Maryland 2023 Regular Session

Maryland Senate Bill SB523 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	sb0523
6	6
7	7	SENATE BILL 523
8	8	J1 3lr2218
9	9	CF HB 685
10	10	By: Senator McKay
11	11	Introduced and read first time: February 3, 2023
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Medical Cannabis – Employees in Health Care Settings Caring for Qualifying 2
19	19	Patients – Exemption 3
20	20
21	21	FOR the purpose of exempting, from certain restrictions on the number of patients 4
22	22	qualifying for the use of medical cannabis who may be served by a caregiver, 5
23	23	employees of certain health care providers or facilities designated to care for 6
24	24	qualifying patients under certain circumstances; and generally relating to medical 7
25	25	cannabis and caregivers of qualifying patients. 8
26	26
27	27	BY repealing and reenacting, without amendments, 9
28	28	Article – Health – General 10
29	29	Section 13–3301(a) 11
30	30	Annotated Code of Maryland 12
31	31	(2019 Replacement Volume and 2022 Supplement) 13
32	32
33	33	BY repealing and reenacting, with amendments, 14
34	34	Article – Health – General 15
35	35	Section 13–3301(c) and 13–3304(g)(6) 16
36	36	Annotated Code of Maryland 17
37	37	(2019 Replacement Volume and 2022 Supplement) 18
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
40	40	That the Laws of Maryland read as follows: 20
41	41
42	42	Article – Health – General 21
43	43
44	44	13–3301. 22
45	45
46	46	(a) In this subtitle the following words have the meanings indicated. 23
47	47
48	48	(c) (1) “Caregiver” means: 24 2 SENATE BILL 523
49	49
50	50
51	51
52	52	(i) A person who has agreed to assist with a qualifying patient’s 1
53	53	medical use of cannabis; and 2
54	54
55	55	(ii) For a qualifying patient under the age of 18 years: 3
56	56
57	57	1. A parent or legal guardian; and 4
58	58
59	59	2. Not more than two additional adults designated by the 5
60	60	parent or legal guardian. 6
61	61
62	62	(2) “Caregiver” INCLUDES AN INDIVIDUAL: 7
63	63
64	64	(I) WHO IS EMPLOYED BY : 8
65	65
66	66	1. AN ASSISTED LIVING FA CILITY, AS DEFINED IN § 9
67	67	19–1801 OF THIS ARTICLE; 10
68	68
69	69	2. AN INTERMEDIATE CARE FACILITY FOR INDIVIDUALS 11
70	70	WITH AN INTELLECTUAL DISABIL ITY; 12
71	71
72	72	3. A HOME HEALTH AGENCY , AS DEFINED IN § 19–401 OF 13
73	73	THIS ARTICLE; 14
74	74
75	75	4. A HOSPICE CARE PROGRAM; 15
76	76
77	77	5. A RELATED INSTITUTION , AS DEFINED IN § 19–301 OF 16
78	78	THIS ARTICLE; OR 17
79	79
80	80	6. A RESIDENTIAL SERVICE AGENCY, AS DEFINED IN § 18
81	81	19–4A–01 OF THIS ARTICLE; 19
82	82
83	83	(II) WHO HAS BEEN DESIGNATED I N WRITING TO PROVIDE CARE 20
84	84	TO A QUALIFYING PATI ENT BY AN ENTITY LIS TED UNDER ITEM (I) OF THIS 21
85	85	PARAGRAPH ; 22
86	86
87	87	(III) FOR WHOM THE QUALIF YING PATIENT HAS AUTHORIZED 23
88	88	THE DESIGNATION UNDE R ITEM (II) OF THIS PARAGRAPH ; AND 24
89	89
90	90	(IV) WHO HAS SIGNIFICANT RESPO NSIBILITY FOR MANAGI NG 25
91	91	THE HEALTH CARE AND WELL–BEING OF THE QUALIFYING PATIEN T. 26
92	92	SENATE BILL 523 3
93	93
94	94
95	95	(3) “CAREGIVER” does not include any designated school personnel 1
96	96	authorized to administer medical cannabis to a student in accordance with the guidelines 2
97	97	established under § 7–446 of the Education Article. 3
98	98
99	99	13–3304. 4
100	100
101	101	(g) (6) (i) THIS PARAGRAPH DOES N OT APPLY TO A CAREGI VER AS 5
102	102	DEFINED IN § 13–3301(C)(2) OF THIS SUBTITLE . 6
103	103
104	104	(II) A caregiver may serve no more than five qualifying patients at 7
105	105	any time. 8
106	106
107	107	[(ii)] (III) Except as provided in subparagraph [(iii)] (IV) of this 9
108	108	paragraph, a qualifying patient may have no more than two caregivers. 10
109	109
110	110	[(iii)] (IV) A qualifying patient under the age of 18 years may have 11
111	111	no more than four caregivers. 12
112	112
113	113	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
114	114	October 1, 2023. 14