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Statutes Text

Article - Alcoholic Beverages and Cannabis




§36–302.

    (a)    A qualifying patient or caregiver may obtain medical cannabis from a dispensary licensed by the Administration.

    (b)    (1)    A qualifying patient who is at least 21 years old may not cultivate more than four cannabis plants.

        (2)    If two or more qualifying patients who are at least 21 years old reside at the same residence, not more than four cannabis plants may be cultivated at that residence.

        (3)    Except as provided in paragraphs (1) and (2) of this subsection, a qualifying patient shall comply with the cannabis cultivation requirements established under § 5–601.2 of the Criminal Law Article.

    (c)    A qualifying patient under the age of 18 years may obtain medical cannabis only through:

        (1)    the qualifying patient’s caregiver; or

        (2)    any designated school personnel authorized to administer medical cannabis to a student in accordance with the guidelines established under § 7–446 of the Education Article.

    (d)    A caregiver may serve not more than five qualifying patients at any time.

    (e)    (1)    Except as provided in paragraph (2) of this subsection, a qualifying patient may have not more than two caregivers.

        (2)    A qualifying patient under the age of 18 years may have not more than four caregivers.

    (f)    A sale of cannabis or cannabis products to a qualifying patient is not subject to taxes imposed on the sale of cannabis or cannabis products under § 11–104(k) of the Tax – General Article.

    (g)    A qualifying patient may possess up to:

        (1)    120 grams of usable cannabis; or

        (2)    36 grams of delta–9–tetrahydrocannabinol (THC) in the case of a cannabis–infused product.

    (h)    Designated school personnel described in subsection (c)(2) of this section:

        (1)    may administer to a student only medical cannabis:

            (i)    that is obtained through the student’s caregiver; and

            (ii)    in accordance with dosing, timing, and delivery route instructions as provided by the certifying provider’s written instructions; and

        (2)    are not required to register with the Administration under this subtitle.

    (i)    A caregiver may administer medical cannabis to a student who is a qualifying patient of the caregiver on school property, during school–sponsored activities, and while on a school bus.



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