23 Legal States

Maryland Medical Marijuana Laws

Full Text of Maryland Medical Marijuana Law

Darrell Putman Medical Research Compassionate Use Act

HOUSE BILL 702

Unofficial Copy 2003 Regular Session

J1 3lr1634

CF 3lr0653

____________________________________________________________________________________

By: Delegates Morhaim, Redmer, Anderson, Barve, Bates, Bobo, Boteler, Boutin, Bromwell, Bronrott, Cardin, Carter, G. Clagett, V. Clagett, C. Davis, Dumais, Dwyer, Feldman, Frank, Fulton, Goldwater, Gordon, Griffith, Gutierrez, Hammen, Heller, Hixson, Hogan, Hurson, Hutchins, Kach, Kirk, Krysiak, Lee, Madaleno, Mandel, Marriott, McComas, McHale, McIntosh, Menes, Minnick, Murray, Nathan-Pulliam, Niemann, Oaks, Paige, Pendergrass, Rosenberg, Ross, Rzepkowski, Simmons, Smigiel, F. Turner, Weldon, and Zirkin

Introduced and read first time: February 7, 2003

Assigned to: Judiciary

_____________________________________________________________________________________

Committee Report: Favorable with amendments

House action: Adopted

Read second time: March 13, 2003

_____________________________________________________________________________________

[...] (3) (I) IN A PROSECUTION FOR THE USE OR POSSESSION OF MARIJUANA, THE DEFENDANT MAY INTRODUCE AND THE COURT SHALL CONSIDER AS A MITIGATING FACTOR ANY EVIDENCE OF MEDICAL NECESSITY.
(II) NOTWITHSTANDING PARAGRAPH (2) OF THIS SUBSECTION, IF THE COURT FINDS THAT THE PERSON USED OR POSSESSED MARIJUANA BECAUSE OF MEDICAL NECESSITY, ON CONVICTION OF A VIOLATION OF THIS SECTION, THE MAXIMUM PENALTY THAT THE COURT MAY IMPOSE ON THE PERSON IS A FINE NOT EXCEEDING $100.…. Read More.

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Personal Use

10 g. or less

Misdemeanor

90 days

$ 500

10 g. - 50 lbs.

Misdemeanor

1 year

$ 1,000

With Intent To Distribute

Less than 50 lbs.

Felony

5 years

$ 15,000

More than 50 lbs.

Felony

5* years

$ 15,000

More than 50 lbs. (Drug kingpin)

Felony

20 - 40 years

$ 1,000,000

In a school vehicle, or in, on, or within 1,000 feet of an elementary or secondary school.

Felony

2 - 5 years

$40,000

Involving a minor

Felony

20 years

$ 20,000

* Subsequent offense carries a mandatory minimum sentence of 2 years.

Trafficking

5 kg. - 45 kg.

Felony

10 years

$10,000

More than 45 kg.

Felony

25 years

$50,000

In possession of a firearm while trafficking.

Felony

5* - 20 years

N/A

* Mandatory minimum sentence.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia

Misdemeanor

1 year

$1,000

Selling paraphernalia   

Misdemeanor

2 years

$2,000

To a minor who is at least 3 years younger.

Misdemeanor  

8 years

$15,000

Advertising the distribution of paraphernalia.

Misdemeanor  

2 years

$2,000

Paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana.

 

Maryland Marijuana Minimum Penalties

  1. Maryland has a mandatory minimum sentences for Repeat offenders who have been convicted of possession to distribute on 2 or more occasions (2 years).
  2. Possessing marijuana with the intent to distribute in a school vehicle, or in, on, or within 1,000 feet of real property owned by or leased to an elementary school or secondary school, is a felony and is punishable by, for a first violation, imprisonment not exceeding 20 years and a fine not exceeding $20,000, and for each subsequent violation, imprisonment not less than 5 years and not exceeding 40 years and a fine not exceeding $40,000. These penalties are in addition to any other conviction.
  3. Repeat offenders who have previously been convicted of possession with intent to distribute within 1,000 ft. of a school on 2 or more occasions (5 years).

Maryland Drug King Pin Penalties

  1. If an individual is found to be a "drug kingpin" (an organizer, supervisor, financier, or manager who acts as a co-conspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance), and dealt with more than 50 lbs. of marijuana, then they are guilty of a felony and subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole and a fine not exceeding $1,000,000.

Any offender who is in possession of a firearm at the time they are arrested for trafficking marijuana into MD (10 years)


Maryland Marijuana Paraphernalia Penalties

Under MD law, paraphernalia includes all equipment and materials used in the use, manufacture, or distribution of marijuana. This includes all agricultural materials used in the growing process, including electronic equipment and typical gardening supplies, such as lights, fertilizer, and top soil. §5-101 also includes under its definition items such as scales, plastic bags, and others used in the distribution process. Hash bubble sacks are paraphernalia. These items are joined by the typical forms of paraphernalia involved in the ingestion of marijuana, including pipes, bongs, and roach clips. Rolling papers and blunt wraps are not included under the statutory definition.

If a person is convicted of selling paraphernalia, then they are guilty of a misdemeanor and can be sentenced, for a first violation, a fine not exceeding $500, and for each subsequent violation, imprisonment not exceeding 2 years and a fine not exceeding $2,000.

If a person is caught in possession of paraphernalia and marijuana, then they are guilty of a misdemeanor and subject to imprisonment not exceeding 1 year and a fine not exceeding $1,000.

If an adult delivers drug paraphernalia to a minor who is at least 3 years younger than the person, the person is guilty of a separate misdemeanor and on conviction is subject to imprisonment not exceeding 8 years and a fine not exceeding $15,000.

Advertising the distribution of paraphernalia is a misdemeanor and can be punished, for a first violation, with a fine not exceeding $500, and for each subsequent violation, with imprisonment for not exceeding 2 years and a fine not exceeding $2,000.