Maryland 2024 Regular Session

Maryland Senate Bill SB347 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	sb0347
6	6
7	7	SENATE BILL 347
8	8	A3, J1 4lr1066
9	9	CF 4lr1067
10	10	By: Senator McKay
11	11	Introduced and read first time: January 15, 2024
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 3
20	20
21	21	FOR the purpose of authorizing designated medical personnel to administer medical 4
22	22	cannabis to qualifying patients only under certain circumstances; providing that 5
23	23	designated medical personnel are not required to register with the Maryland 6
24	24	Cannabis Administration; exempting designated medical personnel from civil and 7
25	25	criminal penalties relating to the administration of medical cannabis; and generally 8
26	26	relating to medical cannabis and designated medical personnel. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Alcoholic Beverages and Cannabis 11
30	30	Section 36–101(a) 12
31	31	Annotated Code of Maryland 13
32	32	(2016 Volume and 2023 Supplement) 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – Alcoholic Beverages and Cannabis 16
36	36	Section 36–101(l), 36–302(a) and (c), and 36–1201(6) and (7) 17
37	37	Annotated Code of Maryland 18
38	38	(2016 Volume and 2023 Supplement) 19
39	39
40	40	BY adding to 20
41	41	Article – Alcoholic Beverages and Cannabis 21
42	42	Section 36–302(j) and 36–1201(8) 22
43	43	Annotated Code of Maryland 23
44	44	(2016 Volume and 2023 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 SENATE BILL 347
49	49
50	50
51	51	Article – Alcoholic Beverages and Cannabis 1
52	52
53	53	36–101. 2
54	54
55	55	(a) In this title the following words have the meanings indicated. 3
56	56
57	57	(l) (1) “Caregiver” means: 4
58	58
59	59	(i) an individual who has agreed to assist with a qualifying patient’s 5
60	60	medical use of cannabis; and 6
61	61
62	62	(ii) for a qualifying patient under the age of 18 years: 7
63	63
64	64	1. a parent or legal guardian; and 8
65	65
66	66	2. not more than two additional adults designated by the 9
67	67	parent or legal guardian. 10
68	68
69	69	(2) “Caregiver” does not include any: 11
70	70
71	71	(I) designated school personnel authorized to administer medical 12
72	72	cannabis to a student in accordance with the guidelines established under § 7–446 of the 13
73	73	Education Article; OR 14
74	74
75	75	(II) DESIGNATED MEDICAL P ERSONNEL AUTHORIZED TO 15
76	76	ADMINISTER MEDICAL C ANNABIS TO QUALIFYIN G PATIENTS UNDER § 36–302 OF 16
77	77	THIS TITLE. 17
78	78
79	79	36–302. 18
80	80
81	81	(a) (1) A qualifying patient or caregiver may obtain medical cannabis from a 19
82	82	dispensary licensed by the Administration. 20
83	83
84	84	(2) A QUALIFYING PATIENT M AY OBTAIN MEDICAL CA NNABIS 21
85	85	THROUGH DESIGNATED M EDICAL PERSONNEL AUT HORIZED TO ADMINISTE R 22
86	86	MEDICAL CANNABIS TO A QUALIFYING PATIENT IN ACCO RDANCE WITH SUBSECTI ON 23
87	87	(J) OF THIS SECTION. 24
88	88
89	89	(c) A qualifying patient under the age of 18 years may obtain medical cannabis 25
90	90	only through: 26
91	91
92	92	(1) the qualifying patient’s caregiver; [or] 27
93	93
94	94	(2) any designated school personnel authorized to administer medical 28
95	95	cannabis to a student in accordance with the guidelines established under § 7–446 of the 29
96	96	Education Article; OR 30 SENATE BILL 347 3
97	97
98	98
99	99
100	100	(3) DESIGNATED MEDICAL P ERSONNEL AUTHORIZED TO ADMINISTER 1
101	101	MEDICAL CANNABIS TO A QUALIFYING PATIENT IN ACCORDANCE WITH SUBSECTION 2
102	102	(J) OF THIS SECTION. 3
103	103
104	104	(J) (1) IN THIS SUBSECTION , “DESIGNATED MEDICAL P ERSONNEL” 4
105	105	MEANS EMPLOYEES : 5
106	106
107	107	(I) WHO ARE EMPLOYED BY : 6
108	108
109	109	1. AN ASSISTED LIVING F ACILITY, AS DEFINED IN § 7
110	110	19–1801 OF THE HEALTH – GENERAL ARTICLE; 8
111	111
112	112	2. AN INTERMEDIATE CARE FA CILITY FOR INDIVIDUA LS 9
113	113	WITH AN INTELLECTUAL DISABILITY; 10
114	114
115	115	3. A HOME HEALTH AGENCY , AS DEFINED IN § 19–401 OF 11
116	116	THE HEALTH – GENERAL ARTICLE; 12
117	117
118	118	4. A HOSPICE CARE PROGR AM; 13
119	119
120	120	5. A RELATED INSTITUTIO N, AS DEFINED IN § 19–301 OF 14
121	121	THE HEALTH – GENERAL ARTICLE; OR 15
122	122
123	123	6. A RESIDENTIAL SERVIC E AGENCY, AS DEFINED IN § 16
124	124	19–4A–01 OF THE HEALTH – GENERAL ARTICLE; 17
125	125
126	126	(II) WHO HAVE BEEN DESIGN ATED IN WRITING TO PROVIDE 18
127	127	CARE TO QUALIFYING P ATIENTS BY ENTITIES LISTED UNDER ITEM (I) OF THIS 19
128	128	PARAGRAPH; 20
129	129
130	130	(III) FOR WHOM THE QUALIFY ING PATIENTS HAVE AU THORIZED 21
131	131	THE DESIGNATION UNDE R ITEM (II) OF THIS PARAGRAPH ; AND 22
132	132
133	133	(IV) WHO HAVE SIGNIFICANT RESPONSIBILITY FOR M ANAGING 23
134	134	THE HEALTH CARE AND WELL–BEING OF THE QUALIFY ING PATIENTS. 24
135	135
136	136	(2) DESIGNATED MEDICAL PERSONNEL : 25
137	137
138	138	(I) MAY ADMINISTER MEDIC AL CANNABIS TO QUALI FYING 26
139	139	PATIENTS ONLY IF THE MEDICAL CANNABIS IS : 27
140	140
141	141	1. OBTAINED THROUGH THE QUALIFYING PATIENT ’S 28 4 SENATE BILL 347
142	142
143	143
144	144	CAREGIVER; AND 1
145	145
146	146	2. ADMINISTERED IN ACCO RDANCE WITH DOSING , 2
147	147	TIMING, AND DELIVERY ROUTE INSTRUCTIONS PROVIDE D IN THE CERTIFYING 3
148	148	PROVIDER’S WRITTEN INSTRUCTIO NS; AND 4
149	149
150	150	(II) ARE NOT REQUIRED TO REGISTER WITH THE 5
151	151	ADMINISTRATION UNDER THIS SUBTITLE. 6
152	152
153	153	36–1201. 7
154	154
155	155	The following persons acting in accordance with the provisions of this title may not 8
156	156	be subject to arrest, prosecution, revocation of mandatory supervision, parole, or probation, 9
157	157	or any civil or administrative penalty, including a civil penalty or disciplinary action by a 10
158	158	professional licensing board, or be denied any right or privilege, for the use of or possession 11
159	159	of cannabis that is authorized under this title: 12
160	160
161	161	(6) a hospital, medical facility, or hospice program where a qualifying 13
162	162	patient is receiving treatment; [or] 14
163	163
164	164	(7) designated school personnel authorized to administer medical cannabis 15
165	165	to a student in accordance with the guidelines established under § 7–446 of the Education 16
166	166	Article unless the act or omission constitutes gross negligence or wanton or willful 17
167	167	misconduct; OR 18
168	168
169	169	(8) DESIGNATED MEDICAL P ERSONNEL AUTHORIZED TO ADMINISTER 19
170	170	MEDICAL CANNABIS TO A QUALIFYING PATIENT UNDER § 36–302 OF THIS TITLE 20
171	171	UNLESS THE ACT OR OM ISSION CONSTITUTES G ROSS NEGLIGENCE OR W ANTON OR 21
172	172	WILLFUL MISCONDUCT . 22
173	173
174	174	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
175	175	October 1, 2024. 24