Laws & Regulations

Laws & Regulations

​​Compilation of Medical Cannabis Laws:

Maryland Medical Cannabis Laws; Updated September 2015  (Corrected)

Final Medical Cannabis Regulations:

To read the complete set of promulgated regulations, which became effective on September 14, 2015, go to the Division of State Documents website. The Natalie LaPrade Medical Commission regulations are in Subtitle 62.

http://www.dsd.state.md.us/COMAR/subtitle_chapters/10_Chapters.aspx#Subtitle62

On April 22, 2015, the Maryland Medical Cannabis Commission met to further consider regulations to implement the medical Cannabis law. The Commission withdrew from further consideration the draft regulations that were published in the Maryland Register on January 23, 2015 (Volume 42 - Issue 2 - Pages 214-244)​ January 23, 2015  That draft, completed by the Commission before the General Assembly considered H.B. 490, was also the basis for the submission of comments received from 57 members of the public.

The Commission carefully considered the public comments, the further comments on a proposed revised draft posted on the Commission website on March 20, 2015, and the text and objectives of the General Assembly in enacting H.B. 490.  The Commission then adopted a new draft regulation to forward to the Secretary of Health and Mental Hygiene, posted on the Commission website, dated April 22, 2015. These regulations will be subject to the standard regulatory review process of consideration by the Secretary, the Attorney General and the Joint Committee on Legislative, Executive and Administrative Review (AELR).

Laws & Regulations FAQ

Where can I find the final regulations?

 

​To read the complete set of promulgated regulations, which became effective on September 14, 2015, go to the Division of State Documents website​. The Natalie LaPrade Medical Commission regulations are in Subtitle 62.

What, if any, formal role will a local government play in the final licensure decision-making process?

 

​Pursuant to statute and/or regulation, an entity seeking licensure with the Commission as a grower, processor, or a dispensary is required to meet all local zoning and planning requirements. There is no further formal procedure set out for input by local government.

Can local zoning officials institute a local ban on medical cannabis in their county or municipality? Does Maryland's Constitution permit such a measure?

 

On September 22, 2015, the Attorney General of Maryland issued an advisory opinion on the subject.

My physician says he won’t register with the Maryland Medical Cannabis Commission to provide me with a written certification because he is afraid he may lose his DEA registration or even be criminally prosecuted.

 

​Doctors are protected. Thousands of doctors around the nation have been writing recommendations to their patients to use medical cannabis pursuant to state laws since 1996, and have not been prosecuted. Beginning in 2009, the U.S. Department of Justice directed federal prosecutors not to prosecute physicians and patients who were complying with state law. In addition, in December 2014, Congress specifically barred the Department of Justice from spending any funds that interfere in the implementation of various states medical cannabis programs, and specifically included Maryland. Finally, in the only ruling by a high-level federal court regarding physicians recommending medical use of cannabis, the United States Court of Appeals for the Ninth Circuit affirmed an injunction blocking the government from interfering with the First Amendment rights of doctors and patients to speak to each other about medical cannabis, and for a doctor to recommend medical cannabis to their patient.​