EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0790*
HOUSE BILL 790
A3, J1 4lr1067
HB 685/23 – HGO CF SB 347
By: Delegates Buckel, Hinebaugh, Hornberger, Miller, and T. Morgan
Introduced and read first time: January 31, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Medical Cannabis – Employees in Health Care Settings Caring for Qualifying 2
Patients 3
FOR the purpose of authorizing designated medical personnel to administer medical 4
cannabis to qualifying patients only under certain circumstances; providing that 5
designated medical personnel are not required to register with the Maryland 6
Cannabis Administration; exempting designated medical personnel from civil and 7
criminal penalties relating to the administration of medical cannabis; and generally 8
relating to medical cannabis and designated medical personnel. 9
BY repealing and reenacting, without amendments, 10
Article – Alcoholic Beverages and Cannabis 11
Section 36–101(a) 12
Annotated Code of Maryland 13
(2016 Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Alcoholic Beverages and Cannabis 16
Section 36–101(l), 36–302(a) and (c), and 36–1201(6) and (7) 17
Annotated Code of Maryland 18
(2016 Volume and 2023 Supplement) 19
BY adding to 20
Article – Alcoholic Beverages and Cannabis 21
Section 36–302(j) and 36–1201(8) 22
Annotated Code of Maryland 23
(2016 Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 790
Article – Alcoholic Beverages and Cannabis 1
36–101. 2
(a) In this title the following words have the meanings indicated. 3
(l) (1) “Caregiver” means: 4
(i) an individual who has agreed to assist with a qualifying patient’s 5
medical use of cannabis; and 6
(ii) for a qualifying patient under the age of 18 years: 7
1. a parent or legal guardian; and 8
2. not more than two additional adults designated by the 9
parent or legal guardian. 10
(2) “Caregiver” does not include any: 11
(I) designated school personnel authorized to administer medical 12
cannabis to a student in accordance with the guidelines established under § 7–446 of the 13
Education Article; OR 14
(II) DESIGNATED MEDICAL P ERSONNEL AUTHORIZED TO 15
ADMINISTER MEDICAL CANNABIS TO QUALIFYING PATIENTS UNDER § 36–302 OF 16
THIS TITLE. 17
36–302. 18
(a) (1) A qualifying patient or caregiver may obtain medical cannabis from a 19
dispensary licensed by the Administration. 20
(2) A QUALIFYING PATIENT M AY OBTAIN MEDICAL CA NNABIS 21
THROUGH DESIGNATED M EDICAL PERSONNEL AUT HORIZED TO ADMINISTE R 22
MEDICAL CANNABIS TO A QUALIFYING PATIENT IN ACCORDANCE WITH S UBSECTION 23
(J) OF THIS SECTION. 24
(c) A qualifying patient under the age of 18 years may obtain medical cannabis 25
only through: 26
(1) the qualifying patient’s caregiver; [or] 27
(2) any designated school personnel authorized to administer medical 28
cannabis to a student in accordance with the guidelines established under § 7–446 of the 29
Education Article; OR 30 HOUSE BILL 790 3
(3) DESIGNATED MEDICAL PERSONNEL AUTHORIZED TO ADMINISTER 1
MEDICAL CANNABIS TO A QUALIFYING PATIENT IN ACCORDANCE WITH S UBSECTION 2
(J) OF THIS SECTION . 3
(J) (1) IN THIS SUBSECTION , “DESIGNATED MEDICAL P ERSONNEL” 4
MEANS EMPLOYEES : 5
(I) WHO ARE EMPLOYED BY : 6
1. AN ASSISTED LI VING FACILITY, AS DEFINED IN § 7
19–1801 OF THE HEALTH – GENERAL ARTICLE; 8
2. AN INTERMEDIATE CARE FACILITY FOR INDIVID UALS 9
WITH AN INTELLECTUAL DISABILITY; 10
3. A HOME HEALTH AGENCY , AS DEFINED IN § 19–401 OF 11
THE HEALTH – GENERAL ARTICLE; 12
4. A HOSPICE CARE PROGRAM ; 13
5. A RELATED INSTITUTIO N, AS DEFINED IN § 19–301 OF 14
THE HEALTH – GENERAL ARTICLE; OR 15
6. A RESIDENTIAL SERVIC E AGENCY, AS DEFINED IN § 16
19–4A–01 OF THE HEALTH – GENERAL ARTICLE; 17
(II) WHO HAVE BEEN DESIGN ATED IN WRITING TO PROVIDE 18
CARE TO QUALIFYING P ATIENTS BY ENTITIES LISTED UNDER ITEM (I) OF THIS 19
PARAGRAPH ; 20
(III) FOR WHOM THE QUALIFY ING PATIENTS HAVE AU THORIZED 21
THE DESIGNATION UNDE R ITEM (II) OF THIS PARAGRAPH ; AND 22
(IV) WHO HAVE SIGNIFICANT RESPONSIBILITY FOR M ANAGING 23
THE HEALTH CARE AND WELL–BEING OF THE QUALIFY ING PATIENTS. 24
(2) DESIGNATED MEDICAL PE RSONNEL: 25
(I) MAY ADMINISTER MEDIC AL CANNABIS TO QUALI FYING 26
PATIENTS ONLY IF THE MEDICAL CANNABIS IS : 27
1. OBTAINED THROUGH THE QUALIFYING PATIENT ’S 28 4 HOUSE BILL 790
CAREGIVER; AND 1
2. ADMINISTERED IN ACCO RDANCE WITH DOSING , 2
TIMING, AND DELIVERY ROUTE I NSTRUCTIONS PROVIDED IN THE CERTIFYING 3
PROVIDER’S WRITTEN INSTRUCTIO NS; AND 4
(II) ARE NOT REQUIRED TO REGISTER WITH THE 5
ADMINISTRATION UNDER THIS SUBTITLE. 6
36–1201. 7
The following persons acting in accordance with the provisions of this title may not 8
be subject to arrest, prosecution, revocation of mandatory supervision, parole, or probation, 9
or any civil or administrative penalty, including a civil penalty or disciplinary action by a 10
professional licensing board, or be denied any right or privilege, for the use of or possession 11
of cannabis that is authorized under this title: 12
(6) a hospital, medical facility, or hospice program where a qualifying 13
patient is receiving treatment; [or] 14
(7) designated school personnel authorized to administer medical cannabis 15
to a student in accordance with the guidelines established under § 7–446 of the Education 16
Article unless the act or omission constitutes gross negligence or wanton or willful 17
misconduct; OR 18
(8) DESIGNATED MEDICAL P ERSONNEL AUTHORIZED TO ADMINISTER 19
MEDICAL CANNABIS TO A QUALIFYING PATIENT UNDER § 36–302 OF THIS TITLE 20
UNLESS THE ACT OR OM ISSION CONSTITUTES G ROSS NEGLIGENCE OR W ANTON OR 21
WILLFUL MISCONDUCT . 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2024. 24