Maryland 2023 Regular Session

Maryland House Bill HB685 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 MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0685
6	6
7	7	HOUSE BILL 685
8	8	J1 3lr2221
9	9	CF SB 523
10	10	By: Delegates Buckel, Chisholm, Ghrist, Hinebaugh, Hornberger, Miller, and
11	11	T. Morgan
12	12	Introduced and read first time: February 6, 2023
13	13	Assigned to: Health and Government Operations
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Medical Cannabis – Employees in Health Care Settings Caring for Qualifying 2
20	20	Patients – Exemption 3
21	21
22	22	FOR the purpose of exempting, from certain restrictions on the number of patients 4
23	23	qualifying for the use of medical cannabis who may be served by a caregiver, 5
24	24	employees of certain health care providers or facilities designated to care for 6
25	25	qualifying patients under certain circumstances; and generally relating to medical 7
26	26	cannabis and caregivers of qualifying patients. 8
27	27
28	28	BY repealing and reenacting, without amendments, 9
29	29	Article – Health – General 10
30	30	Section 13–3301(a) 11
31	31	Annotated Code of Maryland 12
32	32	(2019 Replacement Volume and 2022 Supplement) 13
33	33
34	34	BY repealing and reenacting, with amendments, 14
35	35	Article – Health – General 15
36	36	Section 13–3301(c) and 13–3304(g)(6) 16
37	37	Annotated Code of Maryland 17
38	38	(2019 Replacement Volume and 2022 Supplement) 18
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
41	41	That the Laws of Maryland read as follows: 20
42	42
43	43	Article – Health – General 21
44	44
45	45	13–3301. 22
46	46
47	47	(a) In this subtitle the following words have the meanings indicated. 23
48	48	2 HOUSE BILL 685
49	49
50	50
51	51	(c) (1) “Caregiver” means: 1
52	52
53	53	(i) A person who has agreed to assist with a qualifying patient’s 2
54	54	medical use of cannabis; and 3
55	55
56	56	(ii) For a qualifying patient under the age of 18 years: 4
57	57
58	58	1. A parent or legal guardian; and 5
59	59
60	60	2. Not more than two additional adults designated by the 6
61	61	parent or legal guardian. 7
62	62
63	63	(2) “Caregiver” INCLUDES AN INDIVIDU AL: 8
64	64
65	65	(I) WHO IS EMPLOYED BY : 9
66	66
67	67	1. AN ASSISTED LIVING FA CILITY, AS DEFINED IN § 10
68	68	19–1801 OF THIS ARTICLE; 11
69	69
70	70	2. AN INTERMEDIATE CARE FACILITY FOR INDIVID UALS 12
71	71	WITH AN INTELLECTUAL DISABILITY; 13
72	72
73	73	3. A HOME HEALTH AGENCY , AS DEFINED IN § 19–401 OF 14
74	74	THIS ARTICLE; 15
75	75
76	76	4. A HOSPICE CARE PROGRAM ; 16
77	77
78	78	5. A RELATED INSTITUTION , AS DEFINED IN § 19–301 OF 17
79	79	THIS ARTICLE; OR 18
80	80
81	81	6. A RESIDENTIAL SERVICE AGENCY, AS DEFINED IN § 19
82	82	19–4A–01 OF THIS ARTICLE; 20
83	83
84	84	(II) WHO HAS BEEN DESIGNAT ED IN WRITING TO PRO VIDE CARE 21
85	85	TO A QUALIFYING PATIENT BY AN ENTITY LISTED UND ER ITEM (I) OF THIS 22
86	86	PARAGRAPH ; 23
87	87
88	88	(III) FOR WHOM THE QUALIFYI NG PATIENT HAS AUTHO RIZED 24
89	89	THE DESIGNATION UNDE R ITEM (II) OF THIS PARAGRAPH ; AND 25
90	90
91	91	(IV) WHO HAS SIGNIFICANT R ESPONSIBILITY FOR MA NAGING 26
92	92	THE HEALTH CARE AND WELL–BEING OF THE QUALIFY ING PATIENT. 27
93	93	HOUSE BILL 685 3
94	94
95	95
96	96	(3) “CAREGIVER” does not include any designated school personnel 1
97	97	authorized to administer medical cannabis to a student in accordance with the guidelines 2
98	98	established under § 7–446 of the Education Article. 3
99	99
100	100	13–3304. 4
101	101
102	102	(g) (6) (i) THIS PARAGRAPH DOES N OT APPLY TO A CAREGI VER AS 5
103	103	DEFINED IN § 13–3301(C)(2) OF THIS SUBTITLE . 6
104	104
105	105	(II) A caregiver may serve no more than five qualifying patients at 7
106	106	any time. 8
107	107
108	108	[(ii)] (III) Except as provided in subparagraph [(iii)] (IV) of this 9
109	109	paragraph, a qualifying patient may have no more than two caregivers. 10
110	110
111	111	[(iii)] (IV) A qualifying patient under the age of 18 years may have 11
112	112	no more than four caregivers. 12
113	113
114	114	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 13
115	115	October 1, 2023. 14
116	116