This is a copy of the first reading of The Maryland Medical Marijuana Act
HOUSE BILL 15
J1, E1
2lr0932
(PRE—FILED)
By: Delegate Glenn
Requested: November 15, 2011
Introduced and read first time: January 11, 2012
Assigned to: Health and Government Operations and Judiciary
A BILL ENTITLED
AN ACT concerning
Maryland Medical Marijuana Act
FOR the purpose of authorizing the medical use of marijuana under certain 3 circumstances; repealing certain criminal provisions that allow the imposition of 4 a certain fine or the use of an affirmative defense for use or possession of 5 marijuana or use or possession of drug paraphernalia related to marijuana 6 under certain circumstances; requiring the Department of Health and Mental 7 Hygiene to adopt certain regulations on or before a certain date; authorizing the 8 Department to vary certain fees in a certain manner; authorizing the 9 Department to accept certain donations for a certain purpose; requiring the 10 Department to issue a certain report to the Governor and the General Assembly 11 on or before a certain date each year; authorizing certain persons to file a 12 certain action under certain circumstances; providing that certain documents 13 shall be deemed a valid registry identification card under certain circumstances; 14 providing that a certain representation to a law enforcement official is 15 punishable by a certain fine; establishing the Medical Marijuana Advisory 16 Board in the Department; providing for the membership, quorum requirements, 17 and staffing of the Board; prohibiting a member of the Board from receiving 18 compensation but providing that a member may receive certain reimbursement; 19 providing for the duties of the Board; establishing certain application processes 20 for compassion centers, compassion center associates, designated caregivers, 21 and qualifying patients; providing that certain compassion centers are subject 22 to reasonable inspection by the Department; requiring the Department to 23 provide a compassion center certain notice before conducting an inspection; 24 establishing certain requirements for compassion centers, compassion center 25 associates, designated caregivers, and qualifying patients; authorizing counties 26 and municipalities to enact certain limits and zoning regulations regarding 27 compassion centers; requiring the Department to notify a designated caregiver 28 of a certain notice; providing that certain protections for a designated caregiver 29 expire a certain time after a certain notification; providing that certain registry 30
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identification cards from other jurisdictions shall have the same force and effect 1 as a registry identification card issued by the Department; prohibiting certain 2 designated caregivers from possessing over a certain amount of marijuana; 3 authorizing certain designated caregivers to receive compensation under certain 4 circumstances; prohibiting a qualifying patient from possessing over a certain 5 amount of marijuana under certain circumstances; providing that certain 6 qualifying patients and designated caregivers may not be subject to penalty for 7 certain actions; providing that a practitioner may not be subject to penalty 8 solely for providing a certain certification or a certain statement; prohibiting 9 certain entities from discriminating against or penalizing certain persons; 10 providing for a certain presumption for the medical use of marijuana; providing 11 that certain evidence may rebut a certain presumption; prohibiting a person 12 from being denied custody of or visitation with a minor for the sole reason of 13 conduct allowed under this Act; providing that there may not be a presumption 14 of neglect or child endangerment for the sole reason of conduct allowed under 15 this Act; providing that medical use of marijuana shall be considered the 16 equivalent of the authorized use of certain medication under certain 17 circumstances; prohibiting marijuana and certain other property from being 18 seized or forfeited under certain circumstances; providing that compassion 19 centers and compassion center associates may not be subject to penalty for 20 certain activities; prohibiting certain law enforcement agencies from providing 21 certain information to certain entities under certain circumstances; clarifying 22 that this Act does not authorize certain activities; providing that nothing in this 23 Act may be construed to require certain activities; providing for the 24 confidentiality of certain information under certain circumstances; requiring the 25 Department to establish a certain verification system; defining certain terms; 26 and generally relating to the medical use of marijuana. 27
BY repealing and reenacting, with amendments, 28
Article — Criminal Law 29
Section 5—601(c) and 5—619(c) 30
Annotated Code of Maryland 31
(2002 Volume and 2011 Supplement) 32
BY adding to 33
Article — Health — General 34
Section 25—101 through 25—702 to be under the new title “Title 25. Maryland 35 Medical Marijuana Act” 36
Annotated Code of Maryland 37
(2009 Replacement Volume and 2011 Supplement) 38
Preamble 39
WHEREAS, Modern medical research has discovered beneficial uses for 40 marijuana in treating or alleviating pain, nausea, and other symptoms associated with 41 certain debilitating medical conditions, as found by the National Academy of Sciences’ 42 Institute of Medicine in March 1999; and 43
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WHEREAS, Studies following the 1999 National Academy of Sciences’ Institute 1 of Medicine report continue to show the therapeutic value of marijuana in treating a 2 wide array of debilitating medical conditions, including increasing the chances of 3 patients finishing their treatments for HIV/AIDS and hepatitis C; and 4
WHEREAS, According to the U.S. Sentencing Commission and the Federal 5 Bureau of Investigation, 99 out of every 100 marijuana arrests in the United States 6 are made under state law, rather than under federal law; and 7
WHEREAS, Changing state law will have the practical effect of protecting from 8 arrest the vast majority of seriously ill people who have a medical need to use 9 marijuana; and 10
WHEREAS, Although federal law currently prohibits any use of marijuana, the 11 laws of Alaska, Arizona, California, Colorado, Delaware, the District of Columbia, 12 Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode 13 Island, Vermont, and Washington permit the medical use and cultivation of 14 marijuana, and Maryland joins in this effort for the health and welfare of its citizens; 15 and 16
WHEREAS, States are not required to enforce federal law or prosecute people 17 for engaging in activities prohibited by federal law and, therefore, compliance with 18 this Act does not put the State of Maryland in violation of federal law; and 19
WHEREAS, State law should make a distinction between the medical and 20 nonmedical use of marijuana; and 21
WHEREAS, The purpose of this Act is to protect patients with debilitating 22 medical conditions, their physicians, and their primary caregivers from arrest and 23 prosecution, criminal and other penalties, and property forfeiture if those patients 24 engage in the medical use of marijuana; and 25
WHEREAS, The General Assembly enacts this Act in accordance with its police 26 power to enact legislation for the protection of the health of its citizens, as reserved to 27 the State in the Tenth Amendment of the United States Constitution; now, therefore, 28
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 29 MARYLAND, That the Laws of Maryland read as follows: 30
Article — Criminal Law 31
5—601. 32
(c) (1) Except as provided in [paragraphs (2) and (3)] PARAGRAPH (2) of 33 this subsection, a person who violates this section is guilty of a misdemeanor and on 34
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conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding 1 $25,000 or both. 2
(2) A person whose violation of this section involves the use or 3 possession of marijuana is subject to imprisonment not exceeding 1 year or a fine not 4 exceeding $1,000 or both. 5
[(3) (i) 1. In this paragraph the following words have the 6 meanings indicated. 7
2. “Bona fide physician—patient relationship” means a 8 relationship in which the physician has ongoing responsibility for the assessment, 9 care, and treatment of a patient’s medical condition. 10
3. “Debilitating medical condition” means a chronic or 11 debilitating disease or medical condition or the treatment of a chronic or debilitating 12 disease or medical condition that produces one or more of the following, as documented 13 by a physician with whom the patient has a bona fide physician—patient relationship: 14
A. cachexia or wasting syndrome; 15
B. severe or chronic pain; 16
C. severe nausea; 17
D. seizures; 18
E. severe and persistent muscle spasms; or 19
F. any other condition that is severe and resistant to 20 conventional medicine. 21
(ii) 1. In a prosecution for the use or possession of 22 marijuana, the defendant may introduce and the court shall consider as a mitigating 23 factor any evidence of medical necessity. 24
2. Notwithstanding paragraph (2) of this subsection, if 25 the court finds that the person used or possessed marijuana because of medical 26 necessity, on conviction of a violation of this section, the maximum penalty that the 27 court may impose on the person is a fine not exceeding $100. 28
(iii) 1. In a prosecution for the use or possession of 29 marijuana under this section, it is an affirmative defense that the defendant used or 30 possessed marijuana because: 31
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A. the defendant has a debilitating medical condition 1 that has been diagnosed by a physician with whom the defendant has a bona fide 2 physician—patient relationship; 3
B. the debilitating medical condition is severe and 4 resistant to conventional medicine; and 5
C. marijuana is likely to provide the defendant with 6 therapeutic or palliative relief from the debilitating medical condition. 7
2. The affirmative defense may not be used if the 8 defendant was: 9
A. using marijuana in a public place; or 10
B. in possession of more than 1 ounce of marijuana.] 11
5—619. 12
(c) (1) Unless authorized under this title, a person may not use or possess 13 with intent to use drug paraphernalia to: 14
(i) plant, propagate, cultivate, grow, harvest, manufacture, 15 compound, convert, produce, process, prepare, test, analyze, pack, repack, store, 16 contain, or conceal a controlled dangerous substance; or 17
(ii) inject, ingest, inhale, or otherwise introduce into the human 18 body a controlled dangerous substance. 19
(2) A person who violates this subsection is guilty of a misdemeanor 20 and on conviction is subject to: 21
(i) for a first violation, a fine not exceeding $500; and 22
(ii) for each subsequent violation, imprisonment not exceeding 2 23 years or a fine not exceeding $2,000 or both. 24
(3) A person who is convicted of violating this subsection for the first 25 time and who previously has been convicted of violating subsection (d)(4) of this 26 section is subject to the penalty specified under paragraph (2)(ii) of this subsection. 27
[(4) (i) 1. In this paragraph the following words have the 28 meanings indicated. 29
2. “Bona fide physician—patient relationship” means a 30 relationship in which the physician has ongoing responsibility for the assessment, 31 care, and treatment of a patient’s medical condition. 32
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3. “Debilitating medical condition” means a chronic or 1 debilitating disease or medical condition or the treatment of a chronic or debilitating 2 disease or medical condition that produces one or more of the following, as documented 3 by a physician with whom the patient has a bona fide physician—patient relationship: 4
A. cachexia or wasting syndrome; 5
B. severe or chronic pain; 6
C. severe nausea; 7
D. seizures; 8
E. severe and persistent muscle spasms; or 9
F. any other condition that is severe and resistant to 10 conventional medicine. 11
(ii) 1. In a prosecution under this subsection involving drug 12 paraphernalia related to marijuana, the defendant may introduce and the court shall 13 consider as a mitigating factor any evidence of medical necessity. 14
2. Notwithstanding paragraph (2) of this subsection, if 15 the court finds that the person used or possessed drug paraphernalia related to 16 marijuana because of medical necessity, on conviction of a violation of this subsection, 17 the maximum penalty that the court may impose on the person is a fine not exceeding 18 $100. 19
(iii) 1. In a prosecution under this subsection involving drug 20 paraphernalia related to marijuana, it is an affirmative defense that the defendant 21 used or possessed drug paraphernalia related to marijuana because: 22
A. the defendant has a debilitating medical condition 23 that has been diagnosed by a physician with whom the defendant has a bona fide 24 physician—patient relationship; 25
B. the debilitating medical condition is severe and 26 resistant to conventional medicine; and 27
C. marijuana is likely to provide the defendant with 28 therapeutic or palliative relief from the debilitating medical condition. 29
2. The affirmative defense may not be used if the 30 defendant was: 31
A. using marijuana in a public place; or 32
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B. in possession of more than 1 ounce of marijuana.] 1
Article — Health — General 2
TITLE 25. MARYLAND MEDICAL MARIJUANA ACT. 3
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 4
25—101. 5
(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6 INDICATED. 7
(B) “BOARD” MEANS THE MEDICAL MARIJUANA ADVISORY BOARD 8 ESTABLISHED UNDER SUBTITLE 2 OF THIS TITLE. 9
(C) “CARDHOLDER” MEANS A QUALIFYING PATIENT, DESIGNATED 10 CAREGIVER, OR A COMPASSION CENTER ASSOCIATE WHO HAS BEEN ISSUED AND 11 POSSESSES A VALID REGISTRY IDENTIFICATION CARD. 12
(D) “COMPASSION CENTER” MEANS AN ENTITY THAT ACQUIRES, 13 POSSESSES, CULTIVATES, MANUFACTURES, DELIVERS, TRANSPORTS, SUPPLIES, 14 OR DISPENSES MARIJUANA OR RELATED SUPPLIES AND EDUCATIONAL 15 MATERIALS TO QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS AND IS 16 REGISTERED IN ACCORDANCE WITH SUBTITLE 3 OF THIS TITLE. 17
(E) “COMPASSION CENTER ASSOCIATE” MEANS A PRINCIPAL OFFICER, 18 A BOARD MEMBER, AN EMPLOYEE, A VOLUNTEER, OR AN AGENT OF A 19 COMPASSION CENTER. 20
(F) (1) “DEBILITATING MEDICAL CONDITION” MEANS: 21
(I) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL 22 CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE 23 FOLLOWING: 24
1. CACHEXIA OR WASTING SYNDROME; 25
2. SEVERE, DEBILITATING, OR CHRONIC PAIN; 26
3. SEVERE NAUSEA; 27
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4. SEIZURES, INCLUDING THOSE CHARACTERISTIC 1 OF EPILEPSY; 2
5. SEVERE AND PERSISTENT MUSCLE SPASMS, 3 INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS OR CROHN’S 4 DISEASE; 5
6. AGITATION OF ALZHEIMER’S DISEASE; 6
7. ANXIETY; OR 7
8. DEPRESSION; OR 8
(II) ANY OTHER MEDICAL CONDITION OR ITS TREATMENT 9 APPROVED BY THE BOARD UNDER SUBTITLE 2 OF THIS TITLE. 10
(2) “DEBILITATING MEDICAL CONDITION” INCLUDES: 11
(I) CANCER; 12
(II) GLAUCOMA; 13
(III) POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY 14 VIRUS (HIV); 15
(IV) ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS); 16
(V) HEPATITIS C; 17
(VI) AMYOTROPHIC LATERAL SCLEROSIS; 18
(VII) NAIL PATELLA; 19
(VIII) POST—TRAUMATIC STRESS DISORDER; 20
(IX) BIPOLAR DISORDER; OR 21
(X) THE TREATMENT OF ANY OF THE ABOVE LISTED 22 CONDITIONS. 23
(G) “DESIGNATED CAREGIVER” MEANS A PERSON WHO HAS AGREED TO 24 ASSIST A QUALIFYING PATIENT WITH THE MEDICAL USE OF MARIJUANA. 25
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(H) “MARIJUANA” HAS THE MEANING STATED IN § 5—101 OF THE 1 CRIMINAL LAW ARTICLE. 2
(I) “MEDICAL USE” MEANS THE ACQUISITION, POSSESSION, 3 CULTIVATION, MANUFACTURE, USE, DELIVERY, TRANSFER, OR 4 TRANSPORTATION OF MARIJUANA OR PARAPHERNALIA RELATING TO THE 5 CONSUMPTION OF MARIJUANA TO ALLEVIATE A REGISTERED QUALIFYING 6 PATIENT’S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED 7 WITH THE MEDICAL CONDITION. 8
(J) “PRACTITIONER” MEANS A PERSON WHO IS LICENSED TO 9 PRESCRIBE DRUGS UNDER THE HEALTH OCCUPATIONS ARTICLE. 10
(K) “QUALIFYING PATIENT” MEANS A PERSON WHO HAS BEEN 11 DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION 12 AND IS A RESIDENT OF THE STATE. 13
(L) “REGISTRY IDENTIFICATION CARD” MEANS A DOCUMENT ISSUED BY 14 THE DEPARTMENT THAT IDENTIFIES A PERSON AS A QUALIFYING PATIENT, 15 DESIGNATED CAREGIVER, OR COMPASSION CENTER ASSOCIATE. 16
(M) “SEEDLING” MEANS A MARIJUANA PLANT THAT: 17
(1) HAS NO FLOWERS; 18
(2) IS LESS THAN 12 INCHES IN HEIGHT; AND 19
(3) IS LESS THAN 12 INCHES IN DIAMETER. 20
(N) “UNUSABLE MARIJUANA” MEANS MARIJUANA SEEDS, STALKS, 21 SEEDLINGS, AND UNUSABLE ROOTS. 22
(O) (1) “USABLE MARIJUANA” MEANS THE DRIED LEAVES AND 23 FLOWERS OF THE MARIJUANA PLANT AND ANY MIXTURE OR PREPARATION OF 24 THE DRIED LEAVES AND FLOWERS OF THE MARIJUANA PLANT. 25
(2) “USABLE MARIJUANA” DOES NOT INCLUDE: 26
(I) THE SEEDS, STALKS, AND ROOTS OF THE MARIJUANA 27 PLANT; OR 28
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(II) ANY NONMARIJUANA INGREDIENTS THAT ARE 1 COMBINED WITH MARIJUANA AND PREPARED FOR CONSUMPTION AS FOOD AND 2 DRINK. 3
25—102. 4
(A) ON OR BEFORE SEPTEMBER 1, 2012, THE DEPARTMENT SHALL 5 ADOPT REGULATIONS THAT SPECIFY THE PROCEDURES FOR APPLICATIONS FOR 6 AND RENEWALS OF REGISTRY IDENTIFICATION CARDS. 7
(B) (1) ON OR BEFORE SEPTEMBER 1, 2012, THE DEPARTMENT 8 SHALL ADOPT REGULATIONS THAT ESTABLISH REASONABLE APPLICATION AND 9 RENEWAL FEES FOR REGISTRY IDENTIFICATION CARDS AND COMPASSION 10 CENTER REGISTRATION CERTIFICATES. 11
(2) FEES ADOPTED UNDER THIS SUBSECTION MAY NOT EXCEED: 12
(I) $5,000 FOR COMPASSION CENTER REGISTRATION 13 APPLICATIONS; OR 14
(II) $1,000 FOR COMPASSION CENTER REGISTRATION 15 RENEWALS. 16
(3) THE DEPARTMENT SHALL ESTABLISH IN THE REGULATIONS 17 REQUIRED UNDER THIS SUBSECTION APPLICATION AND RENEWAL FEES THAT 18 GENERATE REVENUES SUFFICIENT TO OFFSET THE EXPENSES OF 19 IMPLEMENTING AND ADMINISTERING THIS TITLE. 20
(4) THE DEPARTMENT MAY VARY THE APPLICATION AND 21 RENEWAL FEES ALONG A SLIDING SCALE THAT ACCOUNTS FOR A QUALIFYING 22 PATIENT’S INCOME. 23
(5) THE DEPARTMENT MAY ACCEPT DONATIONS FROM PRIVATE 24 SOURCES IN ORDER TO REDUCE THE APPLICATION AND RENEWAL FEES. 25
25—103. 26
(A) ON OR BEFORE DECEMBER 1 OF EACH YEAR, THE DEPARTMENT 27 SHALL REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2—1246 OF 28 THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 29 MEDICAL USE OF MARIJUANA UNDER THIS TITLE. 30
(B) THE REPORT SHALL INCLUDE: 31
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(1) THE NUMBER OF APPLICATIONS FOR REGISTRY 1 IDENTIFICATION CARDS RECEIVED BY THE DEPARTMENT; 2
(2) THE NUMBER OF QUALIFYING PATIENTS AND DESIGNATED 3 CAREGIVERS APPROVED IN EACH COUNTY; 4
(3) THE NATURE OF THE DEBILITATING MEDICAL CONDITIONS OF 5 THE QUALIFYING PATIENTS WHO APPLY FOR REGISTRY IDENTIFICATION CARDS; 6
(4) THE NUMBER OF REGISTRY IDENTIFICATION CARDS 7 REVOKED; 8
(5) THE NUMBER OF PRACTITIONERS PROVIDING WRITTEN 9 CERTIFICATION OF A DEBILITATING MEDICAL CONDITION FOR QUALIFYING 10 PATIENTS; 11
(6) THE NUMBER OF REGISTERED COMPASSION CENTERS; AND 12
(7) THE NUMBER OF COMPASSION CENTER ASSOCIATES. 13
(C) THE DEPARTMENT MAY NOT INCLUDE IN THE REPORT REQUIRED 14 UNDER THIS SECTION ANY IDENTIFYING INFORMATION ABOUT REGISTRY 15 IDENTIFICATION CARDHOLDERS, COMPASSION CENTERS, OR PRACTITIONERS. 16
25—104. 17
(A) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REQUIRED 18 UNDER THIS TITLE ON OR BEFORE SEPTEMBER 1, 2012, THE FOLLOWING 19 PERSONS MAY FILE AN ACTION IN CIRCUIT COURT TO COMPEL THE 20 DEPARTMENT TO PERFORM THE ACTIONS MANDATED UNDER THIS TITLE: 21
(1) A QUALIFYING PATIENT; 22
(2) A PROSPECTIVE BOARD MEMBER OF A COMPASSION CENTER; 23 OR 24
(3) A PROSPECTIVE PRINCIPAL OFFICER OF A COMPASSION 25 CENTER. 26
(B) IF THE DEPARTMENT DOES NOT ISSUE A VALID REGISTRY 27 IDENTIFICATION CARD IN RESPONSE TO A VALID APPLICATION OR RENEWAL 28 SUBMITTED UNDER THIS TITLE WITHIN 20 DAYS, THEN A COPY OF THE 29
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REGISTRY IDENTIFICATION CARD APPLICATION OR RENEWAL SHALL BE 1 DEEMED A VALID REGISTRY IDENTIFICATION CARD. 2
(C) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REGARDING 3 APPLICATIONS FOR QUALIFYING PATIENTS ON OR BEFORE SEPTEMBER 1, 2012, 4 THEN A NOTARIZED STATEMENT BY A QUALIFYING PATIENT CONTAINING THE 5 INFORMATION REQUIRED IN § 25—501(A) OF THIS TITLE SHALL BE DEEMED A 6 VALID REGISTRY IDENTIFICATION CARD. 7
25—105. 8
FRAUDULENT REPRESENTATION TO A LAW ENFORCEMENT OFFICIAL OF 9 ANY FACT OR CIRCUMSTANCE RELATING TO THE MEDICAL USE OF MARIJUANA 10 TO AVOID ARREST OR PROSECUTION IS PUNISHABLE BY A FINE OF $500, IN 11 ADDITION TO ANY OTHER PENALTIES THAT MAY APPLY FOR MAKING A FALSE 12 STATEMENT TO A LAW ENFORCEMENT OFFICIAL OR FOR USE OF MARIJUANA 13 THAT IS NOT AUTHORIZED BY THIS TITLE. 14
25—106. 15
THIS TITLE MAY BE CITED AS THE MARYLAND MEDICAL MARIJUANA ACT. 16
SUBTITLE 2. MEDICAL MARIJUANA ADVISORY BOARD. 17
25—201. 18
THERE IS A MEDICAL MARIJUANA ADVISORY BOARD IN THE 19 DEPARTMENT. 20
25—202. 21
(A) THE BOARD CONSISTS OF SEVEN MEMBERS, APPOINTED BY THE 22 SECRETARY. 23
(B) THE SEVEN MEMBERS SHALL INCLUDE: 24
(1) A MEDICAL ONCOLOGIST; 25
(2) A GYNECOLOGIST; 26
(3) A NEUROLOGIST; 27
(4) A PSYCHIATRIST; 28
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(5) AN INFECTIOUS DISEASE SPECIALIST; 1
(6) A FAMILY PRACTICE PHYSICIAN; AND 2
(7) A PHARMACIST. 3
(C) EACH MEMBER OF THE BOARD SHALL BE KNOWLEDGEABLE ABOUT 4 THE MEDICAL USE OF MARIJUANA. 5
25—203. 6
(A) A QUORUM OF THE BOARD IS THREE MEMBERS. 7
(B) THE BOARD SHALL MEET AT LEAST MONTHLY AT THE TIMES AND 8 PLACES THAT IT DETERMINES. 9
(C) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE BOARD. 10
(D) A MEMBER OF THE BOARD: 11
(1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE 12 BOARD; BUT 13
(2) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER THE 14 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 15 BUDGET. 16
25—204. 17
(A) (1) THE BOARD SHALL ESTABLISH A PROCEDURE FOR 18 DESIGNATING MEDICAL CONDITIONS OR DISEASES AS DEBILITATING MEDICAL 19 CONDITIONS. 20
(2) THE PROCEDURE REQUIRED UNDER THIS SUBSECTION SHALL 21 INCLUDE: 22
(I) A PETITION PROCESS FOR THE PUBLIC TO PETITION TO 23 DESIGNATE A MEDICAL CONDITION AS A DEBILITATING MEDICAL CONDITION; 24 AND 25
(II) A PUBLIC HEARING ON PETITIONS IN WHICH THE 26 PUBLIC HAS THE OPPORTUNITY TO COMMENT. 27
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(B) THE BOARD SHALL MAKE RECOMMENDATIONS TO THE 1 DEPARTMENT REGARDING REGULATIONS FOR THE ISSUANCE OF REGISTRY 2 IDENTIFICATION CARDS. 3
(C) THE BOARD SHALL DETERMINE IN WHAT CIRCUMSTANCES IT IS 4 MEDICALLY APPROPRIATE FOR A PRACTITIONER TO PRESCRIBE MORE THAN 12 5 MARIJUANA PLANTS AND 6 OUNCES OF USABLE MARIJUANA TO A QUALIFYING 6 PATIENT. 7
SUBTITLE 3. COMPASSION CENTERS. 8
25—301. 9
(A) A COMPASSION CENTER SHALL SUBMIT THE FOLLOWING 10 INFORMATION TO THE DEPARTMENT, IN ACCORDANCE WITH REGULATIONS 11 ADOPTED BY THE DEPARTMENT, TO BE REGISTERED IN THE STATE: 12
(1) THE APPLICATION OR RENEWAL FEE SET BY THE 13 DEPARTMENT; 14
(2) THE LEGAL NAME OF THE COMPASSION CENTER; 15
(3) THE PHYSICAL ADDRESS OF THE COMPASSION CENTER AND 16 THE PHYSICAL ADDRESS OF ANY ADDITIONAL LOCATION WHERE MARIJUANA IS 17 CULTIVATED FOR THE USE OF THE COMPASSION CENTER; 18
(4) THE NAME, ADDRESS, AND DATE OF BIRTH OF EACH 19 PRINCIPAL OFFICER AND BOARD MEMBER OF THE COMPASSION CENTER; 20
(5) THE NAME, ADDRESS, AND DATE OF BIRTH OF ANY PERSON 21 WHO IS AN AGENT OF OR EMPLOYED BY THE COMPASSION CENTER; 22
(6) OPERATING REGULATIONS THAT INCLUDE PROCEDURES FOR 23 THE OVERSIGHT OF THE COMPASSION CENTER AND PROCEDURES TO ENSURE 24 ACCURATE RECORD KEEPING AND SECURITY MEASURES; AND 25
(7) IF THE CITY OR COUNTY IN WHICH THE COMPASSION CENTER 26 WOULD BE LOCATED HAS ENACTED REASONABLE ZONING RESTRICTIONS, A 27 SWORN AND TRUTHFUL STATEMENT THAT THE REGISTERED COMPASSION 28 CENTER WOULD BE IN COMPLIANCE WITH THESE RESTRICTIONS. 29
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(B) ON OR BEFORE SEPTEMBER 1, 2012, THE DEPARTMENT SHALL 1 ADOPT REGULATIONS REGARDING APPLICATIONS FOR AND RENEWALS OF 2 REGISTRATION CERTIFICATES FOR REGISTERED COMPASSION CENTERS THAT 3 INCLUDE REASONABLE STANDARDS FOR: 4
(1) THE FORM AND CONTENT OF REGISTRATION AND RENEWAL 5 APPLICATIONS; 6
(2) MINIMUM OVERSIGHT REQUIREMENTS FOR REGISTERED 7 COMPASSION CENTERS; 8
(3) MINIMUM RECORDKEEPING REQUIREMENTS FOR 9 REGISTERED COMPASSION CENTERS; 10
(4) MINIMUM SECURITY REQUIREMENTS FOR REGISTERED 11 COMPASSION CENTERS, INCLUDING A REQUIREMENT THAT EACH REGISTERED 12 COMPASSION CENTER MUST BE PROTECTED BY A FULLY OPERATIONAL 13 SECURITY ALARM SYSTEM; AND 14
(5) PROCEDURES FOR SUSPENDING OR TERMINATING THE 15 REGISTRATION OF A REGISTERED COMPASSION CENTER THAT VIOLATES A 16 PROVISION OF THIS TITLE OR REGULATIONS ADOPTED UNDER THIS TITLE. 17
(C) THE DEPARTMENT SHALL DEVELOP REGULATIONS REQUIRED 18 UNDER THIS SECTION WITH THE GOALS OF: 19
(1) PROTECTING AGAINST DIVERSION AND THEFT; 20
(2) NOT IMPOSING AN UNDUE BURDEN ON REGISTERED 21 COMPASSION CENTERS; AND 22
(3) MAINTAINING THE CONFIDENTIALITY OF REGISTERED 23 QUALIFYING PATIENTS AND THEIR REGISTERED DESIGNATED CAREGIVERS. 24
25—302. 25
(A) THE DEPARTMENT SHALL REGISTER A COMPASSION CENTER FOR 26 OPERATION IN THE STATE IF: 27
(1) THE COMPASSION CENTER SUBMITS THE INFORMATION 28 REQUIRED UNDER § 25—301 OF THIS SUBTITLE; 29
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(2) NEITHER THE COMPASSION CENTER NOR A MARIJUANA 1 CULTIVATION CENTER AFFILIATED WITH THE CENTER IS LOCATED WITHIN 500 2 FEET OF A PREEXISTING PUBLIC OR PRIVATE SCHOOL; 3
(3) ISSUING THE COMPASSION CENTER A REGISTRATION WOULD 4 NOT BE IN VIOLATION OF A REASONABLE LIMITATION ON THE NUMBER OF 5 REGISTERED COMPASSION CENTERS THAT CAN OPERATE IN THE JURISDICTION 6 WHERE THE COMPASSION CENTER WOULD OPERATE; 7
(4) NONE OF THE PRINCIPAL OFFICERS OR BOARD MEMBERS OF 8 THE COMPASSION CENTER HAVE BEEN CONVICTED OF AN OFFENSE THAT IS 9 CLASSIFIED AS A FELONY IN THE JURISDICTION WHERE THE PERSON WAS 10 CONVICTED, UNLESS THE OFFENSE CONSISTED OF CONDUCT AUTHORIZED 11 UNDER THIS TITLE; 12
(5) NONE OF THE PRINCIPAL OFFICERS OR BOARD MEMBERS OF 13 THE COMPASSION CENTER HAVE SERVED AS A PRINCIPAL OFFICER OR BOARD 14 MEMBER FOR A COMPASSION CENTER THAT HAS HAD ITS REGISTRATION 15 REVOKED BY THE DEPARTMENT; AND 16
(6) NONE OF THE PRINCIPAL OFFICERS OR BOARD MEMBERS OF 17 THE COMPASSION CENTER IS UNDER THE AGE OF 21 YEARS OF AGE. 18
(B) THE DEPARTMENT SHALL ISSUE A REGISTRATION CERTIFICATE TO 19 A COMPASSION CENTER REGISTERED BY THE DEPARTMENT THAT CONTAINS A 20 RANDOM 20—DIGIT ALPHANUMERIC IDENTIFICATION NUMBER WITHIN 90 DAYS 21 AFTER RECEIVING THE APPLICATION FOR REGISTRATION FOR A COMPASSION 22 CENTER. 23
(C) REGISTRATION CERTIFICATES FOR COMPASSION CENTERS ARE 24 VALID FOR A TERM OF 1 YEAR AND EXPIRE 1 YEAR AFTER THE DATE OF 25 ISSUANCE. 26
(D) THE DEPARTMENT SHALL ISSUE A RENEWED REGISTRATION 27 CERTIFICATE WITHIN 10 DAYS TO A REGISTERED COMPASSION CENTER THAT 28 SUBMITS A RENEWAL FEE, UNLESS THE REGISTRATION FOR THE COMPASSION 29 CENTER HAS BEEN SUSPENDED OR REVOKED. 30
25—303. 31
(A) A REGISTERED COMPASSION CENTER SHALL NOTIFY THE 32 DEPARTMENT IN WRITING OF THE NAME, ADDRESS, AND DATE OF BIRTH OF ANY 33 NEW COMPASSION CENTER ASSOCIATE AND SHALL SUBMIT THE FEE 34
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ESTABLISHED BY THE DEPARTMENT FOR A REGISTRY IDENTIFICATION CARD 1 BEFORE THE COMPASSION CENTER ASSOCIATE MAY BEGIN WORKING AT THE 2 REGISTERED COMPASSION CENTER. 3
(B) (1) THE DEPARTMENT SHALL ISSUE A REGISTRY IDENTIFICATION 4 CARD TO A COMPASSION CENTER ASSOCIATE WHO MEETS THE REQUIREMENTS 5 OF THIS SUBTITLE. 6
(2) A REGISTRY IDENTIFICATION CARD ISSUED UNDER THIS 7 SECTION SHALL INCLUDE: 8
(I) THE NAME OF THE COMPASSION CENTER ASSOCIATE; 9
(II) THE LEGAL NAME OF THE REGISTERED COMPASSION 10 CENTER WITH WHICH THE COMPASSION CENTER ASSOCIATE IS AFFILIATED; 11
(III) A RANDOM 20—DIGIT ALPHANUMERIC IDENTIFICATION 12 NUMBER THAT IS UNIQUE TO THE CARDHOLDER; 13
(IV) THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE 14 REGISTRY IDENTIFICATION CARD; 15
(V) A PHOTOGRAPH, IF REQUIRED BY THE DEPARTMENT; 16 AND 17
(VI) A STATEMENT SIGNED BY THE COMPASSION CENTER 18 ASSOCIATE THAT THE ASSOCIATE PLEDGES NOT TO DIVERT MARIJUANA TO 19 ANYONE WHO IS NOT AUTHORIZED TO POSSESS MARIJUANA UNDER THIS TITLE. 20
(C) (1) A REGISTRY IDENTIFICATION CARD ISSUED UNDER THIS 21 SECTION SHALL EXPIRE 1 YEAR AFTER ISSUANCE. 22
(2) THE DEPARTMENT SHALL ISSUE A RENEWAL REGISTRY 23 IDENTIFICATION CARD WITHIN 10 DAYS TO A COMPASSION CENTER ASSOCIATE 24 WHO SUBMITS A RENEWAL FEE AND CONTINUES TO MEET THE REQUIREMENTS 25 OF THIS TITLE. 26
(D) THE DEPARTMENT MAY SUSPEND OR REVOKE THE REGISTRY 27 IDENTIFICATION CARD OF A COMPASSION CENTER ASSOCIATE WHO VIOLATES 28 THE PROVISIONS OF THIS TITLE. 29
(E) (1) A REGISTRATION IDENTIFICATION CARD FOR A COMPASSION 30 CENTER ASSOCIATE SHALL EXPIRE WHEN A REGISTERED COMPASSION CENTER 31
18 HOUSE BILL 15
NOTIFIES THE DEPARTMENT THAT THE ASSOCIATE IS NO LONGER AFFILIATED 1 WITH THE COMPASSION CENTER. 2
(2) THE DEPARTMENT SHALL DEACTIVATE THE LOG—IN 3 INFORMATION FOR AN INDIVIDUAL WHO CEASES TO BE A COMPASSION CENTER 4 ASSOCIATE. 5
(F) (1) A COMPASSION CENTER ASSOCIATE SHALL NOTIFY THE 6 DEPARTMENT OF A CHANGE IN THE NAME OR ADDRESS OF THE COMPASSION 7 CENTER ASSOCIATE WITHIN 10 DAYS AFTER THE CHANGE. 8
(2) A COMPASSION CENTER ASSOCIATE WHO FAILS TO NOTIFY 9 THE DEPARTMENT OF A CHANGE REQUIRED UNDER THIS SUBSECTION IS 10 SUBJECT TO A CIVIL PENALTY NOT EXCEEDING $150. 11
25—304. 12
(A) (1) THE DEPARTMENT MAY NOT ISSUE A REGISTRY 13 IDENTIFICATION CARD TO A COMPASSION CENTER ASSOCIATE WHO HAS BEEN 14 CONVICTED OF AN OFFENSE THAT WAS CLASSIFIED AS A FELONY IN THE 15 JURISDICTION WHERE THE PERSON WAS CONVICTED, UNLESS THE OFFENSE 16 CONSISTED OF CONDUCT AUTHORIZED UNDER THIS TITLE. 17
(2) THE DEPARTMENT MAY CONDUCT A CRIMINAL BACKGROUND 18 CHECK OF A COMPASSION CENTER ASSOCIATE TO CARRY OUT THIS 19 SUBSECTION. 20
(B) THE DEPARTMENT MAY NOT ISSUE A REGISTRY IDENTIFICATION 21 CARD TO A COMPASSION CENTER ASSOCIATE WHO IS UNDER THE AGE OF 21 22 YEARS. 23
(C) THE DEPARTMENT MAY REFUSE TO ISSUE A REGISTRY 24 IDENTIFICATION CARD TO A COMPASSION CENTER ASSOCIATE WHO HAS 25 PREVIOUSLY HAD A REGISTRY IDENTIFICATION CARD REVOKED FOR VIOLATING 26 A PROVISION OF THIS TITLE. 27
(D) THE DEPARTMENT SHALL NOTIFY A REGISTERED COMPASSION 28 CENTER IN WRITING OF THE REASON FOR REFUSAL OF ISSUANCE OF A 29 REGISTRY IDENTIFICATION CARD TO A COMPASSION CENTER ASSOCIATE UNDER 30 THIS SECTION. 31
25—305. 32
HOUSE BILL 15 19
(A) A REGISTERED COMPASSION CENTER IS SUBJECT TO REASONABLE 1 INSPECTION BY THE DEPARTMENT. 2
(B) THE DEPARTMENT SHALL PROVIDE A COMPASSION CENTER AT 3 LEAST 24—HOUR NOTICE BEFORE CONDUCTING AN INSPECTION. 4
25—306. 5
(A) (1) A REGISTERED COMPASSION CENTER SHALL OPERATE ON A 6 NONPROFIT BASIS FOR THE BENEFIT OF ITS MEMBERS AND PATRONS. 7
(2) THE OPERATING REGULATIONS OF THE COMPASSION CENTER 8 OR CONTRACTS BETWEEN THE COMPASSION CENTER AND ITS PATRONS SHALL 9 CONTAIN PROVISIONS REGARDING THE DISPOSITION OF ITS REVENUES AND 10 RECEIPTS THAT ESTABLISH AND MAINTAIN THE NONPROFIT CHARACTER OF 11 THE COMPASSION CENTER. 12
(3) A COMPASSION CENTER NEED NOT BE RECOGNIZED AS 13 TAX—EXEMPT BY THE INTERNAL REVENUE SERVICE TO BE CONSIDERED 14 NONPROFIT UNDER THIS SUBSECTION. 15
(B) A REGISTERED COMPASSION CENTER SHALL NOTIFY THE 16 DEPARTMENT WITHIN 10 DAYS AFTER A COMPASSION CENTER ASSOCIATE 17 CEASES TO WORK AT OR BE AFFILIATED WITH THE COMPASSION CENTER. 18
(C) A REGISTERED COMPASSION CENTER SHALL IMPLEMENT 19 APPROPRIATE SECURITY MEASURES TO DETER AND PREVENT UNAUTHORIZED 20 ENTRANCE INTO AREAS CONTAINING MARIJUANA AND THE THEFT OF 21 MARIJUANA. 22
(D) EXCEPT TO ASSIST REGISTERED QUALIFYING PATIENTS WITH THE 23 MEDICAL USE OF MARIJUANA DIRECTLY OR THROUGH DESIGNATED 24 CAREGIVERS, A REGISTERED COMPASSION CENTER MAY NOT ACQUIRE, 25 POSSESS, CULTIVATE, MANUFACTURE, OR DISTRIBUTE MARIJUANA FOR ANY 26 PURPOSE. 27
(E) ALL PRINCIPAL OFFICERS AND BOARD MEMBERS OF A REGISTERED 28 COMPASSION CENTER SHALL BE RESIDENTS OF THE STATE. 29
(F) (1) A REGISTERED COMPASSION CENTER MAY CULTIVATE 30 MARIJUANA ONLY IN AN ENCLOSED AND LOCKED FACILITY THAT CAN BE 31 ACCESSED ONLY BY COMPASSION CENTER ASSOCIATES. 32
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(2) A REGISTERED COMPASSION CENTER MAY CULTIVATE 1 MARIJUANA ONLY AT THE LOCATION OF THE COMPASSION CENTER AND IN ONE 2 ADDITIONAL LOCATION. 3
25—307. 4
EACH COUNTY AND MUNICIPALITY IN THE STATE MAY ENACT: 5
(1) REASONABLE LIMITS ON THE NUMBER OF REGISTERED 6 COMPASSION CENTERS THAT MAY OPERATE IN THE JURISDICTION; AND 7
(2) ZONING REGULATIONS THAT REASONABLY LIMIT 8 REGISTERED COMPASSION CENTERS TO CERTAIN AREAS IN THE JURISDICTION. 9
25—308. 10
(A) BEFORE DISPENSING MARIJUANA TO A DESIGNATED CAREGIVER OR 11 QUALIFYING PATIENT, A COMPASSION CENTER ASSOCIATE SHALL LOOK UP THE 12 QUALIFYING PATIENT FOR WHOM THE MARIJUANA IS INTENDED AND THE 13 DESIGNATED CAREGIVER TRANSPORTING THE MARIJUANA TO THE PATIENT, IF 14 ANY, IN THE VERIFICATION SYSTEM ESTABLISHED BY THE DEPARTMENT, AND 15 VERIFY THAT: 16
(1) THE REGISTRY IDENTIFICATION CARD PRESENTED TO THE 17 COMPASSION CENTER IS VALID; 18
(2) THE PERSON PRESENTING THE REGISTRY IDENTIFICATION 19 CARD IS THE PERSON IDENTIFIED ON THE CARD PRESENTED TO THE 20 COMPASSION CENTER ASSOCIATE; AND 21
(3) THE AMOUNT TO BE DISPENSED WOULD NOT CAUSE THE 22 QUALIFYING PATIENT TO EXCEED 6 OUNCES OF USABLE MARIJUANA IN A 23 30—DAY PERIOD, UNLESS IT IS SPECIFIED IN THE VERIFICATION SYSTEM OF THE 24 DEPARTMENT THAT A PHYSICIAN HAS RECOMMENDED A GREATER AMOUNT. 25
(B) AFTER MAKING THE VERIFICATION REQUIRED IN SUBSECTION (A) 26 OF THIS SECTION, THE COMPASSION CENTER ASSOCIATE SHALL MAKE AN 27 ENTRY IN THE VERIFICATION SYSTEM THAT SPECIFIES: 28
(1) HOW MUCH MARIJUANA IS BEING DISPENSED TO THE 29 QUALIFYING PATIENT; 30
HOUSE BILL 15 21
(2) WHETHER THE MARIJUANA WAS DISPENSED TO A QUALIFYING 1 PATIENT OR TO A DESIGNATED CAREGIVER; AND 2
(3) THE DATE AND TIME THAT THE MARIJUANA WAS DISPENSED. 3
(C) (1) A REGISTERED COMPASSION CENTER SHALL KEEP TRACK OF 4 DISPENSING TRANSACTIONS ACCORDING TO THE REGISTRY IDENTIFICATION 5 NUMBER TO PROTECT THE CONFIDENTIALITY OF THE QUALIFYING PATIENT. 6
(2) A REGISTERED COMPASSION CENTER MAY NOT KEEP TRACK 7 OF DISPENSING TRANSACTIONS ACCORDING TO A QUALIFYING PATIENT’S NAME. 8
25—309. 9
(A) A REGISTERED COMPASSION CENTER MAY NOT DISPENSE, DELIVER, 10 OR TRANSFER MARIJUANA TO ANY PERSON OTHER THAN TO: 11
(1) A REGISTERED COMPASSION CENTER; 12
(2) A REGISTERED QUALIFYING PATIENT; OR 13
(3) A DESIGNATED CAREGIVER. 14
(B) THE DEPARTMENT SHALL REVOKE IMMEDIATELY THE 15 REGISTRATION OF A COMPASSION CENTER THAT VIOLATES THIS SECTION. 16
(C) THE BOARD MEMBERS AND PRINCIPAL OFFICERS OF A COMPASSION 17 CENTER THAT VIOLATES THIS SECTION MAY NOT SERVE AS THE BOARD 18 MEMBERS OR PRINCIPAL OFFICERS FOR ANY OTHER REGISTERED COMPASSION 19 CENTER. 20
SUBTITLE 4. DESIGNATED CAREGIVERS. 21
25—401. 22
TO BE A DESIGNATED CAREGIVER IN THE STATE, AN INDIVIDUAL: 23
(1) (I) SHALL BE AT LEAST 21 YEARS OLD; OR 24
(II) SHALL BE AT LEAST 18 YEARS OLD IF THE INDIVIDUAL 25 IS PROVIDING CARE FOR A FAMILY MEMBER, SPOUSE, OR DOMESTIC PARTNER; 26
22 HOUSE BILL 15
(2) MAY NOT HAVE RECEIVED A FELONY CONVICTION FOR A 1 VIOLENT CRIME; AND 2
(3) MAY NOT HAVE RECEIVED A FELONY CONVICTION FOR A 3 STATE OR FEDERAL CONTROLLED SUBSTANCE LAW UNLESS: 4
(I) THE SENTENCE WAS COMPLETED 5 OR MORE YEARS 5 BEFORE THE INDIVIDUAL APPLIES FOR REGISTRATION AS A DESIGNATED 6 CAREGIVER; OR 7
(II) THE OFFENSE CONSISTED OF CONDUCT FOR WHICH 8 THIS TITLE WOULD LIKELY HAVE PREVENTED A CONVICTION. 9
25—402. 10
(A) WHEN A QUALIFYING PATIENT WHO IS A CARDHOLDER GIVES 11 NOTICE OF A CHANGE IN THE PATIENT’S DESIGNATED CAREGIVER, THE 12 DEPARTMENT SHALL NOTIFY THE DESIGNATED CAREGIVER WITHIN 10 DAYS. 13
(B) THE DESIGNATED CAREGIVER’S PROTECTIONS PROVIDED FOR IN 14 THIS TITLE SHALL EXPIRE 10 DAYS AFTER THE NOTIFICATION BY THE 15 DEPARTMENT PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION. 16
25—403. 17
A REGISTRY IDENTIFICATION CARD THAT IS ISSUED UNDER THE LAWS OF 18 A JURISDICTION OUTSIDE THE STATE THAT ALLOWS A DESIGNATED CAREGIVER 19 TO POSSESS MARIJUANA FOR MEDICAL PURPOSES SHALL HAVE THE SAME 20 FORCE AND EFFECT IN THE STATE AS A REGISTRY IDENTIFICATION CARD 21 ISSUED BY THE DEPARTMENT. 22
25—404. 23
(A) A DESIGNATED CAREGIVER WHO IS A CARDHOLDER MAY NOT 24 POSSESS AN AMOUNT OF MARIJUANA THAT EXCEEDS 12 MARIJUANA PLANTS 25 PLUS 6 OUNCES OF USABLE MARIJUANA FOR EACH QUALIFYING PATIENT WHOM 26 THE DESIGNATED CAREGIVER IS REGISTERED WITH THE DEPARTMENT TO 27 ASSIST. 28
(B) (1) A DESIGNATED CAREGIVER WHO IS A CARDHOLDER MAY 29 POSSESS A REASONABLE AMOUNT OF UNUSABLE MARIJUANA, INCLUDING UP TO 30 12 SEEDLINGS. 31
HOUSE BILL 15 23
(2) POSSESSION OF A REASONABLE AMOUNT OF UNUSABLE 1 MARIJUANA MAY NOT BE COUNTED TOWARD THE LIMIT ON MARIJUANA IN 2 SUBSECTION (A) OF THIS SECTION. 3
25—405. 4
(A) A DESIGNATED CAREGIVER WHO IS A CARDHOLDER MAY RECEIVE 5 COMPENSATION FOR COSTS ASSOCIATED WITH ASSISTING A REGISTERED 6 QUALIFYING PATIENT IN THE PATIENT’S MEDICAL USE OF MARIJUANA IF THE 7 DESIGNATED CAREGIVER IS CONNECTED TO THE PATIENT THROUGH THE 8 REGISTRATION PROCESS UNDER THIS TITLE. 9
(B) COMPENSATION AUTHORIZED UNDER THIS SECTION DOES NOT 10 CONSTITUTE THE SALE OF A CONTROLLED SUBSTANCE. 11
25—406. 12
(A) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, THE 13 DEPARTMENT SHALL ISSUE A REGISTRY IDENTIFICATION CARD TO A 14 DESIGNATED CAREGIVER EACH TIME THE DESIGNATED CAREGIVER IS NAMED IN 15 AN APPROVED APPLICATION FOR A REGISTRY IDENTIFICATION CARD OF A 16 QUALIFYING PATIENT. 17
(2) THE DEPARTMENT MAY ISSUE A REGISTRY IDENTIFICATION 18 CARD TO ONLY ONE DESIGNATED CAREGIVER PER QUALIFYING PATIENT. 19
(3) THE DEPARTMENT MAY NOT ISSUE A REGISTRY 20 IDENTIFICATION CARD TO A DESIGNATED CAREGIVER WHO DOES NOT MEET THE 21 REQUIREMENTS OF THIS SUBTITLE. 22
(B) IF THE DEPARTMENT DOES NOT ISSUE A REGISTRY IDENTIFICATION 23 CARD TO A DESIGNATED CAREGIVER WHO IS NAMED IN THE APPROVED 24 APPLICATION FOR A REGISTRY IDENTIFICATION CARD OF A QUALIFYING 25 PATIENT, THE DEPARTMENT SHALL NOTIFY THE QUALIFYING PATIENT. 26
(C) THE DEPARTMENT SHALL ISSUE A REGISTRY IDENTIFICATION CARD 27 TO A DESIGNATED CAREGIVER WITHIN 5 DAYS AFTER THE APPROVAL OF THE 28 ISSUANCE. 29
(D) A REGISTRY IDENTIFICATION CARD ISSUED UNDER THIS SECTION 30 SHALL CONTAIN: 31
24 HOUSE BILL 15
(1) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE 1 QUALIFYING PATIENT AND THE DESIGNATED CAREGIVER; 2
(2) A RANDOMLY ASSIGNED REGISTRY ALPHANUMERIC 3 IDENTIFICATION NUMBER THAT CONTAINS AT LEAST FOUR NUMBERS AND AT 4 LEAST FOUR LETTERS THAT IS UNIQUE TO THE CARDHOLDER; 5
(3) THE DATE OF ISSUANCE AND DATE OF EXPIRATION OF THE 6 REGISTRY IDENTIFICATION CARD; 7
(4) THE IDENTIFICATION NUMBER OF THE QUALIFYING PATIENT 8 WHO IS BEING ASSISTED BY THE DESIGNATED CAREGIVER; AND 9
(5) A PHOTOGRAPH OF THE DESIGNATED CAREGIVER, IF 10 REQUIRED BY THE DEPARTMENT. 11
25—407. 12
(A) A DESIGNATED CAREGIVER WHO IS A CARDHOLDER SHALL NOTIFY 13 THE DEPARTMENT OF A CHANGE IN THE NAME OR ADDRESS OF THE 14 DESIGNATED CAREGIVER WITHIN 10 DAYS AFTER THE CHANGE. 15
(B) A DESIGNATED CAREGIVER WHO DOES NOT PROVIDE THE NOTICE 16 TO THE DEPARTMENT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION IS 17 SUBJECT TO A CIVIL PENALTY NOT EXCEEDING $150. 18
(C) WHEN A DESIGNATED CAREGIVER NOTIFIES THE DEPARTMENT OF 19 A CHANGE IN NAME OR ADDRESS AS REQUIRED UNDER SUBSECTION (A) OF THIS 20 SECTION, THE DEPARTMENT SHALL ISSUE TO THE DESIGNATED CAREGIVER A 21 NEW REGISTRY IDENTIFICATION CARD WITH A NEW RANDOM 20—DIGIT 22 ALPHANUMERIC IDENTIFICATION NUMBER WITHIN 10 DAYS AFTER RECEIVING 23 THE UPDATED INFORMATION AND A $10 FEE. 24
(D) (1) IF A DESIGNATED CAREGIVER WHO IS A CARDHOLDER LOSES 25 THE DESIGNATED CAREGIVER’S REGISTRY IDENTIFICATION CARD, THE 26 DESIGNATED CAREGIVER SHALL NOTIFY THE DEPARTMENT AND SUBMIT A $10 27 FEE WITHIN 10 DAYS AFTER LOSING THE CARD. 28
(2) WITHIN 5 DAYS AFTER NOTIFICATION OF THE LOSS AND 29 PAYMENT OF THE FEE SET BY THE DEPARTMENT, THE DEPARTMENT SHALL 30 ISSUE A NEW REGISTRY IDENTIFICATION CARD WITH A NEW RANDOM 31 IDENTIFICATION NUMBER TO THE DESIGNATED CAREGIVER. 32
HOUSE BILL 15 25
SUBTITLE 5. QUALIFYING PATIENTS. 1
25—501. 2
(A) THE DEPARTMENT SHALL ISSUE A REGISTRY IDENTIFICATION CARD 3 TO A QUALIFYING PATIENT WHO SUBMITS THE FOLLOWING, IN ACCORDANCE 4 WITH THIS SUBTITLE AND THE DEPARTMENT’S REGULATIONS: 5
(1) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE 6 QUALIFYING PATIENT; 7
(2) A STATEMENT SIGNED BY A PRACTITIONER STATING: 8
(I) THE PRACTITIONER HAS COMPLETED A FULL 9 ASSESSMENT OF THE QUALIFYING PATIENT’S MEDICAL CONDITION AND 10 HISTORY; 11
(II) THE QUALIFYING PATIENT HAS A DEBILITATING 12 MEDICAL CONDITION; AND 13
(III) THAT, IN THE PRACTITIONER’S PROFESSIONAL 14 OPINION, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE 15 BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO TREAT OR ALLEVIATE THE 16 PATIENT’S DEBILITATING MEDICAL CONDITION; 17
(3) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE 18 PRACTITIONER THAT COMPLETED THE SIGNED STATEMENT; 19
(4) IF THE QUALIFYING PATIENT HAS A DESIGNATED CAREGIVER: 20
(I) THE NAME, ADDRESS, DATE OF BIRTH, AND TELEPHONE 21 NUMBER OF THE DESIGNATED CAREGIVER; AND 22
(II) A SIGNED STATEMENT FROM THE DESIGNATED 23 CAREGIVER THAT PLEDGES NOT TO DIVERT MARIJUANA TO ANYONE WHO IS NOT 24 AUTHORIZED TO POSSESS MARIJUANA UNDER THIS TITLE; 25
(5) A STATEMENT SIGNED BY THE QUALIFYING PATIENT THAT 26 THE PATIENT PLEDGES NOT TO DIVERT MARIJUANA TO ANYONE WHO IS NOT 27 AUTHORIZED TO POSSESS MARIJUANA UNDER THIS TITLE; AND 28
(6) THE APPLICATION OR RENEWAL FEE ESTABLISHED BY THE 29 DEPARTMENT. 30
26 HOUSE BILL 15
(B) THE DEPARTMENT MAY NOT ISSUE A REGISTRY IDENTIFICATION 1 CARD TO A QUALIFYING PATIENT UNDER THE AGE OF 18 YEARS UNLESS: 2
(1) A PARENT, GUARDIAN, OR PERSON HAVING LEGAL CUSTODY 3 OF A QUALIFYING PATIENT CONSENTS IN WRITING TO: 4
(I) ALLOW THE QUALIFYING PATIENT’S MEDICAL USE OF 5 MARIJUANA; 6
(II) SERVE AS THE QUALIFYING PATIENT’S DESIGNATED 7 CAREGIVER; AND 8
(III) CONTROL THE ACQUISITION OF, DOSAGE, AND 9 FREQUENCY OF USE OF THE MARIJUANA BY THE QUALIFYING PATIENT; AND 10
(2) THE QUALIFYING PATIENT MEETS THE REQUIREMENTS OF 11 SUBSECTION (A) OF THIS SECTION. 12
(C) (1) THE DEPARTMENT SHALL INCLUDE IN AN APPLICATION FOR 13 A REGISTRY IDENTIFICATION CARD FOR A QUALIFYING PATIENT A QUESTION 14 ASKING WHETHER THE QUALIFYING PATIENT WOULD LIKE THE DEPARTMENT 15 TO NOTIFY THE PATIENT ABOUT CLINICAL STUDIES ON THE RISK OR EFFICACY 16 OF MARIJUANA THAT SEEK HUMAN SUBJECTS. 17
(2) IF A QUALIFYING PATIENT DESIGNATES THAT THE PATIENT 18 WOULD LIKE TO RECEIVE INFORMATION ABOUT CLINICAL STUDIES AS 19 PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL 20 INFORM THE QUALIFYING PATIENT ABOUT STUDIES KNOWN TO THE 21 DEPARTMENT THAT WILL BE CONDUCTED IN THE UNITED STATES. 22
25—502. 23
(A) A QUALIFYING PATIENT MAY NOT POSSESS AN AMOUNT OF 24 MARIJUANA THAT EXCEEDS 12 MARIJUANA PLANTS PLUS 6 OUNCES OF USABLE 25 MARIJUANA. 26
(B) (1) A QUALIFYING PATIENT MAY POSSESS A REASONABLE 27 AMOUNT OF UNUSABLE MARIJUANA, INCLUDING UP TO 12 SEEDLINGS. 28
(2) POSSESSION OF A REASONABLE AMOUNT OF UNUSABLE 29 MARIJUANA MAY NOT BE COUNTED TOWARD THE LIMIT ON MARIJUANA IN 30 SUBSECTION (A) OF THIS SECTION. 31
HOUSE BILL 15 27
(C) A QUALIFYING PATIENT MAY NOT OBTAIN MORE THAN 6 OUNCES OF 1 MARIJUANA FROM REGISTERED COMPASSION CENTERS IN A 30—DAY PERIOD, 2 UNLESS A GREATER AMOUNT IS PRESCRIBED BY A PRACTITIONER. 3
25—503. 4
(A) THE DEPARTMENT SHALL: 5
(1) VERIFY THE INFORMATION CONTAINED IN AN APPLICATION 6 OR RENEWAL SUBMITTED UNDER THIS SUBTITLE; AND 7
(2) APPROVE OR DENY AN APPLICATION OR RENEWAL WITHIN 15 8 DAYS AFTER RECEIPT OF THE APPLICATION. 9
(B) THE DEPARTMENT MAY NOT DENY AN APPLICATION OR RENEWAL 10 UNDER THIS SUBTITLE UNLESS: 11
(1) THE APPLICANT FAILS TO PROVIDE THE INFORMATION 12 REQUIRED UNDER THIS SUBTITLE; 13
(2) THE DEPARTMENT DETERMINES THAT THE INFORMATION 14 SUBMITTED WITH THE APPLICATION WAS FALSIFIED; OR 15
(3) THE DEPARTMENT PREVIOUSLY REVOKED A REGISTRY 16 IDENTIFICATION CARD OF THE APPLICANT FOR VIOLATING A PROVISION OF 17 THIS TITLE. 18
(C) (1) DENIAL OF AN APPLICATION OR RENEWAL SHALL BE 19 CONSIDERED A FINAL AGENCY DECISION SUBJECT TO JUDICIAL REVIEW. 20
(2) JURISDICTION AND VENUE FOR JUDICIAL REVIEW ARE 21 VESTED IN THE CIRCUIT COURT. 22
(D) THE DEPARTMENT SHALL ISSUE A REGISTRY IDENTIFICATION CARD 23 TO A QUALIFYING PATIENT WITHIN 5 DAYS AFTER APPROVING AN APPLICATION 24 OR RENEWAL UNDER THIS SUBTITLE. 25
(E) A REGISTRY IDENTIFICATION CARD ISSUED UNDER THIS SECTION 26 SHALL CONTAIN: 27
28 HOUSE BILL 15
(1) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE 1 QUALIFYING PATIENT AND, IF ANY, THE DESIGNATED CAREGIVER OF THE 2 QUALIFYING PATIENT; 3
(2) A RANDOMLY ASSIGNED REGISTRY ALPHANUMERIC 4 IDENTIFICATION NUMBER THAT CONTAINS AT LEAST FOUR NUMBERS AND AT 5 LEAST FOUR LETTERS THAT IS UNIQUE TO THE CARDHOLDER; 6
(3) THE DATE OF ISSUANCE AND DATE OF EXPIRATION OF THE 7 REGISTRY IDENTIFICATION CARD; AND 8
(4) A PHOTOGRAPH OF THE QUALIFYING PATIENT, IF REQUIRED 9 BY THE DEPARTMENT. 10
25—504. 11
(A) A REGISTERED QUALIFYING PATIENT SHALL NOTIFY THE 12 DEPARTMENT OF THE FOLLOWING WITHIN 10 DAYS AFTER THE EVENT OCCURS: 13
(1) A CHANGE IN THE NAME OR ADDRESS OF THE QUALIFYING 14 PATIENT; 15
(2) A CHANGE IN THE DESIGNATED CAREGIVER OF THE 16 QUALIFYING PATIENT; OR 17
(3) IF THE PATIENT CEASES TO HAVE A DEBILITATING MEDICAL 18 CONDITION. 19
(B) A REGISTERED QUALIFYING PATIENT WHO FAILS TO PROVIDE THE 20 NOTIFICATION TO THE DEPARTMENT REQUIRED UNDER SUBSECTION (A) OF 21 THIS SECTION IS SUBJECT TO A CIVIL PENALTY NOT EXCEEDING $150. 22
(C) IF THE PRACTITIONER OF A REGISTERED QUALIFYING PATIENT 23 NOTIFIES THE DEPARTMENT IN WRITING THAT THE QUALIFYING PATIENT HAS 24 CEASED TO SUFFER FROM A DEBILITATING MEDICAL CONDITION OR THAT THE 25 PRACTITIONER NO LONGER BELIEVES THAT THE PATIENT WOULD RECEIVE 26 THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE MEDICAL USE OF 27 MARIJUANA, THE DEPARTMENT SHALL NOTIFY THE PATIENT THAT THE 28 PATIENT’S REGISTRY IDENTIFICATION CARD IS NULL AND VOID. 29
(D) WHEN A QUALIFYING PATIENT NOTIFIES THE DEPARTMENT OF A 30 CHANGE IN NAME, ADDRESS, OR MEDICAL CONDITION AS REQUIRED UNDER 31 SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT SHALL ISSUE TO THE 32
HOUSE BILL 15 29
REGISTERED QUALIFYING PATIENT AND EACH DESIGNATED CAREGIVER A NEW 1 REGISTRY IDENTIFICATION CARD WITH A NEW RANDOM IDENTIFICATION 2 NUMBER WITHIN 10 DAYS AFTER RECEIVING THE UPDATED INFORMATION AND 3 A $10 FEE. 4
(E) (1) IF A REGISTERED QUALIFYING PATIENT LOSES THE PATIENT’S 5 REGISTRY IDENTIFICATION CARD, THE PATIENT SHALL NOTIFY THE 6 DEPARTMENT AND SUBMIT A $10 FEE WITHIN 10 DAYS AFTER LOSING THE 7 CARD. 8
(2) WITHIN 5 DAYS AFTER NOTIFICATION OF THE LOSS AND 9 PAYMENT OF THE $10 FEE, THE DEPARTMENT SHALL ISSUE A NEW REGISTRY 10 IDENTIFICATION CARD WITH A NEW RANDOM IDENTIFICATION NUMBER TO THE 11 REGISTERED QUALIFYING PATIENT AND THE PATIENT’S REGISTERED 12 DESIGNATED CAREGIVER, IF ANY. 13
25—505. 14
A REGISTRY IDENTIFICATION CARD THAT IS ISSUED UNDER THE LAWS OF 15 A JURISDICTION OUTSIDE THE STATE THAT ALLOWS A QUALIFYING PATIENT TO 16 POSSESS MARIJUANA FOR MEDICAL PURPOSES SHALL HAVE THE SAME FORCE 17 AND EFFECT IN THE STATE AS A REGISTRY IDENTIFICATION CARD ISSUED BY 18 THE DEPARTMENT. 19
SUBTITLE 6. PROTECTIONS FOR THE MEDICAL USE OF MARIJUANA. 20
25—601. 21
(A) A QUALIFYING PATIENT WHO IS A CARDHOLDER MAY NOT BE 22 SUBJECT TO ARREST, CRIMINAL PROSECUTION, OR PENALTY, INCLUDING A 23 CIVIL PENALTY OR A DISCIPLINARY ACTION BY A BUSINESS, OCCUPATIONAL, OR 24 PROFESSIONAL LICENSING BOARD OR BUREAU, OR DENIED A RIGHT OR 25 PRIVILEGE FOR THE MEDICAL USE OF MARIJUANA. 26
(B) A DESIGNATED CAREGIVER WHO HAS A REGISTRY IDENTIFICATION 27 CARD ISSUED UNDER THIS TITLE MAY NOT BE SUBJECT TO ARREST, CRIMINAL 28 PROSECUTION, OR PENALTY, INCLUDING A CIVIL PENALTY OR A DISCIPLINARY 29 ACTION BY A BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSING BOARD 30 OR BUREAU, OR DENIED A RIGHT OR PRIVILEGE FOR ASSISTING A QUALIFYING 31 PATIENT TO WHOM THE DESIGNATED CAREGIVER IS CONNECTED THROUGH THE 32 DEPARTMENT’S REGISTRATION PROCESS WITH THE MEDICAL USE OF 33 MARIJUANA. 34
30 HOUSE BILL 15
(C) (1) A PRACTITIONER MAY NOT BE SUBJECT TO ARREST, 1 CRIMINAL PROSECUTION, OR PENALTY, INCLUDING A CIVIL PENALTY OR A 2 DISCIPLINARY ACTION BY THE STATE BOARD OF PHYSICIANS OR BY ANOTHER 3 OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD, OR DENIED A RIGHT OR 4 PRIVILEGE SOLELY FOR PROVIDING CERTIFICATIONS OF DEBILITATING 5 MEDICAL CONDITIONS FOR QUALIFYING PATIENTS OR STATING THAT, IN THE 6 PRACTITIONER’S PROFESSIONAL OPINION, A PATIENT IS LIKELY TO RECEIVE 7 THERAPEUTIC BENEFIT FROM THE MEDICAL USE OF MARIJUANA TO TREAT OR 8 ALLEVIATE THE PATIENT’S DEBILITATING MEDICAL CONDITION OR SYMPTOMS 9 ASSOCIATED WITH THE DEBILITATING MEDICAL CONDITION. 10
(2) THIS SUBSECTION MAY NOT BE CONSTRUED TO PREVENT AN 11 OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD FROM SANCTIONING A 12 PRACTITIONER FOR VIOLATING THE STANDARD OF CARE FOR EVALUATING A 13 PATIENT’S MEDICAL CONDITION. 14
(D) A PERSON MAY NOT BE SUBJECT TO ARREST OR CRIMINAL 15 PROSECUTION FOR POSSESSION, CONSPIRACY, AIDING AND ABETTING, BEING 16 AN ACCESSORY, OR ANOTHER OFFENSE SOLELY FOR BEING IN THE PRESENCE 17 OR VICINITY OF THE MEDICAL USE OF MARIJUANA AUTHORIZED UNDER THIS 18 TITLE OR FOR ASSISTING A REGISTERED QUALIFYING PATIENT WITH USING OR 19 ADMINISTERING MARIJUANA IN ACCORDANCE WITH THIS TITLE. 20
(E) A QUALIFYING PATIENT WHO IS A CARDHOLDER OR DESIGNATED 21 CAREGIVER WHO IS A CARDHOLDER MAY NOT BE SUBJECT TO ARREST, 22 CRIMINAL PROSECUTION, OR PENALTY, INCLUDING A CIVIL PENALTY OR A 23 DISCIPLINARY ACTION BY AN OCCUPATIONAL OR PROFESSIONAL LICENSING 24 BOARD OR BUREAU, OR DENIED A RIGHT OR PRIVILEGE SOLELY FOR 25 DISCUSSING THE BENEFITS OR HEALTH RISKS OF MEDICAL MARIJUANA OR ITS 26 INTERACTION WITH OTHER SUBSTANCES WITH A PATIENT. 27
(F) (1) AN APPLICATION FOR OR POSSESSION OF A REGISTRY 28 IDENTIFICATION CARD UNDER THIS SUBTITLE MAY NOT BE USED TO SUPPORT 29 THE SEARCH OF A PERSON OR PROPERTY OR OTHERWISE SUBJECT A PERSON 30 OR PROPERTY TO INSPECTION BY A GOVERNMENTAL AGENCY. 31
(2) THE APPLICATION FOR OR POSSESSION OF A REGISTRY 32 IDENTIFICATION CARD SHALL NOT PRECLUDE THE EXISTENCE OF PROBABLE 33 CAUSE IF PROBABLE CAUSE EXISTS ON OTHER GROUNDS. 34
(G) A PERSON MAY NOT BE SUBJECT TO ARREST, CRIMINAL 35 PROSECUTION, OR PENALTY OR DENIED A RIGHT OR PRIVILEGE, INCLUDING A 36 CIVIL PENALTY OR A DISCIPLINARY ACTION BY AN OCCUPATIONAL OR 37
HOUSE BILL 15 31
PROFESSIONAL LICENSING BOARD, FOR PROVIDING A QUALIFYING PATIENT 1 WHO IS A CARDHOLDER OR A DESIGNATED CAREGIVER WHO IS A CARDHOLDER 2 WITH MARIJUANA PARAPHERNALIA TO ASSIST IN THE MEDICAL USE OF 3 MARIJUANA BY A QUALIFYING PATIENT WHO IS A CARDHOLDER. 4
25—602. 5
(A) A SCHOOL OR LANDLORD MAY NOT REFUSE TO ENROLL OR LEASE 6 TO, OR OTHERWISE PENALIZE, A PERSON SOLELY FOR THE PERSON’S STATUS AS 7 A CARDHOLDER WHO IS A QUALIFYING PATIENT OR A DESIGNATED CAREGIVER. 8
(B) AN EMPLOYER MAY NOT DISCRIMINATE AGAINST A PERSON IN 9 HIRING OR TERMINATING OR IN ANY OTHER CONDITION OF EMPLOYMENT, OR 10 OTHERWISE PENALIZE A PERSON, IF THE DISCRIMINATION IS BASED ON: 11
(1) THE PERSON’S STATUS AS A CARDHOLDER WHO IS A 12 QUALIFYING PATIENT OR A CARDHOLDER WHO IS A DESIGNATED CAREGIVER; 13 OR 14
(2) THE PERSON’S POSITIVE DRUG TEST FOR MARIJUANA 15 COMPONENTS OR METABOLITES, IF THE PERSON IS A CARDHOLDER WHO IS A 16 QUALIFYING PATIENT UNLESS THE PATIENT USED, POSSESSED, OR WAS 17 IMPAIRED BY MARIJUANA ON THE PREMISES OF THE PLACE OF EMPLOYMENT 18 OR DURING THE HOURS OF EMPLOYMENT. 19
25—603. 20
(A) THERE IS A PRESUMPTION THAT A QUALIFYING PATIENT OR 21 DESIGNATED CAREGIVER IS ENGAGED IN THE MEDICAL USE OF MARIJUANA IF 22 THE QUALIFYING PATIENT OR DESIGNATED CAREGIVER: 23
(1) POSSESSES A REGISTRY IDENTIFICATION CARD; AND 24
(2) POSSESSES AN AMOUNT OF MARIJUANA THAT DOES NOT 25 EXCEED THE ALLOWABLE AMOUNT UNDER THIS TITLE. 26
(B) THE PRESUMPTION UNDER SUBSECTION (A) OF THIS SECTION MAY 27 BE REBUTTED BY EVIDENCE OF CONDUCT THAT DEMONSTRATES THAT THE 28 MARIJUANA WAS NOT FOR THE PURPOSE OF ALLEVIATING A QUALIFYING 29 PATIENT’S DEBILITATING MEDICAL CONDITION OR SYMPTOMS ASSOCIATED 30 WITH THE MEDICAL CONDITION. 31
25—604. 32
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(A) A PERSON MAY NOT BE DENIED CUSTODY OR VISITATION WITH A 1 MINOR FOR THE SOLE REASON OF CONDUCT ALLOWED UNDER THIS TITLE. 2
(B) THERE MAY NOT BE A PRESUMPTION OF NEGLECT OR CHILD 3 ENDANGERMENT FOR THE SOLE REASON OF CONDUCT ALLOWED UNDER THIS 4 TITLE. 5
25—605. 6
FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN 7 TRANSPLANTS, THE MEDICAL USE OF MARIJUANA IN ACCORDANCE WITH THIS 8 TITLE SHALL BE CONSIDERED THE EQUIVALENT OF THE AUTHORIZED USE OF 9 ANY OTHER MEDICATION USED AT THE DIRECTION OF A PHYSICIAN, AND MAY 10 NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE. 11
25—606. 12
(A) A QUALIFYING PATIENT WHO IS A CARDHOLDER MAY NOT BE 13 SUBJECT TO ARREST, PROSECUTION, OR PENALTY, INCLUDING DISCIPLINARY 14 ACTION BY AN OCCUPATIONAL LICENSING BOARD, FOR OFFERING OR GIVING 15 MARIJUANA TO A CARDHOLDER WHO IS A QUALIFYING PATIENT OR A 16 DESIGNATED CAREGIVER THAT IS INTENDED FOR THE USE OF A QUALIFYING 17 PATIENT WHO IS A CARDHOLDER IF: 18
(1) NOTHING OF VALUE IS TRANSFERRED IN RETURN FOR THE 19 MARIJUANA; AND 20
(2) THE QUALIFYING PATIENT WHO IS GIVING THE MARIJUANA 21 DOES NOT KNOWINGLY CAUSE THE RECIPIENT TO POSSESS MORE MARIJUANA 22 THAN IS PERMITTED UNDER THIS TITLE. 23
(B) A DESIGNATED CAREGIVER WHO IS A CARDHOLDER MAY NOT BE 24 SUBJECT TO ARREST, PROSECUTION, OR PENALTY, INCLUDING DISCIPLINARY 25 ACTION BY AN OCCUPATIONAL LICENSING BOARD, FOR OFFERING OR GIVING 26 MARIJUANA TO A CARDHOLDER WHO IS A QUALIFYING PATIENT OR A 27 DESIGNATED CAREGIVER THAT IS INTENDED FOR THE USE OF A QUALIFYING 28 PATIENT WHO IS A CARDHOLDER IF: 29
(1) NOTHING OF VALUE IS TRANSFERRED IN RETURN FOR THE 30 MARIJUANA; AND 31
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(2) THE DESIGNATED CAREGIVER WHO IS GIVING THE 1 MARIJUANA DOES NOT KNOWINGLY CAUSE THE RECIPIENT TO POSSESS MORE 2 MARIJUANA THAN IS PERMITTED UNDER THIS TITLE. 3
25—607. 4
(A) ANY MARIJUANA, MARIJUANA PARAPHERNALIA, OR OTHER 5 PROPERTY THAT IS POSSESSED, OWNED, OR USED IN CONNECTION WITH THE 6 MEDICAL USE OF MARIJUANA AUTHORIZED UNDER THIS TITLE MAY NOT BE 7 SEIZED OR FORFEITED. 8
(B) THIS SECTION DOES NOT PROHIBIT THE SEIZURE OR FORFEITURE 9 OF MARIJUANA THAT EXCEEDS THE AMOUNTS AUTHORIZED UNDER THIS TITLE. 10
25—608. 11
(A) A REGISTERED COMPASSION CENTER MAY NOT BE SUBJECT TO THE 12 FOLLOWING SOLELY FOR ACTING IN ACCORDANCE WITH THIS TITLE AND 13 REGULATIONS ADOPTED UNDER THIS TITLE: 14
(1) PROSECUTION; 15
(2) SEARCH, EXCEPT BY THE DEPARTMENT UNDER § 25—305 OF 16 THIS TITLE; 17
(3) SEIZURE; OR 18
(4) ANY OTHER PENALTY, INCLUDING A CIVIL PENALTY OR A 19 DISCIPLINARY ACTION BY A COURT OR AN OCCUPATIONAL LICENSING BOARD. 20
(B) A COMPASSION CENTER ASSOCIATE MAY NOT BE SUBJECT TO THE 21 FOLLOWING SOLELY FOR WORKING FOR A REGISTERED COMPASSION CENTER IN 22 ACCORDANCE WITH THIS TITLE AND REGULATIONS ADOPTED UNDER THIS 23 TITLE: 24
(1) PROSECUTION; 25
(2) SEARCH, EXCEPT BY THE DEPARTMENT UNDER § 25—305 OF 26 THIS TITLE; 27
(3) SEIZURE; OR 28
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(4) ANY OTHER PENALTY, INCLUDING A CIVIL PENALTY OR A 1 DISCIPLINARY ACTION BY A COURT OR AN OCCUPATIONAL LICENSING BOARD. 2
25—609. 3
IF A STATE OR LOCAL LAW ENFORCEMENT AGENCY ENCOUNTERS A 4 PERSON WHO, DURING THE COURSE OF INVESTIGATION, CREDIBLY ASSERTS 5 THAT THE PERSON HOLDS A REGISTRY IDENTIFICATION CARD ISSUED UNDER 6 THIS TITLE OR IS AN ENTITY WHOSE PERSONNEL CREDIBLY ASSERT IS A 7 COMPASSION CENTER, THE LAW ENFORCEMENT AGENCY MAY NOT PROVIDE ANY 8 INFORMATION FROM AN INVESTIGATION RELATED TO MARIJUANA OF THE 9 PERSON TO A LAW ENFORCEMENT AGENCY THAT DOES NOT RECOGNIZE THE 10 PROTECTIONS PROVIDED IN THIS TITLE. 11
25—610. 12
(A) (1) THIS TITLE DOES NOT AUTHORIZE: 13
(I) A PERSON TO UNDERTAKE A TASK UNDER THE 14 INFLUENCE OF MARIJUANA WHEN DOING SO WOULD CONSTITUTE NEGLIGENCE 15 OR PROFESSIONAL MALPRACTICE; 16
(II) THE SMOKING OF MARIJUANA: 17
1. ON ANY FORM OF PUBLIC TRANSPORTATION; OR 18
2. IN ANY PUBLIC PLACE; 19
(III) THE POSSESSION OR MEDICAL USE OF MARIJUANA: 20
1. IN A SCHOOL BUS; 21
2. ON THE GROUNDS OF ANY PRESCHOOL OR 22 PRIMARY OR SECONDARY SCHOOL; OR 23
3. IN ANY CORRECTIONAL FACILITY; 24
(IV) A PERSON TO OPERATE, NAVIGATE, OR BE IN ACTUAL 25 PHYSICAL CONTROL OF A MOTOR VEHICLE, AIRCRAFT, OR MOTORBOAT WHILE 26 UNDER THE INFLUENCE OF MARIJUANA; OR 27
(V) USE MARIJUANA IF THE PERSON DOES NOT HAVE A 28 DEBILITATING MEDICAL CONDITION. 29
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(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, A 1 QUALIFYING PATIENT WHO IS A CARDHOLDER MAY NOT BE CONSIDERED TO BE 2 UNDER THE INFLUENCE SOLELY FOR HAVING MARIJUANA METABOLITES IN THE 3 PATIENT’S SYSTEM. 4
(B) NOTHING IN THIS TITLE MAY BE CONSTRUED TO REQUIRE: 5
(1) A GOVERNMENT MEDICAL ASSISTANCE PROGRAM OR PRIVATE 6 HEALTH INSURER TO REIMBURSE A PERSON FOR COSTS ASSOCIATED WITH THE 7 MEDICAL USE OF MARIJUANA; 8
(2) AN EMPLOYER TO ACCOMMODATE THE MEDICAL USE OF 9 MARIJUANA IN A WORKPLACE; OR 10
(3) A PERSON TO ALLOW A GUEST, CLIENT, CUSTOMER, OR 11 OTHER VISITOR TO USE MARIJUANA ON OR IN PROPERTY OWNED BY THE 12 PERSON. 13
SUBTITLE 7. CONFIDENTIALITY AND VERIFICATION SYSTEM. 14
25—701. 15
(A) (1) APPLICATIONS AND SUPPORTING INFORMATION SUBMITTED 16 BY QUALIFYING PATIENTS AND DESIGNATED CAREGIVERS, INCLUDING 17 INFORMATION REGARDING THEIR PRIMARY CAREGIVERS AND PRACTITIONERS, 18 ARE CONFIDENTIAL AND PROTECTED UNDER THE FEDERAL HEALTH 19 INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996. 20
(2) APPLICATIONS AND SUPPORTING INFORMATION SUBMITTED 21 BY COMPASSION CENTERS AND COMPASSION CENTER PERSONNEL OPERATING 22 IN COMPLIANCE WITH THIS TITLE ARE CONFIDENTIAL. 23
(B) (1) THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST 24 OF PERSONS TO WHOM THE DEPARTMENT HAS ISSUED REGISTRY 25 IDENTIFICATION CARDS. 26
(2) EXCEPT TO AUTHORIZED EMPLOYEES OF THE DEPARTMENT 27 AS NECESSARY TO PERFORM OFFICIAL DUTIES OF THE DEPARTMENT, 28 INDIVIDUAL NAMES AND OTHER IDENTIFYING INFORMATION ON THE LIST 29 SHALL BE CONFIDENTIAL, EXEMPT FROM THE PROVISIONS OF THE MARYLAND 30 PUBLIC INFORMATION ACT, AND NOT SUBJECT TO DISCLOSURE. 31
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(C) (1) (I) A PERSON, INCLUDING AN EMPLOYEE OR OFFICIAL OF 1 THE DEPARTMENT OR ANOTHER STATE AGENCY OR LOCAL GOVERNMENT, MAY 2 NOT BREACH THE CONFIDENTIALITY OF INFORMATION OBTAINED UNDER THIS 3 SUBTITLE. 4
(II) A PERSON WHO VIOLATES THIS PARAGRAPH IS GUILTY 5 OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT 6 EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $1,000 OR BOTH. 7
(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION: 8
(I) EMPLOYEES OF THE DEPARTMENT MAY NOTIFY LAW 9 ENFORCEMENT OFFICIALS ABOUT FALSIFIED OR FRAUDULENT INFORMATION 10 SUBMITTED TO THE DEPARTMENT IF THE EMPLOYEE FIRST CONFERS WITH 11 ANOTHER EMPLOYEE AND BOTH AGREE THAT CIRCUMSTANCES EXIST THAT 12 WARRANT REPORTING; 13
(II) THE DEPARTMENT MAY NOTIFY LAW ENFORCEMENT 14 OFFICIALS ABOUT APPARENT CRIMINAL VIOLATIONS OF THIS TITLE IF THE 15 EMPLOYEE WHO SUSPECTS THE OFFENSE CONFERS WITH THE EMPLOYEE’S 16 SUPERVISOR AND BOTH AGREE THAT CIRCUMSTANCES EXIST THAT WARRANT 17 REPORTING; AND 18
(III) COMPASSION CENTER ASSOCIATES MAY NOTIFY THE 19 DEPARTMENT OF A SUSPECTED OR ATTEMPTED VIOLATION OF THIS TITLE OR 20 ANY REGULATIONS ADOPTED UNDER THIS TITLE. 21
25—702. 22
(A) ON OR BEFORE OCTOBER 1, 2012, THE DEPARTMENT 23 SHALL ESTABLISH A SECURE, PASSWORD—PROTECTED, INTERNET—BASED 24 VERIFICATION SYSTEM THAT IS OPERATIONAL 24 HOURS A DAY THAT LAW 25 ENFORCEMENT PERSONNEL AND COMPASSION CENTER ASSOCIATES MAY 26 ACCESS TO VERIFY REGISTRY IDENTIFICATION CARDS. 27
(B) THE VERIFICATION SYSTEM REQUIRED UNDER THIS SECTION 28 SHALL: 29
(1) ALLOW LAW ENFORCEMENT PERSONNEL AND COMPASSION 30 CENTER ASSOCIATES TO ENTER THE IDENTIFICATION NUMBER ON A REGISTRY 31 IDENTIFICATION CARD TO DETERMINE WHETHER THE IDENTIFICATION NUMBER 32 CORRESPONDS WITH A CURRENT AND VALID REGISTRY IDENTIFICATION CARD; 33
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(2) DISCLOSE THE NAME AND PHOTOGRAPH OF THE HOLDER OF 1 THE REGISTRY IDENTIFICATION CARD, BUT MAY NOT DISCLOSE THE ADDRESS 2 OF THE CARDHOLDER; 3
(3) DISPLAY THE AMOUNT AND QUANTITY OF MARIJUANA THAT A 4 REGISTERED QUALIFYING PATIENT RECEIVED FROM COMPASSION CENTERS IN 5 THE PREVIOUS 60 DAYS; AND 6
(4) ALLOW COMPASSION CENTER ASSOCIATES TO ENTER 7 INFORMATION ON THE AMOUNT OF MARIJUANA GIVEN TO REGISTERED 8 QUALIFYING PATIENTS OR TO THEIR DESIGNATED CAREGIVERS, ALONG WITH 9 THE DATE AND TIME THE MARIJUANA WAS DISPENSED. 10
(C) THE VERIFICATION SYSTEM REQUIRED UNDER THIS SECTION SHALL 11 INCLUDE THE FOLLOWING SECURITY FEATURES: 12
(1) IF AN AUTHORIZED USER ENTERS FIVE INVALID REGISTRY 13 IDENTIFICATION NUMBERS WITHIN 5 MINUTES, THE USER MAY NOT LOG INTO 14 THE SYSTEM AGAIN FOR 10 MINUTES; AND 15
(2) THE VERIFICATION SYSTEM SHALL REJECT ANY LOG—IN 16 REQUEST THAT IS NOT OVER AN ENCRYPTED CONNECTION. 17
(D) (1) THE DEPARTMENT SHALL DESTROY ANY HARD DRIVES 18 CONTAINING CARDHOLDER INFORMATION IF THE HARD DRIVES ARE NO 19 LONGER IN USE. 20
(2) THE DEPARTMENT SHALL RETAIN A SIGNED STATEMENT 21 FROM AN EMPLOYEE OF THE DEPARTMENT CONFIRMING THAT THE HARD 22 DRIVES WERE DESTROYED. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 June 1, 2012. 25
