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.
*hb0135*
HOUSE BILL 135
E1 3lr0475
CF SB 946
By: Delegates Moon and Williams
Introduced and read first time: January 13, 2023
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2023
CHAPTER ______
AN ACT concerning 1
Controlled Dangerous Substances – Volume Dealers and Drug Kingpins – 2
Cannabis 3
Criminal Law – Controlled Dangerous Substances and Firearms 4
FOR the purpose of specifying that manufacturing, distributing, dispensing, or possessing 5
certain large quantities of certain controlled dangerous substances is a felony; 6
altering the penalties for being a volume dealer and drug kingpin with regard to 7
cannabis; authorizing a certain person serving a certain term of confinement for an 8
offense relating to volume dealing in cocaine base or cannabis or drug kingpin with 9
regard to cocaine base or cannabis imposed on or before a certain date to file a certain 10
motion to modify or reduce the sentence under certain circumstances; altering the 11
penalties for certain crimes relating to firearms; authorizing a person at least a 12
certain age to manufacture a personal use amount of cannabis products or 13
concentrated cannabis for personal use or adult sharing at a private residence if the 14
manufacturing process does not involve the use of a volatile solvent; and generally 15
relating to volume dealers and drug kingpins controlled dangerous substances and 16
firearms. 17
BY repealing and reenacting, without amendments, 18
Article – Criminal Law 19
Section 5–101(a) and (u) and 5–602 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2022 Supplement) 22
(As enacted by Chapter 26 of the Acts of the General Assembly of 2022) 23
2 HOUSE BILL 135
BY repealing and reenacting, with amendments, 1
Article – Criminal Law 2
Section 5–612 and 5–613 5–603, 5–612, and 5–613 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2022 Supplement) 5
BY adding to 6
Article – Criminal Law 7
Section 5–612.1 and 5–613.1 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Public Safety 12
Section 5–138, 5–406, and 5–703 13
Annotated Code of Maryland 14
(2022 Replacement Volume) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Criminal Law 18
5–612. 19
(a) A person may not manufacture, distribute, dispense, or possess: 20
(1) 50 pounds or more of cannabis; 21
(2) 448 grams or more of cocaine; 22
(3) 448 grams or more of any mixture containing a detectable amount, as 23
scientifically measured using representative sampling methodology, of cocaine; 24
(4) 448 grams or more of cocaine base, commonly known as “crack”; 25
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 26
or salt of an isomer of morphine or opium; 27
(6) 28 grams or more of any mixture containing a detectable amount, as 28
scientifically measured using representative sampling methodology, of morphine or opium 29
or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 30
(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 31
is scheduled by the United States Drug Enforcement Administration; 32
HOUSE BILL 135 3
(8) 28 grams or more of any mixture containing a detectable amount, as 1
scientifically measured using representative sampling methodology, of fentanyl or any 2
structural variation of fentanyl that is scheduled by the United States Drug Enforcement 3
Administration; 4
(9) 1,000 dosage units or more of lysergic acid diethylamide; 5
(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 6
acid diethylamide; 7
(11) 16 ounces or more of phencyclidine in liquid form; 8
(12) 448 grams or more of any mixture containing a detectable amount, as 9
scientifically measured using representative sampling methodology, of phencyclidine; 10
(13) 448 grams or more of methamphetamine; or 11
(14) 448 grams or more of any mixture containing a detectable amount, as 12
scientifically measured using representative sampling methodology, of methamphetamine. 13
(b) For the purpose of determining the quantity of a controlled dangerous 14
substance involved in individual acts of manufacturing, distributing, dispensing, or 15
possessing under subsection (a) of this section, the acts may be aggregated if each of the 16
acts occurred within a 90–day period. 17
(c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 19
section IS GUILTY OF A FELON Y AND ON CONVICTION shall be sentenced to 20
imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 21
[(2)] (II) The court may not suspend any part of the mandatory minimum 22
sentence of 5 years. 23
[(3)] (III) Except as provided in § 4–305 of the Correctional Services 24
Article, the person is not eligible for parole during the mandatory minimum sentence. 25
(2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 26
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO IMPRISONMENT 27
NOT EXCEEDING 5 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 28
5–612.1. 29
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 30
SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 31
CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 32
BEFORE SEPTEMBER 30, 2017, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 33 4 HOUSE BILL 135
SUBTITLE INVOLVING L ESS THAN 448 GRAMS OF COCAINE BAS E MAY APPLY TO THE 1
COURT TO MODIFY OR R EDUCE THE MA NDATORY MINIMUM SENT ENCE AS PROVIDED 2
IN MARYLAND RULE 4–345, REGARDLESS OF WHETHE R THE DEFENDANT FILE D A 3
TIMELY MOTION FOR RE CONSIDERATION OR A M OTION FOR RECONSIDER ATION WAS 4
DENIED BY THE COURT . 5
(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 6
MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 7
REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 8
DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 9
(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 10
NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 11
(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 12
PROTECTION OF THE PU BLIC. 13
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 14
AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHALL B E FILED WITH 15
THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2024. 16
(2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 17
SEPTEMBER 30, 2024, ONLY FOR GOOD CAUSE SHOWN. 18
(3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 19
FILING OF AN APPLICATI ON. 20
(4) A PERSON MAY NOT FILE MORE THAN ONE APPLIC ATION UNDER 21
SUBSECTION (A) OF THIS SECTION FOR A MANDATORY MINIMUM SENTENCE FOR A 22
VIOLATION OF § 5–612 OF THIS SUBTITLE INV OLVING LESS THAN 448 GRAMS OF 23
COCAINE BASE. 24
(5) THE COURT SHALL HOLD A HEARING ON AN APPLICATION FI LED 25
UNDER SUBSECTION (A) OF THIS SECTION. 26
5–613. 27
(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 28
manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 29
transport in, or bring into the State a controlled dangerous substance. 30
(b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 31
SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 32
transport in, or bring into the State a controlled dangerous substance in an amount listed 33
in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 34 HOUSE BILL 135 5
for not less than 20 years and not exceeding 40 years without the possibility of parole or a 1
fine not exceeding $1,000,000 or both. 2
[(2)] (II) A court may not suspend any part of the mandatory minimum 3
sentence of 20 years. 4
[(3)] (III) The person is not eligible for parole during the mandatory 5
minimum sentence. 6
(2) A DRUG KINGPIN WHO CON SPIRES TO M ANUFACTURE , 7
DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 8
AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELONY A ND ON 9
CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 10 20 YEARS OR A FINE 10
NOT EXCEEDING $100,000 OR BOTH. 11
(c) It is not a defense to a prosecution under this section that the controlled 12
dangerous substance was brought into or transported in the State solely for ultimate 13
distribution or dispensing in another jurisdiction. 14
(d) Notwithstanding any other provision of this title, a conviction under this 15
section does not merge with the conviction for any crime that is the object of the conspiracy. 16
(e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 17
conviction under this section. 18
(f) This section does not: 19
(1) prohibit a court from imposing an enhanced penalty under § 5–905 of 20
this title; or 21
(2) preclude or limit a prosecution for any other crime. 22
5–613.1. 23
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 24
SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 25
CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 26
BEFORE SEPTEMBER 30, 2023, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 27
SUBTITLE INVOLVING C ANNABIS MAY APP LY TO THE COURT TO M ODIFY OR REDUCE 28
THE MANDATORY MINIMU M SENTENCE AS PROVID ED IN MARYLAND RULE 4–345, 29
REGARDLESS OF WHETHE R THE DEFENDANT FILE D A TIMELY MOTION FO R 30
RECONSIDERATION OR A MOTION FOR RECONSIDE RATION WAS DENIED BY THE 31
COURT. 32
6 HOUSE BILL 135
(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 1
MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 2
REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 3
DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 4
(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 5
NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 6
(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 7
PROTECTION OF THE PU BLIC. 8
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 9
AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 10
THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2024. 11
(2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 12
SEPTEMBER 30, 2024, ONLY FOR GOOD CAUSE SHOWN. 13
(3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 14
FILING OF AN APPLICA TION. 15
(4) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 16
UNDER SUBSECTION (A) OF THIS SECTION. 17
(5) IF THE COURT DENIES T HE MOTION, THE PERSON MAY FILE ONE 18
SUBSEQUENT MOTIO N UNDER THIS SECTION NO EARLIER THAN 3 YEARS AFTER THE 19
DENIAL OF THE FIRST MOTION. 20
Article – Public Safety 21
5–138. 22
(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 23
regulated firearm if the person knows or has reasonable cause to believe that the regulated 24
firearm has been stolen. 25
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 26
ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE 27
NOT EXCEEDING $10,000 OR BOTH. 28
(C) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 29
5–406. 30
HOUSE BILL 135 7
(a) (1) Except as provided in § 5–402 of this subtitle, a person may not 1
manufacture for distribution or sale a handgun that is not included on the handgun roster 2
in the State. 3
(2) A person may not sell or offer for sale in the State a handgun 4
manufactured after January 1, 1985, that is not included on the handgun roster. 5
(3) A person may not manufacture, sell, or offer for sale a handgun on 6
which the manufacturer’s identification mark or number is obliterated, removed, changed, 7
or otherwise altered. 8
(b) The Secretary may seek an order from a circuit court to permanently or 9
temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in 10
violation of this section, of a handgun that is not included on the handgun roster. 11
(c) (1) A person who manufactures a handgun for distribution or sale in 12
violation of this section is guilty of a [misdemeanor] FELONY and on conviction is subject 13
to IMPRISONMENT NOT EXC EEDING 5 YEARS OR a fine not exceeding $10,000 OR BOTH 14
for each violation. 15
(2) A person who sells or offers to sell a handgun in violation of this section 16
is guilty of a [misdemeanor] FELONY and on conviction is subject to IMPRISONMENT NOT 17
EXCEEDING 5 YEARS OR a fine not exceeding $2,500 OR BOTH for each violation. 18
(3) For purposes of this subsection, each handgun manufactured, sold, or 19
offered for sale in violation of this [subsection] SECTION is a separate violation. 20
5–703. 21
(a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an 22
unfinished frame or receiver unless it is required by federal law to be, and has been, 23
imprinted with a serial number by a federally licensed firearms manufacturer or federally 24
licensed firearms importer in compliance with all federal laws and regulations applicable 25
to the manufacture and import of firearms. 26
(2) Except as provided in paragraph (1) of this subsection, a person may 27
not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as 28
described under subsection (b) of this section. 29
(b) (1) This subsection does not apply to: 30
(i) possession of a firearm unless a person knew or reasonably 31
should have known that the firearm was not imprinted with a serial number as described 32
under this subsection; 33
(ii) possession of a firearm that does not comply with the marking 34
requirements described under this subsection by a person who received the firearm through 35 8 HOUSE BILL 135
inheritance, and is not otherwise prohibited from possessing the firearm, for a period not 1
exceeding 30 days after inheriting the firearm; or 2
(iii) possession of an unfinished frame or receiver by a person that 3
made or manufactured the unfinished frame or receiver, without the use of any 4
prefabricated parts, and who is not otherwise prohibited from possessing the unfinished 5
frame or receiver, for a period not exceeding 30 days after the person made or manufactured 6
the unfinished frame or receiver. 7
(2) On or after March 1, 2023, a person may not possess a firearm unless: 8
(i) the firearm is required by federal law to be, and has been, 9
imprinted by a federally licensed firearms manufacturer, federally licensed firearms 10
importer, or other federal licensee authorized to provide marking services, with a serial 11
number in compliance with all federal laws and regulations applicable to the manufacture 12
and import of firearms; or 13
(ii) the firearm: 14
1. has been imprinted by a federally licensed firearms dealer, 15
federal firearms manufacturer, or other federal licensee authorized to provide marking 16
services, with: 17
A. the zip code of the current owner or person that made, 18
completed, or initially assembled the firearm; 19
B. the initials of the current owner or person that made, 20
completed, or initially assembled the firearm; and 21
C. a number that does not match a number used by the 22
current owner on another firearm or by the person who made, completed, or initially 23
assembled the firearm on any other firearm that the person has made, completed, or 24
initially assembled; and 25
2. has been registered with the Secretary. 26
(c) (1) A person who violates subsection (a) of this section is guilty of a 27
[misdemeanor] FELONY and ON CONVICTION IS subject to imprisonment not exceeding 5 28
years or a fine not exceeding $10,000 or both. 29
(2) A person who violates subsection (b) of this section is guilty of a 30
misdemeanor and ON CONVICTION IS subject to imprisonment not exceeding 2 years or a 31
fine not exceeding $10,000 or both. 32
(3) Each violation of this section is a separate crime. 33
HOUSE BILL 135 9
(d) A federally licensed firearms dealer or other federal licensee authorized to 1
provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section 2
shall imprint the firearm in compliance with all federal laws and regulations applicable to 3
affixing serial numbers to firearms, including: 4
(1) minimum size and depth requirements; and 5
(2) requirements that the numbers not be readily susceptible to being 6
obliterated, altered, or removed. 7
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8
as follows: 9
Article – Criminal Law 10
5–101. 11
(a) In this title the following words have the meanings indicated. 12
(u) “Personal use amount” means: 13
(1) an amount of usable cannabis that does not exceed 1.5 ounces; 14
(2) an amount of concentrated cannabis that does not exceed 12 grams; 15
(3) an amount of cannabis products containing 16
delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 17
(4) two or fewer cannabis plants. 18
5–602. 19
(a) Except as otherwise provided in this title, a person may not: 20
(1) distribute or dispense a controlled dangerous substance; or 21
(2) possess a controlled dangerous substance other than cannabis in 22
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 23
dispense a controlled dangerous substance. 24
(b) (1) Except as otherwise provided in this title, a person may not possess 25
cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 26
distribute or dispense cannabis. 27
(2) Possession of the civil use amount of cannabis or the personal use 28
amount of cannabis without other evidence of an intent to distribute or dispense does not 29
constitute a violation of paragraph (1) of this subsection. 30 10 HOUSE BILL 135
(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 1
between persons who are 21 years of age or older without remuneration. 2
(ii) “Adult sharing” does not include instances in which: 3
1. cannabis is given away contemporaneously with another 4
reciprocal transaction between the same parties; 5
2. a gift of cannabis is offered or advertised in conjunction 6
with an offer for the sale of goods or services; or 7
3. a gift of cannabis is contingent on a separate reciprocal 8
transaction for goods or services. 9
(2) This section does not prohibit, and no civil or criminal penalty may be 10
imposed for, adult sharing of the personal use amount of cannabis. 11
5–603. 12
(a) Except as otherwise provided in this title, a person may not manufacture a 13
controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 14
a machine, equipment, instrument, implement, device, or a combination of them that is 15
adapted to produce a controlled dangerous substance other than cannabis under 16
circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 17
controlled dangerous substance other than cannabis in violation of this title. 18
(b) Except as otherwise provided in this title, a person may not cultivate or grow 19
cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 20
machine, equipment, an instrument, an implement, a device, or a combination of them that 21
is adapted to produce cannabis or a cannabis product under circumstances that reasonably 22
indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 23
violation of this title. 24
(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 25
MEANINGS INDICATED . 26
(II) “ADULT SHARING ” HAS THE MEANING STAT ED IN § 27
5–602(C)(1) OF THIS SUBTITLE. 28
(III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 29
PRODUCES A FLAMMABLE GAS OR VAPOR THAT , WHEN PRESENT IN THE AIR IN 30
SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIV E OR IGNITABLE MIXTU RES. 31
2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 32
AND PROPANE . 33 HOUSE BILL 135 11
(2) A PERSON WHO IS AT LEA ST 21 YEARS OLD MAY MANUFA CTURE A 1
PERSONAL USE AMOUNT OF CANNABIS PRODUCTS OR CONCENTRATED CANN ABIS 2
FOR PERSONAL USE OR ADULT SHARING AT A P RIVATE RESIDENCE IF THE 3
MANUFACTURING PROCES S DOES NOT INVOLVE THE U SE OF A VOLATILE SOL VENT. 4
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 5
effect October 1, 2023, contingent on the taking effect of Section 4 of Chapter 26 of the Acts 6
of the General Assembly of 2022, and if Section 4 of Chapter 26 does not take effect, Section 7
2 of this Act, with no further action required by the General Assembly, shall be null and 8
void. 9
SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 10
Section 3 of this Act, this Act shall take effect October 1, 2023. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.