement) 28
134+
135+BY repealing 29
136+ Article – Criminal Law 30
137+Section 5–101(r) 31
138+ Annotated Code of Maryland 32
139+ (2021 Replacement Volume and 2021 Supplement) 33
140+
141+BY adding to 34
142+ Article – Criminal Law 35
143+Section 5–101(r) 5–101(e–1), (e–2), and (u), 5–601.2, and 5–602(c) 36
144+ Annotated Code of Maryland 37
145+ (2021 Replacement Volume and 2021 Supplement) 38
146+
147+BY repealing and reenacting, with amendments, 39 4 HOUSE BILL 837
148+
149+
150+ Article – Criminal Procedure 1
151+Section 4–101(c), 10–101(e), 10–105(a)(12) and (c)(8), 10–107, 10–110(a) and (c), and 2
152+10–111 3
153+ Annotated Code of Maryland 4
154+ (2018 Replacement Volume and 2021 Supplement) 5
155+
156+BY repealing and reenacting, without amendments, 6
157+ Article – Criminal Procedure 7
158+ Section 10–101(a) and (d) 8
159+ Annotated Code of Maryland 9
160+ (2018 Replacement Volume and 2021 Supplement) 10
161+
162+BY adding to 11
163+ Article – Criminal Procedure 12
164+Section 10–105.3 and 10–112 13
165+ Annotated Code of Maryland 14
166+ (2018 Replacement Volume and 2021 Supplement) 15
167+
168+BY repealing and reenacting, with amendments, 16
169+ Article – Health – General 17
170+Section 24–501 through 24–503, 24–507, and 24–510 18
171+ Annotated Code of Maryland 19
172+ (2019 Replacement Volume and 2021 Supplement) 20
173+
174+BY repealing and reenacting, without amendments, 21
175+ Article – Health – General 22
176+Section 24–504, 24–505, and 24–508 23
177+ Annotated Code of Maryland 24
178+ (2019 Replacement Volume and 2021 Supplement) 25
179+
180+BY repealing and reenacting, with amendments, 26
181+ Article – Criminal Law 27
182+Section 5–101(e–2) and (u) 28
183+Annotated Code of Maryland 29
184+(2021 Replacement Volume and 2021 Supplement) 30
185+ (As enacted by Section 4 of this Act) 31
186+
187+BY repealing 32
188+ Article – Criminal Law 33
189+Section 5–601.2 34
190+ Annotated Code of Maryland 35
191+(2021 Replacement Volume and 2021 Supplement) 36
192+ (As enacted by Section 4 of this Act) 37
193+
194+BY repealing and reenacting, with amendments, 38
195+ Article – Transportation 39
196+ Section 21–903 40 HOUSE BILL 837 5
197+
198+
199+ Annotated Code of Maryland 1
200+ (2020 Replacement Volume and 2021 Supplement) 2
201+
202+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
203+That the Laws of Maryland read as follows: 4
204+
205+Article – Health – General 5
206+
207+SUBTITLE 44. CANNABIS USE BASELINE STUDY. 6
208+
209+13–4401. 7
210+
211+ (A) THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, IN 8
212+CONSULTATION WITH TH E DEPARTMENT , THE BEHAVIORAL HEALTH 9
213+ADMINISTRATION , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 10
214+VICTIM SERVICES, THE MARYLAND POISON CENTER, THE STATE’S DESIGNATED 11
215+HEALTH INFORMATION EXCHANGE, AND THE MARYLAND HOSPITAL ASSOCIATION, 12
216+SHALL CONDUCT , OR CONTRACT WITH AN INSTITUTION OF HIGHE R EDUCATION OR 13
217+A PRIVATE RESEARCH E NTITY TO CONDUCT , A COMPREHENSIVE BASE LINE STUDY 14
218+OF CANNABIS USE IN T HE STATE THAT INCLUDES A SURVEY OF: 15
219+
220+ (1) PATTERNS OF USE, INCLUDING FREQUENCY OF USE AND DOSING , 16
221+METHODS OF CONSUMPTI ON, AND GENERAL PERCEPTI ONS OF CANNABIS AMON G: 17
222+
223+ (I) INDIVIDUALS UNDER THE AGE OF 21 18 YEARS; 18
224+
225+ (II) INDIVIDUALS AT LEAST 18 YEARS OLD AND UNDER THE AGE 19
226+OF 21 YEARS; 20
227+
228+ (II) (III) INDIVIDUALS AT LEAST 21 YEARS OLD AND UNDER 21
229+THE AGE OF 55 YEARS; 22
230+
231+ (III) (IV) INDIVIDUALS AT LEAST 55 YEARS OLD; 23
232+
233+ (IV) (V) PREGNANT WOMEN ; AND 24
234+
235+ (V) (VI) BREASTFEEDING WOMEN ; 25
236+
237+ (2) INCIDENTS OF IMPAIRED DRIVING, INCLUDING ARRESTS , 26
238+ACCIDENTS, AND FATALITIES, RELATED TO CANNABIS USE; 27
239+
240+ (3) HOSPITALIZATIONS RELA TED TO CANNABIS USE ; 28
241+ 6 HOUSE BILL 837
242+
243+
244+ (4) CALLS TO POISON CONTR OL CENTERS RELATED T O CANNABIS 1
245+USE, INCLUDING DATA ON CA LLS RELATED TO INDIV IDUALS UNDER THE AGE OF 21 2
246+YEARS; AND 3
247+
248+ (5) DIAGNOSES OF CANNABIS USE DISORDER AND PRO BLEM 4
249+CANNABIS USE. 5
250+
251+ (B) ON OR BEFORE JANUARY MARCH 1, 2023, THE NATALIE M. LAPRADE 6
252+MEDICAL CANNABIS COMMISSION SHALL SUBM IT A REPORT OF THE F INDINGS OF 7
253+THE BASELINE STUDY C ONDUCTED UNDER SUBSE CTION (A) OF THIS SECTION TO 8
254+THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 9
255+ARTICLE, THE SENATE FINANCE COMMITTEE, THE SENATE JUDICIAL 10
256+PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE 11
257+HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 12
258+
259+ (C) ON OR BEFORE JANUARY MARCH 1, 2025, AND EVERY OTHER YEAR 13
260+THEREAFTER , THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION 14
261+SHALL: 15
262+
263+ (1) SURVEY THE SAME FACTO RS THAT ARE SET FORT H IN 16
264+SUBSECTION (A) OF THIS SECTION; 17
265+
266+ (2) USE THE SAME METHODOL OGY OR MODEL T HAT IS USED TO 18
267+CONDUCT THE SURVEY R EQUIRED UNDER SUBSEC TION (A) OF THIS SECTION; AND 19
268+
269+ (3) SUBMIT A REPORT OF TH E FINDINGS OF THE SU RVEY REQUIRED 20
270+UNDER THIS SUBSECTIO N TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 21
271+OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE, THE 22
272+SENATE JUDICIAL PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY 23
273+COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 24
274+COMMITTEE. 25
275+
276+Article – Tax – General 26
277+
278+10–208. 27
279+
280+ (a) In addition to the modification under § 10–207 of this subtitle, the amounts 28
281+under this section are subtracted from the federal adjusted gross income of a resident to 29
282+determine Maryland adjusted gross income. 30
283+
284+ (BB) (1) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS SECTION 31
285+INCLUDES THE AMOUNT OF ORDINARY AND NE CESSARY EXPENSES PAI D OR 32
286+INCURRED DURING THE TAXABLE YEAR IN CARR YING ON A TRADE OR A BUSINESS AS 33
287+A MEDICAL CANNABIS G ROWER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S 34 HOUSE BILL 837 7
288+
289+
290+ESTABLISHMENT LICENS ED BY THE STATE, IF THE DEDUCTION FOR ORDINARY AND 1
291+NECESSARY EXPEN SES IS DISALLOWED UN DER § 280E OF THE INTERNAL REVENUE 2
292+CODE. 3
293+
294+ (2) THE SUBTRACTION ALLOW ED UNDER PARAGRAPH (1) OF THIS 4
295+SUBSECTION INCLUDES A REASONABLE ALLOWAN CE FOR SALARIES OR O THER 5
296+COMPENSATION FOR PER SONAL SERVICES ACTUA LLY RENDERED DURING THE 6
297+TAXABLE YEAR. 7
298+
299+ (3) THE SUBTRACTION ALLOW ED UNDER THIS SUBSEC TION IS 8
300+APPLICABLE TO ALL TA XABLE YEARS BEGINNIN G AFTER DECEMBER 31, 2021. 9
301+
302+10–308. 10
303+
304+ (a) In addition to the modification under § 10–307 of this subtitle, the amounts 11
305+under this section are subtracted from the federal taxable income of a corporation to 12
306+determine Maryland modified income. 13
307+
308+ (b) The subtraction under subsection (a) of this section includes the amounts 14
309+allowed to be subtracted for an individual under: 15
310+
311+ (1) § 10–208(d) of this title (Enhanced agricultural management equipment 16
312+expenses); 17
313+
314+ (2) § 10–208(i) of this title (Reforestation or timber stand expenses); 18
315+
316+ (3) § 10–208(k) of this title (Wage expenses for targeted jobs); 19
317+
318+ (4) § 10–208(p) of this title (Elevator handrails in health care facilities); 20
319+[and] 21
320+
321+ (5) § 10–208(z) of this title (Donations to diaper banks and other charitable 22
322+entities); AND 23
323+
324+ (6) § 10–208(BB) OF THIS TITLE (TRADE OR BUSINESS EXP ENSES OF 24
325+MEDICAL CANNABIS GRO WER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S 25
326+ESTABLISHMENT ). 26
327+
328+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
329+as follows: 28
330+
331+Article – Economic Development 29
332+
333+SUBTITLE 19. CANNABIS BUSINESS ASSISTANCE FUND. 30
334+ 8 HOUSE BILL 837
335+
336+
337+5–1901. 1
338+
339+ (A) IN THIS SECTION , “FUND” MEANS THE CANNABIS BUSINESS 2
340+ASSISTANCE FUND. 3
341+
342+ (B) THERE IS A CANNABIS BUSINESS ASSISTANCE FUND. 4
343+
344+ (C) THE PURPOSE OF THE FUND IS TO ASSIST SMA LL, MINORITY–OWNED, 5
345+AND WOMEN –OWNED BUSINESSES ENT ERING THE ADULT –USE CANNABIS INDUSTR Y. 6
346+
347+ (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 7
348+
349+ (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 8
350+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9
351+
352+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 10
353+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 11
354+
355+ (F) THE FUND CONSISTS O F: 12
356+
357+ (1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 13
358+
359+ (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 14
360+THE BENEFIT OF THE FUND. 15
361+
362+ (G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND 16
363+MAY BE USED ONLY FOR : 17
364+
365+ (I) GRANTS OR LOA NS TO SMALL , MINORITY–OWNED, OR 18
366+WOMEN–OWNED BUSINESSES FOR : 19
367+
368+ 1. LICENSE APPLICATION ASSISTANCE FOR 20
369+PARTICIPATION IN THE ADULT–USE CANNABIS INDUSTR Y; 21
370+
371+ 2. ASSISTANCE WITH THE OPERATING OR CAPITAL 22
372+EXPENSES OF A BUSINE SS PARTICIPATING IN THE ADULT–USE CANNABIS INDUSTRY ; 23
373+OR 24
374+
375+ 3. TARGETED TRAINING TO SUPPORT PARTICIPATIO N IN 25
376+THE ADULT–USE CANNABIS INDUSTR Y; AND 26
377+
378+ (II) GRANTS TO HISTORICAL LY BLACK COLLEGES AN D 27
379+UNIVERSITIES FOR CAN NABIS–RELATED PROGRAMS AND BUSINESS DEVELOPMENT 28
380+ORGANIZATIONS , INCLUDING INCUBATORS , TO TRAIN AND ASSIST SMALL, 29 HOUSE BILL 837 9
381+
382+
383+MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS SEEKING TO 1
384+BECOME LICENSED T O PARTICIPATE IN THE ADULT–USE CANNABIS INDUSTR Y. 2
385+
386+ (2) THE DEPARTMENT : 3
387+
388+ (I) SHALL PRIORITIZE AWA RDING GRANTS AND LOA NS IN 4
389+ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION T O: 5
390+
391+ 1. POPULATIONS THAT HAV E BEEN HISTORICALLY 6
392+DISPROPORTIONATELY I MPACTED BY THE ENFOR CEMENT OF LAWS CRIMI NALIZING 7
393+THE USE OF CANNABIS ; AND 8
394+
395+ (II) MAY AWARD GRANTS OR LOANS TO 9
396+
397+ 2. INDIVIDUALS WHO HAVE BEEN CONVICTED OF A 10
398+VIOLATION OF A LAW C RIMINALIZING THE USE OF CANNABIS ; AND 11
399+
400+ (III) (II) MAY NOT AWARD GRANTS OR LOANS TO SMALL , 12
401+MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS WITH HIGH A 13
402+PERSONAL NET WORTH EXCEEDING $1,700,000. 14
403+
404+ (3) IN ORDER TO AWARD GRA NTS AND LOANS IN ACC ORDANCE WITH 15
405+PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL DEVE LOP 16
406+PARTNERSHIPS WITH : 17
407+
408+ (I) TRADITIONAL MINORITY –SERVING INSTITUTIONS IN THE 18
409+STATE AND SURROUNDING JURISDICTIONS, INCLUDING HISTORICAL LY BLACK 19
410+COLLEGES AND UNIVERS ITIES; 20
411+
412+ (II) TRADE ASSOCIATI ONS REPRESENTING MIN ORITY AND 21
413+WOMEN–OWNED BUSINESSES ; AND 22
414+
415+ (III) THE GOVERNOR’S OFFICE OF SMALL, MINORITY, AND 23
416+WOMEN BUSINESS AFFAIRS. 24
417+
418+ (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 25
419+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 26
420+
421+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 27
422+THE FUND. 28
423+
424+ (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 29
425+WITH THE STATE BUDGET . 30
426+ 10 HOUSE BILL 837
427+
428+
429+Article – State Finance and Procurement 1
430+
431+6–226. 2
432+
433+ (a) (2) (i) Notwithstanding any other provision of law, and unless 3
434+inconsistent with a federal law, grant agreement, or other federal requirement or with the 4
435+terms of a gift or settlement agreement, net interest on all State money allocated by the 5
436+State Treasurer under this section to special funds or accounts, and otherwise entitled to 6
437+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 7
438+Fund of the State. 8
439+
440+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 9
441+to the following funds: 10
442+
443+ 144. the Health Equity Resource Community Reserve Fund; 11
444+[and] 12
445+
446+ 145. the Access to Counsel in Evictions Special Fund; 13
447+
448+ 146. THE CANNABIS BUSINESS ASSISTANCE FUND; AND 14
449+
450+ 147. THE CANNABIS PUBLIC HEALTH FUND; AND 15
451+
452+ 148. THE COMMUNITY REINVESTMENT AND REPAIR FUND. 16
453+
454+ SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
455+as follows: 18
456+
457+Article – Criminal Law 19
458+
459+5–101. 20
460+
461+ (a) In this title the following words have the meanings indicated. 21
462+
463+ (E–2) “CIVIL USE AMOUNT ” MEANS: 22
464+
465+ (1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 23
466+BUT DOES NOT EXCEED 2.5 OUNCES; 24
467+
468+ (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12 25
469+GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR 26
470+
471+ (3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 27
472+DELTA–9–TETRAHYDROCANNAB INOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 28
473+NOT EXCEED 1,250 MILLIGRAMS. 29
474+ HOUSE BILL 837 11
475+
476+
477+ (U) “PERSONAL USE AMOUNT ” MEANS: 1
478+
479+ (1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5 2
480+OUNCES; 3
481+
482+ (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 4
483+EXCEED 12 GRAMS; OR 5
484+
485+ (3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 6
486+DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS. 7
487+
488+5–601. 8
489+
490+ (a) Except as otherwise provided in this title, a person may not: 9
491+
492+ (1) possess or administer to another a controlled dangerous substance, 10
493+unless obtained directly or by prescription or order from an authorized provider acting in 11
494+the course of professional practice; or 12
495+
496+ (2) obtain or attempt to obtain a controlled dangerous substance, or 13
497+procure or attempt to procure the administration of a controlled dangerous substance by: 14
498+
499+ (i) fraud, deceit, misrepresentation, or subterfuge; 15
500+
501+ (ii) the counterfeiting or alteration of a prescription or a written 16
502+order; 17
503+
504+ (iii) the concealment of a material fact; 18
505+
506+ (iv) the use of a false name or address; 19
507+
508+ (v) falsely assuming the title of or representing to be a 20
509+manufacturer, distributor, or authorized provider; or 21
510+
511+ (vi) making, issuing, or presenting a false or counterfeit prescription 22
512+or written order. 23
513+
514+ (c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 24
515+person who violates this section is guilty of a misdemeanor and on conviction is subject to: 25
516+
517+ (i) for a first conviction, imprisonment not exceeding 1 year or a fine 26
518+not exceeding $5,000 or both; 27
519+
520+ (ii) for a second or third conviction, imprisonment not exceeding 18 28
521+months or a fine not exceeding $5,000 or both; or 29
522+ 12 HOUSE BILL 837
523+
524+
525+ (iii) for a fourth or subsequent conviction, imprisonment not 1
526+exceeding 2 years or a fine not exceeding $5,000 or both. 2
527+
528+ (2) (i) Except as provided in subparagraph (ii) of this paragraph, a 3
529+person whose violation of this section involves the use or possession of [marijuana] 4
530+CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 5
531+subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 6
532+
533+ (ii) 1. A [first] finding of guilt under this section involving the 7
534+use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF 8
535+CANNABIS THE PERSONAL USE AMOUNT OF CANNABIS is a civil offense punishable by 9
536+a fine not exceeding $100. 10
537+
538+ 2. A [second] finding of guilt under this section involving the 11
539+use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT 12
540+MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil 13
541+offense punishable by a fine not exceeding $250. 14
542+
543+ 3. [A third or subsequent finding of guilt under this section 15
544+involving the use or possession of less than 10 grams of marijuana is a civil offense 16
545+punishable by a fine not exceeding $500. 17
546+
547+ 4.] A. In addition to a fine, a court shall MAY order a 18
548+person under the age of 21 years who commits a violation punishable under 19
549+subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 20
550+approved by the Maryland Department of Health, refer the person to an assessment for 21
551+substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 22
552+
553+ B. [In addition to a fine, a court shall order a person at least 23
554+21 years old who commits a violation punishable under subsubparagraph 3 of this 24
555+subparagraph to attend a drug education program approved by the Maryland Department 25
556+of Health, refer the person to an assessment for substance abuse disorder, and refer the 26
557+person to substance abuse treatment, if necessary. 27
558+
559+ C.] A court that orders a person to a drug education program 28
560+or substance abuse assessment or treatment under this subsubparagraph may hold the 29
561+case sub curia pending receipt of proof of completion of the program, assessment, or 30
562+treatment. 31
563+
564+ (4) [A violation of this section involving the] THE smoking of [marijuana] 32
565+CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 33
566+
567+ (I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50 34
568+$250; AND 35
569+ HOUSE BILL 837 13
570+
571+
572+ (II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 1
573+NOT EXCEEDING $150 $500. 2
574+
575+ (d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 3
576+marijuana a civil offense] may not be construed to affect the laws relating to: 4
577+
578+ (1) operating a vehicle or vessel while under the influence of or while 5
579+impaired by a controlled dangerous substance; or 6
580+
581+ (2) seizure and forfeiture. 7
582+
583+ SECTION 4. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 8
584+as follows: 9
585+
586+Article – Criminal Law 10
587+
588+5–101. 11
589+
590+ (a) In this title the following words have the meanings indicated. 12
591+
592+ (E–2) “CIVIL USE AMOUNT ” MEANS: 13
593+
594+ (1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 14
595+BUT DOES NOT EXCEED 2.5 OUNCES; 15
596+
597+ (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12 16
598+GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR 17
599+
600+ (3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 18
601+DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 19
602+NOT EXCEED 1,250 MILLIGRAMS; OR 20
603+
604+ (4) TWO OR FEWER CANNABI S PLANTS. 21
605+
606+ (U) “PERSONAL USE AMOUNT ” MEANS: 22
607+
608+ (1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5 23
609+OUNCES; 24
610+
611+ (2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 25
612+EXCEED 12 GRAMS; 26
613+
614+ (3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 27
615+DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS; OR 28
616+ 14 HOUSE BILL 837
617+
618+
619+ (4) TWO OR FEWER CANNABI S PLANTS. 1
620+
621+5–601. 2
622+
623+ (a) Except as otherwise provided in this title, a person may not: 3
624+
625+ (1) possess or administer to another a controlled dangerous substance, 4
626+unless: 5
627+
628+ (I) obtained directly or by prescription or order from an authorized 6
629+provider acting in the course of professional practice; or 7
630+
631+ (II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 8
632+THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED IS 1.5 9
633+OUNCES OR LESS IS THE PERSONAL USE AMOUNT; OR 10
634+
635+ (2) obtain or attempt to obtain a controlled dangerous substance, or 11
636+procure or attempt to procure the administration of a controlled dangerous substance by: 12
637+
638+ (i) fraud, deceit, misrepresentation, or subterfuge; 13
639+
640+ (ii) the counterfeiting or alteration of a prescription or a written 14
641+order; 15
642+
643+ (iii) the concealment of a material fact; 16
644+
645+ (iv) the use of a false name or address; 17
646+
647+ (v) falsely assuming the title of or representing to be a 18
648+manufacturer, distributor, or authorized provider; or 19
649+
650+ (vi) making, issuing, or presenting a false or counterfeit prescription 20
651+or written order. 21
652+
653+ (c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 22
654+person who violates this section is guilty of a misdemeanor and on conviction is subject to: 23
655+
656+ (i) for a first conviction, imprisonment not exceeding 1 year or a fine 24
657+not exceeding $5,000 or both; 25
658+
659+ (ii) for a second or third conviction, imprisonment not exceeding 18 26
660+months or a fine not exceeding $5,000 or both; or 27
661+
662+ (iii) for a fourth or subsequent conviction, imprisonment not 28
663+exceeding 2 years or a fine not exceeding $5,000 or both. 29
664+ HOUSE BILL 837 15
665+
666+
667+ (2) (i) Except as provided in subparagraph (ii) of this paragraph, a 1
668+person whose violation of this section involves the use or possession of [marijuana] 2
669+CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 3
670+subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 4
671+
672+ (ii) 1. A [first] finding of guilt under this section involving the 5
673+use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF 6
674+CANNABIS THE PERSONAL USE AMOUNT OF CANNABIS BY A PERSON UNDER TH E AGE 7
675+OF 21 YEARS is a civil offense punishable by a fine not exceeding $100. 8
676+
677+ 2. A [second] finding of guilt under this section involving the 9
678+use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT 10
679+MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil 11
680+offense punishable by a fine not exceeding $250. 12
681+
682+ 3. [A third or subsequent finding of guilt under this section 13
683+involving the use or possession of less than 10 grams of marijuana is a civil offense 14
684+punishable by a fine not exceeding $500. 15
685+
686+ 4.] A. In addition to a fine, a court shall MAY order a 16
687+person under the age of 21 years who commits a violation punishable under 17
688+subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 18
689+approved by the Maryland Department of Health, refer the person to an assessment for 19
690+substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 20
691+
692+ B. [In addition to a fine, a court shall order a person at least 21
693+21 years old who commits a violation punishable under subsubparagraph 3 of this 22
694+subparagraph to attend a drug education program approved by the Maryland Department 23
695+of Health, refer the person to an assessment for substance abuse disorder, and refer the 24
696+person to substance abuse treatment, if necessary. 25
697+
698+ C.] A court that orders a person to a drug education program 26
699+or substance abuse assessment or treatment under this subsubparagraph may hold the 27
700+case sub curia pending receipt of proof of completion of the program, assessment, or 28
701+treatment. 29
702+
703+ (4) [A violation of this section involving the] THE smoking of [marijuana] 30
704+CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 31
705+
706+ (I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50 32
707+$250; AND 33
708+
709+ (II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 34
710+NOT EXCEEDING $150 $500. 35
711+ 16 HOUSE BILL 837
712+
713+
714+ (d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 1
715+marijuana a civil offense] may not be construed to affect the laws relating to: 2
716+
717+ (1) operating a vehicle or vessel while under the influence of or while 3
718+impaired by a controlled dangerous substance; or 4
719+
720+ (2) seizure and forfeiture. 5
721+
722+5–601.2. 6
723+
724+ (A) A PERSON MAY NOT CULTIVATE CANNAB IS PLANTS IN A MANNE R THAT 7
725+IS CONTRARY TO THIS SECTION. 8
726+
727+ (B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE 9
728+THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 10
729+PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 11
730+OPTICAL AIDS. 12
731+
732+ (C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES 13
733+CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 14
734+UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 15
735+
736+ (2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAKE REASONABL E 16
737+PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS 17
738+AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS. 18
739+
740+ (D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 19
741+POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSON IN 20
742+LAWFUL POSSESSION OF THE PROPERTY . 21
743+
744+ (E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS 22
745+PLANTS. 23
746+
747+ (F) (1) A PERSON MAY NOT CULTI VATE MORE THAN TWO C ANNABIS 24
748+PLANTS. 25
749+
750+ (2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE A T 26
751+THE SAME RESIDENCE , NO MORE THAN TWO CAN NABIS PLANTS MAY BE CULTIVATED 27
752+AT THAT RESIDENCE . 28
753+
754+ (G) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 29
755+AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 30
756+FINE NOT EXCEEDING $5,000 OR BOTH. 31
757+ HOUSE BILL 837 17
758+
759+
760+5–602. 1
761+
762+ (C) (1) (I) IN THIS SUBSECTION , “ADULT SHARING ” MEANS 2
763+TRANSFERRING CANNABI S BETWEEN PERSONS WH O ARE 21 YEARS OF AGE OR 3
764+OLDER WITHOUT REMUNE RATION. 4
765+
766+ (II) “ADULT SHARING ” DOES NOT INCLUDE INS TANCES IN 5
767+WHICH: 6
768+
769+ 1. CANNABIS IS GIVEN AWAY CONTEMPORANEOUS LY 7
770+WITH ANOTHER RECIPRO CAL TRANSACTION BETW EEN THE SAME PARTIES ; 8
771+
772+ 2. A GIFT OF CANNABIS I S OFFERED OR ADVERTI SED IN 9
773+CONJUNCTION WITH AN OFFER FOR THE SALE O F GOODS OR SERVICES ; OR 10
774+
775+ 3. A GIFT OF CANNABIS I S CONTINGENT ON A SEPARATE 11
776+RECIPROCAL TRANSACTI ON FOR GOODS OR SERV ICES. 12
777+
778+ (2) THIS SECTION DOES NOT PROHIBIT, AND NO CIVIL OR CRIM INAL 13
779+PENALTY MAY BE IMPOS ED FOR, ADULT SHARING OF THE PERSONAL USE AMOUNT 14
780+OF CANNABIS. 15
781+
782+ SECTION 5. AND BE IT FURTHER ENACTED, That the Laws o f Maryland read 16
783+as follows: 17
784+
785+Article – Courts and Judicial Proceedings 18
786+
787+3–8A–01. 19
788+
789+ (a) In this subtitle the following words have the meanings indicated, unless the 20
790+context of their use indicates otherwise. 21
791+
792+ (dd) “Violation” means a violation for which a citation is issued under: 22
793+
794+ (1) § 5–601 of the Criminal Law Article involving the use or possession of 23
795+[less than 10 grams of marijuana] CANNABIS; 24
796+
797+ (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 25
798+
799+ (3) § 10–132 of the Criminal Law Article; 26
800+
801+ (4) § 10–136 of the Criminal Law Article; or 27
802+
803+ (5) § 26–103 of the Education Article. 28
804+ 18 HOUSE BILL 837
805+
806+
807+3–8A–33. 1
808+
809+ (a) A law enforcement officer authorized to make arrests shall issue a citation to 2
810+a child if the officer has probable cause to believe that the child is violating: 3
811+
812+ (1) § 5–601 of the Criminal Law Article involving the use or possession of 4
813+[less than 10 grams of marijuana] CANNABIS; 5
814+
815+ (2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 6
816+
817+ (3) § 10–132 of the Criminal Law Article; 7
818+
819+ (4) § 10–136 of the Criminal Law Article; or 8
820+
821+ (5) § 26–103 of the Education Article. 9
822+
823+Article – Criminal Law 10
824+
825+5–101. 11
826+
827+ (a) In this title the following words have the meanings indicated. 12
828+
829+ (E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SAT IVA L. AND ANY 13
830+PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 14
831+ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 15
832+A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 16
833+DRY WEIGHT BASIS . 17
834+
835+ (2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 18
836+OF THE AGRICULTURE ARTICLE. 19
837+
838+ (p) (1) “Drug paraphernalia” means equipment, a product, or material that is 20
839+used, intended for use, or designed for use, in: 21
840+
841+ (i) planting, propagating, cultivating, growing, harvesting, 22
842+manufacturing, compounding, converting, producing, processing, preparing, packaging, 23
843+repackaging, storing, containing, or concealing a controlled dangerous substance in 24
844+violation of this title; or 25
845+
846+ (ii) injecting, ingesting, inhaling, or otherwise introducing into the 26
847+human body a controlled dangerous substance in violation of this title. 27
848+
849+ (2) “Drug paraphernalia” includes: 28
850+
851+ (i) a kit used, intended for use, or designed for use in planting, 29
852+propagating, cultivating, growing, or harvesting any species of plant that is a controlled 30 HOUSE BILL 837 19
853+
854+
855+dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 1
856+substance can be derived; 2
857+
858+ (ii) a kit used, intended for use, or designed for use in 3
859+manufacturing, compounding, converting, producing, processing, or preparing a controlled 4
860+dangerous substance OTHER THAN CANNABIS ; 5
861+
862+ (iii) an isomerization device used, intended for use, or designed for 6
863+use in increasing the potency of any species of plant that is a controlled dangerous 7
864+substance OTHER THAN CANNABIS ; 8
865+
866+ (iv) testing equipment used, intended for use, or designed for use in 9
867+analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 10
868+THAN CANNABIS ; 11
869+
870+ (v) a scale or balance used, intended for use, or designed for use in 12
871+weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ; 13
872+
873+ (vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 14
874+mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 15
875+controlled dangerous substance OTHER THAN CANNABIS ; 16
876+
877+ (vii) a separation gin or sifter used, intended for use, or designed for 17
878+use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 18
879+CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 19
880+
881+ (viii) a blender, bowl, container, spoon, or mixing device used, 20
882+intended for use, or designed for use in compounding a controlled dangerous substance 21
883+OTHER THAN CANNABIS ; 22
884+
885+ (ix) a capsule, balloon, envelope, or other container used, intended 23
886+for use, or designed for use in packaging small quantities of a controlled dangerous 24
887+substance OTHER THAN CANNABIS ; 25
888+
889+ (x) a container or other object used, intended for use, or designed for 26
890+use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 27
891+
892+ (xi) a hypodermic syringe, needle, or other object used, intended for 28
893+use, or designed for use in parenterally injecting a controlled dangerous substance into the 29
894+human body; and 30
895+
896+ (xii) an object used, intended for use, or designed for use in ingesting, 31
897+inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 32
898+human body [such as: 33
899+ 20 HOUSE BILL 837
900+
901+
902+ 1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 1
903+pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 2
904+
905+ 2. a water pipe; 3
906+
907+ 3. a carburetion tube or device; 4
908+
909+ 4. a smoking or carburetion mask; 5
910+
911+ 5. an object known as a roach clip used to hold burning 6
912+material, such as a marijuana cigarette that has become too small or too short to be held in 7
913+the hand; 8
914+
915+ 6. a miniature spoon used for cocaine and cocaine vials; 9
916+
917+ 7. a chamber pipe; 10
918+
919+ 8. a carburetor pipe; 11
920+
921+ 9. an electric pipe; 12
922+
923+ 10. an air–driven pipe; 13
924+
925+ 11. a chillum; 14
926+
927+ 12. a bong; and 15
928+
929+ 13. an ice pipe or chiller]. 16
930+
931+ [(r) (1) “Marijuana” means: 17
932+
933+ (i) all parts of any plant of the genus Cannabis, whether or not the 18
934+plant is growing; 19
935+
936+ (ii) the seeds of the plant; 20
937+
938+ (iii) the resin extracted from the plant; and 21
939+
940+ (iv) each compound, manufactured product, salt, derivative, mixture, 22
941+or preparation of the plant, its seeds, or its resin. 23
942+
943+ (2) “Marijuana” does not include: 24
944+
945+ (i) the mature stalks of the plant; 25
946+
947+ (ii) fiber produced from the mature stalks; 26
948+ HOUSE BILL 837 21
949+
950+
951+ (iii) oil or cake made from the seeds of the plant; 1
952+
953+ (iv) except for resin, any other compound, manufactured product, 2
954+salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 3
955+
956+ (v) the sterilized seed of the plant that is incapable of germination; 4
957+or 5
958+
959+ (vi) hemp as defined in § 14–101 of the Agriculture Article.] 6
960+
961+ (R) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY 7
962+PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 8
963+ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 9
964+A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 10
965+DRY WEIGHT BASIS . 11
966+
967+ (2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 12
968+OF THE AGRICULTURE ARTICLE. 13
969+
970+ [(s)] (R) (1) “Narcotic drug” means a substance: 14
971+
972+ (i) that has been found to present an extreme danger to the health 15
973+and welfare of the community because of addiction–forming and addiction–sustaining 16
974+qualities; 17
975+
976+ (ii) that is: 18
977+
978+ 1. an opiate; 19
979+
980+ 2. a compound, manufactured substance, salt, derivative, or 20
981+preparation of opium, coca leaf, or an opiate; or 21
982+
983+ 3. a substance and any compound, manufactured substance, 22
984+salt, derivative, or preparation that is chemically identical with a substance listed in items 23
985+1 and 2 of this item; and 24
986+
987+ (iii) that is produced: 25
988+
989+ 1. directly or indirectly by extraction from substances of 26
990+vegetable origin; 27
991+
992+ 2. independently by chemical synthesis; or 28
993+
994+ 3. by a combination of extraction and chemical synthesis. 29
995+ 22 HOUSE BILL 837
996+
997+
998+ (2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 1
999+that does not contain cocaine or ecgonine. 2
1000+
1001+ [(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 3
1002+controlled dangerous substance under Subtitle 4 of this title. 4
1003+
1004+ [(u)] (T) (1) “Opiate” means a substance that has an addiction–forming or 5
1005+addiction–sustaining quality similar to morphine or that can be converted into a drug that 6
1006+has this addiction–forming or addiction–sustaining quality. 7
1007+
1008+ (2) “Opiate” includes: 8
1009+
1010+ (i) the racemic and levorotatory forms of an opiate; 9
1011+
1012+ (ii) except for seeds, the opium poppy, the plant of the species 10
1013+Papaver somniferum L.; 11
1014+
1015+ (iii) the poppy straw consisting of the opium poppy after mowing 12
1016+except the seeds; and 13
1017+
1018+ (iv) coca leaf. 14
1019+
1020+ (3) “Opiate” does not include, unless specifically designated as controlled 15
1021+under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan 16
1022+and its salts (dextromethorphan). 17
1023+
1024+5–601.1. 18
1025+
1026+ (a) A police officer shall issue a citation to a person who the police officer has 19
1027+probable cause to believe has committed a violation of § 5–601 of this part involving the use 20
1028+or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS 21
1029+THE CIVIL USE AMOUNT OF CANNABIS OR THE PERS ONAL USE AMOUNT OF 22
1030+CANNABIS. 23
1031+
1032+ (b) (1) A violation of § 5–601 of this part involving the use or possession of [less 24
1033+than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE 25
1034+AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT O F CANNABIS is a civil 26
1035+offense. 27
1036+
1037+ (2) Adjudication of a violation under § 5–601 of this part involving the use 28
1038+or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS 29
1039+THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F 30
1040+CANNABIS: 31
1041+
1042+ (i) is not a criminal conviction for any purpose; and 32
1043+ HOUSE BILL 837 23
1044+
1045+
1046+ (ii) does not impose any of the civil disabilities that may result from 1
1047+a criminal conviction. 2
1048+
1049+ (c) (1) A citation issued for a violation of § 5–601 of this part involving the use 3
1050+or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS 4
1051+THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F CANNABIS 5
1052+shall be signed by the police officer who issues the citation and shall contain: 6
1053+
1054+ (i) the name, address, and date of birth of the person charged; 7
1055+
1056+ (ii) the date and time that the violation occurred; 8
1057+
1058+ (iii) the location at which the violation occurred; 9
1059+
1060+ (iv) the fine that may be imposed; 10
1061+
1062+ (v) a notice stating that prepayment of the fine is allowed, except as 11
1063+provided in paragraph (2) of this subsection; and 12
1064+
1065+ (vi) a notice in boldface type that states that the person shall: 13
1066+
1067+ 1. pay the full amount of the preset fine; or 14
1068+
1069+ 2. request a trial date at the date, time, and place established 15
1070+by the District Court by writ or trial notice. 16
1071+
1072+ (2) [(i)] If a citation for a violation of § 5–601 of this part involving the 17
1073+use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF 18
1074+CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR T HE PERSONAL USE AMOU NT 19
1075+OF CANNABIS is issued to a person under the age of 21 years, the court shall summon the 20
1076+person for trial. 21
1077+
1078+ [(ii) If the court finds that a person at least 21 years old who has been 22
1079+issued a citation under this section has at least twice previously been found guilty under § 23
1080+5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 24
1081+court shall summon the person for trial.] 25
1082+
1083+ (d) The form of the citation shall be uniform throughout the State and shall be 26
1084+prescribed by the District Court. 27
1085+
1086+ (e) (1) The Chief Judge of the District Court shall establish a schedule for the 28
1087+prepayment of the fine. 29
1088+
1089+ (2) Prepayment of a fine shall be considered a plea of guilty to a Code 30
1090+violation. 31
1091+ 24 HOUSE BILL 837
1092+
1093+
1094+ (3) A person described in subsection (c)(2) of this section may not prepay 1
1095+the fine. 2
1096+
1097+ (f) (1) A person may request a trial by sending a request for trial to the District 3
1098+Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 4
1099+citation. 5
1100+
1101+ (2) If a person other than a person described in subsection (c)(2) of this 6
1102+section does not request a trial or prepay the fine within 30 days of the issuance of the 7
1103+citation, the court may impose the maximum fine and costs against the person and find the 8
1104+person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 9
1105+
1106+ (g) The issuing jurisdiction shall forward a copy of the citation and a request for 10
1107+trial to the District Court in the district having venue. 11
1108+
1109+ (h) (1) The failure of a defendant to respond to a summons described in 12
1110+subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 13
1111+Article. 14
1112+
1113+ (2) If a person at least 21 years old fails to appear after having requested 15
1114+a trial, the court may impose the maximum fine and costs against the person and find the 16
1115+person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 17
1116+
1117+ (i) In any proceeding for a Code violation under § 5–601 of this part involving the 18
1118+use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF 19
1119+CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT 20
1120+OF CANNABIS: 21
1121+
1122+ (1) the State has the burden to prove the guilt of the defendant by a 22
1123+preponderance of the evidence; 23
1124+
1125+ (2) the court shall apply the evidentiary standards as prescribed by law or 24
1126+rule for the trial of a criminal case; 25
1127+
1128+ (3) the court shall ensure that the defendant has received a copy of the 26
1129+charges against the defendant and that the defendant understands those charges; 27
1130+
1131+ (4) the defendant is entitled to cross–examine all witnesses who appear 28
1132+against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 29
1133+testify on the defendant’s own behalf, if the defendant chooses to do so; 30
1134+
1135+ (5) the defendant is entitled to be represented by counsel of the defendant’s 31
1136+choice and at the expense of the defendant; and 32
1137+
1138+ (6) the defendant may enter a plea of guilty or not guilty, and the verdict 33
1139+of the court in the case shall be: 34 HOUSE BILL 837 25
1140+
1141+
1142+
1143+ (i) guilty of a Code violation; 1
1144+
1145+ (ii) not guilty of a Code violation; or 2
1146+
1147+ (iii) probation before judgment, imposed by the court in the same 3
1148+manner and to the same extent as is allowed by law in the trial of a criminal case. 4
1149+
1150+ (j) (1) The defendant is liable for the costs of the proceedings in the District 5
1151+Court. 6
1152+
1153+ (2) The court costs in a Code violation case under § 5–601 of this part 7
1154+involving the use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS 8
1155+OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE PERSO NAL USE AMOUNT 9
1156+OF CANNABIS in which costs are imposed are $5. 10
1157+
1158+ (k) (1) The State’s Attorney for any county may prosecute a Code violation 11
1159+under § 5–601 of this part involving the use or possession of [less than 10 grams of 12
1160+marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS 13
1161+OR THE PERSONAL USE AMOUNT OF CANNABIS in the same manner as prosecution of a 14
1162+violation of the criminal laws of the State. 15
1163+
1164+ (2) In a Code violation case under § 5–601 of this part involving the use or 16
1165+possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE 17
1166+CIVIL USE AMOUNT OF CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS, the 18
1167+State’s Attorney may: 19
1168+
1169+ (i) enter a nolle prosequi or move to place the case on the stet docket; 20
1170+and 21
1171+
1172+ (ii) exercise authority in the same manner as prescribed by law for 22
1173+violation of the criminal laws of the State. 23
1174+
1175+ (l) A person issued a citation for a violation of § 5–601 of this part involving the 24
1176+use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF 25
1177+CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT 26
1178+OF CANNABIS who is under the age of 18 years shall be subject to the procedures and 27
1179+dispositions provided in Title 3, Subtitle 8A of the Courts Article. 28
1180+
1181+ (m) A citation for a violation of § 5–601 of this part involving the use or possession 29
1182+of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE 30
1183+AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS and the official 31
1184+record of a court regarding the citation are not subject to public inspection and may not be 32
1185+included on the public website maintained by the Maryland Judiciary if: 33
1186+
1187+ (1) the defendant has prepaid the fine; 34 26 HOUSE BILL 837
1188+
1189+
1190+
1191+ (2) the defendant has pled guilty to or been found guilty of the Code 1
1192+violation and has fully paid the fine and costs imposed for the violation; 2
1193+
1194+ (3) the defendant has received a probation before judgment and has fully 3
1195+paid the fine and completed any terms imposed by the court; 4
1196+
1197+ (4) the case has been removed from the stet docket after the defendant fully 5
1198+paid the fine and completed any terms imposed by the court; 6
1199+
1200+ (5) the State has entered a nolle prosequi; 7
1201+
1202+ (6) the defendant has been found not guilty of the charge; or 8
1203+
1204+ (7) the charge has been dismissed. 9
1205+
1206+5–602. 10
1207+
1208+ (A) Except as otherwise provided in this title, a person may not: 11
1209+
1210+ (1) distribute or dispense a controlled dangerous substance; or 12
1211+
1212+ (2) possess a controlled dangerous substance OTHER THAN CANNABIS in 13
1213+sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 14
1214+dispense a controlled dangerous substance. 15
1215+
1216+ (B) (1) EXCEPT AS OTHERWISE PRO VIDED IN THIS TITLE, A PERSON MAY 16
1217+NOT POSSESS CANNABIS IN SUFFICIENT QUANTI TY REASONABLY TO IND ICATE 17
1218+UNDER ALL CIRCUMSTAN CES AN INTENT TO DIS TRIBUTE OR DISPENSE CANNABIS. 18
1219+
1220+ (2) POSSESSION OF 2.5 OUNCES OR LESS OF CA NNABIS THE CIVIL USE 19
1221+AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS WITHOUT 20
1222+OTHER EVIDENCE OF AN INTENT TO DISTRIBUTE OR DISPENSE DOES NOT 21
1223+CONSTITUTE A VIOLATI ON OF PARAGRAPH (1) OF THIS SUBSECTION . 22
1224+
1225+5–603. 23
1226+
1227+ (A) Except as otherwise provided in this title, a person may not manufacture a 24
1228+controlled dangerous substance OTHER THAN CANNABIS , or manufacture, distribute, or 25
1229+possess a machine, equipment, instrument, implement, device, or a combination of them 26
1230+that is adapted to produce a controlled dangerous substance OTHER THAN CANNABIS 27
1231+under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense 28
1232+a controlled dangerous substance OTHER THAN CANNABIS in violation of this title. 29
1233+ HOUSE BILL 837 27
1234+
1235+
1236+ (B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY N OT 1
1237+CULTIVATE OR GROW CA NNABIS OR MANUFACTUR E A CANNABIS PRODUCT , OR 2
1238+MANUFACTURE , DISTRIBUTE, OR POSSESS A MACHINE , EQUIPMENT, AN 3
1239+INSTRUMENT , AN IMPLEMENT , A DEVICE, OR A COMBINATION OF THEM THAT IS 4
1240+ADAPTED TO PRODUCE C ANNABIS OR A CANNABI S PRODUCT UNDER 5
1241+CIRCUMSTANCES THAT REA SONABLY INDICATE AN INTENT TO USE IT TO PRODUCE, 6
1242+SELL, OR DISPENSE CANNABIS OR A CANNABIS PRODUC T IN VIOLATION OF TH IS 7
1243+TITLE. 8
1244+
1245+5–607. 9
1246+
1247+ (a) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND §§ 10
1248+5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 11
1249+5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not 12
1250+exceeding 5 years or a fine not exceeding $15,000 or both. 13
1251+
1252+ (2) A PERSON WHO VIOLATES § 5–602(B)(1) OR § 5–603(B) OF THIS 14
1253+SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO 15
1254+IMPRISONMENT NOT EXC EEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR 16
1255+BOTH. 17
1256+
1257+ (b) A person convicted under this section is not prohibited from participating in a 18
1258+drug treatment program under § 8–507 of the Health – General Article because of the 19
1259+length of the sentence. 20
1260+
1261+5–619. 21
1262+
1263+ (c) (1) [This subsection does not apply to the use or possession of drug 22
1264+paraphernalia involving the use or possession of marijuana. 23
1265+
1266+ (2)] Unless authorized under this title, a person may not use or possess with 24
1267+intent to use drug paraphernalia to: 25
1268+
1269+ (i) plant, propagate, cultivate, grow, harvest, manufacture, 26
1270+compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 27
1271+controlled dangerous substance; or 28
1272+
1273+ (ii) inject, ingest, inhale, or otherwise introduce into the human body 29
1274+a controlled dangerous substance. 30
1275+
1276+ [(3)] (2) A person who violates this subsection is guilty of a misdemeanor 31
1277+and on conviction is subject to: 32
1278+
1279+ (i) for a first violation, a fine not exceeding $500; and 33
1280+ 28 HOUSE BILL 837
1281+
1282+
1283+ (ii) for each subsequent violation, imprisonment not exceeding 2 1
1284+years or a fine not exceeding $2,000 or both. 2
1285+
1286+ [(4)] (3) A person who is convicted of violating this subsection for the first 3
1287+time and who previously has been convicted of violating subsection (d)(4) of this section is 4
1288+subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 5
1289+
1290+5–620. 6
1291+
1292+ (a) Unless authorized under this title, a person may not: 7
1293+
1294+ (1) obtain or attempt to obtain controlled paraphernalia by: 8
1295+
1296+ (i) fraud, deceit, misrepresentation, or subterfuge; 9
1297+
1298+ (ii) counterfeiting a prescription or a written order; 10
1299+
1300+ (iii) concealing a material fact or the use of a false name or address; 11
1301+
1302+ (iv) falsely assuming the title of or representing to be a 12
1303+manufacturer, distributor, or authorized provider; or 13
1304+
1305+ (v) making or issuing a false or counterfeit prescription or written 14
1306+order; or 15
1307+
1308+ (2) possess or distribute controlled paraphernalia under circumstances 16
1309+which reasonably indicate an intention to use the controlled paraphernalia for purposes of 17
1310+illegally administering a controlled dangerous substance. 18
1311+
1312+ (b) Evidence of circumstances that reasonably indicate an intent to use controlled 19
1313+paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 20
1314+substance unlawfully include the close proximity of the controlled paraphernalia to an 21
1315+adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 22
1316+distribute, or dispense controlled dangerous substances, including: 23
1317+
1318+ (1) a scale; 24
1319+
1320+ (2) a sieve; 25
1321+
1322+ (3) a strainer; 26
1323+
1324+ (4) a measuring spoon; 27
1325+
1326+ (5) staples; 28
1327+
1328+ (6) a stapler; 29
1329+ HOUSE BILL 837 29
1330+
1331+
1332+ (7) a glassine envelope; 1
1333+
1334+ (8) a gelatin capsule; 2
1335+
1336+ (9) procaine hydrochloride; 3
1337+
1338+ (10) mannitol; 4
1339+
1340+ (11) lactose; 5
1341+
1342+ (12) quinine; and 6
1343+
1344+ (13) a controlled dangerous substance. 7
1345+
1346+ (c) Information that is communicated to a physician to obtain controlled 8
1347+paraphernalia from the physician in violation of this subtitle is not a privileged 9
1348+communication. 10
1349+
1350+ (d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 11
1351+violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 12
1352+not exceeding 4 years or a fine not exceeding $25,000 or both. 13
1353+
1354+ [(2) A person who violates this section involving the use or possession of 14
1355+marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 15
1356+or both.] 16
1357+
1358+Article – Criminal Procedure 17
1359+
1360+4–101. 18
1361+
1362+ (c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any 19
1363+other law allowing a crime to be charged by citation, a police officer shall charge by citation 20
1364+for: 21
1365+
1366+ 1. any misdemeanor or local ordinance violation that does 22
1367+not carry a penalty of imprisonment; 23
1368+
1369+ 2. any other misdemeanor or local ordinance violation not 24
1370+involving serious injury or an immediate health risk for which the maximum penalty of 25
1371+imprisonment is 90 days or less, except: 26
1372+
1373+ A. failure to comply with a peace order under § 3–1508 of the 27
1374+Courts Article; 28
1375+
1376+ B. failure to comply with a protective order under § 4–509 of 29
1377+the Family Law Article; 30 30 HOUSE BILL 837
1378+
1379+
1380+
1381+ C. violation of a condition of pretrial or posttrial release 1
1382+under § 5–213.1 of this article; 2
1383+
1384+ D. possession of an electronic control device after conviction 3
1385+of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article; 4
1386+
1387+ E. violation of an out–of–state domestic violence order under 5
1388+§ 4–508.1 of the Family Law Article; or 6
1389+
1390+ F. abuse or neglect of an animal under § 10–604 of the 7
1391+Criminal Law Article; or 8
1392+
1393+ 3. possession of [marijuana] CANNABIS under § 5–601 of the 9
1394+Criminal Law Article. 10
1395+
1396+ (ii) Subject to paragraph (2) of this subsection, in addition to any 11
1397+other law allowing a crime to be charged by citation, a police officer may charge by citation 12
1398+for: 13
1399+
1400+ 1. sale of an alcoholic beverage to an underage drinker or 14
1401+intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages 15
1402+Article; 16
1403+
1404+ 2. malicious destruction of property under § 6–301 of the 17
1405+Criminal Law Article, if the amount of damage to the property is less than $500; 18
1406+
1407+ 3. misdemeanor theft under § 7–104(g)(2) of the Criminal 19
1408+Law Article; [or] 20
1409+
1410+ 4. possession of a controlled dangerous substance other than 21
1411+[marijuana] CANNABIS under § 5–601 of the Criminal Law Article; 22
1412+
1413+ 5. POSSESSION WITH INTE NT TO DISTRIBUTE CANNABIS 23
1414+UNDER § 5–602(B)(1) OF THE CRIMINAL LAW ARTICLE; OR 24
1415+
1416+ 6. GROWING OR MANUFACTU RING CANNABIS OR A 25
1417+CANNABIS PRODUCT UND ER § 5–603(B) OF THE CRIMINAL LAW ARTICLE. 26
1418+
1419+ (2) A police officer may charge a defendant by citation only if: 27
1420+
1421+ (i) the officer is satisfied with the defendant’s evidence of identity; 28
1422+
1423+ (ii) the officer reasonably believes that the defendant will comply 29
1424+with the citation; 30
1425+ HOUSE BILL 837 31
1426+
1427+
1428+ (iii) the officer reasonably believes that the failure to charge on a 1
1429+statement of charges will not pose a threat to public safety; 2
1430+
1431+ (iv) the defendant is not subject to arrest: 3
1432+
1433+ 1. for an alleged misdemeanor involving serious injury or 4
1434+immediate health risk or an alleged felony arising out of the same incident; or 5
1435+
1436+ 2. based on an outstanding arrest warrant; and 6
1437+
1438+ (v) the defendant complies with all lawful orders by the officer. 7
1439+
1440+ (3) A police officer who has grounds to make a warrantless arrest for an 8
1441+offense that may be charged by citation under this subsection may: 9
1442+
1443+ (i) issue a citation in lieu of making the arrest; or 10
1444+
1445+ (ii) make the arrest and subsequently issue a citation in lieu of 11
1446+continued custody. 12
1447+
1448+10–101. 13
1449+
1450+ (a) In this subtitle the following words have the meanings indicated. 14
1451+
1452+ (d) “Expunge” means to remove information from public inspection in accordance 15
1453+with this subtitle. 16
1454+
1455+ (e) [“Expungement”] EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, 17
1456+“EXPUNGEMENT ” with respect to a court record or a police record means removal from 18
1457+public inspection: 19
1458+
1459+ (1) by obliteration; 20
1460+
1461+ (2) by removal to a separate secure area to which persons who do not have 21
1462+a legitimate reason for access are denied access; or 22
1463+
1464+ (3) if access to a court record or police record can be obtained only by 23
1465+reference to another court record or police record, by the expungement of it or the part of it 24
1466+that provides access. 25
1467+
1468+10–105. 26
1469+
1470+ (a) A person who has been charged with the commission of a crime, including a 27
1471+violation of the Transportation Article for which a term of imprisonment may be imposed, 28
1472+or who has been charged with a civil offense or infraction, except a juvenile offense, may 29
1473+file a petition listing relevant facts for expungement of a police record, court record, or other 30
1474+record maintained by the State or a political subdivision of the State if: 31 32 HOUSE BILL 837
1475+
1476+
1477+
1478+ (12) the person was convicted of possession of [marijuana] CANNABIS under 1
1479+§ 5–601 of the Criminal Law Article; or 2
1480+
1481+ (c) (8) A petition for expungement based on the conviction of a crime under 3
1482+subsection (a)(12) of this section may not be filed [within 4 years after the conviction or] 4
1483+BEFORE satisfactory completion of the sentence, including probation, that was imposed for 5
1484+the conviction[, whichever is later]. 6
1485+
1486+10–105.3. 7
1487+
1488+ (A) A PERSON INCARCERATED AFTER HAVING BEEN CO NVICTED OF 8
1489+POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE MAY 9
1490+PRESENT AN APPLICATI ON FOR RESENTENCING TO THE COURT THAT SE NTENCED 10
1491+THE PERSON. 11
1492+
1493+ (B) THE COURT SHALL GRANT THE APPLICATION AND RESENTENCE THE 12
1494+PERSON TO TIME SERVE D. 13
1495+
1496+ (C) IF THE PERSON IS NOT SERVING A CONCURRENT OR CONSECUTIVE 14
1497+SENTENCE FOR ANOTHER CRIME, THE PERSON SHALL BE RELEASED FROM 15
1498+INCARCERATION . 16
1499+
1500+10–107. 17
1501+
1502+ (a) (1) In this subtitle, if two or more charges, other than one for a minor traffic 18
1503+violation OR POSSESSION OF CAN NABIS UNDER § 5–601 OF THE CRIMINAL LAW 19
1504+ARTICLE, arise from the same incident, transaction, or set of facts, they are considered to 20
1505+be a unit. 21
1506+
1507+ (2) A charge for a minor traffic violation OR POSSESSION OF CANNABIS 22
1508+UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE that arises from the same incident, 23
1509+transaction, or set of facts as a charge in the unit is not a part of the unit. 24
1510+
1511+ (b) (1) If a person is not entitled to expungement of one charge or conviction in 25
1512+a unit, the person is not entitled to expungement of any other charge or conviction in the 26
1513+unit. 27
1514+
1515+ (2) The disposition of a charge for a minor traffic violation that arises from 28
1516+the same incident, transaction, or set of facts as a charge in the unit does not affect any 29
1517+right to expungement of a charge or conviction in the unit. 30
1518+
1519+10–110. 31
1520+ HOUSE BILL 837 33
1521+
1522+
1523+ (a) A person may file a petition listing relevant facts for expungement of a police 1
1524+record, court record, or other record maintained by the State or a political subdivision of 2
1525+the State if the person is convicted of: 3
1526+
1527+ (1) a misdemeanor that is a violation of: 4
1528+
1529+ (i) § 6–320 of the Alcoholic Beverages Article; 5
1530+
1531+ (ii) an offense listed in § 17–613(a) of the Business Occupations and 6
1532+Professions Article; 7
1533+
1534+ (iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 8
1535+the Business Regulation Article; 9
1536+
1537+ (iv) § 3–1508 or § 10–402 of the Courts Article; 10
1538+
1539+ (v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 11
1540+Article; 12
1541+
1542+ (vi) § 5–211 of this article; 13
1543+
1544+ (vii) § 3–203 or § 3–808 of the Criminal Law Article; 14
1545+
1546+ (viii) § 5–601 not involving the use or possession of [marijuana] 15
1547+CANNABIS, § 5–602(B) 5–602(B)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 16
1548+5–902 of the Criminal Law Article; 17
1549+
1550+ (ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 18
1551+6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 19
1552+
1553+ (x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 20
1554+Criminal Law Article; 21
1555+
1556+ (xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 22
1557+8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 23
1558+
1559+ (xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 24
1560+
1561+ (xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 25
1562+Criminal Law Article; 26
1563+
1564+ (xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 27
1565+
1566+ (xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 28
1567+12–204, § 12–205, or § 12–302 of the Criminal Law Article; 29
1568+
1569+ (xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 30 34 HOUSE BILL 837
1570+
1571+
1572+
1573+ (xvii) § 4–509 of the Family Law Article; 1
1574+
1575+ (xviii) § 18–215 of the Health – General Article; 2
1576+
1577+ (xix) § 4–411 or § 4–2005 of the Housing and Community Development 3
1578+Article; 4
1579+
1580+ (xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 5
1581+27–407.1, or § 27–407.2 of the Insurance Article; 6
1582+
1583+ (xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 7
1584+8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 8
1585+limits for personal watercraft; 9
1586+
1587+ (xxii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 10
1588+Safety Article; 11
1589+
1590+ (xxiii) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 12
1591+
1592+ (xxiv) § 9–124 of the State Government Article; 13
1593+
1594+ (xxv) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax – 14
1595+General Article; 15
1596+
1597+ (xxvi) § 16–303 of the Transportation Article; or 16
1598+
1599+ (xxvii) the common law offenses of affray, rioting, criminal contempt, 17
1600+battery, or hindering; 18
1601+
1602+ (2) a felony that is a violation of: 19
1603+
1604+ (i) § 7–104 of the Criminal Law Article; 20
1605+
1606+ (ii) the prohibition against possession with intent to distribute a 21
1607+controlled dangerous substance under [§ 5–602(2)] § 5–602 of the Criminal Law Article; or 22
1608+
1609+ (iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 23
1610+
1611+ (3) an attempt, a conspiracy, or a solicitation of any offense listed in item 24
1612+(1) or (2) of this subsection. 25
1613+
1614+ (c) (1) Except as provided in paragraphs (2) [and], (3), AND (4) of this 26
1615+subsection, a petition for expungement under this section may not be filed earlier than 10 27
1616+years after the person satisfies the sentence or sentences imposed for all convictions for 28
1617+which expungement is requested, including parole, probation, or mandatory supervision. 29
1618+ HOUSE BILL 837 35
1619+
1620+
1621+ (2) A petition for expungement for a violation of § 3–203 of the Criminal 1
1622+Law Article, common law battery, or for an offense classified as a domestically related crime 2
1623+under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 3
1624+the sentence or sentences imposed for all convictions for which expungement is requested, 4
1625+including parole, probation, or mandatory supervision. 5
1626+
1627+ (3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 6
1628+SUBSECTION, A petition for expungement of a felony may not be filed earlier than 15 years 7
1629+after the person satisfies the sentence or sentences imposed for all convictions for which 8
1630+expungement is requested, including parole, probation, or mandatory supervision. 9
1631+
1632+ (4) A PETITION FOR EXPUNGE MENT OF A CONVICTION OF 10
1633+POSSESSION WITH INTE NT TO DISTRIBUTE CAN NABIS UNDER § 5–602 OF THE 11
1634+CRIMINAL LAW ARTICLE MAY NOT BE FI LED EARLIER THAN 4 3 YEARS AFTER THE 12
1635+PERSON SATISFIES THE SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS 13
1636+FOR WHICH EXPUNGEMENT IS REQUESTED , INCLUDING PAROLE , PROBATION, OR 14
1637+MANDATORY SUPERVISIO N. 15
1638+
1639+10–111. 16
1640+
1641+ The Maryland Judiciary Case Search may not in any way refer to the existence of a 17
1642+[District Court] criminal case in which: 18
1643+
1644+ (1) possession of [marijuana] CANNABIS under § 5–601 of the Criminal 19
1645+Law Article is the only charge in the case; and 20
1646+
1647+ (2) the charge was disposed of before [October 1, 2014] JULY 1, 2023. 21
1648+
1649+10–112. 22
1650+
1651+ (A) IN THIS SECTION, “EXPUNGE” MEANS TO REMOVE ALL REFERENCES TO 23
1652+A SPECIFIED CRIMINAL CASE FROM T HE CENTRAL REPOSITORY. 24
1653+
1654+ (B) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT OF PUBLIC SAFETY 25
1655+AND CORRECTIONAL SERVICES SHALL EXPUNG E ALL CASES IN WHICH : 26
1656+
1657+ (1) POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW 27
1658+ARTICLE IS THE ONLY CHARGE IN THE CASE ; AND 28
1659+
1660+ (2) THE CHARGE WAS ISSUE D BEFORE JULY 1, 2023. 29
1661+
1662+Article – Health – General 30
1663+
1664+SUBTITLE 45. CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 31
1665+ 36 HOUSE BILL 837
1666+
1667+
1668+13–4501. 1
1669+
1670+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
1671+INDICATED. 3
1672+
1673+ (B) “ADVISORY COUNCIL” MEANS THE CANNABIS PUBLIC HEALTH 4
1674+ADVISORY COUNCIL. 5
1675+
1676+ (C) “FUND” MEANS THE CANNABIS PUBLIC HEALTH FUND. 6
1677+
1678+13–4502. 7
1679+
1680+ (A) THERE IS A CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 8
1681+
1682+ (B) THE ADVISORY COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 9
1683+
1684+ (1) ONE MEMBER FROM THE SENATE OF MARYLAND, APPOINTED BY 10
1685+THE PRESIDENT OF THE SENATE; 11
1686+
1687+ (2) ONE MEMBER FROM THE HOUSE OF DELEGATES, APPOINTED BY 12
1688+THE SPEAKER OF THE HOUSE; 13
1689+
1690+ (1) (3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 14
1691+
1692+ (2) (4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR 15
1693+THE DEPUTY SECRETARY’S DESIGNEE; 16
1694+
1695+ (3) (5) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S 17
1696+DESIGNEE; 18
1697+
1698+ (4) (6) THE EXECUTIVE DIRECTO R OF THE NATALIE M. LAPRADE 19
1699+MEDICAL CANNABIS COMMISSION, OR THE EXECUTIVE DIR ECTOR’S DESIGNEE; 20
1700+
1701+ (5) (7) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE STATE 21
1702+SUPERINTENDENT ’S DESIGNEE; AND 22
1703+
1704+ (6) (8) THE FOLLOWING MEMBERS APPOINTED BY THE 23
1705+GOVERNOR: 24
1706+
1707+ (I) ONE REPRESENTATIVE FR OM THE GOVERNOR’S OFFICE OF 25
1708+CRIME PREVENTION, YOUTH, AND VICTIM SERVICES; 26
1709+
1710+ (II) ONE REPRESENTATIVE FR OM A HISTORICALLY BL ACK 27
1711+COLLEGE OR UNIVERSIT Y; 28 HOUSE BILL 837 37
1712+
1713+
1714+
1715+ (III) ONE HEALTH CARE PROVI DER WITH EXPERIENCE IN 1
1716+CANNABIS; 2
1717+
1718+ (IV) ONE PHARMACIST LICENS ED IN THE STATE; 3
1719+
1720+ (V) ONE HEALTH CARE PROVI DER WITH EXPERTISE I N 4
1721+SUBSTANCE USE DISORD ER TREATMENT AND RECO VERY; 5
1722+
1723+ (VI) ONE INDIVIDUAL WITH E XPERTISE IN CANNABIS USE 6
1724+DISORDER; 7
1725+
1726+ (VII) ONE ACADEMIC RESEARCH ER WITH EXPERTISE IN 8
1727+CANNABIS LAW AND POL ICY; 9
1728+
1729+ (VIII) ONE INDIVIDUAL WITH A T LEAST 5 YEARS OF EXPERIENCE 10
1730+IN HEALTH OR SOCIAL EQUITY; 11
1731+
1732+ (IX) ONE PUBLIC HEALTH PRO FESSIONAL WITH CANNA BIS 12
1733+EXPERIENCE; AND 13
1734+
1735+ (X) ONE REPRESENTATIVE OF A LABORATORY THAT TE STS 14
1736+CANNABIS. 15
1737+
1738+ (C) (1) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL 16
1739+AND STATE LAW, THE MEMBERSHIP OF TH E ADVISORY COUNCIL SHALL REFLECT 17
1740+THE GENDER, ETHNIC, AND RACIAL DIVERSITY OF THE STATE. 18
1741+
1742+ (2) THE MEMBERSHIP OF THE ADVISORY COUNCIL SHALL INCLUDE 19
1743+RESIDENTS OF RURAL A ND URBAN REGIONS OF THE STATE. 20
1744+
1745+ (D) A MEMBER OF THE ADVISORY COUNCIL SHALL FILE A FINANCIAL 21
1746+DISCLOSURE STATEMENT WITH THE STATE ETHICS COMMISSION IN ACCORDA NCE 22
1747+WITH TITLE 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE. 23
1748+
1749+ (E) (1) THE TERM OF AN APPOIN TED MEMBER IS 4 YEARS. 24
1750+
1751+ (2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS 25
1752+REQUIRED BY THE TERM S PROVIDED FOR THE APP OINTED MEMBERS OF TH E 26
1753+ADVISORY COUNCIL ON JANUARY 1, 2023. 27
1754+
1755+ (3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO 28
1756+SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES. 29
1757+ 38 HOUSE BILL 837
1758+
1759+
1760+ (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1
1761+ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2
1762+QUALIFIES. 3
1763+
1764+ (5) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN TWO 4
1765+CONSECUTIVE FULL TER MS. 5
1766+
1767+13–4503. 6
1768+
1769+ (A) THE CHAIR OF THE ADVISORY COUNCIL SHALL BE ELEC TED BY THE 7
1770+MEMBERS OF THE ADVISORY COUNCIL. 8
1771+
1772+ (B) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE ADVISORY 9
1773+COUNCIL IS A QUORUM . 10
1774+
1775+ (C) THE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES EAC H 11
1776+YEAR, AT THE TIMES AND PLA CES THAT THE ADVISORY COUNCIL DETERMINES . 12
1777+
1778+ (D) THE ADVISORY COUNCIL MAY FORM WORKGROUPS TO A SSIST IN THE 13
1779+WORK OF THE ADVISORY COUNCIL. 14
1780+
1781+ (E) A MEMBER OF THE ADVISORY COUNCIL: 15
1782+
1783+ (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 16
1784+ADVISORY COUNCIL; BUT 17
1785+
1786+ (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 18
1787+STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 19
1788+
1789+ (F) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT AN D TECHNICAL 20
1790+ASSISTANCE FOR THE ADVISORY COUNCIL. 21
1791+
1792+13–4504. 22
1793+
1794+ (A) THE ADVISORY COUNCIL SHALL STUDY A ND MAKE RECOMMENDATI ONS 23
1795+REGARDING: 24
1796+
1797+ (1) THE PROMOTION OF PUBLIC HEALTH AND MITIGATION OF YOUTH 25
1798+USE OF, MISUSE OF, AND ADDICTION TO CAN NABIS; 26
1799+
1800+ (2) DATA COLLECTION AND R EPORTING OF DATA THA T MEASURES 27
1801+THE IMPACT OF CANNAB IS CONSUMPTION AND L EGALIZATION; 28
1802+ HOUSE BILL 837 39
1803+
1804+
1805+ (3) THE IMPACT OF CANNABI S LEGALIZATION ON TH E EDUCATION, 1
1806+BEHAVIORAL HEALTH , AND SOMATIC HEALTH O F INDIVIDUALS UNDER THE AGE OF 2
1807+21 YEARS; 3
1808+
1809+ (4) INITIATIVES TO PREVEN T CANNABIS USE BY IN DIVIDUALS UNDER 4
1810+THE AGE OF 21 YEARS, INCLUDING EDUCATIONA L PROGRAMS FOR USE I N SCHOOLS; 5
1811+
1812+ (5) PUBLIC HEALTH CAMPAIG NS ON CANNABIS; 6
1813+
1814+ (6) ADVERTISING, LABELING, PRODUCT TESTING , AND QUALITY 7
1815+CONTROL REQUIREMENTS ; 8
1816+
1817+ (7) TRAINING FOR HEALTH C ARE PROVIDERS RELATE D TO CANNABIS 9
1818+USE; AND 10
1819+
1820+ (8) BEST PRACTICES REGARD ING REQUIREMENTS TO REDUCE THE 11
1821+APPEAL OF CANNABIS T O MINORS , INCLUDING ADVERTISIN G, POTENCY, 12
1822+PACKAGING, AND LABELING STANDAR DS; AND 13
1823+
1824+ (8) (9) ANY OTHER ISSUES THAT ADVANCE PUBLIC HEALT H 14
1825+RELATED TO CANNABIS USE AND LEGALIZATION . 15
1826+
1827+ (B) TO THE EXTENT PRACTIC ABLE, THE ADVISORY COUNCIL SHALL 16
1828+CONSIDER ANY DATA CO LLECTED BY THE STATE RELATED TO CANN ABIS USE WHEN 17
1829+MAKING RECOMMENDATIO NS, INCLUDING DATA COLLE CTED UNDER § 13–4401 OF 18
1830+THIS TITLE. 19
1831+
1832+13–4505. 20
1833+
1834+ (A) THERE IS A CANNABIS PUBLIC HEALTH FUND. 21
1835+
1836+ (B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO ADDRESS THE 22
1837+HEALTH EFFE CTS ASSOCIATED WITH THE LEGALIZATION OF ADULT–USE CANNABIS. 23
1838+
1839+ (C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 24
1840+
1841+ (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 25
1842+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
1843+
1844+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 27
1845+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
1846+
1847+ (E) THE FUND CONSISTS OF : 29
1848+ 40 HOUSE BILL 837
1849+
1850+
1851+ (1) REVENUE DISTRIBUTED T O THE FUND BASED ON REVENUE S 1
1852+FROM ADULT –USE CANNABIS; 2
1853+
1854+ (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 3
1855+AND 4
1856+
1857+ (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 5
1858+THE BENEFIT OF THE FUND. 6
1859+
1860+ (F) THE FUND MAY BE USED ONLY FOR: 7
1861+
1862+ (1) SUPPORTING THE ADVISORY COUNCIL IN PERFORMING ITS 8
1863+DUTIES; 9
1864+
1865+ (2) SUPPORTING DATA COLLE CTION AND RESEARCH O N THE 10
1866+EFFECTS OF CANNABIS LEGALIZATIO N IN THE STATE; 11
1867+
1868+ (3) PROVIDING FUNDING FOR EDUCATION AND PUBLIC AWARENESS 12
1869+CAMPAIGNS RELATED TO CANNABIS USE, INCLUDING FUNDING FO R EDUCATIONAL 13
1870+PROGRAMS TO BE USED IN SCHOOLS; 14
1871+
1872+ (4) SUPPORTING SUBSTANCE USE DISORDER COUNSEL ING AND 15
1873+TREATMENT FOR INDIVIDUA LS; AND 16
1874+
1875+ (5) TRAINING AND EQUIPMENT FOR LAW ENFORCEMENT TO 17
1876+RECOGNIZE IMPAIRMENT S DUE TO CANNABIS ; AND 18
1877+
1878+ (6) PURCHASING TECHNOLOGY PROVEN TO BE EFFECTI VE AT 19
1879+MEASURING CANNABIS L EVELS IN DRIVERS. 20
1880+
1881+ (G) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 21
1882+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
1883+
1884+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 23
1885+THE FUND. 24
1886+
1887+ (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 25
1888+WITH THE STATE BUDGET . 26
1889+
1890+13–4506. 27
1891+
1892+ ON OR BEFORE DECEMBER 1 EACH YEAR, THE ADVISORY COUNCIL SHALL 28
1893+REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN 29 HOUSE BILL 837 41
1894+
1895+
1896+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 1
1897+ASSEMBLY. 2
1898+
1899+24–501. 3
1900+
1901+ (a) In this subtitle the following words have the meanings indicated. 4
1902+
1903+ (B) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF 5
1904+THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , ISOMERS, 6
1905+ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH A 7
1906+DELTA–9–TETRAHYDROCANNABINOL CONCE NTRATION GREATER THA N 0.3% ON A 8
1907+DRY WEIGHT BASIS HAS THE MEANING STAT ED IN § 5–101 OF THE CRIMINAL LAW 9
1908+ARTICLE. 10
1909+
1910+ [(b)] (C) “Employee” has the meaning stated in § 5–101 of the Labor and 11
1911+Employment Article. 12
1912+
1913+ [(c)] (D) “Employer” has the meaning stated in § 5–101 of the Labor and 13
1914+Employment Article. 14
1915+
1916+ [(d)] (E) “Environmental [tobacco] smoke” means the complex mixture formed 15
1917+from the escaping smoke of a burning tobacco, CANNABIS, OR HEMP product or smoke 16
1918+exhaled by the smoker. 17
1919+
1920+ [(e)] (F) “Indoor area open to the public” means: 18
1921+
1922+ (1) An indoor area or a portion of an indoor area accessible to the public by 19
1923+either invitation or permission; or 20
1924+
1925+ (2) An indoor area of any establishment licensed or permitted under the 21
1926+Alcoholic Beverages Article for the sale or possession of alcoholic beverages. 22
1927+
1928+ [(f)] (G) “Place of employment” has the meaning stated in § 5–101 of the Labor 23
1929+and Employment Article. 24
1930+
1931+ [(g)] (H) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 25
1932+other matter or substance [that contains tobacco] CONTAINING, WHOLLY OR IN PART , 26
1933+TOBACCO, CANNABIS, OR HEMP. 27
1934+
1935+24–502. 28
1936+
1937+ It is the intent of the General Assembly that the State protect the public and 29
1938+employees from involuntary exposure to environmental [tobacco] smoke in indoor areas 30
1939+open to the public, indoor places of employment, and certain designated private areas. 31
1940+ 42 HOUSE BILL 837
1941+
1942+
1943+24–503. 1
1944+
1945+ The purpose of this subtitle is to preserve and improve the health, comfort, and 2
1946+environment of the people of the State by limiting exposure to environmental [tobacco] 3
1947+smoke. 4
1948+
1949+24–504. 5
1950+
1951+ Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 6
1952+person may not smoke in: 7
1953+
1954+ (1) An indoor area open to the public; 8
1955+
1956+ (2) An indoor place in which meetings are open to the public in accordance 9
1957+with Title 3 of the General Provisions Article; 10
1958+
1959+ (3) A government–owned or government–operated means of mass 11
1960+transportation including buses, vans, trains, taxicabs, and limousines; or 12
1961+
1962+ (4) An indoor place of employment. 13
1963+
1964+24–505. 14
1965+
1966+ This subtitle does not apply to: 15
1967+
1968+ (1) Private homes, residences, including residences used as a business or 16
1969+place of employment, unless being used by a person who is licensed or registered under 17
1970+Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 18
1971+unless being used for the public transportation of children, or as part of health care or child 19
1972+care transportation; 20
1973+
1974+ (2) A hotel or motel room rented to one or more guests as long as the total 21
1975+percent of hotel or motel rooms being so used does not exceed 25%; 22
1976+
1977+ (3) A retail tobacco business that is a sole proprietorship, limited liability 23
1978+company, corporation, partnership, or other enterprise, in which: 24
1979+
1980+ (i) The primary activity is the retail sale of tobacco products and 25
1981+accessories; and 26
1982+
1983+ (ii) The sale of other products is incidental; 27
1984+
1985+ (4) Any facility of a manufacturer, importer, wholesaler, or distributor of 28
1986+tobacco products or of any tobacco leaf dealer or processor in which employees of the 29
1987+manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 30
1988+ HOUSE BILL 837 43
1989+
1990+
1991+ (5) A research or educational laboratory for the purpose of conducting 1
1992+scientific research into the health effects of tobacco smoke. 2
1993+
1994+24–507. 3
1995+
1996+ (a) The Department shall adopt regulations that prohibit environmental 4
1997+[tobacco] smoke in indoor areas open to the public. 5
1998+
1999+ (b) On or before September 30 of each year, the Department shall report, in 6
2000+accordance with § 2–1257 of the State Government Article, to the General Assembly on: 7
2001+
2002+ (1) The enforcement efforts of the Department to eliminate environmental 8
2003+[tobacco] smoke in indoor areas open to the public during the prior year; and 9
2004+
2005+ (2) The results of these enforcement efforts. 10
2006+
2007+24–508. 11
2008+
2009+ (a) Subject to subsection (c) of this section and except as provided in subsection 12
2010+(d) of this section, a person who violates a provision of this subtitle or a regulation adopted 13
2011+under § 24–507(a) of this subtitle: 14
2012+
2013+ (1) For a first violation, shall be issued a written reprimand by the 15
2014+Secretary or the Secretary’s designee; 16
2015+
2016+ (2) For a second violation, is subject to a civil penalty of $100; and 17
2017+
2018+ (3) For each subsequent violation, is subject to a civil penalty not less than 18
2019+$250. 19
2020+
2021+ (b) The Secretary may waive a penalty established under subsection (a) of this 20
2022+section, giving consideration to factors that include: 21
2023+
2024+ (1) The seriousness of the violation; and 22
2025+
2026+ (2) Any demonstrated good faith measures to comply with the provisions of 23
2027+this subtitle. 24
2028+
2029+ (c) (1) This subsection does not apply to an alleged violation of subsection (d) 25
2030+of this section. 26
2031+
2032+ (2) It is an affirmative defense to a complaint brought against a person for 27
2033+a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 28
2034+person or an employee of the person: 29
2035+
2036+ (i) Posted a “No Smoking” sign as required under § 24–506 of this 30
2037+subtitle; 31 44 HOUSE BILL 837
2038+
2039+
2040+
2041+ (ii) Removed all ashtrays and other smoking paraphernalia from all 1
2042+areas where smoking is prohibited; and 2
2043+
2044+ (iii) If the violation occurred in a bar, tavern, or restaurant: 3
2045+
2046+ 1. Refused to seat or serve any individual who was smoking 4
2047+in a prohibited area; and 5
2048+
2049+ 2. If the individual continued to smoke after an initial 6
2050+warning, asked the individual to leave the establishment. 7
2051+
2052+ (d) An employer who discharges or discriminates against an employee because 8
2053+that employee has made a complaint, has given information to the Department in 9
2054+accordance with this subtitle, has caused to be instituted or is about to cause to be instituted 10
2055+a proceeding under this subtitle, or has testified or is about to testify in a proceeding under 11
2056+this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil 12
2057+penalty of at least $2,000 but not more than $10,000 for each violation. 13
2058+
2059+ (e) (1) An employee may not: 14
2060+
2061+ (i) Make a groundless or malicious complaint under this subtitle to 15
2062+the Secretary or an authorized representative of the Secretary; 16
2063+
2064+ (ii) In bad faith, bring an action under this subtitle; or 17
2065+
2066+ (iii) In bad faith, testify in an action under this subtitle or a 18
2067+proceeding that relates to the subject of this subtitle. 19
2068+
2069+ (2) The Secretary may bring an action for injunctive relief and damages 20
2070+against a person who violates the provisions of paragraph (1) of this subsection. 21
2071+
2072+ (f) A penalty collected by the Secretary under this section shall be paid to the 22
2073+Cigarette Restitution Fund established under § 7–317 of the State Finance and 23
2074+Procurement Article. 24
2075+
2076+24–510. 25
2077+
2078+ Nothing in this subtitle shall be construed to preempt a county or municipal 26
2079+government from enacting and enforcing more stringent measures to reduce involuntary 27
2080+exposure to environmental [tobacco] smoke. 28
2081+
2082+ SECTION 6. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
2083+as follows: 30
2084+
2085+Article – Criminal Law 31
2086+ HOUSE BILL 837 45
2087+
2088+
2089+5–101. 1
2090+
2091+ (a) In this title the following words have the meanings indicated. 2
2092+
2093+ (e–2) “Civil use amount” means: 3
2094+
2095+ (1) an amount of usable cannabis that exceeds 1.5 ounces but does not 4
2096+exceed 2.5 ounces; 5
2097+
2098+ (2) an amount of concentrated cannabis that exceeds 12 grams but does not 6
2099+exceed 20 grams; OR 7
2100+
2101+ (3) an amount of cannabis products containing 8
2102+delta–9–tetrahydrocannabinol that exceeds 750 milligrams but does not exceed 1,250 9
2103+milligrams[; or 10
2104+
2105+ (4) two or fewer cannabis plants]. 11
2106+
2107+ (u) “Personal use amount” means: 12
2108+
2109+ (1) an amount of usable cannabis that does not exceed 1.5 ounces; 13
2110+
2111+ (2) an amount of concentrated cannabis that does not exceed 12 grams; OR 14
2112+
2113+ (3) an amount of cannabis products containing 15
2114+delta–9–tetrahydrocannabinol that does not exceed 750 milligrams[; or 16
2115+
2116+ (4) two or fewer cannabis plants]. 17
2117+
2118+[5–601.2. 18
2119+
2120+ (a) A person may not cultivate cannabis plants in a manner that is contrary to 19
2121+this section. 20
2122+
2123+ (b) Cannabis plants may not be cultivated in a location where the plants are 21
2124+subject to public view, including a view from another private property, without the use of 22
2125+binoculars, aircraft, or other optical aids. 23
2126+
2127+ (c) (1) In this subsection, “reasonable precautions” includes cultivating 24
2128+cannabis in an enclosed locked space to which persons under the age of 21 years do not 25
2129+possess a key. 26
2130+
2131+ (2) A person who cultivates cannabis shall take reasonable precautions to 27
2132+ensure the plants are secure from unauthorized access and access by a person under the 28
2133+age of 21 years. 29
2134+ 46 HOUSE BILL 837
2135+
2136+
2137+ (d) Cannabis cultivation may occur only on property lawfully in possession of the 1
2138+cultivator or with the consent of the person in lawful possession of the property. 2
2139+
2140+ (e) A person under the age of 21 years may not cultivate cannabis plants. 3
2141+
2142+ (f) (1) A person may not cultivate more than two cannabis plants. 4
2143+
2144+ (2) If two or more persons at least 21 years old reside at the same residence, 5
2145+no more than two cannabis plants may be cultivated at that residence. 6
2146+
2147+ (g) A person who violates this section is guilty of a misdemeanor and on conviction 7
2148+is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.] 8
2149+
2150+Article – Criminal Law 9
2151+
2152+10–123. 10
2153+
2154+ (a) In this part the following words have the meanings indicated. 11
2155+
2156+ (b) “Alcoholic beverage” has the meaning stated in § 21–903 of the Transportation 12
2157+Article. 13
2158+
2159+ (c) “Bus” has the meaning stated in § 11–105 of the Transportation Article. 14
2160+
2161+ (D) “CANNABIS” HAS THE MEANIN G STATED IN § 5–101 OF THIS ARTICLE. 15
2162+
2163+ [(d)] (E) “Highway” has the meaning stated in § 11–127 of the Transportation 16
2164+Article. 17
2165+
2166+ [(e)] (F) “Limousine” has the meaning stated in § 11–129.1 of the Transportation 18
2167+Article. 19
2168+
2169+ [(f)] (G) “Motor home” has the meaning stated in § 11 –134.3 of the 20
2170+Transportation Article. 21
2171+
2172+ [(g)] (H) (1) “Motor vehicle” means a vehicle that: 22
2173+
2174+ (i) is self–propelled or propelled by electric power obtained from 23
2175+overhead electrical wires; and 24
2176+
2177+ (ii) is not operated on rails. 25
2178+
2179+ (2) “Motor vehicle” includes: 26
2180+
2181+ (i) a low speed vehicle, as defined in § 11–130.1 of the Transportation 27
2182+Article; 28 HOUSE BILL 837 47
2183+
2184+
2185+
2186+ (ii) a moped, as defined in § 11–134.1 of the Transportation Article; 1
2187+and 2
2188+
2189+ (iii) a motor scooter, as defined in § 11–134.5 of the Transportation 3
2190+Article. 4
2191+
2192+ [(h)] (I) “Moving violation” has the meaning stated in § 11–136.1 of the 5
2193+Transportation Article. 6
2194+
2195+ [(i)] (J) “Open container” means a bottle, can, or other receptacle: 7
2196+
2197+ (1) that is open; 8
2198+
2199+ (2) that has a broken seal; or 9
2200+
2201+ (3) from which the contents are partially removed. 10
2202+
2203+ [(j)] (K) “Passenger area” has the meaning stated in § 21 –903 of the 11
2204+Transportation Article. 12
2205+
2206+ [(k)] (L) “Taxicab” has the meaning stated in § 11–165 of the Transportation 13
2207+Article. 14
2208+
2209+10–125. 15
2210+
2211+ (a) (1) Except as otherwise provided in subsection (c) of this section, an 16
2212+occupant of a motor vehicle may not possess an open container that contains any amount of 17
2213+an alcoholic beverage in a passenger area of a motor vehicle on a highway. 18
2214+
2215+ (2) A driver of a motor vehicle may not be subject to prosecution for a 19
2216+violation of this subsection based solely on possession of an open container that contains any 20
2217+amount of an alcoholic beverage by another occupant of the motor vehicle. 21
2218+
2219+ (b) (1) This subsection does not apply to the driver of a motor vehicle. 22
2220+
2221+ (2) Except as otherwise provided in subsection (c) of this section, an 23
2222+occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a 24
2223+motor vehicle on a highway. 25
2224+
2225+ (3) AN OCCUPANT OF A MOTOR VEHICLE MAY NOT SMOKE CANNABIS 26
2226+IN A PASSENGER AREA OF A MOTOR VEHICLE O N A HIGHWAY. 27
2227+
2228+ (c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is 28
2229+not the driver, in: 29
2230+ 48 HOUSE BILL 837
2231+
2232+
2233+ (1) a motor vehicle designed, maintained, and used primarily for the 1
2234+transportation of a person for compensation, including: 2
2235+
2236+ (i) a bus; 3
2237+
2238+ (ii) a taxicab; or 4
2239+
2240+ (iii) a limousine; or 5
2241+
2242+ (2) the living quarters of a motor home, motor coach, or recreational vehicle. 6
2243+
2244+ (d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 7
2245+Article, or any other provision of law, the prohibitions contained in this section apply 8
2246+throughout the State. 9
2247+
2248+ (e) A violation of this section is not: 10
2249+
2250+ (1) a moving violation for the purposes of § 16–402 of the Transportation 11
2251+Article; or 12
2252+
2253+ (2) a traffic violation for the purposes of the Maryland Vehicle Law. 13
2254+
2255+Article – Health – General 14
2256+
2257+SUBTITLE 46. COMMUNITY REINVESTMENT AND REPAIR FUND. 15
2258+
2259+13–4601. 16
2260+
2261+ (A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 17
2262+
2263+ (2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO 18
2264+COMMUNITY –BASED ORGANIZATIONS THAT SERVE COMMUNITI ES DETERMINED BY 19
2265+THE OFFICE OF THE ATTORNEY GENERAL TO HAVE BEEN THE MOST IMPACTED BY 20
2266+DISPROPORTIONATE ENF ORCEMENT OF THE CANN ABIS PROHIBITION BEF ORE JULY 21
2267+1, 2022. 22
2268+
2269+ (3) THE COMPTROLLER SHALL ADM INISTER THE FUND. 23
2270+
2271+ (4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 24
2272+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
2273+
2274+ (II) THE STATE TREASURER SHALL HOLD THE FUND 26
2275+SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
2276+
2277+ (5) THE FUND CONSISTS OF : 28
2278+ HOUSE BILL 837 49
2279+
2280+
2281+ (I) REVENUE DISTRIBUTED T O THE FUND THAT IS AT LEAST 1
2282+30% OF THE REVENUES FROM ADULT–USE CANNABIS; 2
2283+
2284+ (II) LICENSING FEES PAID B Y DUAL–LICENSED CANNABIS 3
2285+ESTABLISHMENTS ; AND 4
2286+
2287+ (III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 5
2288+FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 6
2289+BY THE COMPTROLLER FOR THE A CCEPTANCE OF DONATIO NS OR GIFTS TO THE 7
2290+FUND. 8
2291+
2292+ (6) (I) THE FUND MAY BE USED ONLY FOR: 9
2293+
2294+ 1. FUNDING C OMMUNITY–BASED INITIATIVES 10
2295+INTENDED TO BENEFIT LOW–INCOME COMMUNITIES ; 11
2296+
2297+ 2. FUNDING COMMUNITY –BASED INITIATIVES TH AT 12
2298+SERVE COMMUNITIES DI SPROPORTIONATELY HAR MED BY THE CANNABIS 13
2299+PROHIBITION AND ENFO RCEMENT; AND 14
2300+
2301+ 3. ANY RELATED ADMINISTR ATIVE EXPENSES . 15
2302+
2303+ (II) MONEY MAY NOT BE EXPE NDED FROM THE FUND FOR LAW 16
2304+ENFORCEMENT AGENCIES OR ACTIVITIES. 17
2305+
2306+ (III) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO 18
2307+AND MAY NOT SUPPLANT FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR 19
2308+PREEXISTING LOCAL GO VERNMENT PROG RAMS. 20
2309+
2310+ (7) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 21
2311+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
2312+
2313+ (8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 23
2314+
2315+ (I) THE GENERAL FUND OF THE STATE; OR 24
2316+
2317+ (II) ANY OTHER SPECIAL FUN D OF THE STATE. 25
2318+
2319+ (9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND. 26
2320+
2321+ (10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 27
2322+AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 28
2323+ 50 HOUSE BILL 837
2324+
2325+
2326+ (B) (1) THE COMPTROLLER SHALL DIS TRIBUTE FUNDS F ROM THE FUND 1
2327+TO EACH COUNTY IN AN AMOUNT THAT , FOR THE PERIOD FROM JULY 1, 2002, TO 2
2328+JUNE 30, 2022, BOTH INCLUSIVE , IS PROPORTIONATE TO THE TOTAL NUMBER OF 3
2329+MARIJUANA ARRESTS IN THE COUNTY COMPARED TO THE TOTAL NUMBER OF 4
2330+MARIJUANA ARRESTS IN THE STATE. 5
2331+
2332+ (2) (I) SUBJECT TO THE LIMITA TIONS UNDER SUBSECTI ON (A)(6) 6
2333+OF THIS SECTION, EACH COUNTY SHALL AD OPT A LAW ESTABLISHI NG THE PURPOSE 7
2334+FOR WHICH MONEY RECE IVED FROM THE FUND MAY BE USED . 8
2335+
2336+ (II) ON OR BEFORE DECEMBER 1 EVERY 2 YEARS, BEGINNING IN 9
2337+2024, EACH LOCAL JURISDICTION SH ALL SUBMIT A REPORT TO THE GOVERNOR AND , 10
2338+IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE 11
2339+BUDGET AND TAXATION COMMITTEE, THE SENATE FINANCE COMMITTEE, THE 12
2340+HOUSE JUDICIARY COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT 13
2341+OPERATIONS COMMITTEE ON HOW FUND S RECEIVED FROM THE FUND WERE SPENT 14
2342+DURING THE IMMEDIATE LY PRECEDING 2 FISCAL YEARS. 15
2343+
2344+Article – Transportation 16
2345+
2346+21–903. 17
2347+
2348+ (a) (1) In this section the following words have the meanings indicated. 18
2349+
2350+ (2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented 19
2351+liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for 20
2352+beverage purposes. 21
2353+
2354+ (3) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THE 22
2355+CRIMINAL LAW ARTICLE. 23
2356+
2357+ [(3)] (4) (i) “Passenger area” means an area that: 24
2358+
2359+ 1. Is designed to seat the driver and any passenger of a motor 25
2360+vehicle while the motor vehicle is in operation; or 26
2361+
2362+ 2. Is readily accessible to the driver or a passenger of a motor 27
2363+vehicle while in their seating positions. 28
2364+
2365+ (ii) “Passenger area” does not include: 29
2366+
2367+ 1. A locked glove compartment; 30
2368+
2369+ 2. The trunk of a motor vehicle; or 31
2370+ HOUSE BILL 837 51
2371+
2372+
2373+ 3. If a motor vehicle is not equipped with a trunk, the area 1
2374+behind the rearmost upright seat or an area that is not normally occupied by the driver or a 2
2375+passenger of the motor vehicle. 3
2376+
2377+ (b) This section applies to a motor vehicle that is driven, stopped, standing, or 4
2378+otherwise located on a highway. 5
2379+
2380+ (c) A driver of a motor vehicle may not consume an alcoholic beverage, OR SMOKE 6
2381+OR CONSUME CANNABIS , in a passenger area of a motor vehicle on a highway. 7
2382+
2383+ (d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 8
2384+Article, or any other provision of law, the prohibition contained in this section applies 9
2385+throughout the State. 10
2386+
2387+ SECTION 6. 7. AND BE IT FURTHER ENACTED, That the terms of the initial 11
2388+appointed members of the Cannabis Public Health Advisory Council shall expire as follows: 12
2389+
2390+ (1) three members in 2025; 13
2391+
2392+ (2) three members in 2026; and 14
2393+
2394+ (3) four members in 2027. 15
2395+
2396+ SECTION 8. AND BE IT FURTHER ENACTED, That, if the voters ratify Chapter 16
2397+___ (H.B. 1) of the Acts of the General Assembly of 2022, legalizing cannabis in the State, it 17
2398+is the intent of the General Assembly that: 18
2399+
2400+ (1) the Office of the Executive Director of the Alcohol and Tobacco 19
2401+Commission shall be the successor of the Natalie M. LaPrade Medical Cannabis 20
2402+Commission in matters concerning the regulation of medical cannabis; 21
2403+
2404+ (2) the transfer of personnel from the Natalie M. LaPrade Medical Cannabis 22
2405+Commission to the Office of the Executive Director of the Alcohol and Tobacco Commission 23
2406+shall be studied jointly by the Commissions; and 24
2407+
2408+ (3) on or before January 1, 2023, the Commissions shall make a 25
2409+recommendation to the General Assembly, in accordance with § 2–1257 of the State 26
2410+Government Article, on how to transfer personnel in a manner that: 27
2411+
2412+ (i) will minimize the costs of the transfer and result in a more 28
2413+cost–efficient operation for the regulation of cannabis for the protection of the public health, 29
2414+safety, and welfare of the State; 30
2415+
2416+ (ii) does not result in any diminution of pay, working conditions, 31
2417+benefits, rights, or status; and 32
2418+ 52 HOUSE BILL 837
2419+
2420+
2421+ (iii) allows personnel to retain any merit system and retirement status 1
2422+they may have on the date of transfer. 2
2423+
2424+ SECTION 7. 8. 9. AND BE IT FURTHER ENACTED, That: 3
2425+
2426+ (a) The certification agency designated by the Board of Public Works under § 4
2427+14–303(b) of the State Finance and Procurement Article, in consultation with the 5
2428+Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, 6
2429+and the Office of the Attorney General, shall review the Business Disparities in the 7
2430+Maryland Market Area study completed on February 8, 2017, the Analysis of the Maryland 8
2431+Medical Cannabis Industry report completed on December 8, 2017, and the analysis of the 9
2432+industry report completed on January 17, 2018, to evaluate whether the data and analyses 10
2433+in the study and reports are sufficient to determine whether the enactment of remedial 11
2434+measures to assist minorities and women in the adult–use cannabis industry and market 12
2435+would comply with the requirements of City of Richmond v. J. A. Croson Co., 488 U.S. 469, 13
2436+and any subsequent federal or constitutional requirements. 14
2437+
2438+ (b) (1) If a determination is made that the data and analyses in the study and 15
2439+reports reviewed under subsection (a) of this section are sufficient to determine whether 16
2440+the enactment of remedial measures to assist minorities and women in the adult–use 17
2441+cannabis industry and market would comply with the requirements of the Croson decision 18
2442+and any subsequent federal or constitutional requirements, the certification agency shall 19
2443+submit the findings of the review to the Legislative Policy Committee, in accordance with 20
2444+§ 2–1257 of the State Government Article, on or before July 1, 2022, so that the General 21
2445+Assembly may review the findings before the 2023 legislative session. 22
2446+
2447+ (2) (i) If a determination is made that the data and analyses in the 23
2448+study and reports reviewed under subsection (a) of this section are insufficient to determine 24
2449+whether the enactment of remedial measures to assist minorities and women in the 25
2450+adult–use cannabis industry and market would comply with the requirements of the Croson 26
2451+decision and any subsequent federal or constitutional requirements, the certification 27
2452+agency and the Department of Legislative Services, in consultation with the Governor’s 28
2453+Office of Small, Minority, and Women Business Affairs, the General Assembly, and the 29
2454+Office of the Attorney General, shall initiate a study of the cannabis industry to evaluate 30
2455+whether the enactment of remedial measures to assist minorities and women in the 31
2456+adult–use cannabis industry and market would comply with the requirements of the Croson 32
2457+decision and any subsequent federal or constitutional requirements. 33
2458+
2459+ (ii) The certification agency shall submit the findings of the study 34
2460+initiated in accordance with subparagraph (i) of this paragraph to the Legislative Policy 35
2461+Committee, in accordance with § 2–1257 of the State Government Article, on or before 36
2462+November 1, 2022, so that the General Assembly may review the findings before the 2023 37
2463+legislative session. 38
2464+
2465+ (c) (1) The Natalie M. LaPrade Medical Cannabis Commission shall require 39
2466+licensed growers, processors, and dispensaries and preapproved applicants for licensure 40
2467+under Title 13, Subtitle 33 of the Health – General Article to provide to the Commission 41 HOUSE BILL 837 53
2468+
2469+
2470+any information determined to be necessary to continue to assess the need for remedial 1
2471+measures in the cannabis industry and market that may include the following data broken 2
2472+down by State fiscal year for the period beginning July 1, 2016, and ending June 30, 2022: 3
2473+
2474+ (i) a list of the licensee’s or applicant’s expenditures for each State 4
2475+fiscal year; and 5
2476+
2477+ (ii) for each expenditure, a description of the work performed, the 6
2478+dollar value of the expenditure, whether the work was performed by the licensee or a 7
2479+contractor or subcontractor, and, if performed by a contractor or subcontractor, the name 8
2480+of the entity that performed the work. 9
2481+
2482+ (2) Each licensed grower, processor, and dispensary and preapproved 10
2483+applicant for licensure under Title 13, Subtitle 33 of the Health – General Article shall 11
2484+provide the data requested under paragraph (1) of this subsection to the Commission on or 12
2485+before July 1, 2022. 13
2486+
2487+ (3) The Commission shall provide the data collected under paragraph (1) 14
2488+of this subsection to the certification agency on or before July 15, 2022. 15
2489+
2490+ (4) All data provided by each licensed grower, processor, and dispensary 16
2491+and preapproved applicant for licensure under Title 13, Subtitle 33 of the Health – General 17
2492+Article under this subsection: 18
2493+
2494+ (i) shall constitute confidential commercial information and 19
2495+confidential financial information and be treated as confidential by the Commission and 20
2496+the State; and 21
2497+
2498+ (ii) may be used only for purposes authorized under this section and 22
2499+be disclosed to the public only in an anonymized or aggregated format. 23
2500+
2501+ (d) The Governor’s Office of Small, Minority, and Women Business Affairs, in 24
2502+consultation with the certification agency and the Office of the Attorney General, shall 25
2503+develop race– and gender–neutral approaches to address the needs of minority and women 26
2504+applicants and minority– and women–owned businesses seeking to participate in the 27
2505+adult–use cannabis industry and submit a report of its findings to the Legislative Policy 28
2506+Committee, in accordance with § 2–1257 of the State Government Article, on or before 29
2507+October 15, 2022, so that the General Assembly may review, consider, and adopt race– and 30
2508+gender–neutral alternatives in any legislation adopted concerning the adult–use cannabis 31
2509+industry. 32
2510+
2511+ SECTION 8. 9. 10. AND BE IT FURTHER ENACTED, That: 33
2512+
2513+ (a) The Natalie M. LaPrade Medical Cannabis Commission shall study and make 34
2514+recommendations on: 35
2515+ 54 HOUSE BILL 837
2516+
2517+
2518+ (1) a home grow program to authorize qualifying patients to grow cannabis 1
2519+plants for personal use, including best practices implemented in other states; 2
2520+
2521+ (2) the establishment of on–site cannabis consumption facilities; and 3
2522+
2523+ (3) methods to reduce the use of cannabis by minors, including best 4
2524+practices regarding requirements related to advertising, potency, packaging, labeling, and 5
2525+other methods to reduce the appeal of cannabis to minors. 6
2526+
2527+ (b) The study required under subsection (a) of this section shall identify methods 7
2528+adopted by the Natalie M. LaPrade Medical Cannabis Commission through regulations as 8
2529+well as best practices implemented in other states. 9
2530+
2531+ (b) (c) On or before November 1, 2022, the Natalie M. LaPrade Medical Cannabis 10
2532+Commission shall report its findings and recommendations for the program to the Governor 11
2533+and, in accordance with § 2–1257 of the State Government Article, the Senate Finance 12
2534+Committee, the Senate Judicial Proceedings Committee, the House Judiciary Committee, 13
2535+and the House Health and Government Operations Committee. 14
2536+
2537+ SECTION 11. AND BE IT FURTHER ENACTED, That the State may not issue 15
2538+applications for new licenses to an adult–use cannabis cultivator, processor, retailer, or any 16
2539+other adult–use cannabis establishment until the report required under Section 9 of this Act 17
2540+is received and reviewed by the Legislative Policy Committee. 18
2541+
2542+ SECTION 12. AND BE IT FURTHER ENACTED, That, on or b efore December 1, 19
2543+2022, the Attorney General shall, in accordance with § 2–1257 of the State Government 20
2544+Article, provide to the General Assembly a formal opinion regarding the impact of cannabis 21
2545+legalization on the authority of police officers to conduct searches of individuals and vehicles 22
2546+based on detection of the odor of burnt or unburnt cannabis, including in cases involving 23
2547+suspicion of possession with intent to distribute cannabis, growing or manufacturing 24
2548+cannabis or cannabis products, or driving under the influence of cannabis. 25
2549+
2550+ SECTION 9. 10. 13. AND BE IT FURTHER ENACTED, That the publishers of the 26
2551+Annotated Code of Maryland, in consultation with and subject to the approval of the 27
2552+Department of Legislative Services, shall correct, with no further action required by the 28
2553+General Assembly, cross–references and terminology rendered incorrect by this Act. 29
2554+References to the term “marijuana” shall be replaced with references to the term 30
2555+“cannabis”. The publishers shall adequately describe any correction that is made in an 31
2556+editor’s note following the section affected. 32
2557+
2558+ SECTION 10. 11. 14. AND BE IT FURTHER ENACTED, That Sections 2, 3, 4, 5, 33
2559+and 6 6, and 7 7, and 8 of this Act are contingent on the passage of Chapter ___ (H.B. 1) of 34
2560+the Acts of the General Assembly of 2022, a constitutional amendment, and its ratification 35
2561+by the voters of the State. 36
2562+
2563+ SECTION 11. 12. 15. AND BE IT FURTHER ENACTED, That, subject to the 37
2564+provisions of Section 10 11 14 of this Act, Section 3 of this Act shall take effect January 1, 38 HOUSE BILL 837 55
2565+
2566+
2567+2023. Section 3 of this Act shall remain effective for a period of 6 months and, at the end of 1
2568+June 30, 2023, Section 3 of this Act, with no further action required by the General 2
2569+Assembly, shall be abrogated and of no further force and effect. 3
2570+
2571+ SECTION 12. 13. 16. AND BE IT FURTHER ENACTED, That, subject to the 4
2572+provisions of Section 10 11 14 of this Act, Section 4 of this Act shall take effect July 1, 2023. 5
2573+
2574+ SECTION 14. 17. AND BE IT FURTHER ENACTED, That, subject to the provisions 6
2575+of Section 11 14 of this Act, Section 6 of this Act shall take effect July 1, 2028 2023. 7
2576+
2577+ SECTION 13. 15. 18. AND BE IT FURTHER ENACTED, That, subject to the 8
2578+provisions of Section 10 11 14 of this Act, Sections 2, 5, and 6 7 of this Act shall take effect 9
2579+January 1, 2023. 10
2580+
2581+ SECTION 14. 16. 19. AND BE IT FURTHER ENACTED, That, except as provided 11
2582+in Sections 11, 12, and 13 12, 13, 14, and 15 15, 16, 17, and 18 of this Act, this Act shall 12
2583+take effect June 1, 2022. 13
2584+
2585+
2586+
2587+
2588+Approved:
2589+________________________________________________________________________________
2590+ Governor.
2591+________________________________________________________________________________
2592+ Speaker of the House of Delegates.
2593+________________________________________________________________________________
2594+ President of the Senate.