Medical marijuana has been decriminalized in Maryland but they do not have "approvable conditions" meaning it is up to the offender to prove in court "medical necessity".
Medical Marijuana in Maryland
Under Maryland marijuana laws, specifically the medical marijuana affirmative defense law (2003), the court must consider a defendant’s use of medical marijuana to be a mitigating factor in marijuana-related prosecution. If a patient, post-arrest, successfully makes the case at trial that his or her use of marijuana is one of medical necessity, then the maximum penalty allowed would be a $100 fine.
Furthermore, Senate Bill 308, which was signed into law on May 10, 2011, removes fines and criminal penalties for citizens who successfully raise an “affirmative defense” in court establishing that they possessed limited amounts (one ounce or less) of marijuana for medical purposes. Citizens who cultivate cannabis or who possess larger amounts of marijuana may still raise an affirmative defense at trial and, if successful, will have their sentence mitigated.
Additionally, House Bill 1101, which was signed into law on May 2, 2013, establishes an independent, 12-member medical marijuana commission within the state Department of Health. The commission will request applications from Maryland academic medical centers to operate “medical marijuana compassionate use programs,” similar to several Canadian provinces. Members of the new commission will decide which patients qualify for the programs and can license growers to provide cannabis for therapeutic purposes. This law takes effect on October 1, 2013; however, no state-sanctioned research programs are expected to begin until 2015 or later.
Recreational Marijuana Laws
It is still illegal to possess, use, and cultivate Marijuana in the state of Maryland. Punishments are as follows:
Possession of 10 grams or less is a misdemeanor, punishable by 90 days in jail and a $500 fine.
Possession of 10 g to 50 lbs is a misdemeanor, punishable by 1 year in jail and a $1,000 fine.
Possession with intent to distribute less than 50 lbs is a felony, punishable by 5 years in prison and a $15,000 fine.
Possession with intent to distribute more than 50 lbs is a felony, punishable by 5 years in prison and a $15,000 fine. If the court determines you are a kingpin, the penalties go up to 20-40 years in prison and a $1,000,000 fine.
Transporting 5 to 45 kg into the state is a felony, punishable by 10 years in prison and a $10,000 fine.
Transporting 45 kg or more into the state is a felony, punishable by 25 years in prison and a $50,000 fine.
Marijuana is still illegal for non-patient persons under Maryland marijuana laws. If you've received a possession of marijuana citation, the judge may defer your punishment and order you to take a drug and alcohol awareness course. Our courses were designed by experts to make this process easy and convenient. Consider some of the benefits of taking a class online:
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