Maryland 2023 Regular Session

Maryland House Bill HB506 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0506
6	6
7	7	HOUSE BILL 506
8	8	E1 3lr1728
9	9
10	10	By: Delegates Grammer and Moon
11	11	Introduced and read first time: January 30, 2023
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Law – Manufacturing of Controlled Dangerous Substances – Cannabis 2
19	19	Products and Concentrated Cannabis 3
20	20
21	21	FOR the purpose of authorizing a person at least a certain age to manufacture a personal 4
22	22	use amount of cannabis products or concentrated cannabis for personal use or adult 5
23	23	sharing at a private residence if the manufacturing process does not involve the use 6
24	24	of a volatile solvent; and generally relating to manufacturing of cannabis products 7
25	25	and concentrated cannabis. 8
26	26
27	27	BY repealing and reenacting, without amendments, 9
28	28	Article – Criminal Law 10
29	29	Section 5–101(a) and (u) and 5–602 11
30	30	Annotated Code of Maryland 12
31	31	(2021 Replacement Volume and 2022 Supplement) 13
32	32	(As enacted by Section 4 of Chapter 26 of the Acts of the General Assembly of 2022) 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – Criminal Law 16
36	36	Section 5–603 17
37	37	Annotated Code of Maryland 18
38	38	(2021 Replacement Volume and 2022 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Criminal Law 22
44	44
45	45	5–101. 23
46	46
47	47	(a) In this title the following words have the meanings indicated. 24
48	48	2 HOUSE BILL 506
49	49
50	50
51	51	(u) “Personal use amount” means: 1
52	52
53	53	(1) an amount of usable cannabis that does not exceed 1.5 ounces; 2
54	54
55	55	(2) an amount of concentrated cannabis that does not exceed 12 grams; 3
56	56
57	57	(3) an amount of cannabis products containing 4
58	58	delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 5
59	59
60	60	(4) two or fewer cannabis plants. 6
61	61
62	62	5–602. 7
63	63
64	64	(a) Except as otherwise provided in this title, a person may not: 8
65	65
66	66	(1) distribute or dispense a controlled dangerous substance; or 9
67	67
68	68	(2) possess a controlled dangerous substance other than cannabis in 10
69	69	sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 11
70	70	dispense a controlled dangerous substance. 12
71	71
72	72	(b) (1) Except as otherwise provided in this title, a person may not possess 13
73	73	cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 14
74	74	distribute or dispense cannabis. 15
75	75
76	76	(2) Possession of the civil use amount of cannabis or the personal use 16
77	77	amount of cannabis without other evidence of an intent to distribute or dispense does not 17
78	78	constitute a violation of paragraph (1) of this subsection. 18
79	79
80	80	(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 19
81	81	between persons who are 21 years of age or older without remuneration. 20
82	82
83	83	(ii) “Adult sharing” does not include instances in which: 21
84	84
85	85	1. cannabis is given away contemporaneously with another 22
86	86	reciprocal transaction between the same parties; 23
87	87
88	88	2. a gift of cannabis is offered or advertised in conjunction 24
89	89	with an offer for the sale of goods or services; or 25
90	90
91	91	3. a gift of cannabis is contingent on a separate reciprocal 26
92	92	transaction for goods or services. 27
93	93
94	94	(2) This section does not prohibit, and no civil or criminal penalty may be 28
95	95	imposed for, adult sharing of the personal use amount of cannabis. 29
96	96
97	97	5–603. 30 HOUSE BILL 506 3
98	98
99	99
100	100
101	101	(a) Except as otherwise provided in this title, a person may not manufacture a 1
102	102	controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 2
103	103	a machine, equipment, instrument, implement, device, or a combination of them that is 3
104	104	adapted to produce a controlled dangerous substance other than cannabis under 4
105	105	circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 5
106	106	controlled dangerous substance other than cannabis in violation of this title. 6
107	107
108	108	(b) Except as otherwise provided in this title, a person may not cultivate or grow 7
109	109	cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 8
110	110	machine, equipment, an instrument, an implement, a device, or a combination of them that 9
111	111	is adapted to produce cannabis or a cannabis product under circumstances that reasonably 10
112	112	indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 11
113	113	violation of this title. 12
114	114
115	115	(C) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE 13
116	116	MEANINGS INDICATED . 14
117	117
118	118	(II) “ADULT SHARING ” HAS THE MEANING STATED IN § 15
119	119	5–602(C)(1) OF THIS SUBTITLE. 16
120	120
121	121	(III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 17
122	122	PRODUCES A FLAMMABLE GAS OR VAPOR THAT , WHEN PRESENT IN THE AIR IN 18
123	123	SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIV E OR IGNITABLE MIXTU RES. 19
124	124
125	125	2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 20
126	126	AND PROPANE . 21
127	127
128	128	(2) A PERSON WHO IS AT LEAST 21 YEARS OLD MAY MANUFACTURE A 22
129	129	PERSONAL USE AMOUNT OF CANNABI S PRODUCTS OR CONCENTRATED CANNABIS 23
130	130	FOR PERSONAL USE OR ADULT SHARING AT A P RIVATE RESIDENCE IF THE 24
131	131	MANUFACTURING PROCES S DOES NOT INVOLVE T HE USE OF A VOLATILE SOLVENT . 25
132	132
133	133	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
134	134	October 1, 2023, contingent on the taking effect of Section 4 of Chapter 26 of the Acts of the 27
135	135	General Assembly of 2022, and if Section 4 of Chapter 26 does not take effect, this Act, with 28
136	136	no further action required by the General Assembly, shall be null and void. 29