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§ 5-602. Manufacturing, distributing, possession with intent to distribute, or dispensing contr...

West's Annotated Code of MarylandCriminal LawEffective: July 1, 2023

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)
Subtitle 6. Crimes Involving Controlled Dangerous Substances and Paraphernalia (Refs & Annos)
Part I. Primary Crimes
Effective: July 1, 2023
MD Code, Criminal Law, § 5-602
Formerly cited as MD CODE Art. 27, § 286
§ 5-602. Manufacturing, distributing, possession with intent to distribute, or dispensing controlled dangerous substance
In general
(a) Except as otherwise provided in this title, a person may not:
(1) distribute or dispense a controlled dangerous substance; or
(2) possess a controlled dangerous substance other than cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.
Distributing or dispensing cannabis
(b)(1) Except as otherwise provided in this title, a person may not possess cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense cannabis.
(2) Possession of the civil use amount of cannabis or the personal use amount of cannabis without other evidence of an intent to distribute or dispense does not constitute a violation of paragraph (1) of this subsection.
Adult sharing of personal use amount of cannabis not prohibited
(c)(1)(i) In this subsection, “adult sharing” means transferring cannabis between persons who are 21 years of age or older without remuneration.
(ii) “Adult sharing” does not include instances in which:
1. cannabis is given away contemporaneously with another reciprocal transaction between the same parties;
2. a gift of cannabis is offered or advertised in conjunction with an offer for the sale of goods or services; or
3. a gift of cannabis is contingent on a separate reciprocal transaction for goods or services.
(2) This section does not prohibit, and no civil or criminal penalty may be imposed for, adult sharing of the personal use amount of cannabis.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2005, c. 482, § 1, eff. Oct. 1, 2005; Acts 2006, c. 327, § 1, eff. Oct. 1, 2006; Acts 2009, c. 684, § 1, eff. Oct. 1, 2009; Acts 2015, c. 490, § 1, eff. Oct. 1, 2015; Acts 2016, c. 515, § 2, eff. Oct. 1, 2017; Acts 2017, c. 569, § 1, eff. May 25, 2017; Acts 2022, c. 26, § 4, eff. July 1, 2023; Acts 2022, c. 26, § 5, eff. Jan. 1, 2023.
Formerly Art. 27, § 286.
MD Code, Criminal Law, § 5-602, MD CRIM LAW § 5-602
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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