MD
Maryland Senate Bill SB788

Maryland 2022 Regular Session

Maryland Senate Bill SB788 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 512
21
3-– 1 –
4-Chapter 512
5-(Senate Bill 788)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0788*
810
9-Cannabis – Regulation – Revisions Medical Cannabis Definition and Study
10-Delta–8– and Delta–10–Tetrahydrocannabinol
11+SENATE BILL 788
12+M4, E1, J1 EMERGENCY BILL (2lr2842)
13+ENROLLED BILL
14+— Finance/Health and Government Operations and Judiciary —
15+Introduced by Senator Feldman
1116
12-FOR the purpose of prohibiting a person from knowingly producing plants, or any part of a
13-plant, that exceed a certain concentration of delta–8–tetrahydrocannabinol; altering
14-the definition of “hemp product” for purposes of certain provisions of law governing
15-hemp research and production to exclude certain products made through a process
16-that includes the use of hemp; altering the definition of “marijuana” for purposes of
17-the Maryland Controlled Dangerous Substances Act to include certain products
18-made through a process that includes the use of hemp; prohibiting a certain person
19-from distributing, purchasing for sale, or selling products containing delta–8– or
20-delta–10–tetrahydrocannabinol to an individual under a certain age; requiring
21-certain websites to employ a certain age–screening mechanism; defining “medical
22-cannabis” for the purposes of provisions of law regulating medical cannabis;
23-requiring the Natalie M. LaPrade Medical Cannabis Commission, in consultation
24-with the State Department of Agriculture and representatives of a certain coalition
25-certain other stakeholders, to study and make recommendations on the classification
26-and regulation of tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol,
27-and certain manufactured products; and generally relating to the regulation of
28-cannabis.
17+Read and Examined by Proofreaders:
2918
30-BY repealing and reenacting, without amendments,
31- Article – Agriculture
32-Section 14–101(a)
33- Annotated Code of Maryland
34- (2016 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3523
36-BY repealing and reenacting, with amendments,
37- Article – Agriculture
38- Section 14–101(d) and 14–309(a)
39- Annotated Code of Maryland
40- (2016 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4125
42-BY repealing and reenacting, without amendments,
43- Article – Criminal Law
44-Section 5–101(a)
45- Annotated Code of Maryland
46- (2021 Replacement Volume and 2021 Supplement)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4727
48-BY repealing and reenacting, with amendments,
49- Article – Criminal Law Ch. 512 2022 LAWS OF MARYLAND
28+______________________________________________
29+President.
5030
51-– 2 –
52- Section 5–101(r)
53- Annotated Code of Maryland
54- (2021 Replacement Volume and 2021 Supplement)
31+CHAPTER ______
5532
56-BY adding to
57- Article – Criminal Law
58- Section 10–108
59- Annotated Code of Maryland
60- (2021 Replacement Volume and 2021 Supplement)
33+AN ACT concerning 1
6134
62-BY repealing and reenacting, without amendments,
63- Article – Health – General
64-Section 13–3301(a)
65- Annotated Code of Maryland
66- (2019 Replacement Volume and 2021 Supplement)
35+Cannabis – Regulation – Revisions Medical Cannabis Definition and Study 2
36+Delta–8– and Delta–10–Tetrahydrocannabinol 3
6737
68-BY adding to
69- Article – Health – General
70-Section 13–3301(l)
71- Annotated Code of Maryland
72- (2019 Replacement Volume and 2021 Supplement)
38+FOR the purpose of prohibiting a person from knowingly producing plants, or any part of a 4
39+plant, that exceed a certain concentration of delta–8–tetrahydrocannabinol; altering 5
40+the definition of “hemp product” for purposes of certain provisions of law governing 6
41+hemp research and production to exclude certain products made through a process 7
42+that includes the use of hemp; altering the definition of “marijuana” for purposes of 8
43+the Maryland Controlled Dangerous Substances Act to include certain products 9
44+made through a process that includes the use of hemp; prohibiting a certain person 10
45+from distributing, purchasing for sale, or selling products containing delta–8– or 11
46+delta–10–tetrahydrocannabinol to an individual under a certain age; requiring 12
47+certain websites to employ a certain age–screening mechanism; defining “medical 13
48+cannabis” for the purposes of provisions of law regulating medical cannabis; 14
49+requiring the Natalie M. LaPrade Medical Cannabis Commission, in consultation 15 2 SENATE BILL 788
7350
74-BY repealing and reenacting, with amendments,
75- Article – Health – General
76- Section 13–3301(l) through (p)
77- Annotated Code of Maryland
78- (2019 Replacement Volume and 2021 Supplement)
7951
80- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
81-That the Laws of Maryland read as follows:
52+with the State Department of Agriculture and representatives of a certain coalition 1
53+certain other stakeholders, to study and make recommendations on the classification 2
54+and regulation of tetrahydrocannabinols, other than delta–9–tetrahydrocannabinol, 3
55+and certain manufactured products; and generally relating to the regulation of 4
56+cannabis. 5
8257
83-Article – Agriculture
58+BY repealing and reenacting, without amendments, 6
59+ Article – Agriculture 7
60+Section 14–101(a) 8
61+ Annotated Code of Maryland 9
62+ (2016 Replacement Volume and 2021 Supplement) 10
8463
85-14–101.
64+BY repealing and reenacting, with amendments, 11
65+ Article – Agriculture 12
66+ Section 14–101(d) and 14–309(a) 13
67+ Annotated Code of Maryland 14
68+ (2016 Replacement Volume and 2021 Supplement) 15
8669
87- (a) In this title the following words have the meanings indicated.
70+BY repealing and reenacting, without amendments, 16
71+ Article – Criminal Law 17
72+Section 5–101(a) 18
73+ Annotated Code of Maryland 19
74+ (2021 Replacement Volume and 2021 Supplement) 20
8875
89- (d) (1) “Hemp product” means a product derived from hemp produced in
90-accordance with Subtitle 3 of this title.
76+BY repealing and reenacting, with amendments, 21
77+ Article – Criminal Law 22
78+ Section 5–101(r) 23
79+ Annotated Code of Maryland 24
80+ (2021 Replacement Volume and 2021 Supplement) 25
9181
92- (2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT:
82+BY adding to 26
83+ Article – Criminal Law 27
84+ Section 10–108 28
85+ Annotated Code of Maryland 29
86+ (2021 Replacement Volume and 2021 Supplement) 30
9387
94- (I) MADE THROUGH A PROCES S THAT INCLUDES THE USE OF
95-HEMP; AND
96- LAWRENCE J. HOGAN, JR., Governor Ch. 512
88+BY repealing and reenacting, without amendments, 31
89+ Article – Health – General 32
90+Section 13–3301(a) 33
91+ Annotated Code of Maryland 34
92+ (2019 Replacement Volume and 2021 Supplement) 35
9793
98-– 3 –
99- (II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR
100-GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION
101-ON A DRY WEIGHT BASI S; AND
94+BY adding to 36
95+ Article – Health – General 37
96+Section 13–3301(l) 38
97+ Annotated Code of Maryland 39
98+ (2019 Replacement Volume and 2021 Supplement) 40 SENATE BILL 788 3
10299
103- 2. THAT IS INTENDED FOR A USE THAT IS REGULA TED
104-UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE.
105100
106-14–309.
107101
108- (a) (1) A person may not knowingly:
102+BY repealing and reenacting, with amendments, 1
103+ Article – Health – General 2
104+ Section 13–3301(l) through (p) 3
105+ Annotated Code of Maryland 4
106+ (2019 Replacement Volume and 2021 Supplement) 5
109107
110- (i) Fail to comply with the Department’s plan for monitoring and
111-regulating the production of hemp established under § 14–305 of this subtitle;
108+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
109+That the Laws of Maryland read as follows: 7
112110
113- (ii) Misrepresent or fail to provide the legal description of land on
114-which hemp is produced;
111+Article – Agriculture 8
115112
116- (iii) Produce hemp without a valid license; or
113+14–101. 9
117114
118- (iv) Produce plants, or any part of a plant, that exceeds a
119-DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis.
115+ (a) In this title the following words have the meanings indicated. 10
120116
121- (2) The Department shall report a person that knowingly violates this
122-subtitle to the Attorney General and the U.S. Attorney.
117+ (d) (1) “Hemp product” means a product derived from hemp produced in 11
118+accordance with Subtitle 3 of this title. 12
123119
124-Article – Criminal Law
120+ (2) “HEMP PRODUCT ” DOES NOT INCLUDE ANY PRODUCT: 13
125121
126-5–101.
122+ (I) MADE THROUGH A PROCES S THAT INCLUDES THE US E OF 14
123+HEMP; AND 15
127124
128- (a) In this title the following words have the meanings indicated.
125+ (II) 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 16
126+GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 17
127+ON A DRY WEIGHT BASI S; AND 18
129128
130- (r) (1) “Marijuana” means:
129+ 2. THAT IS INTENDED FOR A USE THAT IS REGULA TED 19
130+UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 20
131131
132- (i) 1. all parts of any plant of the genus Cannabis, whether or
133-not the plant is growing;
132+14–309. 21
134133
135- [(ii)] 2. the seeds of the plant;
134+ (a) (1) A person may not knowingly: 22
136135
137- [(iii)] 3. the resin extracted from the plant; and
136+ (i) Fail to comply with the Department’s plan for monitoring and 23
137+regulating the production of hemp established under § 14–305 of this subtitle; 24
138138
139- [(iv)] 4. each compound, manufactured product, salt, derivative,
140-mixture, or preparation of the plant, its seeds, or its resin; OR
139+ (ii) Misrepresent or fail to provide the legal description of land on 25
140+which hemp is produced; 26
141141
142- (II) ANY PRODUCT :
143- Ch. 512 2022 LAWS OF MARYLAND
142+ (iii) Produce hemp without a valid license; or 27
144143
145-– 4 –
146- 1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE
147-OF HEMP; AND
144+ (iv) Produce plants, or any part of a plant, that exceeds a 28
145+DELTA–8– OR delta–9–tetrahydrocannabinol concentration of 0.3% on a dry weight basis. 29
146+ 4 SENATE BILL 788
148147
149- 2. A. THAT CONTAINS A CONC ENTRATION OF 0.3% OR
150-GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION
151-ON A DRY WEIGHT BASI S; AND
152148
153- B. INTENDED FOR A USE T HAT IS REGULATED UND ER
154-TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE.
149+ (2) The Department shall report a person that knowingly violates this 1
150+subtitle to the Attorney General and the U.S. Attorney. 2
155151
156- (2) “Marijuana” does not include:
152+Article – Criminal Law 3
157153
158- (i) the mature stalks of the plant;
154+5–101. 4
159155
160- (ii) fiber produced from the mature stalks;
156+ (a) In this title the following words have the meanings indicated. 5
161157
162- (iii) oil or cake made from the seeds of the plant;
158+ (r) (1) “Marijuana” means: 6
163159
164- (iv) except for resin, any other compound, manufactured product,
165-salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
160+ (i) 1. all parts of any plant of the genus Cannabis, whether or 7
161+not the plant is growing; 8
166162
167- (v) the sterilized seed of the plant that is incapable of germination;
168-or
163+ [(ii)] 2. the seeds of the plant; 9
169164
170- (vi) hemp as defined in § 14–101 of the Agriculture Article.
165+ [(iii)] 3. the resin extracted from the plant; and 10
171166
172-Article – Criminal Law
167+ [(iv)] 4. each compound, manufactured product, salt, derivative, 11
168+mixture, or preparation of the plant, its seeds, or its resin; OR 12
173169
174-10–108.
170+ (II) ANY PRODUCT : 13
175171
176- (A) A PERSON WHO DISTRIBUT ES PRODUCTS CONTAINI NG DELTA–8– OR
177-DELTA–10–TETRAHYDROCANNABINOL , INCLUDING A PERSON L ICENSED UNDER
178-TITLE 16, TITLE 16.5, TITLE 16.7, OR TITLE 17 OF THE BUSINESS REGULATION
179-ARTICLE, MAY NOT DISTRIBUTE , PURCHASE FOR SALE , OR SELL A PRO DUCT
180-CONTAINING DELTA –8– OR DELTA–10–TETRAHYDROCANNABINOL TO AN INDIVIDUAL
181-UNDER THE AGE OF 21 YEARS.
172+ 1. MADE THROUGH A PROCE SS THAT INCLUDES THE USE 14
173+OF HEMP; AND 15
182174
183- (B) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE
184-THAT THE DEFENDANT E XAMINED THE PURCHASE R’S OR RECIPIENT’S DRIVER’S
185-LICENSE, OR OTHER VALID IDENTIFIC ATION ISSUED BY A GO VERNMENTAL UNIT ,
186-THAT POSITIVELY IDEN TIFIED THE PURCHASER OR RECIPIENT AS BEIN G AT LEAST
187-21 YEARS OLD.
188- LAWRENCE J. HOGAN, JR., Governor Ch. 512
175+ 2. A. THAT CONTAINS A CONC ENTRATION OF 0.3% OR 16
176+GREATER OF DELTA–8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 17
177+ON A DRY WEIGHT BASI S; AND 18
189178
190-– 5 –
191- (C) ANY WEBSITE OWNED , MANAGED, OR OPERATED BY A PER SON WHO
192-DISTRIBUTES OR SELLS A PRODUCT CONTAINING DELTA–8– OR
193-DELTA–10–TETRAHYDROCANNABINOL SHALL EMPLOY A NEUTR AL AGE–SCREENING
194-MECHANISM THAT VERIF IES THAT THE USER IS AT LEAST 21 YEARS OLD, INCLUDING
195-BY USING AN AGE–GATE, AGE–SCREEN, OR AGE–VERIFICATION MECHANI SM.
179+ B. INTENDED FOR A USE T HAT IS REGULATED UND ER 19
180+TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 20
196181
197- (D) A PERSON WHO VIOLATES THIS SECTION IS GU ILTY OF A MISDEMEANO R
198-AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING:
182+ (2) “Marijuana” does not include: 21
199183
200- (1) $300 FOR A FIRST VIOLATIO N;
184+ (i) the mature stalks of the plant; 22
201185
202- (2) $1,000 FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS
203-AFTER THE FIRST VIOL ATION; AND
186+ (ii) fiber produced from the mature stalks; 23
204187
205- (3) $3,000 FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2
206-YEARS AFTER THE PREC EDING VIOLATION .
188+ (iii) oil or cake made from the seeds of the plant; 24
207189
208-Article – Health – General
190+ (iv) except for resin, any other compound, manufactured product, 25
191+salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 26
209192
210-13–3301.
193+ (v) the sterilized seed of the plant that is incapable of germination; 27
194+or 28 SENATE BILL 788 5
211195
212- (a) In this subtitle the following words have the meanings indicated.
213196
214- (L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOLLOWING WHEN
215-INTENDED FOR A USE T HAT IS REGULATED UNDER THIS TITLE:
216197
217- (I) 1. ALL ALL PARTS OF ANY PLANT O F THE GENUS CANNABIS,
218-WHETHER OR NOT THE P LANT IS GROWING ;, INCLUDING:
198+ (vi) hemp as defined in § 14–101 of the Agriculture Article. 1
219199
220- 2. (I) THE SEEDS OF THE PLAN T;
200+Article – Criminal Law 2
221201
222- 3. (II) THE RESIN EXTRACTED F ROM THE PLANT ; AND
202+10–108. 3
223203
224- 4. (III) EACH COMPOUND , MANUFACTURED PRODUCT ,
225-SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS
226-RESIN; ANY COMPOUND , MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE,
227-OR PREPARATION OF TH E PLANT, ITS SEEDS, OR RESIN , INCLUDING
228-TETRAHYDROCANNABINOL AND ALL OTHER NATURALLY PRODU CED CANNABINOL
229-DERIVATIVES, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION .
204+ (A) A PERSON WHO DISTRIBUT ES PRODUCTS CONTAINI NG DELTA–8– OR 4
205+DELTA–10–TETRAHYDROCANNABINOL , INCLUDING A PERSON L ICENSED UNDER 5
206+TITLE 16, TITLE 16.5, TITLE 16.7, OR TITLE 17 OF THE BUSINESS REGULATION 6
207+ARTICLE, MAY NOT DISTRIBUTE , PURCHASE FOR SALE , OR SELL A PRO DUCT 7
208+CONTAINING DELTA –8– OR DELTA–10–TETRAHYDROCANNABINOL TO AN INDIVIDUAL 8
209+UNDER THE AGE OF 21 YEARS. 9
230210
231- (II) ANY PLANT OR PART OF A PLANT:
232- Ch. 512 2022 LAWS OF MARYLAND
211+ (B) IN A PROSECUTION FOR A VIOLATION OF THIS SECTION, IT IS A DEFENSE 10
212+THAT THE DEFENDANT E XAMINED THE PURCHASE R’S OR RECIPIENT ’S DRIVER’S 11
213+LICENSE, OR OTHER VALID IDENTIFIC ATION ISSUED BY A GO VERNMENTAL UNIT , 12
214+THAT POSITIVELY IDEN TIFIED THE PURCHASER OR RECIPIENT AS BEIN G AT LEAST 13
215+21 YEARS OLD. 14
233216
234-– 6 –
235- 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR
236-GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION
237-ON A DRY WEIGHT BASI S; OR
217+ (C) ANY WEBSITE OWNED , MANAGED, OR OPERATED BY A PER SON WHO 15
218+DISTRIBUTES OR SELLS A PRODUCT CONTAINING DELTA–8– OR 16
219+DELTA–10–TETRAHYDROCANNABINOL SHALL EMPLOY A NEUTR AL AGE–SCREENING 17
220+MECHANISM THAT VERIF IES THAT THE USER IS AT LEAST 21 YEARS OLD, INCLUDING 18
221+BY USING AN AGE–GATE, AGE–SCREEN, OR AGE–VERIFICATION MECHANI SM. 19
238222
239- 2. INTENDED FOR A USE TH AT IS REGULATED UNDE R
240-THIS SUBTITLE; OR
223+ (D) A PERSON WHO VIOLATES THIS SECTION IS GU ILTY OF A MISDEMEANO R 20
224+AND ON CONVICTION IS SUBJECT TO A FINE NO T EXCEEDING: 21
241225
242- (III) ANY OTHER NATURALLY P RODUCED CANNABINOL
243-DERIVATE, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION .
226+ (1) $300 FOR A FIRST VIOLATIO N; 22
244227
245- (2) “MEDICAL CANNABIS ” DOES NOT INCLUDE :
228+ (2) $1,000 FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS 23
229+AFTER THE FIRST VIOL ATION; AND 24
246230
247- (I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED
248-FROM MATURE STALKS ;
231+ (3) $3,000 FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 25
232+YEARS AFTER THE PREC EDING VIOLATION . 26
249233
250- (II) FIBER PRODUCED FROM T HE MATURE STALKS ;
234+Article – Health – General 27
251235
252- (III) (II) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT;
236+13–3301. 28
253237
254- (IV) (III) EXCEPT FOR RESIN , ANY ANY OTHER COMPOUND ,
255-MANUFACTURED PRODUCT, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E
256-MATURE STALKS , FIBER, OIL, OR CAKE;
238+ (a) In this subtitle the following words have the meanings indicated. 29
257239
258- (V) (IV) THE STERILIZED SEED O F THE PLANT THAT IS
259-INCAPABLE OF GERMINA TION; OR
240+ (L) (1) “MEDICAL CANNABIS ” MEANS ANY OF THE FOLLOWING WHEN 30
241+INTENDED FOR A USE T HAT IS REGULATED UNDER THIS TITLE: 31 6 SENATE BILL 788
260242
261- (VI) (V) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE
262-ARTICLE.
263243
264- [(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a
265-volunteer, an officer, or a director of a grower.
266244
267- [(m)] (N) “Processor” means an entity that:
245+ (I) 1. ALL ALL PARTS OF ANY PLANT O F THE GENUS CANNABIS, 1
246+WHETHER OR NOT THE P LANT IS GROWING ;, INCLUDING: 2
268247
269- (1) Transforms medical cannabis into another product or extract; and
248+ 2. (I) THE SEEDS OF THE PLAN T; 3
270249
271- (2) Packages and labels medical cannabis.
250+ 3. (II) THE RESIN EXTRACTED F ROM THE PLANT ; AND 4
272251
273- [(n)] (O) “Processor agent” means an owner, a member, an employee, a
274-volunteer, an officer, or a director of a processor.
252+ 4. (III) EACH COMPOUND , MANUFACTURED PRODUCT , 5
253+SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E PLANT, ITS SEEDS, OR ITS 6
254+RESIN; ANY COMPOUND , MANUFACTURED PRODUCT , SALT, DERIVATIVE, MIXTURE, 7
255+OR PREPARATION OF TH E PLANT, ITS SEEDS, OR RESIN , INCLUDING 8
256+TETRAHYDROCANNABINOL AND ALL OTHER NATURALLY PRODU CED CANNABINOL 9
257+DERIVATIVES, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 10
275258
276- [(o)] (P) “Qualifying patient” means an individual who:
277- LAWRENCE J. HOGAN, JR., Governor Ch. 512
259+ (II) ANY PLANT OR PART OF A PLANT: 11
278260
279-– 7 –
280- (1) Has been provided with a written certification by a certifying provider
281-in accordance with a bona fide provider–patient relationship; and
261+ 1. THAT CONTAINS A CONCE NTRATION OF 0.3% OR 12
262+GREATER OF DELTA –8– OR DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION 13
263+ON A DRY WEIGHT BASI S; OR 14
282264
283- (2) If under the age of 18 years, has a caregiver.
265+ 2. INTENDED FOR A USE TH AT IS REGULATED UNDE R 15
266+THIS SUBTITLE; OR 16
284267
285- [(p)] (Q) “Written certification” means a certification that:
268+ (III) ANY OTHER NATURALLY P RODUCED CANNABINOL 17
269+DERIVATE, WHETHER PRODUCED DIR ECTLY OR INDIRECTLY BY EXTRACTION . 18
286270
287- (1) Is issued by a certifying provider to a qualifying patient with whom the
288-provider has a bona fide provider–patient relationship;
271+ (2) “MEDICAL CANNABIS ” DOES NOT INCLUDE : 19
289272
290- (2) Includes a written statement certifying that, in the provider’s
291-professional opinion, after having completed an assessment of the patient’s medical history
292-and current medical condition, the patient has a condition:
273+ (I) THE MATURE STALKS OF THE PLANT OR FIBER P RODUCED 20
274+FROM MATURE STALKS ; 21
293275
294- (i) That meets the inclusion criteria and does not meet the exclusion
295-criteria of the certifying provider’s application; and
276+ (II) FIBER PRODUCED FROM T HE MATURE STALKS ; 22
296277
297- (ii) For which the potential benefits of the medical use of cannabis
298-would likely outweigh the health risks for the patient; and
278+ (III) (II) OIL OR CAKE MADE FROM THE SEEDS OF THE PLA NT; 23
299279
300- (3) May include a written statement certifying that, in the provider’s
301-professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the
302-medical needs of the qualifying patient.
280+ (IV) (III) EXCEPT FOR RESIN , ANY ANY OTHER COMPOUND , 24
281+MANUFACTURED PRODUCT, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF TH E 25
282+MATURE STALKS , FIBER, OIL, OR CAKE; 26
303283
304- SECTION 2. AND BE IT FURTHER ENACTED, That:
284+ (V) (IV) THE STERILIZED SEED O F THE PLANT THAT IS 27
285+INCAPABLE OF GERMINA TION; OR 28
286+ SENATE BILL 788 7
305287
306- (a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with
307-the State Department of Agriculture and representatives of , one representative from the
308-Maryland Hemp Coalition, one representative from the Forensic Sciences Division in the
309-Department of State Police, one representative from the U.S. Cannabis Council, and one
310-representative from the Maryland Health Alternatives Association, shall study and make
311-recommendations on the classification and regulation of tetrahydrocannabinols, other than
312-delta–9–tetrahydrocannabinol, that are artificially, synthetically, or naturally derived, and
313-manufactured products containing delta–8– and delta–10–tetrahydrocannabinol.
314288
315- (b) On or before January 1, 2023, the Natalie M. LaPrade Medical Cannabis
316-Commission shall report its findings and recommendations to the Governor and, in
317-accordance with § 2–1257 of the State Government Article, the Senate Finance Committee,
318-the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the
319-House Health and Government Operations Committee.
289+ (VI) (V) HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE 1
290+ARTICLE. 2
320291
321- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
322-measure, is necessary for the immediate preservation of the public health or safety, has
323-been passed by a yea and nay vote supported by three–fifths of all the members elected to
324-each of the two Houses of the General Assembly, and shall take effect from the date it is
325-enacted shall take effect July 1, 2022. Ch. 512 2022 LAWS OF MARYLAND
292+ [(l)] (M) “Medical cannabis grower agent” means an owner, an employee, a 3
293+volunteer, an officer, or a director of a grower. 4
326294
327-– 8 –
295+ [(m)] (N) “Processor” means an entity that: 5
328296
329-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
297+ (1) Transforms medical cannabis into another product or extract; and 6
298+
299+ (2) Packages and labels medical cannabis. 7
300+
301+ [(n)] (O) “Processor agent” means an owner, a member, an employee, a 8
302+volunteer, an officer, or a director of a processor. 9
303+
304+ [(o)] (P) “Qualifying patient” means an individual who: 10
305+
306+ (1) Has been provided with a written certification by a certifying provider 11
307+in accordance with a bona fide provider–patient relationship; and 12
308+
309+ (2) If under the age of 18 years, has a caregiver. 13
310+
311+ [(p)] (Q) “Written certification” means a certification that: 14
312+
313+ (1) Is issued by a certifying provider to a qualifying patient with whom the 15
314+provider has a bona fide provider–patient relationship; 16
315+
316+ (2) Includes a written statement certifying that, in the provider’s 17
317+professional opinion, after having completed an assessment of the patient’s medical history 18
318+and current medical condition, the patient has a condition: 19
319+
320+ (i) That meets the inclusion criteria and does not meet the exclusion 20
321+criteria of the certifying provider’s application; and 21
322+
323+ (ii) For which the potential benefits of the medical use of cannabis 22
324+would likely outweigh the health risks for the patient; and 23
325+
326+ (3) May include a written statement certifying that, in the provider’s 24
327+professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the 25
328+medical needs of the qualifying patient. 26
329+
330+ SECTION 2. AND BE IT FURTHER ENACTED, That: 27
331+
332+ (a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with 28
333+the State Department of Agriculture and representatives of , one representative from the 29
334+Maryland Hemp Coalition, one representative from the Forensic Sciences Division in the 30 8 SENATE BILL 788
335+
336+
337+Department of State Police, one representative from the U.S. Cannabis Council, and one 1
338+representative from the Maryland Health Alternatives Association, shall study and make 2
339+recommendations on the classification and regulation of tetrahydrocannabinols, other than 3
340+delta–9–tetrahydrocannabinol, that are artificially, synthetically, or naturally derived, and 4
341+manufactured products containing delta–8– and delta–10–tetrahydrocannabinol. 5
342+
343+ (b) On or before January 1, 2023, the Natalie M. LaPrade Medical Cannabis 6
344+Commission shall report its findings and recommendations to the Governor and, in 7
345+accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, 8
346+the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the 9
347+House Health and Government Operations Committee. 10
348+
349+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 11
350+measure, is necessary for the immediate preservation of the public health or safety, has 12
351+been passed by a yea and nay vote supported by three–fifths of all the members elected to 13
352+each of the two Houses of the General Assembly, and shall take effect from the date it is 14
353+enacted shall take effect July 1, 2022. 15
354+
355+
356+
357+
358+Approved:
359+________________________________________________________________________________
360+ Governor.
361+________________________________________________________________________________
362+ President of the Senate.
363+________________________________________________________________________________
364+ Speaker of the House of Delegates.