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.
Italics indicate opposite chamber/conference committee amendments.
*sb0788*
SENATE BILL 788
M4, E1, J1 EMERGENCY BILL (2lr2842)
ENROLLED BILL
— Finance/Health and Government Operations and Judiciary —
Introduced by Senator Feldman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Cannabis – Regulation – Revisions Medical Cannabis Definition and Study 2
Delta–8– and Delta–10–Tetrahydrocannabinol 3
FOR the purpose of prohibiting a person from knowingly producing plants, or any part of a 4
plant, that exceed a certain concentration of delta–8–tetrahydrocannabinol; altering 5
the definition of “hemp product” for purposes of certain provisions of law governing 6
hemp research and production to exclude certain products made through a process 7
that includes the use of hemp; altering the definition of “marijuana” for purposes of 8
the Maryland Controlled Dangerous Substances Act to include certain products 9
made through a process that includes the use of hemp; prohibiting a certain person 10
from distributing, purchasing for sale, or selling products containing delta–8– or 11
delta–10–tetrahydrocannabinol to an individual under a certain age; requiring 12
certain websites to employ a certain age–screening mechanism; defining “medical 13
cannabis” for the purposes of provisions of law regulating medical cannabis; 14
requiring the Natalie M. LaPrade Medical Cannabis Commission, in consultation 15 2 SENATE BILL 788
with the State Department of Agriculture and representatives of a certain coalition 1
certain other stakeholders, to study and make recommendations on the classification 2
and regulation of tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, 3
and certain manufactured products; and generally relating to the regulation of 4
cannabis. 5
BY repealing and reenacting, without amendments, 6
Article – Agriculture 7
Section 14–101(a) 8
Annotated Code of Maryland 9
(2016 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Agriculture 12
Section 14–101(d) and 14–309(a) 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Criminal Law 17
Section 5–101(a) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Criminal Law 22
Section 5–101(r) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2021 Supplement) 25
BY adding to 26
Article – Criminal Law 27
Section 10–108 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2021 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Health – General 32
Section 13–3301(a) 33
Annotated Code of Maryland 34
(2019 Replacement Volume and 2021 Supplement) 35
BY adding to 36
Article – Health – General 37
Section 13–3301(l) 38
Annotated Code of Maryland 39
(2019 Replacement Volume and 2021 Supplement) 40 SENATE BILL 788 3
BY repealing and reenacting, with amendments, 1
Article – Health – General 2
Section 13–3301(l) through (p) 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2021 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Agriculture 8
14–101. 9
(a) In this title the following words have the meanings indicated. 10
(d) (1) “Hemp product” means a product derived from hemp produced in 11
accordance with Subtitle 3 of this title. 12
(2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT: 13
(I) MADE THROUGH A PROCES S THAT INCLUDES THE US E OF 14
HEMP; AND 15
(II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 16
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 17
ON A DRY WEIGHT BASI S; AND 18
2. THAT IS INTENDED FOR A USE THAT IS REGULA TED 19
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 20
14–309. 21
(a) (1) A person may not knowingly: 22
(i) Fail to comply with the Department’s plan for monitoring and 23
regulating the production of hemp established under § 14–305 of this subtitle; 24
(ii) Misrepresent or fail to provide the legal description of land on 25
which hemp is produced; 26
(iii) Produce hemp without a valid license; or 27
(iv) Produce plants, or any part of a plant, that exceeds a 28
DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis. 29
4 SENATE BILL 788
(2) The Department shall report a person that knowingly violates this 1
subtitle to the Attorney General and the U.S. Attorney. 2
Article – Criminal Law 3
5–101. 4
(a) In this title the following words have the meanings indicated. 5
(r) (1) “Marijuana” means: 6
(i) 1. all parts of any plant of the genus Cannabis, whether or 7
not the plant is growing; 8
[(ii)] 2. the seeds of the plant; 9
[(iii)] 3. the resin extracted from the plant; and 10
[(iv)] 4. each compound, manufactured product, salt, derivative, 11
mixture, or preparation of the plant, its seeds, or its resin; OR 12
(II) ANY PRODUCT : 13
1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE 14
OF HEMP; AND 15
2. A. THAT CONTAINS A CONC ENTRATION OF 0.3% OR 16
GREATER OF DELTA–8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 17
ON A DRY WEIGHT BASI S; AND 18
B. INTENDED FOR A USE T HAT IS REGULATED UND ER 19
TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 20
(2) “Marijuana” does not include: 21
(i) the mature stalks of the plant; 22
(ii) fiber produced from the mature stalks; 23
(iii) oil or cake made from the seeds of the plant; 24
(iv) except for resin, any other compound, manufactured product, 25
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 26
(v) the sterilized seed of the plant that is incapable of germination; 27
or 28 SENATE BILL 788 5
(vi) hemp as defined in § 14–101 of the Agriculture Article. 1
Article – Criminal Law 2
10–108. 3
(A) A PERSON WHO DISTRIBUT ES PRODUCTS CONTAINI NG DELTA–8– OR 4
DELTA–10–TETRAHYDROCANNABINOL , INCLUDING A PERSON L ICENSED UNDER 5
TITLE 16, TITLE 16.5, TITLE 16.7, OR TITLE 17 OF THE BUSINESS REGULATION 6
ARTICLE, MAY NOT DISTRIBUTE , PURCHASE FOR SALE , OR SELL A PRO DUCT 7
CONTAINING DELTA –8– OR DELTA–10–TETRAHYDROCANNABINOL TO AN INDIVIDUAL 8
UNDER THE AGE OF 21 YEARS. 9
(B) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 10
THAT THE DEFENDANT E XAMINED THE PURCHASE R’S OR RECIPIENT ’S DRIVER’S 11
LICENSE, OR OTHER VALID IDENTIFIC ATION ISSUED BY A GO VERNMENTAL UNIT , 12
THAT POSITIVELY IDEN TIFIED THE PURCHASER OR RECIPIENT AS BEIN G AT LEAST 13
21 YEARS OLD. 14
(C) ANY WEBSITE OWNED , MANAGED, OR OPERATED BY A PER SON WHO 15
DISTRIBUTES OR SELLS A PRODUCT CONTAINING DELTA–8– OR 16
DELTA–10–TETRAHYDROCANNABINOL SHALL EMPLOY A NEUTR AL AGE–SCREENING 17
MECHANISM THAT VERIF IES THAT THE USER IS AT LEAST 21 YEARS OLD, INCLUDING 18
BY USING AN AGE–GATE, AGE–SCREEN, OR AGE–VERIFICATION MECHANI SM. 19
(D) A PERSON WHO VIOLATES THIS SECTION IS GU ILTY OF A MISDEMEANO R 20
AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING: 21
(1) $300 FOR A FIRST VIOLATIO N; 22
(2) $1,000 FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS 23
AFTER THE FIRST VIOL ATION; AND 24
(3) $3,000 FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 25
YEARS AFTER THE PREC EDING VIOLATION . 26
Article – Health – General 27
13–3301. 28
(a) In this subtitle the following words have the meanings indicated. 29
(L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOLLOWING WHEN 30
INTENDED FOR A USE T HAT IS REGULATED UNDER THIS TITLE: 31 6 SENATE BILL 788
(I) 1. ALL ALL PARTS OF ANY PLANT O F THE GENUS CANNABIS, 1
WHETHER OR NOT THE P LANT IS GROWING ;, INCLUDING: 2
2. (I) THE SEEDS OF THE PLAN T; 3
3. (II) THE RESIN EXTRACTED F ROM THE PLANT ; AND 4
4. (III) EACH COMPOUND , MANUFACTURED PRODUCT , 5
SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS 6
RESIN; ANY COMPOUND , MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, 7
OR PREPARATION OF TH E PLANT, ITS SEEDS, OR RESIN , INCLUDING 8
TETRAHYDROCANNABINOL AND ALL OTHER NATURALLY PRODU CED CANNABINOL 9
DERIVATIVES, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 10
(II) ANY PLANT OR PART OF A PLANT: 11
1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 12
GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 13
ON A DRY WEIGHT BASI S; OR 14
2. INTENDED FOR A USE TH AT IS REGULATED UNDE R 15
THIS SUBTITLE; OR 16
(III) ANY OTHER NATURALLY P RODUCED CANNABINOL 17
DERIVATE, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 18
(2) “MEDICAL CANNABIS ” DOES NOT INCLUDE : 19
(I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED 20
FROM MATURE STALKS ; 21
(II) FIBER PRODUCED FROM T HE MATURE STALKS ; 22
(III) (II) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT; 23
(IV) (III) EXCEPT FOR RESIN , ANY ANY OTHER COMPOUND , 24
MANUFACTURED PRODUCT, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E 25
MATURE STALKS , FIBER, OIL, OR CAKE; 26
(V) (IV) THE STERILIZED SEED O F THE PLANT THAT IS 27
INCAPABLE OF GERMINA TION; OR 28
SENATE BILL 788 7
(VI) (V) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE 1
ARTICLE. 2
[(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a 3
volunteer, an officer, or a director of a grower. 4
[(m)] (N) “Processor” means an entity that: 5
(1) Transforms medical cannabis into another product or extract; and 6
(2) Packages and labels medical cannabis. 7
[(n)] (O) “Processor agent” means an owner, a member, an employee, a 8
volunteer, an officer, or a director of a processor. 9
[(o)] (P) “Qualifying patient” means an individual who: 10
(1) Has been provided with a written certification by a certifying provider 11
in accordance with a bona fide provider–patient relationship; and 12
(2) If under the age of 18 years, has a caregiver. 13
[(p)] (Q) “Written certification” means a certification that: 14
(1) Is issued by a certifying provider to a qualifying patient with whom the 15
provider has a bona fide provider–patient relationship; 16
(2) Includes a written statement certifying that, in the provider’s 17
professional opinion, after having completed an assessment of the patient’s medical history 18
and current medical condition, the patient has a condition: 19
(i) That meets the inclusion criteria and does not meet the exclusion 20
criteria of the certifying provider’s application; and 21
(ii) For which the potential benefits of the medical use of cannabis 22
would likely outweigh the health risks for the patient; and 23
(3) May include a written statement certifying that, in the provider’s 24
professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the 25
medical needs of the qualifying patient. 26
SECTION 2. AND BE IT FURTHER ENACTED, That: 27
(a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with 28
the State Department of Agriculture and representatives of , one representative from the 29
Maryland Hemp Coalition, one representative from the Forensic Sciences Division in the 30 8 SENATE BILL 788
Department of State Police, one representative from the U.S. Cannabis Council, and one 1
representative from the Maryland Health Alternatives Association, shall study and make 2
recommendations on the classification and regulation of tetrahydrocannabinols, other than 3
delta–9–tetrahydrocannabinol, that are artificially, synthetically, or naturally derived, and 4
manufactured products containing delta–8– and delta–10–tetrahydrocannabinol. 5
(b) On or before January 1, 2023, the Natalie M. LaPrade Medical Cannabis 6
Commission shall report its findings and recommendations to the Governor and, in 7
accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, 8
the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the 9
House Health and Government Operations Committee. 10
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 11
measure, is necessary for the immediate preservation of the public health or safety, has 12
been passed by a yea and nay vote supported by three–fifths of all the members elected to 13
each of the two Houses of the General Assembly, and shall take effect from the date it is 14
enacted shall take effect July 1, 2022. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.