About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati384630.tmp
Article - Health - General
§13–3301.      IN EFFECT
(a)   In this subtitle the following words have the meanings indicated.
(b)   “Caregiver” means:
(1)   A person who has agreed to assist with a qualifying patient’s medical use of cannabis; and
(2)   For a qualifying patient under the age of 18 years, a parent or legal guardian.
(c)   “Certifying physician” means an individual who:
(1)   Has an active, unrestricted license to practice medicine that was issued by the State Board of Physicians under Title 14 of the Health Occupations Article;
(2)   Is in good standing with the State Board of Physicians;
(3)   Has a State controlled dangerous substance registration; and
(4)   Is registered with the Commission to make cannabis available to patients for medical use in accordance with regulations adopted by the Commission.
(d)   “Commission” means the Natalie M. LaPrade Medical Cannabis Commission established under this subtitle.
(e)   “Dispensary” means an entity licensed under this subtitle that acquires, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers cannabis, products containing cannabis, related supplies, related products containing cannabis including food, tinctures, aerosols, oils, or ointments, or educational materials for use by a qualifying patient or caregiver.
(f)   “Dispensary agent” means an owner, a member, an employee, a volunteer, an officer, or a director of a dispensary.
(g)   “Fund” means the Natalie M. LaPrade Medical Cannabis Commission Fund established under § 13–3303 of this subtitle.
(h)   “Grower” means an entity licensed under this subtitle that:
(1)    (i)   Cultivates, manufactures, processes, packages, or dispenses medical cannabis; or
(ii)   Processes medical cannabis products; and
(2)   Is authorized by the Commission to provide cannabis to a qualifying patient, caregiver, processor, dispensary, or independent testing laboratory.
(i)   “Independent testing laboratory” means a facility, an entity, or a site that offers or performs tests related to the inspection and testing of cannabis and products containing cannabis.
(j)   “Medical cannabis grower agent” mean an owner, an employee, a volunteer, an officer, or a director of a grower.
(k)   “Processor” means an entity that:
(1)   Transforms medical cannabis into another product or extract; and
(2)   Packages and labels medical cannabis.
(l)   “Processor agent” means an owner, a member, an employee, a volunteer, an officer, or a director of a processor.
(m)   “Qualifying patient” means an individual who:
(1)   Has been provided with a written certification by a certifying physician in accordance with a bona fide physician–patient relationship; and
(2)   If under the age of 18, has a caregiver.
(n)   “Written certification” means a certification that:
(1)   Is issued by a certifying physician to a qualifying patient with whom the physician has a bona fide physician–patient relationship; and
(2)   Includes a written statement certifying that, in the physician’s professional opinion, after having completed an assessment of the patient’s medical history and current medical condition, the patient has a condition:
(i)   That meets the inclusion criteria and does not meet the exclusion criteria of the certifying physician’s application; and
(ii)   For which the potential benefits of the medical use of cannabis would likely outweigh the health risks for the patient; and
(3)   May include a written statement certifying that, in the physician’s professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the medical needs of the qualifying patient.
13–3301.      ** TAKES EFFECT JUNE 1, 2017 PER CHAPTER 474 OF 2016 **
(a)   In this subtitle the following words have the meanings indicated.
(b)   “Caregiver” means:
(1)   A person who has agreed to assist with a qualifying patient’s medical use of cannabis; and
(2)   For a qualifying patient under the age of 18 years, a parent or legal guardian.
(c)   “Certifying provider” means an individual who:
(1)    (i)    1.   Has an active, unrestricted license to practice medicine that was issued by the State Board of Physicians under Title 14 of the Health Occupations Article; and
2.   Is in good standing with the State Board of Physicians;
(ii)    1.   Has an active, unrestricted license to practice dentistry that was issued by the State Board of Dental Examiners under Title 4 of the Health Occupations Article; and
2.   Is in good standing with the State Board of Dental Examiners;
(iii)    1.   Has an active, unrestricted license to practice podiatry that was issued by the State Board of Podiatric Medical Examiners under Title 16 of the Health Occupations Article; and
2.   Is in good standing with the State Board of Podiatric Medical Examiners; or
(iv)    1.   Has an active, unrestricted license to practice registered nursing and has an active, unrestricted certification to practice as a nurse practitioner or a nurse midwife that were issued by the State Board of Nursing under Title 8 of the Health Occupations Article; and
2.   Is in good standing with the State Board of Nursing;
(2)   Has a State controlled dangerous substances registration; and
(3)   Is registered with the Commission to make cannabis available to patients for medical use in accordance with regulations adopted by the Commission.
(d)   “Commission” means the Natalie M. LaPrade Medical Cannabis Commission established under this subtitle.
(e)   “Dispensary” means an entity licensed under this subtitle that acquires, possesses, processes, transfers, transports, sells, distributes, dispenses, or administers cannabis, products containing cannabis, related supplies, related products containing cannabis including food, tinctures, aerosols, oils, or ointments, or educational materials for use by a qualifying patient or caregiver.
(f)   “Dispensary agent” means an owner, a member, an employee, a volunteer, an officer, or a director of a dispensary.
(g)   “Fund” means the Natalie M. LaPrade Medical Cannabis Commission Fund established under § 13–3303 of this subtitle.
(h)   “Grower” means an entity licensed under this subtitle that:
(1)    (i)   Cultivates, manufactures, processes, packages, or dispenses medical cannabis; or
(ii)   Processes medical cannabis products; and
(2)   Is authorized by the Commission to provide cannabis to a qualifying patient, caregiver, processor, dispensary, or independent testing laboratory.
(i)   “Independent testing laboratory” means a facility, an entity, or a site that offers or performs tests related to the inspection and testing of cannabis and products containing cannabis.
(j)   “Medical cannabis grower agent” means an owner, an employee, a volunteer, an officer, or a director of a grower.
(k)   “Processor” means an entity that:
(1)   Transforms medical cannabis into another product or extract; and
(2)   Packages and labels medical cannabis.
(l)   “Processor agent” means an owner, a member, an employee, a volunteer, an officer, or a director of a processor.
(m)   “Qualifying patient” means an individual who:
(1)   Has been provided with a written certification by a certifying provider in accordance with a bona fide provider–patient relationship; and
(2)   If under the age of 18 years, has a caregiver.
(n)   “Written certification” means a certification that:
(1)   Is issued by a certifying provider to a qualifying patient with whom the provider has a bona fide provider–patient relationship; and
(2)   Includes a written statement certifying that, in the provider’s professional opinion, after having completed an assessment of the patient’s medical history and current medical condition, the patient has a condition:
(i)   That meets the inclusion criteria and does not meet the exclusion criteria of the certifying provider’s application; and
(ii)   For which the potential benefits of the medical use of cannabis would likely outweigh the health risks for the patient; and
(3)   May include a written statement certifying that, in the provider’s professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the medical needs of the qualifying patient.