EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0772*
SENATE BILL 772
D4 2lr2552
CF HB 1325
By: Senator Carter
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 5, 2022
CHAPTER ______
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 2 SENATE BILL 772
(a) In this subtitle the following words have the meanings indicated. 1
(f) “Child in need of assistance” means a child who requires court intervention 2
because: 3
(1) The child has been abused, has been neglected, has a developmental 4
disability, or has a mental disorder; and 5
(2) The child’s parents, guardian, or custodian are unable or unwilling to 6
give proper care and attention to the child and the child’s needs. 7
(s) (1) “Neglect” means the leaving of a child unattended or other failure to 8
give proper care and attention to a child by any parent or individual who has permanent or 9
temporary care or custody or responsibility for supervision of the child under circumstances 10
that indicate: 11
[(1)] (I) That the child’s health or welfare is harmed or placed at 12
substantial risk of harm; or 13
[(2)] (II) That the child has suffered mental injury or been placed at 14
substantial risk of mental injury. 15
(2) “NEGLECT” DOES NOT INCLUDE THE MERE USE OF MARIJUANA BY 16
ANY PARENT OR INDIVI DUAL WHO HAS PERMANENT OR TEM PORARY CARE OR 17
CUSTODY OR RESPONSIB ILITY FOR SUPERVISIO N OF THE CHILD UNLES S, AS A 18
RESULT OF THE USE OF MARIJUANA: 19
(I) THE CHILD’S HEALTH OR WELFARE IS HARMED OR PLACED 20
AT SUBSTANTIAL RISK OF HARM; OR 21
(II) THE CHILD HAS SUFFERE D MENTAL INJURY OR BEE N 22
PLACED AT SUBSTANTIA L RISK OF MENTAL INJ URY. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2022. 25