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2017 Maryland Code
Health - General
Title 13 - Miscellaneous Health Care Programs
Subtitle 33 - Natalie M. Laprade Medical Cannabis Commission.
§ 13-3313. Exemption from arrest, prosecution, or any civil or administrative penalty; penalty for distributing, possessing, manufacturing, or using cannabis diverted from approved program.
Universal Citation: MD Health-Gen Code § 13-3313 (2017)
- (a) Exemption from arrest, prosecution, or any civil or administrative penalty. -- Any of the following persons acting in accordance with the provisions of this subtitle may not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the medical use of cannabis:
- (1) A qualifying patient:
- (i) In possession of an amount of medical cannabis determined by the Commission to constitute a 30-day supply; or
- (ii) In possession of an amount of medical cannabis that is greater than a 30-day supply if the qualifying patient's certifying provider stated in the written certification that a 30-day supply would be inadequate to meet the medical needs of the qualifying patient;
- (2) A grower licensed under § 13-3306 of this subtitle or a grower agent registered under § 13-3306 of this subtitle;
- (3) A certifying provider;
- (4) A caregiver;
- (5) A dispensary licensed under § 13-3307 of this subtitle or a dispensary agent registered under § 13-3308 of this subtitle;
- (6) A processor licensed under § 13-3309 of this subtitle or a processor agent registered under § 13-3310 of this subtitle; or
- (7) A hospital, medical facility, or hospice program where a qualifying patient is receiving treatment.
- (1) A qualifying patient:
- (b) Penalty for distributing, possessing, manufacturing, or using cannabis diverted from approved program. --
- (1) A person may not distribute, possess, manufacture, or use cannabis that has been diverted from a qualifying patient, a caregiver, a licensed grower, or a licensed dispensary.
- (2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 10,000 or both.
- (3) The penalty under this subsection is in addition to any penalties that a person may be subject to for manufacture, possession, or distribution of marijuana under the Criminal Law Article.
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