EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0788*
SENATE BILL 788
M4, E1, J1 EMERGENCY BILL 2lr2842
CF HB 1078
By: Senator Feldman
Introduced and read first time: February 7, 2022
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2022
CHAPTER ______
AN ACT concerning 1
Cannabis – Regulation – Revisions Medical Cannabis Definition and Study 2
FOR the purpose of prohibiting a person from knowingly producing plants, or any part of a 3
plant, that exceed a certain concentration of delta–8–tetrahydrocannabinol; altering 4
the definition of “hemp product” for purposes of certain provisions of law governing 5
hemp research and production to exclude certain products made through a process 6
that includes the use of hemp; altering the definition of “marijuana” for purposes of 7
the Maryland Controlled Dangerous Substances Act to include certain products 8
made through a process that includes the use of hemp; defining “medical cannabis” 9
for the purposes of provisions of law regulating medical cannabis; requiring the 10
Natalie M. LaPrade Medical Cannabis Commission, in consultation with the State 11
Department of Agriculture and representatives of a certain coalition, to study and 12
make recommendations on the classification and regulation of 13
tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, and certain 14
manufactured products; and generally relating to the regulation of cannabis. 15
BY repealing and reenacting, without amendments, 16
Article – Agriculture 17
Section 14–101(a) 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Agriculture 22
Section 14–101(d) and 14–309(a) 23 2 SENATE BILL 788
Annotated Code of Maryland 1
(2016 Replacement Volume and 2021 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Criminal Law 4
Section 5–101(a) 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2021 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Law 9
Section 5–101(r) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Health – General 14
Section 13–3301(a) 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Health – General 19
Section 13–3301(l) 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Health – General 24
Section 13–3301(l) through (p) 25
Annotated Code of Maryland 26
(2019 Replacement Volume and 2021 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – Agriculture 30
14–101. 31
(a) In this title the following words have the meanings indicated. 32
(d) (1) “Hemp product” means a product derived from hemp produced in 33
accordance with Subtitle 3 of this title. 34
(2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT: 35
SENATE BILL 788 3
(I) MADE THROUGH A PROCESS TH AT INCLUDES THE USE OF 1
HEMP; AND 2
(II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 3
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 4
ON A DRY WEIGHT BASI S; AND 5
2. THAT IS INTENDED FOR A USE THAT IS REGULA TED 6
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 7
14–309. 8
(a) (1) A person may not knowingly: 9
(i) Fail to comply with the Department’s plan for monitoring and 10
regulating the production of hemp established under § 14–305 of this subtitle; 11
(ii) Misrepresent or fail to provide the legal description of land on 12
which hemp is produced; 13
(iii) Produce hemp without a valid license; or 14
(iv) Produce plants, or any part of a plant, that exceeds a 15
DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis. 16
(2) The Department shall report a person that knowingly violates this 17
subtitle to the Attorney General and the U.S. Attorney. 18
Article – Criminal Law 19
5–101. 20
(a) In this title the following words have the meanings indicated. 21
(r) (1) “Marijuana” means: 22
(i) 1. all parts of any plant of the genus Cannabis, whether or 23
not the plant is growing; 24
[(ii)] 2. the seeds of the plant; 25
[(iii)] 3. the resin extracted from the plant; and 26
[(iv)] 4. each compound, manufactured product, salt, derivative, 27
mixture, or preparation of the plant, its seeds, or its resin; OR 28
4 SENATE BILL 788
(II) ANY PRODUCT : 1
1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE 2
OF HEMP; AND 3
2. A. THAT CONTAINS A CONCENTRA TION OF 0.3% OR 4
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 5
ON A DRY WEIGHT BASI S; AND 6
B. INTENDED FOR A USE T HAT IS REGULATED UND ER 7
TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 8
(2) “Marijuana” does not include: 9
(i) the mature stalks of the plant; 10
(ii) fiber produced from the mature stalks; 11
(iii) oil or cake made from the seeds of the plant; 12
(iv) except for resin, any other compound, manufactured product, 13
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 14
(v) the sterilized seed of the plant that is incapable of germination; 15
or 16
(vi) hemp as defined in § 14–101 of the Agriculture Article. 17
Article – Health – General 18
13–3301. 19
(a) In this subtitle the following words have the meanings indicated. 20
(L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOLLOWING WHEN 21
INTENDED FOR A USE T HAT IS REGULATED UND ER THIS TITLE: 22
(I) 1. ALL ALL PARTS OF ANY PLANT O F THE GENUS CANNABIS, 23
WHETHER OR NOT THE P LANT IS GROWING ;, INCLUDING: 24
2. (I) THE SEEDS OF THE PLAN T; 25
3. (II) THE RESIN EXTRACTED FROM THE PLANT; AND 26
4. (III) EACH COMPOUND , MANUFACTURED PRODUCT , 27
SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS 28 SENATE BILL 788 5
RESIN; ANY COMPOUND , MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, 1
OR PREPARATION OF TH E PLANT, ITS SEEDS, OR RESIN , INCLUDING 2
TETRAHYDROCANNABINOL AND ALL OTHER NATURA LLY PRODUCED CANNABI NOL 3
DERIVATIVES, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 4
(II) ANY PLANT OR PART OF A PLANT: 5
1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 6
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 7
ON A DRY WEIGHT BASI S; OR 8
2. INTENDED FOR A USE TH AT IS REGULATED UNDE R 9
THIS SUBTITLE; OR 10
(III) ANY OTHER NATURALLY P RODUCED CANNABINOL 11
DERIVATE, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 12
(2) “MEDICAL CANNABIS ” DOES NOT INCLUDE : 13
(I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED 14
FROM MATURE STALKS ; 15
(II) FIBER PRODUCED FROM T HE MATURE STALKS ; 16
(III) (II) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT; 17
(IV) (III) EXCEPT FOR RESIN , ANY ANY OTHER COMPOUND , 18
MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E 19
MATURE STALKS , FIBER, OIL, OR CAKE; 20
(V) (IV) THE STERILIZED SEED O F THE PLANT THAT IS 21
INCAPABLE OF GERMINA TION; OR 22
(VI) (V) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE 23
ARTICLE. 24
[(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a 25
volunteer, an officer, or a director of a grower. 26
[(m)] (N) “Processor” means an entity that: 27
(1) Transforms medical cannabis into another product or extract; and 28
(2) Packages and labels medical cannabis. 29
6 SENATE BILL 788
[(n)] (O) “Processor agent” means an owner, a member, an employee, a 1
volunteer, an officer, or a director of a processor. 2
[(o)] (P) “Qualifying patient” means an individual who: 3
(1) Has been provided with a written certification by a certifying provider 4
in accordance with a bona fide provider–patient relationship; and 5
(2) If under the age of 18 years, has a caregiver. 6
[(p)] (Q) “Written certification” means a certification that: 7
(1) Is issued by a certifying provider to a qualifying patient with whom the 8
provider has a bona fide provider–patient relationship; 9
(2) Includes a written statement certifying that, in the provider’s 10
professional opinion, after having completed an assessment of the patient’s medical history 11
and current medical condition, the patient has a condition: 12
(i) That meets the inclusion criteria and does not meet the exclusion 13
criteria of the certifying provider’s application; and 14
(ii) For which the potential benefits of the medical use of cannabis 15
would likely outweigh the health risks for the patient; and 16
(3) May include a written statement certifying that, in the provider’s 17
professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the 18
medical needs of the qualifying patient. 19
SECTION 2. AND BE IT FURTHER ENACTED, That: 20
(a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with 21
the State Department of Agriculture and representatives of the Maryland Hemp Coalition, 22
shall study and make recommendations on the classification and regulation of 23
tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, that are artificially, 24
synthetically, or naturally derived, and manufactured products containing delta–8– and 25
delta–10–tetrahydrocannabinol. 26
(b) On or before January 1, 2023, the Natalie M. LaPrade Medical Cannabis 27
Commission shall report its findings and recommendations to the Governor and, in 28
accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, 29
the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the 30
House Health and Government Operations Committee. 31
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 32
measure, is necessary for the immediate preservation of the public health or safety, has 33
been passed by a yea and nay vote supported by three–fifths of all the members elected to 34 SENATE BILL 788 7
each of the two Houses of the General Assembly, and shall take effect from the date it is 1
enacted. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.