EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0506*
HOUSE BILL 506
E1 3lr1728
By: Delegates Grammer and Moon
Introduced and read first time: January 30, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Manufacturing of Controlled Dangerous Substances – Cannabis 2
Products and Concentrated Cannabis 3
FOR the purpose of authorizing a person at least a certain age to manufacture a personal 4
use amount of cannabis products or concentrated cannabis for personal use or adult 5
sharing at a private residence if the manufacturing process does not involve the use 6
of a volatile solvent; and generally relating to manufacturing of cannabis products 7
and concentrated cannabis. 8
BY repealing and reenacting, without amendments, 9
Article – Criminal Law 10
Section 5–101(a) and (u) and 5–602 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2022 Supplement) 13
(As enacted by Section 4 of Chapter 26 of the Acts of the General Assembly of 2022) 14
BY repealing and reenacting, with amendments, 15
Article – Criminal Law 16
Section 5–603 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 20
That the Laws of Maryland read as follows: 21
Article – Criminal Law 22
5–101. 23
(a) In this title the following words have the meanings indicated. 24
2 HOUSE BILL 506
(u) “Personal use amount” means: 1
(1) an amount of usable cannabis that does not exceed 1.5 ounces; 2
(2) an amount of concentrated cannabis that does not exceed 12 grams; 3
(3) an amount of cannabis products containing 4
delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 5
(4) two or fewer cannabis plants. 6
5–602. 7
(a) Except as otherwise provided in this title, a person may not: 8
(1) distribute or dispense a controlled dangerous substance; or 9
(2) possess a controlled dangerous substance other than cannabis in 10
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 11
dispense a controlled dangerous substance. 12
(b) (1) Except as otherwise provided in this title, a person may not possess 13
cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 14
distribute or dispense cannabis. 15
(2) Possession of the civil use amount of cannabis or the personal use 16
amount of cannabis without other evidence of an intent to distribute or dispense does not 17
constitute a violation of paragraph (1) of this subsection. 18
(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 19
between persons who are 21 years of age or older without remuneration. 20
(ii) “Adult sharing” does not include instances in which: 21
1. cannabis is given away contemporaneously with another 22
reciprocal transaction between the same parties; 23
2. a gift of cannabis is offered or advertised in conjunction 24
with an offer for the sale of goods or services; or 25
3. a gift of cannabis is contingent on a separate reciprocal 26
transaction for goods or services. 27
(2) This section does not prohibit, and no civil or criminal penalty may be 28
imposed for, adult sharing of the personal use amount of cannabis. 29
5–603. 30 HOUSE BILL 506 3
(a) Except as otherwise provided in this title, a person may not manufacture a 1
controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 2
a machine, equipment, instrument, implement, device, or a combination of them that is 3
adapted to produce a controlled dangerous substance other than cannabis under 4
circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 5
controlled dangerous substance other than cannabis in violation of this title. 6
(b) Except as otherwise provided in this title, a person may not cultivate or grow 7
cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 8
machine, equipment, an instrument, an implement, a device, or a combination of them that 9
is adapted to produce cannabis or a cannabis product under circumstances that reasonably 10
indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 11
violation of this title. 12
(C) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE 13
MEANINGS INDICATED . 14
(II) “ADULT SHARING ” HAS THE MEANING STATED IN § 15
5–602(C)(1) OF THIS SUBTITLE. 16
(III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 17
PRODUCES A FLAMMABLE GAS OR VAPOR THAT , WHEN PRESENT IN THE AIR IN 18
SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIV E OR IGNITABLE MIXTU RES. 19
2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 20
AND PROPANE . 21
(2) A PERSON WHO IS AT LEAST 21 YEARS OLD MAY MANUFACTURE A 22
PERSONAL USE AMOUNT OF CANNABI S PRODUCTS OR CONCENTRATED CANNABIS 23
FOR PERSONAL USE OR ADULT SHARING AT A P RIVATE RESIDENCE IF THE 24
MANUFACTURING PROCES S DOES NOT INVOLVE T HE USE OF A VOLATILE SOLVENT . 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2023, contingent on the taking effect of Section 4 of Chapter 26 of the Acts of the 27
General Assembly of 2022, and if Section 4 of Chapter 26 does not take effect, this Act, with 28
no further action required by the General Assembly, shall be null and void. 29