EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0925*
SENATE BILL 925
E1, A3 5lr1688
SB 404/24 – JPR CF HB 413
By: Senator Smith
Introduced and read first time: January 28, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: March 8, 2025
CHAPTER ______
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 2 SENATE BILL 925
(2021 Replacement Volume and 2024 Supplement) 1
BY adding to 2
Article – Criminal Law 3
Section 5–612.1 and 5–613.1 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2024 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Public Safety 8
Section 5–138, 5–140, 5–406, and 5–703 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Criminal Law 14
5–101. 15
(a) In this title the following words have the meanings indicated. 16
(u) “Personal use amount” means: 17
(1) an amount of usable cannabis that does not exceed 1.5 ounces; 18
(2) an amount of concentrated cannabis that does not exceed 12 grams; 19
(3) an amount of cannabis produ cts containing 20
delta–9–tetrahydrocannabinol that does not exceed 750 milligrams; or 21
(4) two or fewer cannabis plants. 22
5–602. 23
(a) Except as otherwise provided in this title, a person may not: 24
(1) distribute or dispense a controlled dangerous substance; or 25
(2) possess a controlled dangerous substance other than cannabis in 26
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 27
dispense a controlled dangerous substance. 28
(b) (1) Except as otherwise provided in this title, a person may not possess 29
cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 30
distribute or dispense cannabis. 31 SENATE BILL 925 3
(2) Possession of the civil use amount of cannabis or the personal use 1
amount of cannabis without other evidence of an intent to distribute or dispense does not 2
constitute a violation of paragraph (1) of this subsection. 3
(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 4
between persons who are 21 years of age or older without remuneration. 5
(ii) “Adult sharing” does not include instances in which: 6
1. cannabis is given away contemporaneously with another 7
reciprocal transaction between the same parties; 8
2. a gift of cannabis is offered or advertised in conjunction 9
with an offer for the sale of goods or services; or 10
3. a gift of cannabis is contingent on a separate reciprocal 11
transaction for goods or services. 12
(2) This section does not prohibit, and no civil or criminal penalty may be 13
imposed for, adult sharing of the personal use amount of cannabis. 14
5–603. 15
(a) Except as otherwise provided in this title, a person may not manufacture a 16
controlled dangerous substance other than cannabis, or manufacture, distribute, or possess 17
a machine, equipment, instrument, implement, device, or a combination of them that is 18
adapted to produce a controlled dangerous substance other than cannabis under 19
circumstances that reasonably indicate an intent to use it to produce, sell, or dispense a 20
controlled dangerous substance other than cannabis in violation of this title. 21
(b) Except as otherwise provided in this title, a person may not cultivate or grow 22
cannabis or manufacture a cannabis product, or manufacture, distribute, or possess a 23
machine, equipment, an instrument, an implement, a device, or a combination of them that 24
is adapted to produce cannabis or a cannabis product under circumstances that reasonably 25
indicate an intent to use it to produce, sell, or dispense cannabis or a cannabis product in 26
violation of this title. 27
(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 28
MEANINGS INDICATED . 29
(II) “ADULT SHARING ” HAS THE MEANING STAT ED IN § 30
5–602(C)(1) OF THIS SUBTITLE. 31
4 SENATE BILL 925
(III) 1. “VOLATILE SOLVENT ” MEANS A SOLVENT THAT IS OR 1
PRODUCES A FLAMMABLE GAS OR VAP OR THAT, WHEN PRESENT IN THE AIR IN 2
SUFFICIENT QUANTITIE S, WILL CREATE EXPLOSIV E OR IGNITABLE MIXTU RES. 3
2. “VOLATILE SOLVENT ” INCLUDES BUTANE , HEXANE, 4
AND PROPANE . 5
(2) A PERSON WHO IS AT LEA ST 21 YEARS OLD MAY MANUFA CTURE A 6
PERSONAL USE AMOUNT OF CANNABIS PRODUCTS OR CONCENTRATED CANNABI S 7
FOR PERSONAL USE OR ADULT SHARING AT A P RIVATE RESIDENCE IF THE 8
MANUFACTURING PROCES S DOES NOT INVOLVE T HE USE OF A VOLATILE SOLVENT. 9
5–612. 10
(a) A person may not manufacture, distribute, dispense, or possess: 11
(1) 50 pounds or more of cannabis; 12
(2) 448 grams or more of cocaine; 13
(3) 448 grams or more of any mixture containing a detectable amount, as 14
scientifically measured using representative sampling methodology, of cocaine; 15
(4) 448 grams or more of cocaine base, commonly known as “crack”; 16
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 17
or salt of an isomer of morphine or opium; 18
(6) 28 grams or more of any mixture containing a detectable amount, as 19
scientifically measured using representative sampling methodology, of morphine or opium 20
or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 21
(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 22
is scheduled by the United States Drug Enforcement Administration; 23
(8) 28 grams or more of any mixture containing a detectable amount, as 24
scientifically measured using representative sampling methodology, of fentanyl or any 25
structural variation of fentanyl that is scheduled by the United States Drug Enforcement 26
Administration; 27
(9) 1,000 dosage units or more of lysergic acid diethylamide; 28
(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 29
acid diethylamide; 30
(11) 16 ounces or more of phencyclidine in liquid form; 31 SENATE BILL 925 5
(12) 448 grams or more of any mixture containing a detectable amount, as 1
scientifically measured using representative sampling methodology, of phencyclidine; 2
(13) 448 grams or more of methamphetamine; or 3
(14) 448 grams or more of any mixture containing a detectable amount, as 4
scientifically measured using representative sampling methodology, of methamphetamine. 5
(b) For the purpose of determining the quantity of a controlled dangerous 6
substance involved in individual acts of manufacturing, distributing, dispensing, or 7
possessing under subsection (a) of this section, the acts may be aggregated if each of the 8
acts occurred within a 90–day period. 9
(c) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 10
SUBSECTION, A person who [is convicted of a violation of] VIOLATES subsection (a) of this 11
section IS GUILTY OF A FELON Y AND ON CONVICTION shall be sentenced to 12
imprisonment for not less than 5 years and is subject to a fine not exceeding $100,000. 13
[(2)] (II) The court may not suspend any part of the mandatory minimum 14
sentence of 5 years. 15
[(3)] (III) Except as provided in § 4–305 of the Correctional Services 16
Article, the person is not eligible for parole during the mandatory minimum sentence. 17
(2) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 18
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 19
NOT EXCEEDING 10 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH. 20
5–612.1. 21
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 22
SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 23
CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 24
BEFORE SEPTEMBER 30, 2017, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 25
SUBTITLE INVOLVING L ESS THAN 448 GRAMS OF COCAINE BASE MAY APPLY TO TH E 26
COURT TO MODIFY OR R EDUCE THE MANDATORY MINIMUM SENTENCE AS PROVIDED 27
IN MARYLAND RULE 4–345, REGARDLESS OF WHETHE R THE DEFENDANT FILE D A 28
TIMELY MOTION FOR RE CONSIDERATION OR A M OTION FOR RECONSIDER ATION WAS 29
DENIED BY THE COURT . 30
(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 31
MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 32
REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 33
DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATIO N: 34 6 SENATE BILL 925
(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 1
NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 2
(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 3
PROTECTION OF THE PU BLIC. 4
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 5
AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHAL L BE FILED WITH 6
THE COURT OR REVIEW PANEL ON OR BEFORE SEPTEMBER 30, 2026. 7
(2) THE COURT MAY CONSIDE R AN APPLICATION FIL ED AFTER 8
SEPTEMBER 30, 2026, ONLY FOR GOOD CAUSE SHOWN. 9
(3) THE COURT SHALL NOTIF Y THE STATE’S ATTORNEY OF THE 10
FILING OF AN APPLICA TION. 11
(4) A PERSON MAY NOT FILE MORE THAN ONE APPLIC ATION UNDER 12
SUBSECTION (A) OF THIS SECTION FOR A MANDATORY MINIMUM SENTENCE FOR A 13
VIOLATION OF § 5–612 OF THIS SUBTITLE INV OLVING LESS THAN 448 GRAMS OF 14
COCAINE BASE. 15
(5) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 16
UNDER SUBSECTION (A) OF THIS SECTION. 17
5–613. 18
(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or 19
manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, 20
transport in, or bring into the State a controlled dangerous substance. 21
(b) (1) (I) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 22
SUBSECTION, A drug kingpin who conspires to manufacture, distribute, dispense, 23
transport in, or bring into the State a controlled dangerous substance in an amount listed 24
in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment 25
for not less than 20 years and not exceeding 40 years without the possibility of parole or a 26
fine not exceeding $1,000,000 or both. 27
[(2)] (II) A court may not suspend any part of the mandatory minimum 28
sentence of 20 years. 29
[(3)] (III) The person is not eligible for parole during the mandatory 30
minimum sentence. 31
SENATE BILL 925 7
(2) A DRUG KINGPIN WHO CON SPIRES TO MANUFACTUR E, 1
DISTRIBUTE, DISPENSE, TRANSPORT IN, OR BRING INTO THE STATE CANNABIS IN AN 2
AMOUNT LISTED IN § 5–612(A)(1) OF THIS SUBTITLE IS GUILTY OF A FELONY A ND ON 3
CONVICTION IS SUBJEC T TO IMPRISONMENT NO T EXCEEDING 20 YEARS OR A FINE 4
NOT EXCEEDING $100,000 OR BOTH. 5
(c) It is not a defense to a prosecution under this section that the controlled 6
dangerous substance was brought into or transported in the State solely for ultimate 7
distribution or dispensing in another jurisdiction. 8
(d) Notwithstanding any other provision of this title, a conviction under this 9
section does not merge with the conviction for any crime that is the object of the conspiracy. 10
(e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a 11
conviction under this section. 12
(f) This section does not: 13
(1) prohibit a court from imposing an enhanced penalty under § 5–905 of 14
this title; or 15
(2) preclude or limit a prosecution for any other crime. 16
5–613.1. 17
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W AND SUBJECT TO 18
SUBSECTION (C) OF THIS SECTION , A PERSON WHO IS SERV ING A TERM OF 19
CONFINEMENT THAT INC LUDES A MANDATORY MI NIMUM SENTENCE IMPOS ED ON OR 20
BEFORE SEPTEMBER 30, 2025, FOR A VIOLATION OF § 5–612 OR § 5–613 OF THIS 21
SUBTITLE INVOLVING C ANNABIS MAY APPLY TO THE COURT TO MODIFY OR REDUCE 22
THE MANDATORY MINIMU M SENTENCE AS PROVID ED IN MARYLAND RULE 4–345, 23
REGARDLESS OF WHETHE R THE DEFENDANT FILE D A TIMELY MOTION FO R 24
RECONSIDERATION OR A MOTION FOR RECONSIDE RATION WAS DENIED BY THE 25
COURT. 26
(B) THE COURT MAY MODIFY THE SENTENCE AND DEP ART FROM THE 27
MANDATORY MINIMUM SE NTENCE UNLESS THE STATE SHOWS THAT , GIVING DUE 28
REGARD TO THE NATURE OF THE CRIME , THE HISTORY AND CHAR ACTER OF THE 29
DEFENDANT , AND THE DEFENDANT ’S CHANCES OF SUCCESS FUL REHABILITATION : 30
(1) RETENTION OF THE MAN DATORY MINIMUM SENTE NCE WOULD 31
NOT RESULT IN SUBSTA NTIAL INJUSTICE TO T HE DEFENDANT ; AND 32
(2) THE MANDATORY MINIMU M SENTENCE IS NECESS ARY FOR THE 33
PROTECTION OF THE PU BLIC. 34 8 SENATE BILL 925
(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 FILED AF TER 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) THE COURT SHALL HOLD A HEARING ON AN APPL ICATION FILED 8
UNDER SUBSECTION (A) OF THIS SECTION. 9
(5) IF THE COURT DENIES T HE MOTION, THE PERSON MAY FILE ONE 10
SUBSEQUENT MOTION UN DER THIS SECTION NOT EARLIER THAN 3 YEARS AFTER 11
THE DENIAL OF THE FI RST MOTION. 12
Article – Public Safety 13
5–138. 14
(A) A person may not possess, sell, transfer, or otherwise dispose of a stolen 15
regulated firearm if the person knows or has reasonable cause to believe that the regulated 16
firearm has been stolen. 17
(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A FELONY AND 18
ON CONVICTION IS SUB JECT TO IMPRISONMENT NOT EXCEEDI NG 5 YEARS OR A FINE 19
NOT EXCEEDING $10,000 OR BOTH. 20
(C) EACH VIOLATION OF THI S SECTION IS A SEPAR ATE CRIME. 21
5–140. 22
(a) A dealer or other person may not transport a regulated firearm into the State 23
for the purpose of unlawfully selling or trafficking of the regulated firearm. 24
(b) A person who violates this section is guilty of a [misdemeanor] FELONY and 25
on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding 26
$25,000 or both. 27
(c) Each violation of this section is a separate crime. 28
5–406. 29
SENATE BILL 925 9
(a) (1) Except as provided in § 5–402 of this subtitle, a person may not 1
manufacture for distribution or sale a handgun that is not included on the handgun roster 2
in the State. 3
(2) A person may not sell or offer for sale in the State a handgun 4
manufactured after January 1, 1985, that is not included on the handgun roster. 5
(3) A person may not manufacture, sell, or offer for sale a handgun on 6
which the manufacturer’s identification mark or number is obliterated, removed, changed, 7
or otherwise altered. 8
(b) The Secretary may seek an order from a circuit court to permanently or 9
temporarily enjoin the willful and continuous manufacture, sale, or offer for sale, in 10
violation of this section, of a handgun that is not included on the handgun roster. 11
(c) (1) A person who manufactures a handgun for distribution or sale in 12
violation of this section is guilty of a [misdemeanor] FELONY and on conviction is subject 13
to IMPRISONMENT NOT EXC EEDING 5 YEARS OR a fine not exceeding $10,000 OR BOTH 14
for each violation. 15
(2) A person who sells or offers to sell a handgun in violation of this section 16
is guilty of a [misdemeanor] FELONY and on conviction is subject to IMPRISONMENT NOT 17
EXCEEDING 5 YEARS OR a fine not exceeding $2,500 OR BOTH for each violation. 18
(3) For purposes of this subsection, each handgun manufactured, sold, or 19
offered for sale in violation of this [subsection] SECTION is a separate violation. 20
5–703. 21
(a) (1) A person may not purchase, receive, sell, offer to sell, or transfer an 22
unfinished frame or receiver unless it is required by federal law to be, and has been, 23
imprinted with a serial number by a federally licensed firearms manufacturer or federally 24
licensed firearms importer in compliance with all federal laws and regulations applicable 25
to the manufacture and import of firearms. 26
(2) Except as provided in paragraph (1) of this subsection, a person may 27
not sell, offer to sell, or transfer a firearm unless it is imprinted with a serial number as 28
described under subsection (b) of this section. 29
(b) (1) This subsection does not apply to: 30
(i) possession of a firearm unless a person knew or reasonably 31
should have known that the firearm was not imprinted with a serial number as described 32
under this subsection; 33
(ii) possession of a firearm that does not comply with the marking 34
requirements described under this subsection by a person who received the firearm through 35 10 SENATE BILL 925
inheritance, and is not otherwise prohibited from possessing the firearm, for a period not 1
exceeding 30 days after inheriting the firearm; or 2
(iii) possession of an unfinished frame or receiver by a person that 3
made or manufactured the unfinished frame or receiver, without the use of any 4
prefabricated parts, and who is not otherwise prohibited from possessing the unfinished 5
frame or receiver, for a period not exceeding 30 days after the person made or manufactured 6
the unfinished frame or receiver. 7
(2) On or after March 1, 2023, a person may not possess a firearm unless: 8
(i) the firearm is required by federal law to be, and has been, 9
imprinted by a federally licensed firearms manufacturer, federally licensed firearms 10
importer, or other federal licensee authorized to provide marking services, with a serial 11
number in compliance with all federal laws and regulations applicable to the manufacture 12
and import of firearms; or 13
(ii) the firearm: 14
1. has been imprinted by a federally licensed firearms dealer, 15
federal firearms manufacturer, or other federal licensee authorized to provide marking 16
services, with: 17
A. the zip code of the current owner or person that made, 18
completed, or initially assembled the firearm; 19
B. the initials of the current owner or person that made, 20
completed, or initially assembled the firearm; and 21
C. a number that does not match a number used by the 22
current owner on another firearm or by the person who made, completed, or initially 23
assembled the firearm on any other firearm that the person has made, completed, or 24
initially assembled; and 25
2. has been registered with the Secretary. 26
(c) (1) A person who violates subsection (a) of this section is guilty of a 27
[misdemeanor] FELONY and on conviction is subject to imprisonment not exceeding 5 years 28
or a fine not exceeding $10,000 or both. 29
(2) A person who violates subsection (b) of this section is guilty of a 30
misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine 31
not exceeding $10,000 or both. 32
(3) Each violation of this section is a separate crime. 33
SENATE BILL 925 11
(d) A federally licensed firearms dealer or other federal licensee authorized to 1
provide marking services who imprints a firearm under subsection (b)(2)(ii) of this section 2
shall imprint the firearm in compliance with all federal laws and regulations applicable to 3
affixing serial numbers to firearms, including: 4
(1) minimum size and depth requirements; and 5
(2) requirements that the numbers not be readily susceptible to being 6
obliterated, altered, or removed. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effe ct 8
October 1, 2025. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.