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§ 5-601.2. Cultivation of cannabis plants

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, § 5-601.2
§ 5-601.2. Cultivation of cannabis plants
Prohibited acts
(a) A person may not cultivate cannabis plants in a manner that is contrary to this section.
Only cultivated in location not subject to public view
(b) Cannabis plants may not be cultivated in a location where the plants are subject to public view, including a view from another private property, without the use of binoculars, aircraft, or other optical aids.
Secure from unauthorized access
(c)(1) In this subsection, “reasonable precautions” includes cultivating cannabis in an enclosed locked space to which persons under the age of 21 years do not possess a key.
(2) A person who cultivates cannabis shall take reasonable precautions to ensure the plants are secure from unauthorized access and access by a person under the age of 21 years.
Consent of person in lawful possession of property
(d) Cannabis cultivation may occur only on property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property.
Age requirement
(e) A person under the age of 21 years may not cultivate cannabis plants.
Limit on number of plants
(f)(1) A person may not cultivate more than two cannabis plants.
(2) If two or more persons at least 21 years old reside at the same residence, no more than two cannabis plants may be cultivated at that residence.
Penalties
(g) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

Credits

Added by Acts 2022, c. 26, § 4, eff. July 1, 2023.
MD Code, Criminal Law, § 5-601.2, MD CRIM LAW § 5-601.2
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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