EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0413*
HOUSE BILL 413
E1, A3 5lr0723
HB 346/24 – JUD
By: Delegates Moon and Clippinger
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Controlled Dangerous Substances and Firearms 2
FOR the purpose of authorizing a person who is at least a certain age to manufacture a 3
personal use amount of cannabis products or concentrated cannabis for personal use 4
or adult sharing at a private residence if the manufacturing process does not involve 5
the use of a volatile solvent; specifying that manufacturing, distributing, dispensing, 6
or possessing certain large quantities of certain controlled dangerous substances is 7
a felony; altering the penalties for being a volume dealer and drug kingpin with 8
regard to cannabis; authorizing a certain person serving a certain term of 9
confinement imposed on or before a certain date for an offense relating to volume 10
dealing in cocaine base or cannabis or being a drug kingpin with regard to cocaine 11
base or cannabis to file a certain motion to modify or reduce the sentence under 12
certain circumstances; altering the penalties for certain crimes relating to firearms; 13
and generally relating to controlled dangerous substances and firearms. 14
BY repealing and reenacting, without amendments, 15
Article – Criminal Law 16
Section 5–101(a) and (u) and 5–602 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Criminal Law 21
Section 5–603, 5–612, and 5–613 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2024 Supplement) 24
BY adding to 25
Article – Criminal Law 26
Section 5–612.1 and 5–613.1 27
Annotated Code of Maryland 28 2 HOUSE BILL 413
(2021 Replacement Volume and 2024 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Public Safety 3
Section 5–138, 5–140, 5–406, and 5–703 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2024 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Criminal Law 9
5–101. 10
(a) In this title the following words have the meanings indicated. 11
(u) “Personal use amount” means: 12
(1) an amount of usable cannabis that does not exceed 1.5 ounces; 13
(2) an amount of concentrated cannabis that does not exceed 12 grams; 14
(3) an amount of cannabis products containing 15
delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 16
(4) two or fewer cannabis plants. 17
5–602. 18
(a) Except as otherwise provided in this title, a person may not: 19
(1) distribute or dispense a controlled dangerous substance; or 20
(2) possess a controlled dangerous substance other than cannabis in 21
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 22
dispense a controlled dangerous substance. 23
(b) (1) Except as otherwise provided in this title, a person may not possess 24
cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 25
distribute or dispense cannabis. 26
(2) Possession of the civil use amount of cannabis or the personal use 27
amount of cannabis without other evidence of an intent to distribute or dispense does not 28
constitute a violation of paragraph (1) of this subsection. 29
HOUSE BILL 413 3
(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 1
between persons who are 21 years of age or older without remuneration. 2
(ii) “Adult sharing” does not include instances in which: 3
1. cannabis is given away contemporaneously with another 4
reciprocal transaction between the same parties; 5
2. a gift of cannabis is offered or advertised in conjunction 6
with an offer for the sale of goods or services; or 7
3. a gift of cannabis is contingent on a separate reciprocal 8
transaction for goods or services. 9
(2) This section does not prohibit, and no civil or criminal penalty may be 10
imposed for, adult sharing of the personal use amount of cannabis. 11
5–603. 12
(a) Except as otherwise provided in this title, a person may not manufacture a 13
controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 14
a machine, equipment, instrument, implement, device, or a combination of them that is 15
adapted to produce a controlled dangerous substance other than cannabis under 16
circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 17
controlled dangerous substance other than cannabis in violation of this title. 18
(b) Except as otherwise provided in this title, a person may not cultivate or grow 19
cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 20
machine, equipment, an instrument, an implement, a device, or a combination of them that 21
is adapted to produce cannabis or a cannabis product under circumstances that reasonably 22
indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 23
violation of this title. 24
(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 25
MEANINGS INDICATED . 26
(II) “ADULT SHARING ” HAS THE MEANING STAT ED IN § 27
5–602(C)(1) OF THIS SUBTITLE. 28
(III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 29
PRODUCES A FLAMMABLE GAS OR VAPOR THAT , WHEN PRESENT IN THE AIR IN 30
SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIV E OR IGNITABLE MIXTURES . 31
2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 32
AND PROPANE . 33
4 HOUSE BILL 413
(2) A PERSON WHO IS AT LEA ST 21 YEARS OLD MAY MANUFA CTURE A 1
PERSONAL USE AMOUNT OF CANNABIS PRODUCTS OR CONCENTRATED CANN ABIS 2
FOR PERSONAL USE OR ADULT SHARING AT A PRIVATE RESIDENCE IF THE 3
MANUFACTURING PROCES S DOES NOT INVOLVE T HE USE OF A VOLATILE SOLVENT. 4
5–612. 5
(a) A person may not manufacture, distribute, dispense, or possess: 6
(1) 50 pounds or more of cannabis; 7
(2) 448 grams or more of cocaine; 8
(3) 448 grams or more of any mixture containing a detectable amount, as 9
scientifically measured using representative sampling methodology, of cocaine; 10
(4) 448 grams or more of cocaine base, commonly known as “crack”; 11
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 12
or salt of an isomer of morphine or opium; 13
(6) 28 grams or more of any mixture containing a detectable amount, as 14
scientifically measured using representative sampling methodology, of morphine or opium 15
or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 16
(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 17
is scheduled by the United States Drug Enforcement Administration; 18
(8) 28 grams or more of any mixture containing a detectable amount, as 19
scientifically measured using representative sampling methodology, of fentanyl or any 20
structural variation of fentanyl that is scheduled by the United States Drug Enforcement 21
Administration; 22
(9) 1,000 dosage units or more of lysergic acid diethylamide; 23
(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 24
acid diethylamide; 25
(11) 16 ounces or more of phencyclidine in liquid form; 26
(12) 448 grams or more of any mixture containing a detectable amount, as 27
scientifically measured using representative sampling methodology, of phencyclidine; 28
(13) 448 grams or more of methamphetamine; or 29
(14) 448 grams or more of any mixture containing a detectable amount, as 30
scientifically measured using representative sampling methodology, of methamphetamine. 31 HOUSE BILL 413 5
(b) For the purpose of determining the quantity of a controlled dangerous 1
substance involved in individual acts of manufacturing, distributing, dispensing, or 2
possessing under subsection (a) of this section, the acts may be aggregated if each of the 3
acts occurred within a 90–day period. 4
(c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 5
SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 6
section IS GUILTY OF A FELON Y AND ON CONVICTION shall be sentenced to 7
imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 8
[(2)] (II) The court may not suspend any part of the mandatory minimum 9
sentence of 5 years. 10
[(3)] (III) Except as provided in § 4–305 of the Correctional Services 11
Article, the person is not eligible for parole during the mandatory minimum sentence. 12
(2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 13
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPRIS ONMENT 14
NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 15
5–612.1. 16
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 17
SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 18
CONFINEMENT THAT INC LUDES A MANDATORY MINIMU M SENTENCE IMPOSED O N OR 19
BEFORE SEPTEMBER 30, 2017, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 20
SUBTITLE INVOLVING L ESS THAN 448 GRAMS OF COCAINE BAS E MAY APPLY TO THE 21
COURT TO MODIFY OR R EDUCE THE MANDATORY MINIMUM SENTENCE AS PROVIDED 22
IN MARYLAND RULE 4–345, REGARDLESS OF WHETHE R THE DEFENDANT FILE D A 23
TIMELY MOTION FOR RE CONSIDERATION OR A M OTION FOR RECONSIDER ATION WAS 24
DENIED BY THE COURT . 25
(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 26
MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 27
REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 28
DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 29
(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 30
NOT RESULT IN SUBSTA NTIAL INJUSTICE TO THE DEFEN DANT; AND 31
(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 32
PROTECTION OF THE PU BLIC. 33
6 HOUSE BILL 413
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1
AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 2
THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2026. 3
(2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 4
SEPTEMBER 30, 2026, ONLY FOR GOOD CAUSE SHOWN. 5
(3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 6
FILING OF AN APPLICA TION. 7
(4) A PERSON MAY NOT FILE MORE THAN ONE APPLIC ATION UNDER 8
SUBSECTION (A) OF THIS SECTION FOR A MANDATORY MINIMUM SENTENCE FOR A 9
VIOLATION OF § 5–612 OF THIS SUBTITLE INV OLVING LESS THAN 448 GRAMS OF 10
COCAINE BASE. 11
(5) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 12
UNDER SUBSECTION (A) OF THIS SECTION. 13
5–613. 14
(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 15
manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 16
transport in, or bring into the State a controlled dangerous substance. 17
(b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 19
transport in, or bring into the State a controlled dangerous substance in an amount listed 20
in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 21
for not less than 20 years and not exceeding 40 years without the possibility of parole or a 22
fine not exceeding $1,000,000 or both. 23
[(2)] (II) A court may not suspend any part of the mandatory minimum 24
sentence of 20 years. 25
[(3)] (III) The person is not eligible for parole during the mandatory 26
minimum sentence. 27
(2) A DRUG KINGPIN WHO CON SPIRES TO MANUFACTUR E, 28
DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 29
AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELON Y AND ON 30
CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 20 YEARS OR A FINE 31
NOT EXCEEDING $100,000 OR BOTH. 32
HOUSE BILL 413 7
(c) It is not a defense to a prosecution under this section that the controlled 1
dangerous substance was brought into or transported in the State solely for ultimate 2
distribution or dispensing in another jurisdiction. 3
(d) Notwithstanding any other provision of this title, a conviction under this 4
section does not merge with the conviction for any crime that is the object of the conspiracy. 5
(e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 6
conviction under this section. 7
(f) This section does not: 8
(1) prohibit a court from imposing an enhanced penalty under § 5–905 of 9
this title; or 10
(2) preclude or limit a prosecution for any other crime. 11
5–613.1. 12
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 13
SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 14
CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 15
BEFORE SEPTEMBER 30, 2025, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 16
SUBTITLE INVOLVING C ANNABIS MAY APPLY TO THE COURT TO MODIFY OR REDUCE 17
THE MANDATORY MINIMU M SENTENCE AS PROVID ED IN MARYLAND RULE 4–345, 18
REGARDLESS OF WHETHE R THE DEFENDANT FILE D A TIMELY MOTION FO R 19
RECONSIDERATION OR A MOTION FOR RECONSIDERATION WAS DENIED BY THE 20
COURT. 21
(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 22
MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 23
REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 24
DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 25
(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 26
NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 27
(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 28
PROTECTION OF THE PUBLIC . 29
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 30
AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 31
THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2026. 32
8 HOUSE BILL 413
(2) THE COURT MAY CONSIDE R AN APPLICAT ION FILED AFTER 1
SEPTEMBER 30, 2026, ONLY FOR GOOD CAUSE SHOWN. 2
(3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 3
FILING OF AN APPLICA TION. 4
(4) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 5
UNDER SUBSECTION (A) OF THIS SECTION. 6
(5) IF THE COURT DENIES THE MOTION, THE PERSON MAY FILE ONE 7
SUBSEQUENT MOTION UN DER THIS SECTION NOT EARLIER THAN 3 YEARS AFTER 8
THE DENIAL OF THE FI RST MOTION. 9
Article – Public Safety 10
5–138. 11
(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 12
regulated firearm if the person knows or has reasonable cause to believe that the regulated 13
firearm has been stolen. 14
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 15
ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE 16
NOT EXCEEDING $10,000 OR BOTH. 17
(C) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 18
5–140. 19
(a) A dealer or other person may not transport a regulated firearm into the State 20
for the purpose of unlawfully selling or trafficking of the regulated firearm. 21
(b) A person who violates this section is guilty of a [misdemeanor] FELONY and 22
on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 23
$25,000 or both. 24
(c) Each violation of this section is a separate crime. 25
5–406. 26
(a) (1) Except as provided in § 5–402 of this subtitle, a person may not 27
manufacture for distribution or sale a handgun that is not included on the handgun roster 28
in the State. 29
(2) A person may not sell or offer for sale in the State a handgun 30
manufactured after January 1, 1985, that is not included on the handgun roster. 31 HOUSE BILL 413 9
(3) A person may not manufacture, sell, or offer for sale a handgun on 1
which the manufacturer’s identification mark or number is obliterated, removed, changed, 2
or otherwise altered. 3
(b) The Secretary may seek an order from a circuit court to permanently or 4
temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in 5
violation of this section, of a handgun that is not included on the handgun roster. 6
(c) (1) A person who manufactures a handgun for distribution or sale in 7
violation of this section is guilty of a [misdemeanor] FELONY and on conviction is subject 8
to IMPRISONMENT NOT EXC EEDING 5 YEARS OR a fine not exceeding $10,000 OR BOTH 9
for each violation. 10
(2) A person who sells or offers to sell a handgun in violation of this section 11
is guilty of a [misdemeanor] FELONY and on conviction is subject to IMPRISONMENT NOT 12
EXCEEDING 5 YEARS OR a fine not exceeding $2,500 OR BOTH for each violation. 13
(3) For purposes of this subsection, each handgun manufactured, sold, or 14
offered for sale in violation of this [subsection] SECTION is a separate violation. 15
5–703. 16
(a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an 17
unfinished frame or receiver unless it is required by federal law to be, and has been, 18
imprinted with a serial number by a federally licensed firearms manufacturer or federally 19
licensed firearms importer in compliance with all federal laws and regulations applicable 20
to the manufacture and import of firearms. 21
(2) Except as provided in paragraph (1) of this subsection, a person may 22
not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as 23
described under subsection (b) of this section. 24
(b) (1) This subsection does not apply to: 25
(i) possession of a firearm unless a person knew or reasonably 26
should have known that the firearm was not imprinted with a serial number as described 27
under this subsection; 28
(ii) possession of a firearm that does not comply with the marking 29
requirements described under this subsection by a person who received the firearm through 30
inheritance, and is not otherwise prohibited from possessing the firearm, for a period not 31
exceeding 30 days after inheriting the firearm; or 32
(iii) possession of an unfinished frame or receiver by a person that 33
made or manufactured the unfinished frame or receiver, without the use of any 34
prefabricated parts, and who is not otherwise prohibited from possessing the unfinished 35 10 HOUSE BILL 413
frame or receiver, for a period not exceeding 30 days after the person made or manufactured 1
the unfinished frame or receiver. 2
(2) On or after March 1, 2023, a person may not possess a firearm unless: 3
(i) the firearm is required by federal law to be, and has been, 4
imprinted by a federally licensed firearms manufacturer, federally licensed firearms 5
importer, or other federal licensee authorized to provide marking services, with a serial 6
number in compliance with all federal laws and regulations applicable to the manufacture 7
and import of firearms; or 8
(ii) the firearm: 9
1. has been imprinted by a federally licensed firearms dealer, 10
federal firearms manufacturer, or other federal licensee authorized to provide marking 11
services, with: 12
A. the zip code of the current owner or person that made, 13
completed, or initially assembled the firearm; 14
B. the initials of the current owner or person that made, 15
completed, or initially assembled the firearm; and 16
C. a number that does not match a number used by the 17
current owner on another firearm or by the person who made, completed, or initially 18
assembled the firearm on any other firearm that the person has made, completed, or 19
initially assembled; and 20
2. has been registered with the Secretary. 21
(c) (1) A person who violates subsection (a) of this section is guilty of a 22
[misdemeanor] FELONY and on conviction is subject to imprisonment not exceeding 5 years 23
or a fine not exceeding $10,000 or both. 24
(2) A person who violates subsection (b) of this section is guilty of a 25
misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 26
not exceeding $10,000 or both. 27
(3) Each violation of this section is a separate crime. 28
(d) A federally licensed firearms dealer or other federal licensee authorized to 29
provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section 30
shall imprint the firearm in compliance with all federal laws and regulations applicable to 31
affixing serial numbers to firearms, including: 32
(1) minimum size and depth requirements; and 33
HOUSE BILL 413 11
(2) requirements that the numbers not be readily susceptible to being 1
obliterated, altered, or removed. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4