EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0523*
SENATE BILL 523
J1 3lr2218
CF HB 685
By: Senator McKay
Introduced and read first time: February 3, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Medical Cannabis – Employees in Health Care Settings Caring for Qualifying 2
Patients – Exemption 3
FOR the purpose of exempting, from certain restrictions on the number of patients 4
qualifying for the use of medical cannabis who may be served by a caregiver, 5
employees of certain health care providers or facilities designated to care for 6
qualifying patients under certain circumstances; and generally relating to medical 7
cannabis and caregivers of qualifying patients. 8
BY repealing and reenacting, without amendments, 9
Article – Health – General 10
Section 13–3301(a) 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2022 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Health – General 15
Section 13–3301(c) and 13–3304(g)(6) 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2022 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Health – General 21
13–3301. 22
(a) In this subtitle the following words have the meanings indicated. 23
(c) (1) “Caregiver” means: 24 2 SENATE BILL 523
(i) A person who has agreed to assist with a qualifying patient’s 1
medical use of cannabis; and 2
(ii) For a qualifying patient under the age of 18 years: 3
1. A parent or legal guardian; and 4
2. Not more than two additional adults designated by the 5
parent or legal guardian. 6
(2) “Caregiver” INCLUDES AN INDIVIDUAL: 7
(I) WHO IS EMPLOYED BY : 8
1. AN ASSISTED LIVING FA CILITY, AS DEFINED IN § 9
19–1801 OF THIS ARTICLE; 10
2. AN INTERMEDIATE CARE FACILITY FOR INDIVIDUALS 11
WITH AN INTELLECTUAL DISABIL ITY; 12
3. A HOME HEALTH AGENCY , AS DEFINED IN § 19–401 OF 13
THIS ARTICLE; 14
4. A HOSPICE CARE PROGRAM; 15
5. A RELATED INSTITUTION , AS DEFINED IN § 19–301 OF 16
THIS ARTICLE; OR 17
6. A RESIDENTIAL SERVICE AGENCY, AS DEFINED IN § 18
19–4A–01 OF THIS ARTICLE; 19
(II) WHO HAS BEEN DESIGNATED I N WRITING TO PROVIDE CARE 20
TO A QUALIFYING PATI ENT BY AN ENTITY LIS TED UNDER ITEM (I) OF THIS 21
PARAGRAPH ; 22
(III) FOR WHOM THE QUALIF YING PATIENT HAS AUTHORIZED 23
THE DESIGNATION UNDE R ITEM (II) OF THIS PARAGRAPH ; AND 24
(IV) WHO HAS SIGNIFICANT RESPO NSIBILITY FOR MANAGI NG 25
THE HEALTH CARE AND WELL–BEING OF THE QUALIFYING PATIEN T. 26
SENATE BILL 523 3
(3) “CAREGIVER” does not include any designated school personnel 1
authorized to administer medical cannabis to a student in accordance with the guidelines 2
established under § 7–446 of the Education Article. 3
13–3304. 4
(g) (6) (i) THIS PARAGRAPH DOES N OT APPLY TO A CAREGI VER AS 5
DEFINED IN § 13–3301(C)(2) OF THIS SUBTITLE . 6
(II) A caregiver may serve no more than five qualifying patients at 7
any time. 8
[(ii)] (III) Except as provided in subparagraph [(iii)] (IV) of this 9
paragraph, a qualifying patient may have no more than two caregivers. 10
[(iii)] (IV) A qualifying patient under the age of 18 years may have 11
no more than four caregivers. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2023. 14