Home Table of Contents

§ 13-3314. Activities subject to civil, criminal, or other penalties

West's Annotated Code of MarylandHealth--GeneralEffective: June 1, 2017

West's Annotated Code of Maryland
Health--General
Title 13. Miscellaneous Health Care Programs (Refs & Annos)
Subtitle 33. Natalie M. Laprade Medical Cannabis Commission (Refs & Annos)
Effective: June 1, 2017
MD Code, Health - General, § 13-3314
§ 13-3314. Activities subject to civil, criminal, or other penalties
Activities prohibited
(a) This subtitle may not be construed to authorize any individual to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for, the following:
(1) Undertaking any task under the influence of marijuana or cannabis, when doing so would constitute negligence or professional malpractice;
(2) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or boat while under the influence of marijuana or cannabis;
(3) Smoking marijuana or cannabis in any public place;
(4) Smoking marijuana or cannabis in a motor vehicle; or
(5) Except as provided in subsection (b) of this section, smoking marijuana or cannabis on a private property that:
(i) 1. Is rented from a landlord; and
2. Is subject to a policy that prohibits the smoking of marijuana or cannabis on the property; or
(ii) Is subject to a policy that prohibits the smoking of marijuana or cannabis on the property of an attached dwelling adopted by one of the following entities:
1. The board of directors of the council of unit owners of a condominium regime; or
2. The governing body of a homeowners association.
Exception for vaporizing cannabis
(b) The provisions of subsection (a)(5) of this section do not apply to vaporizing cannabis.
Persons in violation of subtitle not provided immunity
(c) This subtitle may not be construed to provide immunity to a person who violates the provisions of this subtitle from criminal prosecution for a violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled dangerous substances, dangerous drugs, detrimental drugs, or harmful drugs, or any conspiracy or attempt to commit any of those offenses.
Construction of subtitle
(d) This subtitle may not be construed to require a hospital, medical facility, or hospice program to report to the Commission any disciplinary action taken by the hospital, medical facility, or hospice program against a certifying provider, including the revocation of privileges, after the registration of the certifying provider by the Commission.
Construction of subtitle
(e) This subtitle may not be construed to prohibit a person from being concurrently licensed by the Commission as a grower, a dispensary, or a processor.

Credits

Added as Health General § 13-3310 by Acts 2013, c. 403, § 1, eff. Oct. 1, 2013. Renumbered as Health General § 13-3314 and amended by Acts 2014, c. 240, § 1, eff. June 1, 2014; Acts 2014, c. 256, § 1, eff. June 1, 2014. Amended by Acts 2015, c. 251, § 1, eff. May 12, 2015; Acts 2016, c. 474, § 1, eff. June 1, 2017.
MD Code, Health - General, § 13-3314, MD HEALTH GEN § 13-3314
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document