Maryland 2023 Regular Session

Maryland House Bill HB135 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
4	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	5		hb0135
9	6
10	7		HOUSE BILL 135
11	8		E1 3lr0475
12		-	~~CF SB 946~~
	9	+
13	10		By: Delegates Moon and Williams
14	11		Introduced and read first time: January 13, 2023
15	12		Assigned to: Judiciary
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 9, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Controlled Dangerous Substances – Volume Dealers and Drug Kingpins – 2
25	19		Cannabis 3
26		-	Criminal Law – Controlled Dangerous Substances and Firearms 4
27	20
28		-	FOR the purpose of specifying that manufacturing, distributing, dispensing, or possessing 5
29		-	certain large quantities of certain controlled dangerous substances is a felony; 6
30		-	altering the penalties for being a volume dealer and drug kingpin with regard to 7
31		-	cannabis; authorizing a certain person serving a certain term of confinement for an 8
32		-	offense relating to volume dealing in cocaine base or cannabis or drug kingpin with 9
33		-	regard to cocaine base or cannabis imposed on or before a certain date to file a certain 10
34		-	motion to modify or reduce the sentence under certain circumstances; altering the 11
35		-	penalties for certain crimes relating to firearms; authorizing a person at least a 12
36		-	certain age to manufacture a personal use amount of cannabis products or 13
37		-	concentrated cannabis for personal use or adult sharing at a private residence if the 14
38		-	manufacturing process does not involve the use of a volatile solvent; and generally 15
39		-	relating to volume dealers and drug kingpins controlled dangerous substances and 16
40		-	firearms. 17
	21	+	FOR the purpose of specifying that manufacturing, distributing, dispensing, or possessing 4
	22	+	certain large quantities of certain controlled dangerous substances is a felony; 5
	23	+	altering the penalties for being a volume dealer and drug kingpin with regard to 6
	24	+	cannabis; and generally relating to volume dealers and drug kingpins. 7
41	25
42		-	BY repealing and reenacting, without amendments, 18
43		-	Article – Criminal Law 19
44		-	Section 5–101(a) and (u) and 5–602 20
45		-	Annotated Code of Maryland 21
46		-	(2021 Replacement Volume and 2022 Supplement) 22
47		-	(As enacted by Chapter 26 of the Acts of the General Assembly of 2022) 23
48		-	2 HOUSE BILL 135
	26	+	BY repealing and reenacting, with amendments, 8
	27	+	Article – Criminal Law 9
	28	+	Section 5–612 and 5–613 10
	29	+	Annotated Code of Maryland 11
	30	+	(2021 Replacement Volume and 2022 Supplement) 12
	31	+
	32	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
	33	+	That the Laws of Maryland read as follows: 14
	34	+
	35	+	Article – Criminal Law 15
	36	+
	37	+	5–612. 16
	38	+
	39	+	(a) A person may not manufacture, distribute, dispense, or possess: 17
	40	+
	41	+	(1) 50 pounds or more of cannabis; 18
	42	+
	43	+	(2) 448 grams or more of cocaine; 19
	44	+
	45	+	(3) 448 grams or more of any mixture containing a detectable amount, as 20
	46	+	scientifically measured using representative sampling methodology, of cocaine; 21
	47	+
	48	+	(4) 448 grams or more of cocaine base, commonly known as “crack”; 22 2 HOUSE BILL 135
49	49
50	50
51		-	BY repealing and reenacting, with amendments, 1
52		-	Article – Criminal Law 2
53		-	Section 5–612 and 5–613 5–603, 5–612, and 5–613 3
54		-	Annotated Code of Maryland 4
55		-	(2021 Replacement Volume and 2022 Supplement) 5
56	51
57		-	BY adding to 6
58		-	Article – Criminal Law 7
59		-	Section 5–612.1 and 5–613.1 8
60		-	Annotated Code of Maryland 9
61		-	(2021 Replacement Volume and 2022 Supplement) 10
	52	+	(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 1
	53	+	or salt of an isomer of morphine or opium; 2
62	54
63		-	BY repealing and reenacting, with amendments, 11
64		-	Article – Public Safety 12
65		-	Section 5–138, 5–406, and 5–703 13
66		-	Annotated Code of Maryland 14
67		-	(2022 Replacement Volume) 15
	55	+	(6) 28 grams or more of any mixture containing a detectable amount, as 3
	56	+	scientifically measured using representative sampling methodology, of morphine or opium 4
	57	+	or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 5
68	58
69		-	~~SECTION 1.~~ ~~BE IT ENACTED BY THE GENERAL ASSEMBLY~~ OF ~~MARYLAND, 16~~
70		-	~~That~~ the ~~Laws of Maryland read as follows:~~ 17
	59	+	(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 6
	60	+	is scheduled by the United States Drug Enforcement Administration; 7
71	61
72		-	Article – Criminal Law 18
	62	+	(8) 28 grams or more of any mixture containing a detectable amount, as 8
	63	+	scientifically measured using representative sampling methodology, of fentanyl or any 9
	64	+	structural variation of fentanyl that is scheduled by the United States Drug Enforcement 10
	65	+	Administration; 11
73	66
74		-	~~5–612. 19~~
	67	+	(9) 1,000 dosage units or more of lysergic acid diethylamide; 12
75	68
76		-	(a) A person may not manufacture, distribute, dispense, or possess: 20
	69	+	(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 13
	70	+	acid diethylamide; 14
77	71
78		-	(1) ~~50 pounds~~ or more of ~~cannabis~~; 21
	72	+	(11) 16 ounces or more of phencyclidine in liquid form; 15
79	73
80		-	(2) 448 grams or more of cocaine; 22
	74	+	(12) 448 grams or more of any mixture containing a detectable amount, as 16
	75	+	scientifically measured using representative sampling methodology, of phencyclidine; 17
81	76
82		-	(3) 448 grams or more of any mixture containing a detectable amount, as 23
83		-	scientifically measured using representative sampling methodology, of cocaine; 24
	77	+	(13) 448 grams or more of methamphetamine; or 18
84	78
85		-	(4) 448 grams or more of cocaine base, commonly known as “crack”; 25
	79	+	(14) 448 grams or more of any mixture containing a detectable amount, as 19
	80	+	scientifically measured using representative sampling methodology, of methamphetamine. 20
86	81
87		-	(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 26
88		-	or salt of an isomer of morphine or opium; 27
	82	+	(b) For the purpose of determining the quantity of a controlled dangerous 21
	83	+	substance involved in individual acts of manufacturing, distributing, dispensing, or 22
	84	+	possessing under subsection (a) of this section, the acts may be aggregated if each of the 23
	85	+	acts occurred within a 90–day period. 24
89	86
90		-	(6) 28 grams or more of any mixture containing a detectable amount, as 28
91		-	scientifically measured using representative sampling methodology, of morphine or opium 29
92		-	or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 30
	87	+	(c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 25
	88	+	SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 26
	89	+	section IS GUILTY OF A FELONY AND ON CONVICTION shall be sentenced to 27
	90	+	imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 28
93	91
94		-	(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 31
95		-	is scheduled by the United States Drug Enforcement Administration; 32
	92	+	[(2)] (II) The court may not suspend any part of the mandatory minimum 29
	93	+	sentence of 5 years. 30
	94	+
	95	+	[(3)] (III) Except as provided in § 4–305 of the Correctional Services 31
	96	+	Article, the person is not eligible for parole during the mandatory minimum sentence. 32
96	97		HOUSE BILL 135 3
97	98
98	99
99		-	(8) 28 grams or more of any mixture containing a detectable amount, as 1
100		-	scientifically measured using representative sampling methodology, of fentanyl or any 2
101		-	structural variation of fentanyl that is scheduled by the United States Drug Enforcement 3
102		-	Administration; 4
	100	+	(2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 1
	101	+	GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 2
	102	+	NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 3
103	103
104		-	~~(9) 1,000 dosage units or more of lysergic acid diethylamide; 5~~
	104	+	5–613. 4
105	105
106		-	(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 6
107		-	acid diethylamide; 7
	106	+	(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 5
	107	+	manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 6
	108	+	transport in, or bring into the State a controlled dangerous substance. 7
108	109
109		-	(11) 16 ounces or more of phencyclidine in liquid form; 8
	110	+	(b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 8
	111	+	SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 9
	112	+	transport in, or bring into the State a controlled dangerous substance in an amount listed 10
	113	+	in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 11
	114	+	for not less than 20 years and not exceeding 40 years without the possibility of parole or a 12
	115	+	fine not exceeding $1,000,000 or both. 13
110	116
111		-	(12) ~~448 grams or more~~ of ~~any mixture containing a detectable amount, as 9~~
112		-	~~scientifically measured using representative sampling methodology,~~ of ~~phencyclidine; 10~~
	117	+	[(2)] (II) A court may not suspend any part of the mandatory minimum 14
	118	+	sentence of 20 years. 15
113	119
114		-	(13) 448 grams or more of methamphetamine; or 11
	120	+	[(3)] (III) The person is not eligible for parole during the mandatory 16
	121	+	minimum sentence. 17
115	122
116		-	(14) 448 grams or more of any mixture containing a detectable amount, as 12
117		-	scientifically measured using representative sampling methodology, of methamphetamine. 13
	123	+	(2) A DRUG KINGPIN WHO CON SPIRES TO MANUFACTUR E, 18
	124	+	DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 19
	125	+	AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELONY AND ON 20
	126	+	CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 10 YEARS OR A FINE 21
	127	+	NOT EXCEEDING $100,000 OR BOTH. 22
118	128
119		-	(b) For the purpose of determining the quantity of a controlled dangerous 14
120		-	substance involved in individual acts of manufacturing, distributing, dispensing, or 15
121		-	possessing under subsection (a) of this section, the acts may be aggregated if each of the 16
122		-	acts occurred within a 90–day period. 17
	129	+	(c) It is not a defense to a prosecution under this section that the controlled 23
	130	+	dangerous substance was brought into or transported in the State solely for ultimate 24
	131	+	distribution or dispensing in another jurisdiction. 25
123	132
124		-	(c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
125		-	SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 19
126		-	section IS GUILTY OF A FELON Y AND ON CONVICTION shall be sentenced to 20
127		-	imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 21
	133	+	(d) Notwithstanding any other provision of this title, a conviction under this 26
	134	+	section does not merge with the conviction for any crime that is the object of the conspiracy. 27
128	135
129		-	~~[(2)]~~ (II) The ~~court may not suspend any part~~ of the ~~mandatory minimum 22~~
130		-	~~sentence of 5 years~~. 23
	136	+	(e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 28
	137	+	conviction under this section. 29
131	138
132		-	[(3)] (III) Except as provided in § 4–305 of the Correctional Services 24
133		-	Article, the person is not eligible for parole during the mandatory minimum sentence. 25
	139	+	(f) This section does not: 30
134	140
135		-	(2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 26
136		-	GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO IMPRISONMENT 27
137		-	NOT EXCEEDING 5 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 28
	141	+	(1) prohibit a court from imposing an enhanced penalty under § 5–905 of 31
	142	+	this title; or 32
138	143
139		-	5–612.1. 29
140		-
141		-	(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 30
142		-	SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 31
143		-	CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 32
144		-	BEFORE SEPTEMBER 30, 2017, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 33 4 HOUSE BILL 135
	144	+	(2) preclude or limit a prosecution for any other crime. 33
	145	+	4 HOUSE BILL 135
145	146
146	147
147		-	SUBTITLE INVOLVING L ESS THAN 448 GRAMS OF COCAINE BAS E MAY APPLY TO THE 1
148		-	COURT TO MODIFY OR R EDUCE THE MA NDATORY MINIMUM SENT ENCE AS PROVIDED 2
149		-	IN MARYLAND RULE 4–345, REGARDLESS OF WHETHE R THE DEFENDANT FILE D A 3
150		-	TIMELY MOTION FOR RE CONSIDERATION OR A M OTION FOR RECONSIDER ATION WAS 4
151		-	DENIED BY THE COURT . 5
152		-
153		-	(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 6
154		-	MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 7
155		-	REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 8
156		-	DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 9
157		-
158		-	(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 10
159		-	NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 11
160		-
161		-	(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 12
162		-	PROTECTION OF THE PU BLIC. 13
163		-
164		-	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 14
165		-	AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHALL B E FILED WITH 15
166		-	THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2024. 16
167		-
168		-	(2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 17
169		-	SEPTEMBER 30, 2024, ONLY FOR GOOD CAUSE SHOWN. 18
170		-
171		-	(3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 19
172		-	FILING OF AN APPLICATI ON. 20
173		-
174		-	(4) A PERSON MAY NOT FILE MORE THAN ONE APPLIC ATION UNDER 21
175		-	SUBSECTION (A) OF THIS SECTION FOR A MANDATORY MINIMUM SENTENCE FOR A 22
176		-	VIOLATION OF § 5–612 OF THIS SUBTITLE INV OLVING LESS THAN 448 GRAMS OF 23
177		-	COCAINE BASE. 24
178		-
179		-	(5) THE COURT SHALL HOLD A HEARING ON AN APPLICATION FI LED 25
180		-	UNDER SUBSECTION (A) OF THIS SECTION. 26
181		-
182		-	5–613. 27
183		-
184		-	(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 28
185		-	manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 29
186		-	transport in, or bring into the State a controlled dangerous substance. 30
187		-
188		-	(b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 31
189		-	SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 32
190		-	transport in, or bring into the State a controlled dangerous substance in an amount listed 33
191		-	in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 34 HOUSE BILL 135 5
192		-
193		-
194		-	for not less than 20 years and not exceeding 40 years without the possibility of parole or a 1
195		-	fine not exceeding $1,000,000 or both. 2
196		-
197		-	[(2)] (II) A court may not suspend any part of the mandatory minimum 3
198		-	sentence of 20 years. 4
199		-
200		-	[(3)] (III) The person is not eligible for parole during the mandatory 5
201		-	minimum sentence. 6
202		-
203		-	(2) A DRUG KINGPIN WHO CON SPIRES TO M ANUFACTURE , 7
204		-	DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 8
205		-	AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELONY A ND ON 9
206		-	CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 10 20 YEARS OR A FINE 10
207		-	NOT EXCEEDING $100,000 OR BOTH. 11
208		-
209		-	(c) It is not a defense to a prosecution under this section that the controlled 12
210		-	dangerous substance was brought into or transported in the State solely for ultimate 13
211		-	distribution or dispensing in another jurisdiction. 14
212		-
213		-	(d) Notwithstanding any other provision of this title, a conviction under this 15
214		-	section does not merge with the conviction for any crime that is the object of the conspiracy. 16
215		-
216		-	(e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 17
217		-	conviction under this section. 18
218		-
219		-	(f) This section does not: 19
220		-
221		-	(1) prohibit a court from imposing an enhanced penalty under § 5–905 of 20
222		-	this title; or 21
223		-
224		-	(2) preclude or limit a prosecution for any other crime. 22
225		-
226		-	5–613.1. 23
227		-
228		-	(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 24
229		-	SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 25
230		-	CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 26
231		-	BEFORE SEPTEMBER 30, 2023, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 27
232		-	SUBTITLE INVOLVING C ANNABIS MAY APP LY TO THE COURT TO M ODIFY OR REDUCE 28
233		-	THE MANDATORY MINIMU M SENTENCE AS PROVID ED IN MARYLAND RULE 4–345, 29
234		-	REGARDLESS OF WHETHE R THE DEFENDANT FILE D A TIMELY MOTION FO R 30
235		-	RECONSIDERATION OR A MOTION FOR RECONSIDE RATION WAS DENIED BY THE 31
236		-	COURT. 32
237		-	6 HOUSE BILL 135
238		-
239		-
240		-	(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 1
241		-	MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 2
242		-	REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 3
243		-	DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 4
244		-
245		-	(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 5
246		-	NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 6
247		-
248		-	(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 7
249		-	PROTECTION OF THE PU BLIC. 8
250		-
251		-	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 9
252		-	AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 10
253		-	THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2024. 11
254		-
255		-	(2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 12
256		-	SEPTEMBER 30, 2024, ONLY FOR GOOD CAUSE SHOWN. 13
257		-
258		-	(3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 14
259		-	FILING OF AN APPLICA TION. 15
260		-
261		-	(4) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 16
262		-	UNDER SUBSECTION (A) OF THIS SECTION. 17
263		-
264		-	(5) IF THE COURT DENIES T HE MOTION, THE PERSON MAY FILE ONE 18
265		-	SUBSEQUENT MOTIO N UNDER THIS SECTION NO EARLIER THAN 3 YEARS AFTER THE 19
266		-	DENIAL OF THE FIRST MOTION. 20
267		-
268		-	Article – Public Safety 21
269		-
270		-	5–138. 22
271		-
272		-	(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 23
273		-	regulated firearm if the person knows or has reasonable cause to believe that the regulated 24
274		-	firearm has been stolen. 25
275		-
276		-	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 26
277		-	ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE 27
278		-	NOT EXCEEDING $10,000 OR BOTH. 28
279		-
280		-	(C) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 29
281		-
282		-	5–406. 30
283		-	HOUSE BILL 135 7
284		-
285		-
286		-	(a) (1) Except as provided in § 5–402 of this subtitle, a person may not 1
287		-	manufacture for distribution or sale a handgun that is not included on the handgun roster 2
288		-	in the State. 3
289		-
290		-	(2) A person may not sell or offer for sale in the State a handgun 4
291		-	manufactured after January 1, 1985, that is not included on the handgun roster. 5
292		-
293		-	(3) A person may not manufacture, sell, or offer for sale a handgun on 6
294		-	which the manufacturer’s identification mark or number is obliterated, removed, changed, 7
295		-	or otherwise altered. 8
296		-
297		-	(b) The Secretary may seek an order from a circuit court to permanently or 9
298		-	temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in 10
299		-	violation of this section, of a handgun that is not included on the handgun roster. 11
300		-
301		-	(c) (1) A person who manufactures a handgun for distribution or sale in 12
302		-	violation of this section is guilty of a [misdemeanor] FELONY and on conviction is subject 13
303		-	to IMPRISONMENT NOT EXC EEDING 5 YEARS OR a fine not exceeding $10,000 OR BOTH 14
304		-	for each violation. 15
305		-
306		-	(2) A person who sells or offers to sell a handgun in violation of this section 16
307		-	is guilty of a [misdemeanor] FELONY and on conviction is subject to IMPRISONMENT NOT 17
308		-	EXCEEDING 5 YEARS OR a fine not exceeding $2,500 OR BOTH for each violation. 18
309		-
310		-	(3) For purposes of this subsection, each handgun manufactured, sold, or 19
311		-	offered for sale in violation of this [subsection] SECTION is a separate violation. 20
312		-
313		-	5–703. 21
314		-
315		-	(a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an 22
316		-	unfinished frame or receiver unless it is required by federal law to be, and has been, 23
317		-	imprinted with a serial number by a federally licensed firearms manufacturer or federally 24
318		-	licensed firearms importer in compliance with all federal laws and regulations applicable 25
319		-	to the manufacture and import of firearms. 26
320		-
321		-	(2) Except as provided in paragraph (1) of this subsection, a person may 27
322		-	not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as 28
323		-	described under subsection (b) of this section. 29
324		-
325		-	(b) (1) This subsection does not apply to: 30
326		-
327		-	(i) possession of a firearm unless a person knew or reasonably 31
328		-	should have known that the firearm was not imprinted with a serial number as described 32
329		-	under this subsection; 33
330		-
331		-	(ii) possession of a firearm that does not comply with the marking 34
332		-	requirements described under this subsection by a person who received the firearm through 35 8 HOUSE BILL 135
333		-
334		-
335		-	inheritance, and is not otherwise prohibited from possessing the firearm, for a period not 1
336		-	exceeding 30 days after inheriting the firearm; or 2
337		-
338		-	(iii) possession of an unfinished frame or receiver by a person that 3
339		-	made or manufactured the unfinished frame or receiver, without the use of any 4
340		-	prefabricated parts, and who is not otherwise prohibited from possessing the unfinished 5
341		-	frame or receiver, for a period not exceeding 30 days after the person made or manufactured 6
342		-	the unfinished frame or receiver. 7
343		-
344		-	(2) On or after March 1, 2023, a person may not possess a firearm unless: 8
345		-
346		-	(i) the firearm is required by federal law to be, and has been, 9
347		-	imprinted by a federally licensed firearms manufacturer, federally licensed firearms 10
348		-	importer, or other federal licensee authorized to provide marking services, with a serial 11
349		-	number in compliance with all federal laws and regulations applicable to the manufacture 12
350		-	and import of firearms; or 13
351		-
352		-	(ii) the firearm: 14
353		-
354		-	1. has been imprinted by a federally licensed firearms dealer, 15
355		-	federal firearms manufacturer, or other federal licensee authorized to provide marking 16
356		-	services, with: 17
357		-
358		-	A. the zip code of the current owner or person that made, 18
359		-	completed, or initially assembled the firearm; 19
360		-
361		-	B. the initials of the current owner or person that made, 20
362		-	completed, or initially assembled the firearm; and 21
363		-
364		-	C. a number that does not match a number used by the 22
365		-	current owner on another firearm or by the person who made, completed, or initially 23
366		-	assembled the firearm on any other firearm that the person has made, completed, or 24
367		-	initially assembled; and 25
368		-
369		-	2. has been registered with the Secretary. 26
370		-
371		-	(c) (1) A person who violates subsection (a) of this section is guilty of a 27
372		-	[misdemeanor] FELONY and ON CONVICTION IS subject to imprisonment not exceeding 5 28
373		-	years or a fine not exceeding $10,000 or both. 29
374		-
375		-	(2) A person who violates subsection (b) of this section is guilty of a 30
376		-	misdemeanor and ON CONVICTION IS subject to imprisonment not exceeding 2 years or a 31
377		-	fine not exceeding $10,000 or both. 32
378		-
379		-	(3) Each violation of this section is a separate crime. 33
380		-	HOUSE BILL 135 9
381		-
382		-
383		-	(d) A federally licensed firearms dealer or other federal licensee authorized to 1
384		-	provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section 2
385		-	shall imprint the firearm in compliance with all federal laws and regulations applicable to 3
386		-	affixing serial numbers to firearms, including: 4
387		-
388		-	(1) minimum size and depth requirements; and 5
389		-
390		-	(2) requirements that the numbers not be readily susceptible to being 6
391		-	obliterated, altered, or removed. 7
392		-
393		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8
394		-	as follows: 9
395		-
396		-	Article – Criminal Law 10
397		-
398		-	5–101. 11
399		-
400		-	(a) In this title the following words have the meanings indicated. 12
401		-
402		-	(u) “Personal use amount” means: 13
403		-
404		-	(1) an amount of usable cannabis that does not exceed 1.5 ounces; 14
405		-
406		-	(2) an amount of concentrated cannabis that does not exceed 12 grams; 15
407		-
408		-	(3) an amount of cannabis products containing 16
409		-	delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 17
410		-
411		-	(4) two or fewer cannabis plants. 18
412		-
413		-	5–602. 19
414		-
415		-	(a) Except as otherwise provided in this title, a person may not: 20
416		-
417		-	(1) distribute or dispense a controlled dangerous substance; or 21
418		-
419		-	(2) possess a controlled dangerous substance other than cannabis in 22
420		-	sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 23
421		-	dispense a controlled dangerous substance. 24
422		-
423		-	(b) (1) Except as otherwise provided in this title, a person may not possess 25
424		-	cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 26
425		-	distribute or dispense cannabis. 27
426		-
427		-	(2) Possession of the civil use amount of cannabis or the personal use 28
428		-	amount of cannabis without other evidence of an intent to distribute or dispense does not 29
429		-	constitute a violation of paragraph (1) of this subsection. 30 10 HOUSE BILL 135
430		-
431		-
432		-
433		-	(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 1
434		-	between persons who are 21 years of age or older without remuneration. 2
435		-
436		-	(ii) “Adult sharing” does not include instances in which: 3
437		-
438		-	1. cannabis is given away contemporaneously with another 4
439		-	reciprocal transaction between the same parties; 5
440		-
441		-	2. a gift of cannabis is offered or advertised in conjunction 6
442		-	with an offer for the sale of goods or services; or 7
443		-
444		-	3. a gift of cannabis is contingent on a separate reciprocal 8
445		-	transaction for goods or services. 9
446		-
447		-	(2) This section does not prohibit, and no civil or criminal penalty may be 10
448		-	imposed for, adult sharing of the personal use amount of cannabis. 11
449		-
450		-	5–603. 12
451		-
452		-	(a) Except as otherwise provided in this title, a person may not manufacture a 13
453		-	controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 14
454		-	a machine, equipment, instrument, implement, device, or a combination of them that is 15
455		-	adapted to produce a controlled dangerous substance other than cannabis under 16
456		-	circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 17
457		-	controlled dangerous substance other than cannabis in violation of this title. 18
458		-
459		-	(b) Except as otherwise provided in this title, a person may not cultivate or grow 19
460		-	cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 20
461		-	machine, equipment, an instrument, an implement, a device, or a combination of them that 21
462		-	is adapted to produce cannabis or a cannabis product under circumstances that reasonably 22
463		-	indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 23
464		-	violation of this title. 24
465		-
466		-	(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 25
467		-	MEANINGS INDICATED . 26
468		-
469		-	(II) “ADULT SHARING ” HAS THE MEANING STAT ED IN § 27
470		-	5–602(C)(1) OF THIS SUBTITLE. 28
471		-
472		-	(III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 29
473		-	PRODUCES A FLAMMABLE GAS OR VAPOR THAT , WHEN PRESENT IN THE AIR IN 30
474		-	SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIV E OR IGNITABLE MIXTU RES. 31
475		-
476		-	2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 32
477		-	AND PROPANE . 33 HOUSE BILL 135 11
478		-
479		-
480		-
481		-	(2) A PERSON WHO IS AT LEA ST 21 YEARS OLD MAY MANUFA CTURE A 1
482		-	PERSONAL USE AMOUNT OF CANNABIS PRODUCTS OR CONCENTRATED CANN ABIS 2
483		-	FOR PERSONAL USE OR ADULT SHARING AT A P RIVATE RESIDENCE IF THE 3
484		-	MANUFACTURING PROCES S DOES NOT INVOLVE THE U SE OF A VOLATILE SOL VENT. 4
485		-
486		-	SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 5
487		-	effect October 1, 2023, contingent on the taking effect of Section 4 of Chapter 26 of the Acts 6
488		-	of the General Assembly of 2022, and if Section 4 of Chapter 26 does not take effect, Section 7
489		-	2 of this Act, with no further action required by the General Assembly, shall be null and 8
490		-	void. 9
491		-
492		-	SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 10
493		-	Section 3 of this Act, this Act shall take effect October 1, 2023. 11
494		-
495		-
496		-
497		-
498		-	Approved:
499		-	________________________________________________________________________________
500		-	Governor.
501		-	________________________________________________________________________________
502		-	Speaker of the House of Delegates.
503		-	________________________________________________________________________________
504		-	President of the Senate.
	148	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	149	+	October 1, 2023. 2