An

Overview of Marylands Medical Marijuana Law

On April 14, 2014, Maryland Gov. Martin OMalley signed twin bills HB 881 and SB
923 into law, making Maryland the 21st state with an effective medical marijuana
program. Maryland joins 20 other states and the District of Columbia in protecting
patients whose doctors recommend medical marijuana.

Wait, I thought Maryland already had a medical marijuana law?

Maryland is transitioning from having an unworkable research-based program to
having an effective program that will provide real access to patients. In 2013,
Maryland lawmakers approved a medical marijuana law, establishing the Natalie M.
LaPrade Medical Marijuana Commission, but it relied on teaching hospitals to
implement the program and dispense the medicine. Understandably, hospitals were
reluctant to be involved in distributing a substance that is still federally illegal. HB
881 and SB 923 do not remove hospitals ability to participate in such research if
they so wish. It simply gives patients options for realistic access to medical
marijuana as well.

In addition, in 2011, the Maryland General Assembly approved an affirmative
defense, which merely prevents patients who have been charged with possessing up
to an ounce of marijuana from being convicted if they prove the medical necessity
defense. That law failed to provide for access to medical marijuana. With the
passage of the 2014 law, registered patients will not be arrested in the first place,
and they will be able to safely access medical marijuana.

So, generally, what does this new law do?

This law allows qualifying patients to possess up to a 30-day supply of medical
marijuana (as determined by the Commission), and establishes the process by
which patients can qualify for medical marijuana. It also allows licensed
dispensaries to distribute medical marijuana and, initially, a maximum of 15
licensed medical marijuana cultivators to grow it. There is no limit to the number of
dispensaries that the Commission may license.

When does the law take effect?
The law takes effect on June 1, 2014. The Commission must adopt its final
regulations for the medical marijuana program by September 15, 2014.

How do patients and their caregivers qualify for legal protection under the
new law?

The patients physician, with whom the patient has a bona fide physician-patient
relationship, must issue a written recommendation certifying the potential benefits

of the medical use of marijuana would likely outweigh the health risks for the
patient. Physicians must provide the written recommendations directly to the
Commission, who will then issue an identification card to each qualifying patient or
caregiver named.

A patient can qualify if he or she suffers from a medical condition or its medical
treatment that causes one or more of the following:
Cachexia, anorexia, or wasting syndrome;
Severe or chronic pain;
Severe nausea;
Seizures; or
Severe or persistent muscle spasms.

The law also allows recommendations for any other condition that is severe and for
which other medical treatments have been ineffective if the symptoms reasonable
can be expected to be relieved by the medical use of marijuana.

What must a physician do to be allowed to provide written recommendations?
Any licensed physician in the state of Maryland may qualify to recommend medical
marijuana to his or her patient. He or she must simply submit to the Commission a
proposal that includes:

The reason for including the patient in the written recommendation,
including the patients qualifying condition;
The reasons the physician would use to exclude any patient from a
recommendation;
The physicians plan for screening a patient for drug dependence, before and
after the qualifying patient receives the recommendation;
The physicians plan for the ongoing assessment and follow-up care of the
patient, and for collecting and analyzing data.

Where can patients and caregivers obtain medical marijuana?
Medical marijuana can only be legally obtained from a licensed dispensary or
directly from one of the 15 licensed medical marijuana growers.

Beginning June 1, 2016, the Commission may increase the number of licensed
growers in order to meet demand and provide for patient access in an affordable,
accessible, secure, and efficient manner.

Can patients and caregivers grow their own medical marijuana?
No. They must purchase it from one of the sources listed above.

How much marijuana can patients possess?
The law allows for a 30-day supply, which has yet to be determined by the
Commission.


Who will regulate the medical marijuana program?

Marylands medical marijuana program is regulated by the Natalie M. LaPrade
Medical Marijuana Commission, which was formed in 2013. The Commission is an
independent group that functions within the Maryland Department of Health and
Mental Hygiene, and oversees the implementation of the medical marijuana
program.

The committee is composed of 15 members, including one patient representative,
various medical experts, and law enforcement officials. Three new members will be
added based on the 2014 law: a horticulturalist appointed by the Department of
Agriculture, a representative of the University of Maryland, and a representative of
the Office of the Comptroller.