EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0772*
SENATE BILL 772
D4 2lr2552
By: Senator Carter
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Child in Need of Assistance – Neglect – Marijuana Use 2
FOR the purpose of providing that the use of marijuana by a parent or certain other 3
individuals who care for a child does not qualify as neglect except in certain 4
circumstances for purposes of provisions of law relating to children in need of 5
assistance; and generally relating to children in need of assistance. 6
BY repealing and reenacting, without amendments, 7
Article – Courts and Judicial Proceedings 8
Section 3–801(a) and (f) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3– 801(s) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Courts and Judicial Proceedings 19
3–801. 20
(a) In this subtitle the following words have the meanings indicated. 21
(f) “Child in need of assistance” means a child who requires court intervention 22
because: 23
2 SENATE BILL 772
(1) The child has been abused, has been neglected, has a developmental 1
disability, or has a mental disorder; and 2
(2) The child’s parents, guardian, or custodian are unable or unwilling to 3
give proper care and attention to the child and the child’s needs. 4
(s) (1) “Neglect” means the leaving of a child unattended or other failure to 5
give proper care and attention to a child by any parent or individual who has permanent or 6
temporary care or custody or responsibility for supervision of the child under circumstances 7
that indicate: 8
[(1)] (I) That the child’s health or welfare is harmed or placed at 9
substantial risk of harm; or 10
[(2)] (II) That the child has suffered mental injury or been placed at 11
substantial risk of mental injury. 12
(2) “NEGLECT” DOES NOT INCLUDE THE USE OF MARIJUANA BY ANY 13
PARENT OR INDIVIDUAL WHO HAS PERMANENT OR TEMPORARY CARE OR CU STODY 14
OR RESPONSIBILITY FO R SUPERVISION OF THE CHILD UNLESS, AS A RESULT OF THE 15
USE OF MARIJUANA : 16
(I) THE CHILD’S HEALTH OR WELFARE IS HARMED OR PLACED 17
AT SUBSTANTIAL RISK OF HARM; OR 18
(II) THE CHILD HAS SUFFERE D MENTAL INJURY OR B EEN 19
PLACED AT SUBSTANTIA L RISK OF MENTAL INJ URY. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22