LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 1 –
Chapter 26
(House Bill 837)
AN ACT concerning
Cannabis Reform
FOR the purpose of requiring the Natalie M. LaPrade Medical Cannabis Commission, in
consultation with certain stakeholders, to conduct a certain baseline study of
cannabis use in the State; establishing the Cannabis Business Assistance Fund in
the Department of Commerce as a special, nonlapsing fund to provide assistance to
small, minority, and women–owned businesses entering the adult–use cannabis
industry; altering certain provisions relating to penalties, charging procedures,
expungement, shielding, and sentencing for certain offenses involving marijuana;
legalizing the use and possession of a certain quantity of marijuana by a person who
is at least a certain age; establishing the Cannabis Public Health Advisory Council;
establishing the Cannabis Public Health Fund; establishing the Community
Reinvestment and Repair Fund; adding the smoking of cannabis and hemp to certain
provisions of law prohibiting smoking in certain indoor areas; allowing a subtraction
modification under the Maryland income tax for certain expenses paid or incurred
during the taxable year in carrying on a trade or business as a certain medical
cannabis grower, processor, dispensary, or independent testing laboratory; and
generally relating to cannabis.
BY adding to
Article – Health – General
Section 13–4401 to be under the new subtitle “Subtitle 44. Cannabis Use Baseline
Study”; and 13–4501 through 13–4506 to be under the new subtitle “Subtitle
45. Cannabis Public Health Advisory Council”; and 13–4601 to be under the
new subtitle “Subtitle 46. Community Reinvestment and Repair Fund”
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Tax – General
Section 10–208(a) and 10–308(a)
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY adding to
Article – Tax – General
Section 10–208(bb)
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments, Ch. 26 2022 LAWS OF MARYLAND
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Article – Tax – General
Section 10–308(b)
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY adding to
Article – Economic Development
Section 5–1901 to be under the new subtitle “Subtitle 19. Cannabis Business
Assistance Fund”
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(i)
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)144. and 145.
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – State Finance and Procurement
Section 6–226(a)(2)(ii)146. and 147. through 148.
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Criminal Law
Section 5–101(a) and 5–601(a) and (c)(1)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 5–101(p) and (s) through (u), 5–601(a), (c)(2) and (4), and (d), 5–601.1, 5–602,
5–603, and 5–607 5–607, 5–619(c), and 5–620 5–620, 10–123, and 10–125
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–01(a) LAWRENCE J. HOGAN, JR., Governor Ch. 26
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Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–8A–01(dd) and 3–8A–33(a)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing
Article – Criminal Law
Section 5–101(r)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY adding to
Article – Criminal Law
Section 5–101(r) 5–101(e–1), (e–2), and (u), 5–601.2, and 5–602(c)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 4–101(c), 10–101(e), 10–105(a)(12) and (c)(8), 10–107, 10–110(a) and (c), and
10–111
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Criminal Procedure
Section 10–101(a) and (d)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY adding to
Article – Criminal Procedure
Section 10–105.3 and 10–112
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 24–501 through 24–503, 24–507, and 24–510
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
Ch. 26 2022 LAWS OF MARYLAND
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BY repealing and reenacting, without amendments,
Article – Health – General
Section 24–504, 24–505, and 24–508
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 5–101(e–2) and (u)
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
(As enacted by Section 4 of this Act)
BY repealing
Article – Criminal Law
Section 5–601.2
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
(As enacted by Section 4 of this Act)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 21–903
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
SUBTITLE 44. CANNABIS USE BASELINE STUDY.
13–4401.
(A) THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, IN
CONSULTATION WITH TH E DEPARTMENT , THE BEHAVIORAL HEALTH
ADMINISTRATION , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND
VICTIM SERVICES, THE MARYLAND POISON CENTER, THE STATE’S DESIGNATED
HEALTH INFORMATION EXCHANGE, AND THE MARYLAND HOSPITAL ASSOCIATION,
SHALL CONDUCT , OR CONTRACT WITH AN INSTITUTION OF HIGHE R EDUCATION OR
A PRIVATE RESEARCH E NTITY TO CONDUCT , A COMPREHENSIVE BASE LINE STUDY
OF CANNABIS USE IN TH E STATE THAT INCLUDES A SURVEY OF:
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(1) PATTERNS OF USE , INCLUDING FREQUENCY OF USE AND DOSING ,
METHODS OF CONSUMPTI ON, AND GENERAL PERCEPTI ONS OF CANNABIS AMON G:
(I) INDIVIDUALS UNDER THE AGE OF 21 18 YEARS;
(II) INDIVIDUALS AT LEAST 18 YEARS OLD AND UNDER THE AGE
OF 21 YEARS;
(II) (III) INDIVIDUALS AT LEAST 21 YEARS OLD AND UNDER
THE AGE OF 55 YEARS;
(III) (IV) INDIVIDUALS AT LEAST 55 YEARS OLD;
(IV) (V) PREGNANT WOMEN ; AND
(V) (VI) BREASTFEEDING WOMEN ;
(2) INCIDENTS OF IMPAIRED DRIVING, INCLUDING ARRESTS ,
ACCIDENTS, AND FATALITIES, RELATED TO CANNABIS USE;
(3) HOSPITALIZATIONS RELA TED TO CANNABIS USE ;
(4) CALLS TO POISON CONTR OL CENTERS RELATED T O CANNABIS
USE, INCLUDING DATA ON CA LLS RELATED TO INDIV IDUALS UNDER THE AGE OF 21
YEARS; AND
(5) DIAGNOSES OF CANNABIS USE DISORDER AND PRO BLEM
CANNABIS USE.
(B) ON OR BEFORE JANUARY MARCH 1, 2023, THE NATALIE M. LAPRADE
MEDICAL CANNABIS COMMISSION SHALL SUBM IT A REPORT OF THE F INDINGS OF
THE BASELINE ST UDY CONDUCTED UNDER SUBSECTION (A) OF THIS SECTION TO
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
ARTICLE, THE SENATE FINANCE COMMITTEE, THE SENATE JUDICIAL
PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE.
(C) ON OR BEFORE JANUARY MARCH 1, 2025, AND EVERY OTHER YEAR
THEREAFTER , THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION
SHALL:
(1) SURVEY THE SAME FACTO RS THAT ARE SET FORT H IN
SUBSECTION (A) OF THIS SECTION;
Ch. 26 2022 LAWS OF MARYLAND
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(2) USE THE SAME METHODOL OGY OR MODEL THAT IS USED TO
CONDUCT THE SURVEY R EQUIRED UNDER SUBSEC TION (A) OF THIS SECTION; AND
(3) SUBMIT A REPORT OF TH E FINDINGS OF THE SU RVEY REQUIRED
UNDER THIS SUBSECTIO N TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257
OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE, THE
SENATE JUDICIAL PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY
COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS
COMMITTEE.
Article – Tax – General
10–208.
(a) In addition to the modification under § 10–207 of this subtitle, the amounts
under this section are subtracted from the federal adjusted gross income of a resident to
determine Maryland adjusted gross income.
(BB) (1) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS SEC TION
INCLUDES THE AMOUNT OF ORDINARY AND NECE SSARY EXPENSES PAID OR
INCURRED DURING THE TAXABLE YEAR IN CARR YING ON A TRADE OR A BUSINESS AS
A MEDICAL CANNABIS G ROWER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S
ESTABLISHMENT LICENS ED BY THE STATE, IF THE DEDUCTION FOR ORDINA RY AND
NECESSARY EXPENSES I S DISALLOWED UNDER § 280E OF THE INTERNAL REVENUE
CODE.
(2) THE SUBTRACTION ALLOW ED UNDER PARAGRAPH (1) OF THIS
SUBSECTION INCLUDES A REASONABLE ALLOWAN CE FOR SALARIES OR O THER
COMPENSATION FOR PER SONAL SERVICES ACTUALLY REND ERED DURING THE
TAXABLE YEAR.
(3) THE SUBTRACTION ALLOW ED UNDER THIS SUBSEC TION IS
APPLICABLE TO ALL TA XABLE YEARS BEGINNIN G AFTER DECEMBER 31, 2021.
10–308.
(a) In addition to the modification under § 10–307 of this subtitle, the amounts
under this section are subtracted from the federal taxable income of a corporation to
determine Maryland modified income.
(b) The subtraction under subsection (a) of this section includes the amounts
allowed to be subtracted for an individual under:
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(1) § 10–208(d) of this title (Enhanced agricultural management equipment
expenses);
(2) § 10–208(i) of this title (Reforestation or timber stand expenses);
(3) § 10–208(k) of this title (Wage expenses for targeted jobs);
(4) § 10–208(p) of this title (Elevator handrails in health care facilities);
[and]
(5) § 10–208(z) of this title (Donations to diaper banks and other charitable
entities); AND
(6) § 10–208(BB) OF THIS TITLE (TRADE OR BUSINESS EXP ENSES OF
MEDICAL CANNABIS GRO WER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S
ESTABLISHMENT ).
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Economic Development
SUBTITLE 19. CANNABIS BUSINESS ASSISTANCE FUND.
5–1901.
(A) IN THIS SECTION , “FUND” MEANS THE CANNABIS BUSINESS
ASSISTANCE FUND.
(B) THERE IS A CANNABIS BUSINESS ASSISTANCE FUND.
(C) THE PURPOSE OF THE FUND IS TO ASSIST SMA LL, MINORITY–OWNED,
AND WOMEN –OWNED BUSINESSES ENT ERING THE ADULT –USE CANNABIS INDUSTR Y.
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND.
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(F) THE FUND CONSISTS OF :
(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND Ch. 26 2022 LAWS OF MARYLAND
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(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND
MAY BE USED ONLY FOR :
(I) GRANTS OR LOANS TO S MALL, MINORITY–OWNED, OR
WOMEN–OWNED BUSINESSES FOR :
1. LICENSE APPLICATION ASSISTANCE FOR
PARTICIPATION IN THE ADULT–USE CANNABIS INDUSTR Y;
2. ASSISTANCE WITH THE OPERATING OR CAPITAL
EXPENSES OF A BUSINESS PARTICIPATI NG IN THE ADULT–USE CANNABIS INDUSTR Y;
OR
3. TARGETED TRAINING TO SUPPORT PARTICIPATIO N IN
THE ADULT–USE CANNABIS INDUSTR Y; AND
(II) GRANTS TO HISTORICAL LY BLACK COLLEGES AN D
UNIVERSITIES FOR CAN NABIS–RELATED PROGRAMS AND BUSINESS DEVELOPMENT
ORGANIZATIONS , INCLUDING INCUBATORS , TO TRAIN AND ASSIST SMALL,
MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS SEEKING TO
BECOME LICENSED TO P ARTICIPATE IN THE AD ULT–USE CANNABIS INDUSTR Y.
(2) THE DEPARTMENT :
(I) SHALL PRIORITIZE AWARDING GRANTS AND LOANS IN
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION T O:
1. POPULATIONS THAT HAV E BEEN HISTORICALLY
DISPROPORTIONATELY I MPACTED BY THE ENFOR CEMENT OF LAWS CRIMI NALIZING
THE USE OF CANNABIS ; AND
(II) MAY AWARD GRANTS OR LOANS TO
2. INDIVIDUALS WHO HAVE BEEN CONVICTED OF A
VIOLATION OF A LAW C RIMINALIZING THE USE OF CANNABIS; AND
(III) (II) MAY NOT AWARD GRANTS OR LOANS TO SMALL ,
MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS WITH HIGH A
PERSONAL NET WORTH EXCEEDING $1,700,000. LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(3) IN ORDER TO AWARD GRA NTS AND LOANS IN ACC ORDANCE WITH
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL DEVE LOP
PARTNERSHIPS WITH :
(I) TRADITIONAL MINORITY –SERVING INSTITUTIONS IN THE
STATE AND SURR OUNDING JURISDICTION S, INCLUDING HISTORICAL LY BLACK
COLLEGES AND UNIVERS ITIES;
(II) TRADE ASSOCIATIONS R EPRESENTING MINORITY AND
WOMEN–OWNED BUSINESSES ; AND
(III) THE GOVERNOR’S OFFICE OF SMALL, MINORITY, AND
WOMEN BUSINESS AFFAIRS.
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
THE FUND.
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET.
Article – State Finance and Procurement
6–226.
(a) (2) (i) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.
(ii) The provisions of subparagraph (i) of this paragraph do not apply
to the following funds:
144. the Health Equity Resource Community Reserve Fund;
[and]
145. the Access to Counsel in Evictions Special Fund;
146. THE CANNABIS BUSINESS ASSISTANCE FUND; AND
Ch. 26 2022 LAWS OF MARYLAND
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147. THE CANNABIS PUBLIC HEALTH FUND; AND
148. THE COMMUNITY REINVESTMENT AND REPAIR FUND.
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Criminal Law
5–101.
(a) In this title the following words have the meanings indicated.
(E–2) “CIVIL USE AMOUNT ” MEANS:
(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES
BUT DOES NOT EXCEED 2.5 OUNCES;
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12
GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G
DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES
NOT EXCEED 1,250 MILLIGRAMS.
(U) “PERSONAL USE AMOUNT ” MEANS:
(1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5
OUNCES;
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT
EXCEED 12 GRAMS; OR
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS.
5–601.
(a) Except as otherwise provided in this title, a person may not:
(1) possess or administer to another a controlled dangerous substance,
unless obtained directly or by prescription or order from an authorized provider acting in
the course of professional practice; or
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(2) obtain or attempt to obtain a controlled dangerous substance, or
procure or attempt to procure the administration of a controlled dangerous substance by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) the counterfeiting or alteration of a prescription or a written
order;
(iii) the concealment of a material fact;
(iv) the use of a false name or address;
(v) falsely assuming the title of or representing to be a
manufacturer, distributor, or authorized provider; or
(vi) making, issuing, or presenting a false or counterfeit prescription
or written order.
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a
person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(i) for a first conviction, imprisonment not exceeding 1 year or a fine
not exceeding $5,000 or both;
(ii) for a second or third conviction, imprisonment not exceeding 18
months or a fine not exceeding $5,000 or both; or
(iii) for a fourth or subsequent conviction, imprisonment not
exceeding 2 years or a fine not exceeding $5,000 or both.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a
person whose violation of this section involves the use or possession of [marijuana]
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
(ii) 1. A [first] finding of guilt under this section involving the
use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF
CANNABIS THE PERSONAL USE AMO UNT OF CANNABIS is a civil offense punishable by
a fine not exceeding $100.
2. A [second] finding of guilt under this section involving the
use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT
MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil
offense punishable by a fine not exceeding $250.
Ch. 26 2022 LAWS OF MARYLAND
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3. [A third or subsequent finding of guilt under this section
involving the use or possession of less than 10 grams of marijuana is a civil offense
punishable by a fine not exceeding $500.
4.] A. In addition to a fine, a court shall MAY order a
person under the age of 21 years who commits a violatio n punishable under
subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program
approved by the Maryland Department of Health, refer the person to an assessment for
substance abuse disorder, and refer the person to substance abuse treatment, if necessary.
B. [In addition to a fine, a court shall order a person at least
21 years old who commits a violation punishable under subsubparagraph 3 of this
subparagraph to attend a drug education program approved by the Maryland Department
of Health, refer the person to an assessment for substance abuse disorder, and refer the
person to substance abuse treatment, if necessary.
C.] A court that orders a person to a drug education program
or substance abuse assessment or treatment under this subsubparagraph may hold the
case sub curia pending receipt of proof of completion of the program, assessment, or
treatment.
(4) [A violation of this section involving the] THE smoking of [marijuana]
CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]:
(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50
$250; AND
(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE
NOT EXCEEDING $150 $500.
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of
marijuana a civil offense] may not be construed to affect the laws relating to:
(1) operating a vehicle or vessel while under the influence of or while
impaired by a controlled dangerous substance; or
(2) seizure and forfeiture.
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Criminal Law
5–101.
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(a) In this title the following words have the meanings indicated.
(E–2) “CIVIL USE AMOUNT ” MEANS:
(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES
BUT DOES NOT EXCEED 2.5 OUNCES;
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12
GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR
(3) AN AMOUNT OF CANNABI S PRODUCTS CO NTAINING
DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES
NOT EXCEED 1,250 MILLIGRAMS; OR
(4) TWO OR FEWER CANNABI S PLANTS.
(U) “PERSONAL USE AMOUNT ” MEANS:
(1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5
OUNCES;
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT
EXCEED 12 GRAMS;
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS; OR
(4) TWO OR FEWER CANNABI S PLANTS.
5–601.
(a) Except as otherwise provided in this title, a person may not:
(1) possess or administer to another a controlled dangerous substance,
unless:
(I) obtained directly or by prescription or order from an authorized
provider acting in the course of professional practice; or
(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS,
THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED IS 1.5
OUNCES OR LESS IS THE PERSONAL USE AMOUNT; OR
(2) obtain or attempt to obtain a controlled dangerous substance, or
procure or attempt to procure the administration of a controlled dangerous substance by: Ch. 26 2022 LAWS OF MARYLAND
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(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) the counterfeiting or alteration of a prescription or a written
order;
(iii) the concealment of a material fact;
(iv) the use of a false name or address;
(v) falsely assuming the title of or representing to be a
manufacturer, distributor, or authorized provider; or
(vi) making, issuing, or presenting a false or counterfeit prescription
or written order.
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a
person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(i) for a first conviction, imprisonment not exceeding 1 year or a fine
not exceeding $5,000 or both;
(ii) for a second or third conviction, imprisonment not exceeding 18
months or a fine not exceeding $5,000 or both; or
(iii) for a fourth or subsequent conviction, imprisonment not
exceeding 2 years or a fine not exceeding $5,000 or both.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a
person whose violation of this section involves the use or possession of [marijuana]
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
(ii) 1. A [first] finding of guilt under this section involving the
use or possession of [less than 10 grams of marijuana] 1.5 OUNCES OR LESS OF
CANNABIS THE PERSONAL USE AMO UNT OF CANNABIS BY A PERSON UNDER TH E AGE
OF 21 YEARS is a civil offense punishable by a fine not exceeding $100.
2. A [second] finding of guilt under this section involving the
use or possession of [less than 10 grams of marijuana] MORE THAN 1.5 OUNCES BUT NOT
MORE THAN 2.5 OUNCES OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS is a civil
offense punishable by a fine not exceeding $250.
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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3. [A third or subsequent finding of guilt under this section
involving the use or possession of less than 10 grams of marijuana is a civil offense
punishable by a fine not exceeding $500.
4.] A. In addition to a fine, a court shall MAY order a
person under the age of 21 years who commits a violation punishable under
subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program
approved by the Maryland Department of Health, refer the person to an assessment for
substance abuse disorder, and refer the person to substance abuse treatment, if necessary.
B. [In addition to a fine, a court shall order a person at least
21 years old who commits a violation punishable under subsubparagraph 3 of this
subparagraph to attend a drug education program approved by the Maryland Department
of Health, refer the person to an assessment for substance abuse disorder, and refer the
person to substance abuse treatment, if necessary.
C.] A court that orders a person to a drug education program
or substance abuse assessment or treatment under this subsubparagraph may hold the
case sub curia pending receipt of proof of completion of the program, assessment, or
treatment.
(4) [A violation of this section involving the] THE smoking of [marijuana]
CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]:
(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING $50
$250; AND
(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE
NOT EXCEEDING $150 $500.
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of
marijuana a civil offense] may not be construed to affect the laws relating to:
(1) operating a vehicle or vessel while under the influence of or while
impaired by a controlled dangerous substance; or
(2) seizure and forfeiture.
5–601.2.
(A) A PERSON MAY NOT CULTI VATE CANNABIS PLANTS IN A MANNER THAT
IS CONTRARY TO THIS SECTION.
(B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE
THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER Ch. 26 2022 LAWS OF MARYLAND
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PRIVATE PROPERTY , WITHOUT THE USE OF BINOCULAR S, AIRCRAFT, OR OTHER
OPTICAL AIDS.
(C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES
CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS
UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY.
(2) A PERSON WHO CULTIVATES CANNABIS SHALL TAKE REASONABL E
PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS
AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS.
(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN
POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSON IN
LAWFUL POSSESSION OF THE PROPERTY .
(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS
PLANTS.
(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN TWO C ANNABIS
PLANTS.
(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT
THE SAME RESIDENCE , NO MORE THAN TWO CAN NABIS PLANTS MAY BE CULTIVATED
AT THAT RESIDENCE .
(G) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A
FINE NOT EXCEEDING $5,000 OR BOTH.
5–602.
(C) (1) (I) IN THIS SUBSECTION , “ADULT SHARING ” MEANS
TRANSFERRING CANNABI S BETWEEN PERSONS WH O ARE 21 YEARS OF AGE OR
OLDER WITHOUT REMUNE RATION.
(II) “ADULT SHARING ” DOES NOT INCLUDE INS TANCES IN
WHICH:
1. CANNABIS IS GIVEN AW AY CONTEMPORANEOUSLY
WITH ANOTHER RECIPRO CAL TRANSACTION BETW EEN THE SAME PARTIES ;
2. A GIFT OF CANNABIS I S OFFERED OR ADVERTI SED IN
CONJUNCTION WITH AN OFFER FOR THE SALE O F GOODS OR SERVICES ; OR
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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3. A GIFT OF CANNABIS I S CONTINGENT ON A SEPA RATE
RECIPROCAL TRANSACTI ON FOR GOODS OR SERV ICES.
(2) THIS SECTION DOES NOT PROHIBIT, AND NO CIVIL OR CRIM INAL
PENALTY MAY BE IMPOS ED FOR, ADULT SHARING OF THE PERSONAL USE AMOUNT
OF CANNABIS.
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Courts and Judicial Proceedings
3–8A–01.
(a) In this subtitle the following words have the meanings indicated, unless the
context of their use indicates otherwise.
(dd) “Violation” means a violation for which a citation is issued under:
(1) § 5–601 of the Criminal Law Article involving the use or possession of
[less than 10 grams of marijuana] CANNABIS;
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
(3) § 10–132 of the Criminal Law Article;
(4) § 10–136 of the Criminal Law Article; or
(5) § 26–103 of the Education Article.
3–8A–33.
(a) A law enforcement officer authorized to make arrests shall issue a citation to
a child if the officer has probable cause to believe that the child is violating:
(1) § 5–601 of the Criminal Law Article involving the use or possession of
[less than 10 grams of marijuana] CANNABIS;
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
(3) § 10–132 of the Criminal Law Article;
(4) § 10–136 of the Criminal Law Article; or
(5) § 26–103 of the Education Article.
Ch. 26 2022 LAWS OF MARYLAND
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Article – Criminal Law
5–101.
(a) In this title the following words have the meanings indicated.
(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY
PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS ,
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A
DRY WEIGHT BASIS.
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101
OF THE AGRICULTURE ARTICLE.
(p) (1) “Drug paraphernalia” means equipment, a product, or material that is
used, intended for use, or designed for use, in:
(i) planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, packaging,
repackaging, storing, containing, or concealing a controlled dangerous substance in
violation of this title; or
(ii) injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled dangerous substance in violation of this title.
(2) “Drug paraphernalia” includes:
(i) a kit used, intended for use, or designed for use in planting,
propagating, cultivating, growing, or harvesting any species of plant that is a controlled
dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous
substance can be derived;
(ii) a kit used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing, or preparing a controlled
dangerous substance OTHER THAN CANNABIS ;
(iii) an isomerization device used, intended for use, or designed for
use in increasing the potency of any species of plant that is a controlled dangerous
substance OTHER THAN CANNABIS ;
(iv) testing equipment used, intended for use, or designed for use in
analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER
THAN CANNABIS ;
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(v) a scale or balance used, intended for use, or designed for use in
weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ;
(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol,
mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a
controlled dangerous substance OTHER THAN CANNABIS ;
(vii) a separation gin or sifter used, intended for use, or designed for
use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A
CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS;
(viii) a blender, bowl, container, spoon, or mixing device used,
intended for use, or designed for use in compounding a controlled dangerous substance
OTHER THAN CANNABIS ;
(ix) a capsule, balloon, envelope, or other container used, intended
for use, or designed for use in packaging small quantities of a controlled dangerous
substance OTHER THAN CANNABIS ;
(x) a container or other object used, intended for use, or designed for
use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ;
(xi) a hypodermic syringe, needle, or other object used, intended for
use, or designed for use in parenterally injecting a controlled dangerous substance into the
human body; and
(xii) an object used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the
human body [such as:
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipe with or without screen, permanent screen, hashish head, or punctured metal bowl;
2. a water pipe;
3. a carburetion tube or device;
4. a smoking or carburetion mask;
5. an object known as a roach clip used to hold burning
material, such as a marijuana cigarette that has become too small or too short to be held in
the hand;
6. a miniature spoon used for cocaine and cocaine vials;
7. a chamber pipe; Ch. 26 2022 LAWS OF MARYLAND
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8. a carburetor pipe;
9. an electric pipe;
10. an air–driven pipe;
11. a chillum;
12. a bong; and
13. an ice pipe or chiller].
[(r) (1) “Marijuana” means:
(i) all parts of any plant of the genus Cannabis, whether or not the
plant is growing;
(ii) the seeds of the plant;
(iii) the resin extracted from the plant; and
(iv) each compound, manufactured product, salt, derivative, mixture,
or preparation of the plant, its seeds, or its resin.
(2) “Marijuana” does not include:
(i) the mature stalks of the plant;
(ii) fiber produced from the mature stalks;
(iii) oil or cake made from the seeds of the plant;
(iv) except for resin, any other compound, manufactured product,
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
(v) the sterilized seed of the plant that is incapable of germination;
or
(vi) hemp as defined in § 14–101 of the Agriculture Article.]
(R) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY
PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS ,
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH LAWRENCE J. HOGAN, JR., Governor Ch. 26
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A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A
DRY WEIGHT BASIS .
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101
OF THE AGRICULTURE ARTICLE.
[(s)] (R) (1) “Narcotic drug” means a substance:
(i) that has been found to present an extreme danger to the health
and welfare of the community because of addiction–forming and addiction–sustaining
qualities;
(ii) that is:
1. an opiate;
2. a compound, manufactured substance, salt, derivative, or
preparation of opium, coca leaf, or an opiate; or
3. a substance and any compound, manufactured substance,
salt, derivative, or preparation that is chemically identical with a substance listed in items
1 and 2 of this item; and
(iii) that is produced:
1. directly or indirectly by extraction from substances of
vegetable origin;
2. independently by chemical synthesis; or
3. by a combination of extraction and chemical synthesis.
(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf
that does not contain cocaine or ecgonine.
[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a
controlled dangerous substance under Subtitle 4 of this title.
[(u)] (T) (1) “Opiate” means a substance that has an addiction–forming or
addiction–sustaining quality similar to morphine or that can be converted into a drug that
has this addiction–forming or addiction–sustaining quality.
(2) “Opiate” includes:
(i) the racemic and levorotatory forms of an opiate;
Ch. 26 2022 LAWS OF MARYLAND
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(ii) except for seeds, the opium poppy, the plant of the species
Papaver somniferum L.;
(iii) the poppy straw consisting of the opium poppy after mowing
except the seeds; and
(iv) coca leaf.
(3) “Opiate” does not include, unless specifically designated as controlled
under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan
and its salts (dextromethorphan).
5–601.1.
(a) A police officer shall issue a citation to a person who the police officer has
probable cause to believe has committed a violation of § 5–601 of this part involving the use
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS
THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F
CANNABIS.
(b) (1) A violation of § 5–601 of this part involving the use or possession of [less
than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE
AMOUNT OF CANNABIS O R THE PERSONAL USE AMOU NT OF CANNABIS is a civil
offense.
(2) Adjudication of a violation under § 5–601 of this part involving the use
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS
THE CIVIL USE AMOUNT OF CANNABIS OR THE PERSONAL USE AMOUNT OF
CANNABIS:
(i) is not a criminal conviction for any purpose; and
(ii) does not impose any of the civil disabilities that may result from
a criminal conviction.
(c) (1) A citation issued for a violation of § 5–601 of this part involving the use
or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS
THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT O F CANNABIS
shall be signed by the police officer who issues the citation and shall contain:
(i) the name, address, and date of birth of the person charged;
(ii) the date and time that the violation occurred;
(iii) the location at which the violation occurred; LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(iv) the fine that may be imposed;
(v) a notice stating that prepayment of the fine is allowed, except as
provided in paragraph (2) of this subsection; and
(vi) a notice in boldface type that states that the person shall:
1. pay the full amount of the preset fine; or
2. request a trial date at the date, time, and place established
by the District Court by writ or trial notice.
(2) [(i)] If a citation for a violation of § 5–601 of this part involving the
use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF
CANNABIS THE CIVIL USE AMOUN T OF CANNABIS OR THE PERSONAL USE AMOUNT
OF CANNABIS is issued to a person under the age of 21 years, the court shall summon the
person for trial.
[(ii) If the court finds that a person at least 21 years old who has been
issued a citation under this section has at least twice previously been found guilty under §
5–601 of this part involving the use or possession of less than 10 grams of marijuana, the
court shall summon the person for trial.]
(d) The form of the citation shall be uniform throughout the State and shall be
prescribed by the District Court.
(e) (1) The Chief Judge of the District Court shall establish a schedule for the
prepayment of the fine.
(2) Prepayment of a fine shall be considered a plea of guilty to a Code
violation.
(3) A person described in subsection (c)(2) of this section may not prepay
the fine.
(f) (1) A person may request a trial by sending a request for trial to the District
Court in the jurisdiction where the citation was issued within 30 days of the issuance of the
citation.
(2) If a person other than a person described in subsection (c)(2) of this
section does not request a trial or prepay the fine within 30 days of the issuance of the
citation, the court may impose the maximum fine and costs against the person and find the
person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section].
Ch. 26 2022 LAWS OF MARYLAND
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(g) The issuing jurisdiction shall forward a copy of the citation and a request for
trial to the District Court in the district having venue.
(h) (1) The failure of a defendant to respond to a summons described in
subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure
Article.
(2) If a person at least 21 years old fails to appear after having requested
a trial, the court may impose the maximum fine and costs against the person and find the
person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section].
(i) In any proceeding for a Code violation under § 5–601 of this part involving the
use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF
CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT
OF CANNABIS:
(1) the State has the burden to prove the guilt of the defendant by a
preponderance of the evidence;
(2) the court shall apply the evidentiary standards as prescribed by law or
rule for the trial of a criminal case;
(3) the court shall ensure that the defendant has received a copy of the
charges against the defendant and that the defendant understands those charges;
(4) the defendant is entitled to cross–examine all witnesses who appear
against the defendant, to produce evidence or witnesses on behalf of the defendant, and to
testify on the defendant’s own behalf, if the defendant chooses to do so;
(5) the defendant is entitled to be represented by counsel of the defendant’s
choice and at the expense of the defendant; and
(6) the defendant may enter a plea of guilty or not guilty, and the verdict
of the court in the case shall be:
(i) guilty of a Code violation;
(ii) not guilty of a Code violation; or
(iii) probation before judgment, imposed by the court in the same
manner and to the same extent as is allowed by law in the trial of a criminal case.
(j) (1) The defendant is liable for the costs of the proceedings in the District
Court.
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(2) The court costs in a Code violation case under § 5–601 of this part
involving the use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS
OF CANNABIS THE CIVIL USE AMOUNT OF CAN NABIS OR THE PERSONA L USE AMOUNT
OF CANNABIS in which costs are imposed are $5.
(k) (1) The State’s Attorney for any county may prosecute a Code violation
under § 5–601 of this part involving the use or possession of [less than 10 grams of
marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE AMOUNT OF CANNABIS
OR THE PERSONAL USE AMOUNT OF CANNABIS in the same manner as prosecution of a
violation of the criminal laws of the State.
(2) In a Code violation case under § 5–601 of this part involving the use or
possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE
CIVIL USE AMOUNT OF CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS, the
State’s Attorney may:
(i) enter a nolle prosequi or move to place the case on the stet docket;
and
(ii) exercise authority in the same manner as prescribed by law for
violation of the criminal laws of the State.
(l) A person issued a citation for a violation of § 5–601 of this part involving the
use or possession of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF
CANNABIS THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT
OF CANNABIS who is under the age of 18 years shall be subject to the procedures and
dispositions provided in Title 3, Subtitle 8A of the Courts Article.
(m) A citation for a violation of § 5–601 of this part involving the use or possession
of [less than 10 grams of marijuana] 2.5 OUNCES OR LESS OF CANNABIS THE CIVIL USE
AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS and the official
record of a court regarding the citation are not subject to public inspection and may not be
included on the public website maintained by the Maryland Judiciary if:
(1) the defendant has prepaid the fine;
(2) the defendant has pled guilty to or been found guilty of the Code
violation and has fully paid the fine and costs imposed for the violation;
(3) the defendant has received a probation before judgment and has fully
paid the fine and completed any terms imposed by the court;
(4) the case has been removed from the stet docket after the defendant fully
paid the fine and completed any terms imposed by the court;
Ch. 26 2022 LAWS OF MARYLAND
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(5) the State has entered a nolle prosequi;
(6) the defendant has been found not guilty of the charge; or
(7) the charge has been dismissed.
5–602.
(A) Except as otherwise provided in this title, a person may not:
(1) distribute or dispense a controlled dangerous substance; or
(2) possess a controlled dangerous substance OTHER THAN CANNABIS in
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or
dispense a controlled dangerous substance.
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY
NOT POSSESS CANNABIS IN SUFFICIENT QUANTI TY REASONABLY TO IND ICATE
UNDER ALL CIRCUMSTAN CES AN INTENT TO DIS TRIBUTE OR DISPENSE CANNABIS.
(2) POSSESSION OF 2.5 OUNCES OR LESS OF CA NNABIS THE CIVIL USE
AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS WITHOUT
OTHER EVIDENCE OF AN INTENT TO DISTRIBUTE OR DISPENSE DOES NOT
CONSTITUTE A VIOLATI ON OF PARAGRAPH (1) OF THIS SUBSECTION .
5–603.
(A) Except as otherwise provided in this title, a person may not manufacture a
controlled dangerous substance OTHER THAN CANNABIS , or manufacture, distribute, or
possess a machine, equipment, instrument, implement, device, or a combination of them
that is adapted to produce a controlled dangerous substance OTHER THAN CANNABIS
under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense
a controlled dangerous substance OTHER THAN CANNABIS in violation of this title.
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MA Y NOT
CULTIVATE OR GROW CA NNABIS OR MANUFACTUR E A CANNABIS PRODUCT , OR
MANUFACTURE , DISTRIBUTE, OR POSSESS A MACHINE , EQUIPMENT, AN
INSTRUMENT , AN IMPLEMENT , A DEVICE, OR A COMBINATION OF THEM THAT IS
ADAPTED TO PRODUCE C ANNABIS OR A CANNABI S PRODUCT UNDER
CIRCUMSTANCES THAT R EASONABLY INDICATE A N INTENT TO USE IT T O PRODUCE,
SELL, OR DISPENSE CANNABIS OR A CANNABIS PRODUC T IN VIOLATION OF TH IS
TITLE.
5–607. LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(a) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND §§
5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through
5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not
exceeding 5 years or a fine not exceeding $15,000 or both.
(2) A PERSON WHO VIOLATES § 5–602(B)(1) OR § 5–603(B) OF THIS
SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO
IMPRISONMENT NOT EXC EEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR
BOTH.
(b) A person convicted under this section is not prohibited from participating in a
drug treatment program under § 8–507 of the Health – General Article because of the
length of the sentence.
5–619.
(c) (1) [This subsection does not apply to the use or possession of drug
paraphernalia involving the use or possession of marijuana.
(2)] Unless authorized under this title, a person may not use or possess with
intent to use drug paraphernalia to:
(i) plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a
controlled dangerous substance; or
(ii) inject, ingest, inhale, or otherwise introduce into the human body
a controlled dangerous substance.
[(3)] (2) A person who violates this subsection is guilty of a misdemeanor
and on conviction is subject to:
(i) for a first violation, a fine not exceeding $500; and
(ii) for each subsequent violation, imprisonment not exceeding 2
years or a fine not exceeding $2,000 or both.
[(4)] (3) A person who is convicted of violating this subsection for the first
time and who previously has been convicted of violating subsection (d)(4) of this section is
subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection.
5–620.
(a) Unless authorized under this title, a person may not:
Ch. 26 2022 LAWS OF MARYLAND
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(1) obtain or attempt to obtain controlled paraphernalia by:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) counterfeiting a prescription or a written order;
(iii) concealing a material fact or the use of a false name or address;
(iv) falsely assuming the title of or representing to be a
manufacturer, distributor, or authorized provider; or
(v) making or issuing a false or counterfeit prescription or written
order; or
(2) possess or distribute controlled paraphernalia under circumstances
which reasonably indicate an intention to use the controlled paraphernalia for purposes of
illegally administering a controlled dangerous substance.
(b) Evidence of circumstances that reasonably indicate an intent to use controlled
paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous
substance unlawfully include the close proximity of the controlled paraphernalia to an
adulterant, diluent, or equipment commonly used to illegally manufacture, administer,
distribute, or dispense controlled dangerous substances, including:
(1) a scale;
(2) a sieve;
(3) a strainer;
(4) a measuring spoon;
(5) staples;
(6) a stapler;
(7) a glassine envelope;
(8) a gelatin capsule;
(9) procaine hydrochloride;
(10) mannitol;
(11) lactose;
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(12) quinine; and
(13) a controlled dangerous substance.
(c) Information that is communicated to a physician to obtain controlled
paraphernalia from the physician in violation of this subtitle is not a privileged
communication.
(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment
not exceeding 4 years or a fine not exceeding $25,000 or both.
[(2) A person who violates this section involving the use or possession of
marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000
or both.]
Article – Criminal Procedure
4–101.
(c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any
other law allowing a crime to be charged by citation, a police officer shall charge by citation
for:
1. any misdemeanor or local ordinance violation that does
not carry a penalty of imprisonment;
2. any other misdemeanor or local ordinance violation not
involving serious injury or an immediate health risk for which the maximum penalty of
imprisonment is 90 days or less, except:
A. failure to comply with a peace order under § 3–1508 of the
Courts Article;
B. failure to comply with a protective order under § 4–509 of
the Family Law Article;
C. violation of a condition of pretrial or posttrial release
under § 5–213.1 of this article;
D. possession of an electronic control device after conviction
of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article;
E. violation of an out–of–state domestic violence order under
§ 4–508.1 of the Family Law Article; or
Ch. 26 2022 LAWS OF MARYLAND
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F. abuse or neglect of an animal under § 10–604 of the
Criminal Law Article; or
3. possession of [marijuana] CANNABIS under § 5–601 of the
Criminal Law Article.
(ii) Subject to paragraph (2) of this subsection, in addition to any
other law allowing a crime to be charged by citation, a police officer may charge by citation
for:
1. sale of an alcoholic beverage to an underage drinker or
intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages
Article;
2. malicious destruction of property under § 6–301 of the
Criminal Law Article, if the amount of damage to the property is less than $500;
3. misdemeanor theft under § 7–104(g)(2) of the Criminal
Law Article; [or]
4. possession of a controlled dangerous substance other than
[marijuana] CANNABIS under § 5–601 of the Criminal Law Article;
5. POSSESSION WITH INTE NT TO DISTRIBUTE CANNABIS
UNDER § 5–602(B)(1) OF THE CRIMINAL LAW ARTICLE; OR
6. GROWING OR MANUFACTU RING CANNABIS OR A
CANNABIS PRODUCT UND ER § 5–603(B) OF THE CRIMINAL LAW ARTICLE.
(2) A police officer may charge a defendant by citation only if:
(i) the officer is satisfied with the defendant’s evidence of identity;
(ii) the officer reasonably believes that the defendant will comply
with the citation;
(iii) the officer reasonably believes that the failure to charge on a
statement of charges will not pose a threat to public safety;
(iv) the defendant is not subject to arrest:
1. for an alleged misdemeanor involving serious injury or
immediate health risk or an alleged felony arising out of the same incident; or
2. based on an outstanding arrest warrant; and LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 31 –
(v) the defendant complies with all lawful orders by the officer.
(3) A police officer who has grounds to make a warrantless arrest for an
offense that may be charged by citation under this subsection may:
(i) issue a citation in lieu of making the arrest; or
(ii) make the arrest and subsequently issue a citation in lieu of
continued custody.
10–101.
(a) In this subtitle the following words have the meanings indicated.
(d) “Expunge” means to remove information from public inspection in accordance
with this subtitle.
(e) [“Expungement”] EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE,
“EXPUNGEMENT ” with respect to a court record or a police record means removal from
public inspection:
(1) by obliteration;
(2) by removal to a separate secure area to which persons who do not have
a legitimate reason for access are denied access; or
(3) if access to a court record or police record can be obtained only by
reference to another court record or police record, by the expungement of it or the part of it
that provides access.
10–105.
(a) A person who has been charged with the commission of a crime, including a
violation of the Transportation Article for which a term of imprisonment may be imposed,
or who has been charged with a civil offense or infraction, except a juvenile offense, may
file a petition listing relevant facts for expungement of a police record, court record, or other
record maintained by the State or a political subdivision of the State if:
(12) the person was convicted of possession of [marijuana] CANNABIS under
§ 5–601 of the Criminal Law Article; or
(c) (8) A petition for expungement based on the conviction of a crime under
subsection (a)(12) of this section may not be filed [within 4 years after the conviction or]
BEFORE satisfactory completion of the sentence, including probation, that was imposed for
the conviction[, whichever is later]. Ch. 26 2022 LAWS OF MARYLAND
– 32 –
10–105.3.
(A) A PERSON INCARCERATED AFTER HAVING BEEN CO NVICTED OF
POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE MAY
PRESENT AN APPLICATI ON FOR RESENTENCING TO THE COURT THAT SE NTENCED
THE PERSON.
(B) THE COURT SHALL GRANT THE APPLICATION AND RESENTENCE THE
PERSON TO TIME SERVE D.
(C) IF THE PERSON IS NOT SERVING A CONCURRENT OR CONSECUTIVE
SENTENCE FOR ANOTHER CRIME, THE PERSON SHALL BE RELEASED FROM
INCARCERATION .
10–107.
(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic
violation OR POSSESSION OF CAN NABIS UNDER § 5–601 OF THE CRIMINAL LAW
ARTICLE, arise from the same incident, transaction, or set of facts, they are considered to
be a unit.
(2) A charge for a minor traffic violation OR POSSESSION OF CAN NABIS
UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE that arises from the same incident,
transaction, or set of facts as a charge in the unit is not a part of the unit.
(b) (1) If a person is not entitled to expungement of one charge or conviction in
a unit, the person is not entitled to expungement of any other charge or conviction in the
unit.
(2) The disposition of a charge for a minor traffic violation that arises from
the same incident, transaction, or set of facts as a charge in the unit does not affect any
right to expungement of a charge or conviction in the unit.
10–110.
(a) A person may file a petition listing relevant facts for expungement of a police
record, court record, or other record maintained by the State or a political subdivision of
the State if the person is convicted of:
(1) a misdemeanor that is a violation of:
(i) § 6–320 of the Alcoholic Beverages Article;
LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 33 –
(ii) an offense listed in § 17–613(a) of the Business Occupations and
Professions Article;
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of
the Business Regulation Article;
(iv) § 3–1508 or § 10–402 of the Courts Article;
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law
Article;
(vi) § 5–211 of this article;
(vii) § 3–203 or § 3–808 of the Criminal Law Article;
(viii) § 5–601 not involving the use or possession of [marijuana]
CANNABIS, § 5–602(B) 5–602(B)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or §
5–902 of the Criminal Law Article;
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, §
6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article;
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the
Criminal Law Article;
(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, §
8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article;
(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article;
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the
Criminal Law Article;
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article;
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, §
12–204, § 12–205, or § 12–302 of the Criminal Law Article;
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article;
(xvii) § 4–509 of the Family Law Article;
(xviii) § 18–215 of the Health – General Article;
(xix) § 4–411 or § 4–2005 of the Housing and Community Development
Article; Ch. 26 2022 LAWS OF MARYLAND
– 34 –
(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, §
27–407.1, or § 27–407.2 of the Insurance Article;
(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, §
8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed
limits for personal watercraft;
(xxii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public
Safety Article;
(xxiii) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article;
(xxiv) § 9–124 of the State Government Article;
(xxv) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax –
General Article;
(xxvi) § 16–303 of the Transportation Article; or
(xxvii) the common law offenses of affray, rioting, criminal contempt,
battery, or hindering;
(2) a felony that is a violation of:
(i) § 7–104 of the Criminal Law Article;
(ii) the prohibition against possession with intent to distribute a
controlled dangerous substance under [§ 5–602(2)] § 5–602 of the Criminal Law Article; or
(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or
(3) an attempt, a conspiracy, or a solicitation of any offense listed in item
(1) or (2) of this subsection.
(c) (1) Except as provided in paragraphs (2) [and], (3), AND (4) of this
subsection, a petition for expungement under this section may not be filed earlier than 10
years after the person satisfies the sentence or sentences imposed for all convictions for
which expungement is requested, including parole, probation, or mandatory supervision.
(2) A petition for expungement for a violation of § 3–203 of the Criminal
Law Article, common law battery, or for an offense classified as a domestically related crime
under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies
the sentence or sentences imposed for all convictions for which expungement is requested,
including parole, probation, or mandatory supervision.
LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 35 –
(3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
SUBSECTION, A petition for expungement of a felony may not be filed earlier than 15 years
after the person satisfies the sentence or sentences imposed for all convictions for which
expungement is requested, including parole, probation, or mandatory supervision.
(4) A PETITION FOR EXPUNGE MENT OF A CONVICTION OF
POSSESSION WITH INTE NT TO DISTRIBUTE CAN NABIS UNDER § 5–602 OF THE
CRIMINAL LAW ARTICLE MAY NOT BE FI LED EARLIER THAN 4 3 YEARS AFTER THE
PERSON SATISFIES THE SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS
FOR WHICH EXPUNGEMENT IS REQUESTED , INCLUDING PAROLE , PROBATION, OR
MANDATORY SUPERVISIO N.
10–111.
The Maryland Judiciary Case Search may not in any way refer to the existence of a
[District Court] criminal case in which:
(1) possession of [marijuana] CANNABIS under § 5–601 of the Criminal
Law Article is the only charge in the case; and
(2) the charge was disposed of before [October 1, 2014] JULY 1, 2023.
10–112.
(A) IN THIS SECTION, “EXPUNGE” MEANS TO REMOVE ALL REFERENCES TO
A SPECIFIED CRIMINAL CASE FROM T HE CENTRAL REPOSITORY.
(B) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONAL SERVICES SHALL EXPUNG E ALL CASES IN WHICH :
(1) POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW
ARTICLE IS THE ONLY C HARGE IN THE CASE; AND
(2) THE CHARGE WAS ISSUE D BEFORE JULY 1, 2023.
Article – Health – General
SUBTITLE 45. CANNABIS PUBLIC HEALTH ADVISORY COUNCIL.
13–4501.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
Ch. 26 2022 LAWS OF MARYLAND
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(B) “ADVISORY COUNCIL” MEANS THE CANNABIS PUBLIC HEALTH
ADVISORY COUNCIL.
(C) “FUND” MEANS THE CANNABIS PUBLIC HEALTH FUND.
13–4502.
(A) THERE IS A CANNABIS PUBLIC HEALTH ADVISORY COUNCIL.
(B) THE ADVISORY COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS :
(1) ONE MEMBER FROM THE SENATE OF MARYLAND, APPOINTED BY
THE PRESIDENT OF THE SENATE;
(2) ONE MEMBER FROM THE HOUSE OF DELEGATES, APPOINTED BY
THE SPEAKER OF THE HOUSE;
(1) (3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(2) (4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR
THE DEPUTY SECRETARY’S DESIGNEE;
(3) (5) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S
DESIGNEE;
(4) (6) THE EXECUTIVE DIRECTO R OF THE NATALIE M. LAPRADE
MEDICAL CANNABIS COMMISSION, OR THE EXECUTIVE DIR ECTOR’S DESIGNEE;
(5) (7) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE STATE
SUPERINTENDENT ’S DESIGNEE; AND
(6) (8) THE FOLLOWING MEMBERS APPOINTED BY THE
GOVERNOR:
(I) ONE REPRESENTATIVE FR OM THE GOVERNOR’S OFFICE OF
CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;
(II) ONE REPRESENTATIVE FROM A HISTORICALLY BLACK
COLLEGE OR UNIVERSIT Y;
(III) ONE HEALTH CARE PROVI DER WITH EXPERIENCE IN
CANNABIS;
(IV) ONE PHARMACIST LICENS ED IN THE STATE; LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 37 –
(V) ONE HEALTH CARE PROVI DER WITH EXPERTISE I N
SUBSTANCE USE DISORD ER TREATM ENT AND RECOVERY ;
(VI) ONE INDIVIDUAL WITH E XPERTISE IN CANNABIS USE
DISORDER;
(VII) ONE ACADEMIC RESEARCH ER WITH EXPERTISE IN
CANNABIS LAW AND POL ICY;
(VIII) ONE INDIVIDUAL WITH A T LEAST 5 YEARS OF EXPERIENCE
IN HEALTH OR SOCIAL EQUITY;
(IX) ONE PUBLIC HEALTH PRO FESSIONAL WITH CANNA BIS
EXPERIENCE; AND
(X) ONE REPRESENTATIVE OF A LABORATORY THAT TE STS
CANNABIS.
(C) (1) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL
AND STATE LAW, THE MEMBERSHIP OF TH E ADVISORY COUNCIL SHALL RE FLECT
THE GENDER, ETHNIC, AND RACIAL DIVERSITY OF THE STATE.
(2) THE MEMBERSHIP OF THE ADVISORY COUNCIL SHALL INCLUDE
RESIDENTS OF RURAL A ND URBAN REGIONS OF THE STATE.
(D) A MEMBER OF THE ADVISORY COUNCIL SHALL FILE A FINANCIAL
DISCLOSURE STATEMENT WITH THE STATE ETHICS COMMISSION IN ACCORDA NCE
WITH TITLE 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE.
(E) (1) THE TERM OF AN APPOIN TED MEMBER IS 4 YEARS.
(2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS
REQUIRED BY THE TERM S PROVIDED FOR TH E APPOINTED MEMBERS OF THE
ADVISORY COUNCIL ON JANUARY 1, 2023.
(3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO
SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES.
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND
QUALIFIES.
Ch. 26 2022 LAWS OF MARYLAND
– 38 –
(5) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN TWO
CONSECUTIVE FULL TER MS.
13–4503.
(A) THE CHAIR OF THE ADVISORY COUNCIL SHALL BE ELEC TED BY THE
MEMBERS OF THE ADVISORY COUNCIL.
(B) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE ADVISORY
COUNCIL IS A QUORUM .
(C) THE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR TIMES EAC H
YEAR, AT THE TIMES AND PLA CES THAT THE ADVISORY COUNCIL DETERMINES .
(D) THE ADVISORY COUNCIL MAY FORM WORK GROUPS TO ASSIST IN THE
WORK OF THE ADVISORY COUNCIL.
(E) A MEMBER OF THE ADVISORY COUNCIL:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
ADVISORY COUNCIL; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATION S, AS PROVIDED IN THE STATE BUDGET .
(F) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT AN D TECHNICAL
ASSISTANCE FOR THE ADVISORY COUNCIL.
13–4504.
(A) THE ADVISORY COUNCIL SHALL STUDY A ND MAKE RECOMMENDATI ONS
REGARDING:
(1) THE PROMOTION OF PUBL IC HEALTH AND MITIGATIO N OF YOUTH
USE OF, MISUSE OF, AND ADDICTION TO CAN NABIS;
(2) DATA COLLECTION AND R EPORTING OF DATA THA T MEASURES
THE IMPACT OF CANNAB IS CONSUMPTION AND L EGALIZATION;
(3) THE IMPACT OF CANNABI S LEGALIZATION ON TH E EDUCATION ,
BEHAVIORAL HEALTH , AND SOMATIC HEALTH O F INDIVIDUALS UNDER THE AGE OF
21 YEARS;
LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 39 –
(4) INITIATIVES TO PREVEN T CANNABIS USE BY IN DIVIDUALS UNDER
THE AGE OF 21 YEARS, INCLUDING EDUCATIONA L PROGRAMS FOR USE I N SCHOOLS;
(5) PUBLIC HEALTH CAMPAIG NS ON CANNABIS ;
(6) ADVERTISING, LABELING, PRODUCT TESTING , AND QUALITY
CONTROL REQUIREMENTS ;
(7) TRAINING FOR HEALTH C ARE PROVIDERS RELATE D TO CANNABIS
USE; AND
(8) BEST PRACTICES REGARD ING REQUIREMENTS TO REDUCE THE
APPEAL OF CANNABIS T O MINORS , INCLUDING ADVERTISING, POTENCY,
PACKAGING, AND LABELING STANDAR DS; AND
(8) (9) ANY OTHER ISSUES THAT ADVANCE PUBLIC HEALT H
RELATED TO CANNABIS USE AND LEGALIZATION .
(B) TO THE EXTENT PRACTIC ABLE, THE ADVISORY COUNCIL SHALL
CONSIDER ANY DATA CO LLECTED BY THE STATE RELATED TO CANNAB IS USE WHEN
MAKING RECOMMENDATIO NS, INCLUDING DATA COLLE CTED UNDER § 13–4401 OF
THIS TITLE.
13–4505.
(A) THERE IS A CANNABIS PUBLIC HEALTH FUND.
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO ADDRESS THE
HEALTH EFFECTS ASSOC IATED WITH THE LEGALI ZATION OF ADULT –USE CANNABIS.
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND.
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(E) THE FUND CONSISTS OF :
(1) REVENUE DISTRIBUTED T O THE FUND BASED ON REVENUE S
FROM ADULT –USE CANNABIS;
Ch. 26 2022 LAWS OF MARYLAND
– 40 –
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
AND
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(F) THE FUND MAY BE USED ONLY FOR:
(1) SUPPORTING THE ADVISORY COUNCIL IN PERFORMING ITS
DUTIES;
(2) SUPPORTING DATA COLLE CTION AND RESEARCH O N THE
EFFECTS OF CANNABIS LEGALIZATION IN THE STATE;
(3) PROVIDING FUNDING FOR EDUCATION AND PUBLIC AWARENESS
CAMPAIGNS RELATED TO CANNABIS USE, INCLUDING FUNDING FO R EDUCATIONAL
PROGRAMS TO BE USED IN SCHOOLS;
(4) SUPPORTING SUBSTANCE USE DISORDER COUNSEL ING AND
TREATMENT FOR IN DIVIDUALS; AND
(5) TRAINING AND EQUIPMENT FOR LAW ENFORCEMENT TO
RECOGNIZE IMPAIRMENT S DUE TO CANNABIS ; AND
(6) PURCHASING TECHNOLOGY PROVEN TO BE EFFECTI VE AT
MEASURING CANNABIS L EVELS IN DRIVERS.
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
THE FUND.
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET .
13–4506.
ON OR BEFORE DECEMBER 1 EACH YEAR, THE ADVISORY COUNCIL SHALL
REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND , IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
ASSEMBLY.
24–501. LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 41 –
(a) In this subtitle the following words have the meanings indicated.
(B) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY PART OF
THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , ISOMERS,
ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH A
DELTA–9–TETRAHYDR OCANNABINOL CONCENTR ATION GREATER THAN 0.3% ON A
DRY WEIGHT BASIS HAS THE MEANING STAT ED IN § 5–101 OF THE CRIMINAL LAW
ARTICLE.
[(b)] (C) “Employee” has the meaning stated in § 5–101 of the Labor and
Employment Article.
[(c)] (D) “Employer” has the meaning stated in § 5–101 of the Labor and
Employment Article.
[(d)] (E) “Environmental [tobacco] smoke” means the complex mixture formed
from the escaping smoke of a burning tobacco, CANNABIS, OR HEMP product or smoke
exhaled by the smoker.
[(e)] (F) “Indoor area open to the public” means:
(1) An indoor area or a portion of an indoor area accessible to the public by
either invitation or permission; or
(2) An indoor area of any establishment licensed or permitted under the
Alcoholic Beverages Article for the sale or possession of alcoholic beverages.
[(f)] (G) “Place of employment” has the meaning stated in § 5–101 of the Labor
and Employment Article.
[(g)] (H) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any
other matter or substance [that contains tobacco] CONTAINING, WHOLLY OR IN PART ,
TOBACCO, CANNABIS, OR HEMP.
24–502.
It is the intent of the General Assembly that the State protect the public and
employees from involuntary exposure to environmental [tobacco] smoke in indoor areas
open to the public, indoor places of employment, and certain designated private areas.
24–503.
Ch. 26 2022 LAWS OF MARYLAND
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The purpose of this subtitle is to preserve and improve the health, comfort, and
environment of the people of the State by limiting exposure to environmental [tobacco]
smoke.
24–504.
Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a
person may not smoke in:
(1) An indoor area open to the public;
(2) An indoor place in which meetings are open to the public in accordance
with Title 3 of the General Provisions Article;
(3) A government–owned or government–operated means of mass
transportation including buses, vans, trains, taxicabs, and limousines; or
(4) An indoor place of employment.
24–505.
This subtitle does not apply to:
(1) Private homes, residences, including residences used as a business or
place of employment, unless being used by a person who is licensed or registered under
Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles,
unless being used for the public transportation of children, or as part of health care or child
care transportation;
(2) A hotel or motel room rented to one or more guests as long as the total
percent of hotel or motel rooms being so used does not exceed 25%;
(3) A retail tobacco business that is a sole proprietorship, limited liability
company, corporation, partnership, or other enterprise, in which:
(i) The primary activity is the retail sale of tobacco products and
accessories; and
(ii) The sale of other products is incidental;
(4) Any facility of a manufacturer, importer, wholesaler, or distributor of
tobacco products or of any tobacco leaf dealer or processor in which employees of the
manufacturer, importer, wholesaler, distributor, or processor work or congregate; or
(5) A research or educational laboratory for the purpose of conducting
scientific research into the health effects of tobacco smoke. LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 43 –
24–507.
(a) The Department shall adopt regulations that prohibit environmental
[tobacco] smoke in indoor areas open to the public.
(b) On or before September 30 of each year, the Department shall report, in
accordance with § 2–1257 of the State Government Article, to the General Assembly on:
(1) The enforcement efforts of the Department to eliminate environmental
[tobacco] smoke in indoor areas open to the public during the prior year; and
(2) The results of these enforcement efforts.
24–508.
(a) Subject to subsection (c) of this section and except as provided in subsection
(d) of this section, a person who violates a provision of this subtitle or a regulation adopted
under § 24–507(a) of this subtitle:
(1) For a first violation, shall be issued a written reprimand by the
Secretary or the Secretary’s designee;
(2) For a second violation, is subject to a civil penalty of $100; and
(3) For each subsequent violation, is subject to a civil penalty not less than
$250.
(b) The Secretary may waive a penalty established under subsection (a) of this
section, giving consideration to factors that include:
(1) The seriousness of the violation; and
(2) Any demonstrated good faith measures to comply with the provisions of
this subtitle.
(c) (1) This subsection does not apply to an alleged violation of subsection (d)
of this section.
(2) It is an affirmative defense to a complaint brought against a person for
a violation of a provision of this subtitle or a regulation adopted under this subtitle that the
person or an employee of the person:
(i) Posted a “No Smoking” sign as required under § 24–506 of this
subtitle;
Ch. 26 2022 LAWS OF MARYLAND
– 44 –
(ii) Removed all ashtrays and other smoking paraphernalia from all
areas where smoking is prohibited; and
(iii) If the violation occurred in a bar, tavern, or restaurant:
1. Refused to seat or serve any individual who was smoking
in a prohibited area; and
2. If the individual continued to smoke after an initial
warning, asked the individual to leave the establishment.
(d) An employer who discharges or discriminates against an employee because
that employee has made a complaint, has given information to the Department in
accordance with this subtitle, has caused to be instituted or is about to cause to be instituted
a proceeding under this subtitle, or has testified or is about to testify in a proceeding under
this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil
penalty of at least $2,000 but not more than $10,000 for each violation.
(e) (1) An employee may not:
(i) Make a groundless or malicious complaint under this subtitle to
the Secretary or an authorized representative of the Secretary;
(ii) In bad faith, bring an action under this subtitle; or
(iii) In bad faith, testify in an action under this subtitle or a
proceeding that relates to the subject of this subtitle.
(2) The Secretary may bring an action for injunctive relief and damages
against a person who violates the provisions of paragraph (1) of this subsection.
(f) A penalty collected by the Secretary under this section shall be paid to the
Cigarette Restitution Fund established under § 7–317 of the State Finance and
Procurement Article.
24–510.
Nothing in this subtitle shall be construed to preempt a county or municipal
government from enacting and enforcing more stringent measures to reduce involuntary
exposure to environmental [tobacco] smoke.
SECTION 6. AND BE IT FURTHER ENACTED, That the La ws of Maryland read
as follows:
Article – Criminal Law
LAWRENCE J. HOGAN, JR., Governor Ch. 26
– 45 –
5–101.
(a) In this title the following words have the meanings indicated.
(e–2) “Civil use amount” means:
(1) an amount of usable cannabis that exceeds 1.5 ounces but does not
exceed 2.5 ounces;
(2) an amount of concentrated cannabis that exceeds 12 grams but does not
exceed 20 grams; OR
(3) an amount of cannabis products containing
delta–9–tetrahydrocannabinol that exceeds 750 milligrams but does not exceed 1,250
milligrams[; or
(4) two or fewer cannabis plants].
(u) “Personal use amount” means:
(1) an amount of usable cannabis that does not exceed 1.5 ounces;
(2) an amount of concentrated cannabis that does not exceed 12 grams; OR
(3) an amount of cannabis products containing
delta–9–tetrahydrocannabinol that does not exceed 750 milligrams[; or
(4) two or fewer cannabis plants].
[5–601.2.
(a) A person may not cultivate cannabis plants in a manner that is contrary to
this section.
(b) Cannabis plants may not be cultivated in a location where the plants are
subject to public view, including a view from another private property, without the use of
binoculars, aircraft, or other optical aids.
(c) (1) In this subsection, “reasonable precautions” includes cultivating
cannabis in an enclosed locked space to which persons under the age of 21 years do not
possess a key.
(2) A person who cultivates cannabis shall take reasonable precautions to
ensure the plants are secure from unauthorized access and access by a person under the
age of 21 years.
Ch. 26 2022 LAWS OF MARYLAND
– 46 –
(d) Cannabis cultivation may occur only on property lawfully in possession of the
cultivator or with the consent of the person in lawful possession of the property.
(e) A person under the age of 21 years may not cultivate cannabis plants.
(f) (1) A person may not cultivate more than two cannabis plants.
(2) If two or more persons at least 21 years old reside at the same residence,
no more than two cannabis plants may be cultivated at that residence.
(g) A person who violates this section is guilty of a misdemeanor and on conviction
is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.]
Article – Criminal Law
10–123.
(a) In this part the following words have the meanings indicated.
(b) “Alcoholic beverage” has the meaning stated in § 21–903 of the Transportation
Article.
(c) “Bus” has the meaning stated in § 11–105 of the Transportation Article.
(D) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THIS ARTICLE.
[(d)] (E) “Highway” has the meaning stated in § 11–127 of the Transportation
Article.
[(e)] (F) “Limousine” has the meaning stated in § 11–129.1 of the Transportation
Article.
[(f)] (G) “Motor home” has the meaning stated in § 11 –134.3 of the
Transportation Article.
[(g)] (H) (1) “Motor vehicle” means a vehicle that:
(i) is self–propelled or propelled by electric power obtained from
overhead electrical wires; and
(ii) is not operated on rails.
(2) “Motor vehicle” includes:
(i) a low speed vehicle, as defined in § 11–130.1 of the Transportation
Article; LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(ii) a moped, as defined in § 11–134.1 of the Transportation Article;
and
(iii) a motor scooter, as defined in § 11–134.5 of the Transportation
Article.
[(h)] (I) “Moving violation” has the meaning stated in § 11–136.1 of the
Transportation Article.
[(i)] (J) “Open container” means a bottle, can, or other receptacle:
(1) that is open;
(2) that has a broken seal; or
(3) from which the contents are partially removed.
[(j)] (K) “Passenger area” has the meaning stated in § 21 –903 of the
Transportation Article.
[(k)] (L) “Taxicab” has the meaning stated in § 11–165 of the Transportation
Article.
10–125.
(a) (1) Except as otherwise provided in subsection (c) of this section, an
occupant of a motor vehicle may not possess an open container that contains any amount of
an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(2) A driver of a motor vehicle may not be subject to prosecution for a
violation of this subsection based solely on possession of an open container that contains any
amount of an alcoholic beverage by another occupant of the motor vehicle.
(b) (1) This subsection does not apply to the driver of a motor vehicle.
(2) Except as otherwise provided in subsection (c) of this section, an
occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of a
motor vehicle on a highway.
(3) AN OCCUPANT OF A MOTO R VEHICLE MAY NOT SM OKE CANNABIS
IN A PASSENGER AREA OF A MOTOR VEHICLE ON A H IGHWAY.
(c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who is
not the driver, in:
Ch. 26 2022 LAWS OF MARYLAND
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(1) a motor vehicle designed, maintained, and used primarily for the
transportation of a person for compensation, including:
(i) a bus;
(ii) a taxicab; or
(iii) a limousine; or
(2) the living quarters of a motor home, motor coach, or recreational vehicle.
(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages
Article, or any other provision of law, the prohibitions contained in this section apply
throughout the State.
(e) A violation of this section is not:
(1) a moving violation for the purposes of § 16–402 of the Transportation
Article; or
(2) a traffic violation for the purposes of the Maryland Vehicle Law.
Article – Health – General
SUBTITLE 46. COMMUNITY REINVESTMENT AND REPAIR FUND.
13–4601.
(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND.
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO
COMMUNITY –BASED ORGANIZATIONS THAT SERVE COMMUNITI ES DETERMINED BY
THE OFFICE OF THE ATTORNEY GENERAL TO HAVE BEEN THE MOST IMPACTED BY
DISPROPORTIONATE ENF ORCEMENT OF THE CANN ABIS PROHIBITION BEF ORE JULY
1, 2022.
(3) THE COMPTROLLER SHALL ADM INISTER THE FUND.
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(II) THE STATE TREASURER SHALL HOLD THE FUND
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(5) THE FUND CONSISTS OF : LAWRENCE J. HOGAN, JR., Governor Ch. 26
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(I) REVENUE DISTRIBUTED T O THE FUND THAT IS AT LEAST
30% OF THE REVENUES FROM ADULT–USE CANNABIS;
(II) LICENSING FEES PAID B Y DUAL–LICENSED CANNABIS
ESTABLISHMENTS ; AND
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D
BY THE COMPTROLLER FOR THE A CCEPTANCE OF DONATIO NS OR GIFTS TO THE
FUND.
(6) (I) THE FUND MAY BE USED ONLY FOR:
1. FUNDING COMMUN ITY–BASED INITIATIVES
INTENDED TO BENEFIT LOW–INCOME COMMUNITIES ;
2. FUNDING COMMUNITY –BASED INITIATIVES TH AT
SERVE COMMUNITIES DI SPROPORTIONATELY HAR MED BY THE CANNABIS
PROHIBITION AND ENFO RCEMENT; AND
3. ANY RELATED ADMINISTR ATIVE EXPENSES .
(II) MONEY MAY NOT BE EXPE NDED FROM THE FUND FOR LAW
ENFORCEMENT AGENCIES OR ACTIVITIES.
(III) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO
AND MAY NOT SUPPLANT FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR
PREEXISTING LOCAL GO VERNMENT PROGRAMS .
(7) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO:
(I) THE GENERAL FUND OF THE STATE; OR
(II) ANY OTHER SPECIAL FUN D OF THE STATE.
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND.
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE.
Ch. 26 2022 LAWS OF MARYLAND
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(B) (1) THE COMPTROLLER SHALL DIS TRIBUTE FUNDS FROM THE FUND
TO EACH COUNTY IN AN AMOUNT THAT , FOR THE PERIOD FROM JULY 1, 2002, TO
JUNE 30, 2022, BOTH INCLUSIVE , IS PROPORTIONATE TO THE TOTAL NUMBER OF
MARIJUANA ARRESTS IN THE COUNTY COMPARED TO THE TOTAL NUMBER OF
MARIJUANA ARRESTS IN THE STATE.
(2) (I) SUBJECT TO THE LIMITA TIONS UNDER SUBSECTI ON (A)(6)
OF THIS SECTION, EACH COUNTY SHALL AD OPT A LAW ESTABLISHI NG THE PURPOSE
FOR WHICH MONEY RECE IVED FROM THE FUND MAY BE USED .
(II) ON OR BEFORE DECEMBER 1 EVERY 2 YEARS, BEGINNING IN
2024, EACH LOCAL JURISDICTION SHALL S UBMIT A REPORT TO TH E GOVERNOR AND ,
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE
BUDGET AND TAXATION COMMITTEE, THE SENATE FINANCE COMMITTEE, THE
HOUSE JUDICIARY COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT
OPERATIONS COMMITTEE ON HOW FUND S RECEIVED FROM THE FUND WERE SPENT
DURING THE IMMEDIATE LY PRECEDING 2 FISCAL YEARS.
Article – Transportation
21–903.
(a) (1) In this section the following words have the meanings indicated.
(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented
liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for
beverage purposes.
(3) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THE
CRIMINAL LAW ARTICLE.
[(3)] (4) (i) “Passenger area” means an area that:
1. Is designed to seat the driver and any passenger of a motor
vehicle while the motor vehicle is in operation; or
2. Is readily accessible to the driver or a passenger of a motor
vehicle while in their seating positions.
(ii) “Passenger area” does not include:
1. A locked glove compartment;
2. The trunk of a motor vehicle; or
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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3. If a motor vehicle is not equipped with a trunk, the area
behind the rearmost upright seat or an area that is not normally occupied by the driver or a
passenger of the motor vehicle.
(b) This section applies to a motor vehicle that is driven, stopped, standing, or
otherwise located on a highway.
(c) A driver of a motor vehicle may not consume an alcoholic beverage, OR SMOKE
OR CONSUME CANNABIS , in a passenger area of a motor vehicle on a highway.
(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages
Article, or any other provision of law, the prohibition contained in this section applies
throughout the State.
SECTION 6. 7. AND BE IT FURTHER ENACTED, That the terms of the initial
appointed members of the Cannabis Public Health Advisory Council shall expire as follows:
(1) three members in 2025;
(2) three members in 2026; and
(3) four members in 2027.
SECTION 8. AND BE IT FURTHER ENACTED, That, if the voters ratify Chapter
___ (H.B. 1) of the Acts of the General Assembly of 2022, legalizing cannabis in the State, it
is the intent of the General Assembly that:
(1) the Office of the Executive Director of the Alcohol and Tobacco
Commission shall be the successor of the Natalie M. LaPrade Medical Cannabis
Commission in matters concerning the regulation of medical cannabis;
(2) the transfer of personnel from the Natalie M. LaPrade Medical Cannabis
Commission to the Office of the Executive Director of the Alcohol and Tobacco Commission
shall be studied jointly by the Commissions; and
(3) on or before January 1, 2023, the Commissions shall make a
recommendation to the General Assembly, in accordance with § 2–1257 of the State
Government Article, on how to transfer personnel in a manner that:
(i) will minimize the costs of the transfer and result in a more
cost–efficient operation for the regulation of cannabis for the protection of the public health,
safety, and welfare of the State;
(ii) does not result in any diminution of pay, working conditions,
benefits, rights, or status; and
Ch. 26 2022 LAWS OF MARYLAND
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(iii) allows personnel to retain any merit system and retirement status
they may have on the date of transfer.
SECTION 7. 8. 9. AND BE IT FURTHER ENACTED, That:
(a) The certification agency designated by the Board of Public Works under §
14–303(b) of the State Finance and Procurement Article, in consultation with the
Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly,
and the Office of the Attorney General, shall review the Business Disparities in the
Maryland Market Area study completed on February 8, 2017, the Analysis of the Maryland
Medical Cannabis Industry report completed on December 8, 2017, and the analysis of the
industry report completed on January 17, 2018, to evaluate whether the data and analyses
in the study and reports are sufficient to determine whether the enactment of remedial
measures to assist minorities and women in the adult–use cannabis industry and market
would comply with the requirements of City of Richmond v. J. A. Croson Co., 488 U.S. 469,
and any subsequent federal or constitutional requirements.
(b) (1) If a determination is made that the data and analyses in the study and
reports reviewed under subsection (a) of this section are sufficient to determine whether
the enactment of remedial measures to assist minorities and women in the adult–use
cannabis industry and market would comply with the requirements of the Croson decision
and any subsequent federal or constitutional requirements, the certification agency shall
submit the findings of the review to the Legislative Policy Committee, in accordance with
§ 2–1257 of the State Government Article, on or before July 1, 2022, so that the General
Assembly may review the findings before the 2023 legislative session.
(2) (i) If a determination is made that the data and analyses in the
study and reports reviewed under subsection (a) of this section are insufficient to determine
whether the enactment of remedial measures to assist minorities and women in the
adult–use cannabis industry and market would comply with the requirements of the Croson
decision and any subsequent federal or constitutional requirements, the certification
agency and the Department of Legislative Services, in consultation with the Governor’s
Office of Small, Minority, and Women Business Affairs, the General Assembly, and the
Office of the Attorney General, shall initiate a study of the cannabis industry to evaluate
whether the enactment of remedial measures to assist minorities and women in the
adult–use cannabis industry and market would comply with the requirements of the Croson
decision and any subsequent federal or constitutional requirements.
(ii) The certification agency shall submit the findings of the study
initiated in accordance with subparagraph (i) of this paragraph to the Legislative Policy
Committee, in accordance with § 2–1257 of the State Government Article, on or before
November 1, 2022, so that the General Assembly may review the findings before the 2023
legislative session.
(c) (1) The Natalie M. LaPrade Medical Cannabis Commission shall require
licensed growers, processors, and dispensaries and preapproved applicants for licensure LAWRENCE J. HOGAN, JR., Governor Ch. 26
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under Title 13, Subtitle 33 of the Health – General Article to provide to the Commission
any information determined to be necessary to continue to assess the need for remedial
measures in the cannabis industry and market that may include the following data broken
down by State fiscal year for the period beginning July 1, 2016, and ending June 30, 2022:
(i) a list of the licensee’s or applicant’s expenditures for each State
fiscal year; and
(ii) for each expenditure, a description of the work performed, the
dollar value of the expenditure, whether the work was performed by the licensee or a
contractor or subcontractor, and, if performed by a contractor or subcontractor, the name
of the entity that performed the work.
(2) Each licensed grower, processor, and dispensary and preapproved
applicant for licensure under Title 13, Subtitle 33 of the Health – General Article shall
provide the data requested under paragraph (1) of this subsection to the Commission on or
before July 1, 2022.
(3) The Commission shall provide the data collected under paragraph (1)
of this subsection to the certification agency on or before July 15, 2022.
(4) All data provided by each licensed grower, processor, and dispensary
and preapproved applicant for licensure under Title 13, Subtitle 33 of the Health – General
Article under this subsection:
(i) shall constitute confidential commercial information and
confidential financial information and be treated as confidential by the Commission and
the State; and
(ii) may be used only for purposes authorized under this section and
be disclosed to the public only in an anonymized or aggregated format.
(d) The Governor’s Office of Small, Minority, and Women Business Affairs, in
consultation with the certification agency and the Office of the Attorney General, shall
develop race– and gender–neutral approaches to address the needs of minority and women
applicants and minority– and women–owned businesses seeking to participate in the
adult–use cannabis industry and submit a report of its findings to the Legislative Policy
Committee, in accordance with § 2–1257 of the State Government Article, on or before
October 15, 2022, so that the General Assembly may review, consider, and adopt race– and
gender–neutral alternatives in any legislation adopted concerning the adult–use cannabis
industry.
SECTION 8. 9. 10. AND BE IT FURTHER ENACTED, That:
(a) The Natalie M. LaPrade Medical Cannabis Commission shall study and make
recommendations on: Ch. 26 2022 LAWS OF MARYLAND
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(1) a home grow program to authorize qualifying patients to grow cannabis
plants for personal use, including best practices implemented in other states;
(2) the establishment of on–site cannabis consumption facilities; and
(3) methods to reduce the use of cannabis by minors, including best
practices regarding requirements related to advertising, potency, packaging, labeling, and
other methods to reduce the appeal of cannabis to minors.
(b) The study required under subsection (a) of this section shall identify methods
adopted by the Natalie M. LaPrade Medical Cannabis Commission through regulations as
well as best practices implemented in other states.
(b) (c) On or before November 1, 2022, the Natalie M. LaPrade Medical Cannabis
Commission shall report its findings and recommendations for the program to the Governor
and, in accordance with § 2–1257 of the State Government Article, the Senate Finance
Committee, the Senate Judicial Proceedings Committee, the House Judiciary Committee,
and the House Health and Government Operations Committee.
SECTION 11. AND BE IT FURTHER ENACTED, That the State may not issue
applications for new licenses to an adult–use cannabis cultivator, processor, retailer, or any
other adult–use cannabis establishment until the report required under Section 9 of this Act
is received and reviewed by the Legislative Policy Committee.
SECTION 12. AND BE IT FU RTHER ENACTED, That, on or before December 1,
2022, the Attorney General shall, in accordance with § 2–1257 of the State Government
Article, provide to the General Assembly a formal opinion regarding the impact of cannabis
legalization on the authority of police officers to conduct searches of individuals and vehicles
based on detection of the odor of burnt or unburnt cannabis, including in cases involving
suspicion of possession with intent to distribute cannabis, growing or manufacturing
cannabis or cannabis products, or driving under the influence of cannabis.
SECTION 9. 10. 13. AND BE IT FURTHER ENACTED, That the publishers of the
Annotated Code of Maryland, in consultation with and subject to the approval of the
Department of Legislative Services, shall correct, with no further action required by the
General Assembly, cross–references and terminology rendered incorrect by this Act.
References to the term “marijuana” shall be replaced with references to the term
“cannabis”. The publishers shall adequately describe any correction that is made in an
editor’s note following the section affected.
SECTION 10. 11. 14. AND BE IT FURTHER ENACTED, That Sections 2, 3, 4, 5,
and 6 6, and 7 7, and 8 of this Act are contingent on the passage of Chapter ___ (H.B. 1) of
the Acts of the General Assembly of 2022, a constitutional amendment, and its ratification
by the voters of the State.
LAWRENCE J. HOGAN, JR., Governor Ch. 26
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SECTION 11. 12. 15. AND BE IT FURTHER ENACTED, That, subject to t he
provisions of Section 10 11 14 of this Act, Section 3 of this Act shall take effect January 1,
2023. Section 3 of this Act shall remain effective for a period of 6 months and, at the end of
June 30, 2023, Section 3 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
SECTION 12. 13. 16. AND BE IT FURTHER ENACTED, That, subject to the
provisions of Section 10 11 14 of this Act, Section 4 of this Act shall take effect July 1, 2023.
SECTION 14. 17. AND BE IT FURTHER ENACTED, That, subject to the provisions
of Section 11 14 of this Act, Section 6 of this Act shall take effect July 1, 2028 2023.
SECTION 13. 15. 18. AND BE IT FURTHER ENACTED, That, subject to the
provisions of Section 10 11 14 of this Act, Sections 2, 5, and 6 7 of this Act shall take effect
January 1, 2023.
SECTION 14. 16. 19. AND BE IT FURTHER ENACTED, That, except as provided
in Sections 11, 12, and 13 12, 13, 14, and 15 15, 16, 17, and 18 of this Act, this Act shall
take effect June 1, 2022.
Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.