and use of medical cannabis is a violation of the federal Controlled Substances
Act, and compliance with Maryland State medical cannabis laws is not a legal
defense to a violation of federal law. The U.S. Department of Justice (DOJ) has
the authority to enforce federal cannabis laws, even in states with authorized
medical cannabis programs. However, federal budget legislation passed in 2014, subject
to reauthorization each year, prohibits the DOJ from interfering with the
implementation of State medical cannabis programs. Courts have consistently interpreted
this statutory provision to protect “individuals who engaged in conduct
permitted by state medical marijuana laws and who fully complied with such
laws.” U.S. v. McIntosh, 833 F.3d
1163 (9th Cir. 2016).
law bars medical cannabis patients from purchasing or possessing firearms. The
Federal Gun Control Act, 18 U.S.C. § 922(g)(3), prohibits any person who is an ‘unlawful user
of or addicted to any controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)’ from shipping, transporting,
receiving or possessing firearms or ammunition. Marijuana is listed in the
Controlled Substances Act as a Schedule I controlled substance, and there are
no exceptions in Federal law for marijuana purportedly used for medicinal
purposes, even if such use is sanctioned by State law.
Medical cannabis patient information contained
in Maryland’s patient registry is considered confidential, protected health
information and held in compliance with federal HIPAA regulations by the
Maryland Medical Cannabis Commission. However, the Maryland State Police query individuals
who seek to purchase a gun about their status as a medical cannabis patient and
bar those who disclose that they are medical cannabis patients from making the
transaction. Individuals who provide false information by failing to disclose
that they are a medical cannabis patient when purchasing a firearm are in
violation of federal statute, punishable by up to 10
years in prison and a fine of as much as $250,000.
Yes, a patient does need an ID card from MMCC to participate in the program at this time.
A patient needs an in-person visit with a registered provider with whom the patient has a “bona fide provider-patient relationship”. If the patient meets the provider's criteria for treatment with medical cannabis, the provider will issue a certification.
Maryland law defines this term. Essentially it is a treatment or counseling relationship between a provider and patient in which the provider reviews the patient's relevant medical records, completes an in-person assessment of the patient's medical history and current medical condition, creates and maintains medically standardized records, expects to monitor patient program, and takes any medically indicated action to follow up.
The patient may go to any licensed dispensary to pick up medical cannabis.
After the provider has examined the patient and the patient’s records, the provider may issue the patient a certification immediately.
If the patient has a chronic or debilitating disease or medical condition that causes: cachexia, anorexia, wating syndrome, severe or chronic pain, severe nausea, seizures, severe or persistent muscle spasms, glaucoma, post-traumatic stress disorder (PTSD), or another chronic medical condition which is severe and for which other treatments have been ineffective.
A Maryland patient can only obtain legal medical cannabis from a Maryland-licensed dispensary.
The certification issued by a provider for a patient identifies the amount of dried flower and THC that the patient may purchase in a 30-day period. The limit is calculated as a ROLLING 30-day limit- not by calendar month.
A patient can order an ID card by logging into their account through the MMCC website however, a patient may only order an ID card after their patient application has been approved and they have received certification from a registered provider.
If your patient ID card is lost, stolen or damaged you must login to your MMCC account and report it. There will be a replacement card cost of $100.
A legal patient may travel to any location in the state of Maryland (other than federal government property when in possession of medical cannabis). Possession of cannabis is a violation of federal law and Maryland residents should carefully read the current state statutes regarding the use of medical cannabis and be aware that taking cannabis across State lines is a federal offense. Cannabis is also illegal on federal government property. The State of Maryland laws cannot authorize you to travel to other states, jurisdictions or countries with this medicine in your possession.
A patient may designate up to two persons as caregivers.
Caregivers must be 21 years old or older.
Yes, a caregiver may be a family member.
No, Maryland law does not allow this.
Children who meet their provider's criteria for treatment can become legal patients in Maryland. However, children must have a parent or guardian serve as a caregiver.
Veterans can obtain medical cannabis in the same way as other patients, but not from the Veterans Affairs health system. Veterans need to confirm through the office of Veteran Affairs that they are permitted to use medical cannabis as part of their certified provider recommendation without consequence to their current position or health care system.
Providing any financial relief for patients will be a decision made by individual dispensaries.
A patient should notify the Commission within 3 days of address change.
A patient may obtain medical cannabis from a dispensary of their choice. The patient’s certification will be recorded in the Commission’s database and can be confirmed by any licensed dispensary.
Patients do not have to disclose that they possess medical cannabis and do not have to consent to a search. However, if a search is conducted and medical cannabis is found, the patient should present their patient ID card or direct law enforcement to our database.
Health insurers are not required to cover the cost of medical cannabis.
There are no fees unless a qualifying patient requests an ID card. Patients do not have to pay the Commission to register.
A patient or caregiver must submit an application on this website.
There are no reduced fees for seniors.
Any person who lives in Maryland can participate in the program.
A person from out-of-state who is in the state for the purpose of receiving medical care can be issued a written certification and obtain medical cannabis.
Important: Effective December 14, 2017 the Commission extended the administrative hold on out-of-state patient applicants until further notice. As a result of this hold, out-of-state patient applications will not be reviewed at this time, and applicants who live outside the State may not access medical cannabis at Maryland licensed dispensaries. Please see Bulletin: 2018- 002 for additional information.
Not at this time.
That is a medical question that the Commission cannot answer. You need to discuss this question with your physician.
Maryland law does not prevent an employer from testing for use of cannabis (for any reason) or taking action against an employee who tests positive for use of cannabis (for any reason).
There is no plan to add Edibles and additional medical conditions at this time.
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