Maryland has made the use of marijuana legal only for medical purposes. A Medical Marijuana Program was established in 2003 in the state when Governor Martin O'Malley signed the Darrell Putnam Compassionate Act, or House Bill 702 into law. The law guaranteed indemnity to Maryland residents who might be found possessing 10 grams or less of marijuana. A fine of $100 was listed as the maximum applicable levy payable by a Maryland resident charged with marijuana possession. HB 702 allowed an individual under risk of prosecution for marijuana possession to claim 'medical necessity' as an extenuating factor. The law also provided, by extension, legal immunity to Maryland doctors who might recommend medical marijuana to their patients. HB 702 defined 'usable marijuana' as comprising the flowers and leaves of the marijuana plant, as well as any derivatives which might be considered medically appropriate.
By 2013, the medical marijuana program further expanded access to Maryland residents when the Natalie M. La Parade Medical Marijuana Commission was set up by an Act of the Maryland House, HB 1101. Despite the passage of HB 1101, Maryland's medical marijuana program only became fully operational in 2017, with the establishment of the Maryland Medical Cannabis Commission (now the Maryland Cannabis Administration). The Maryland Cannabis Administration is responsible for issuing licenses to growers and processors, issuing registration cards to patients and caregivers, inspecting laboratories involved in cannabis testing, and granting approval for academic research into medical marijuana.
In 2015, the Maryland State Senate passed SB 517. This law removed the threat of prosecution for Maryland residents possessing marijuana paraphernalia. It gave individuals the right to argue in their defense that they were in possession of marijuana paraphernalia for medical reasons, particularly in treating severe and 'debilitating' medical conditions previously untreatable with other therapies. SB 517 maintained that the smoking of marijuana in public was still an offense under Maryland law, punishable with a fine of $500.
Maryland's House Bill 490 of 2015 expanded the definition of a qualifying patient to include individuals voluntarily enrolled in academic cannabis research programs in the state. Such individuals would be entitled to medical marijuana doses as part of their therapy. HB 490 fixed the permissible quantity of medical marijuana available to a qualifying patient at any time at a “30-day supply”. However, allowances could be made for patients whose doctors believed they required more medical marijuana than the 30-day supply.
Register as a patient with the MCA using the OneStop Portal
After registering with the MCA, the patient must schedule a telemedicine or in-person appointment with a medical provider with whom they have a bona fide physician-patient relationship to obtain a written certification
During the appointment (telehealth or in-person), the medical provider will review the patient's medical records, assess the patient based on their medical history and current medical condition, and then determine their eligibility for medical cannabis
If the patient qualifies for a Maryland marijuana card, the medical provider will issue a certification for medical marijuana through the MCA's secure online application
After completing the registration and in possession of a valid medical cannabis certification, the patient can print their temporary patient card, with which they can purchase medical marijuana at Maryland-licensed dispensaries
Maryland allows qualifying patients and their caregivers access to medical marijuana. As with several other states with medical marijuana programs, Maryland has a checklist of illnesses and disorders that qualify patients for medical marijuana access. These medical conditions and diseases include glaucoma, anorexia, chronic pain, chronic nausea, epileptic seizures, post-traumatic stress disorder, cachexia, or any other medical condition which has proved resistant to other treatments.
The provisions of HB 881 and SB 923 gave Maryland doctors the discretion to file applications that would allow them to recommend the use of medical marijuana for patients on a case-by-case basis. They also mandated parents or legal guardians of minor patients to act as their caregivers.
Yes, patients who are eligible for medical cannabis treatment can apply for medical marijuana cards in Maryland online. First, they must register as medical cannabis patients with the MCA online through the Maryland OneStop Portal. Afterward, they can obtain valid written certifications for medical cannabis via telehealth from state-licensed medical providers registered with the MCA.
Qualifying medical cannabis patients' and caregivers' registrations in the Maryland Medical Cannabis Program is completed online, and applications must be submitted in one session. The requirements and registration processes for qualifying patients differ for adults and minors. Applicants are advised to have all required documents (in digital formats) and information handy before initiating the registration process since they will not be able to save and complete it at a later time. Contact the state's Cannabis Administration (MCA) at (410) 487-8100 or by email for further inquiries on how to register with the Maryland Medical Cannabis Program.
Yes, an individual must be a resident of Maryland and have a qualifying medical condition to be eligible for the state's medical marijuana card.
Applicants for Maryland Medical Marijuana Cards are required to pay a fee of $50. The fee is non-refundable and is charged to the applicant's credit card. The state of Maryland waives the cost of medical marijuana cards for military veterans and individuals who qualify under the Maryland Medical Assistance Program.
To be able to purchase medical marijuana from licensed dispensaries in Maryland, patients or their caregivers must have at hand their MMMC ID cards. The dispensary agent will check the MMMC's online database to verify the validity of the ID card. Only after this verification is done will the patient or caregiver be allowed to purchase up to a 30-day supply of medical marijuana.
Individuals who intend to use medical marijuana must present the MMMC with a certified recommendation from a doctor or other medical practitioner. Maryland medical practitioners who intend to recommend medical marijuana to their patients must register with the MMMC. The passage in 2016 of House Bill 104 expanded the categories of Maryland medical practitioners allowed to approve the use of medical marijuana. Initially, only physicians had been able to issue recommendations, but the new law added dentists, midwives, podiatrists, and nurses. To issue certifications to patients, Maryland medical practitioners must have valid practicing licenses issued by the respective boards overseeing their particular specialties. Such State Boards include the Maryland Board of Dental Examiners, the Maryland Board of Physicians, the Maryland Board of Podiatric Medical Examiners, and the Maryland Board of Nursing.
Medical practitioners are required under Maryland law to register with the MMMC as Certifying Providers. They must have a genuine, pre-existing doctor-patient relationship with the individuals they certify. Such a relationship would invariably entail in-depth knowledge of the patient's medical history. The physician must certify that the patient's medical condition is chronic and unresponsive to other treatment methods besides medical marijuana.
A minor, legally an individual under 18 years, can register for a medical marijuana card in Maryland. The online registration process for minors under Maryland's medical marijuana program differs from that for adults. The law mandates that parents or legal guardians of minor patients act as their caregivers. Caregivers of minors will submit applications on behalf of their wards, and they must submit evidence that they are legally entitled to act on behalf of the named minor, whether as birth parents, adoptive parents, or legal guardians. The caregiver application must include a recent photograph of the minor and a notarized patient form for minors. The application process also requires the caregiver to provide the MMMC with the last four digits of the caregiver's Social Security Number, a recent color photograph, and the caregiver's ID number. A caregiver for a minor must register with the MMMC before registering the minor.
Yes. When a minor turns 18, they can apply for a renewal of the MMMC Patient ID card without the consent of their parent or legal guardian. They can complete the registration process as an adult.
The Maryland Medical Marijuana Commission requires patients resident in the state to renew their medical marijuana cards every three years. Designated caregivers have to renew their cards every two years. As with the original registration, the renewal process equally takes place online. The patient or caregiver will log in to their MMMC account and initiate the renewal process. A renewal fee of $50 will be charged.
Yes. Registered medical cannabis patients in Maryland can grow up to 4 marijuana plants at home for personal use. However, property owners and landlords may prohibit marijuana cultivation on their properties.
Having a medical marijuana card in Maryland helps reduce the cost of purchasing cannabis products compared to buying recreationally. Typically, medical cannabis card holders pay lower taxes on marijuana purchases in the state. They may also benefit from discount prices than adult-use cannabis consumers. Registered medical marijuana patients in Maryland can also access medical-grade cannabis products when they present their medical marijuana cards at state-licensed dispensaries. Additionally, they have a level of legal protection as they have the right to possess cannabis in the eyes of the law. Furthermore, a Maryland medical marijuana card allows a person to grow up to 4 marijuana plants at home, compared to recreational cannabis consumers who may only cultivate 2 marijuana plants.
The Maryland Medical Marijuana Commission allows qualifying patients to designate caregivers. It is possible for a patient whose application has been approved to log in to their online account and fill in the name of a designated caregiver in the column provided.
It is important to note that the MMMC must approve caregivers before being designated by patients. In Maryland, a caregiver must be 21 years old or older. A qualifying patient has the right to list up to two caregivers. Caregiver duties involve being responsible for the purchase of medical cannabis from legal dispensaries and assisting patients in using marijuana. Minors who are qualifying patients are required to have at least one caregiver at all times and up to two caregivers. Caregivers may serve a maximum of five patients at a given time.
Currently, Maryland does not have medical cannabis reciprocity. However, a few other states, including Maine and Nevada, recognize medical cannabis cards issued in Maryland.
Per the Health Insurance Portability and Accountability Act (HIPAA), data from medical marijuana patients' records should be secure and not be found in the public domain in Maryland. However, while these records may be private, some individuals or entities will have access to them. For instance, a doctor will be able to access a patient's medical cannabis records to enable them to make some informed decisions. Similarly, under the HIPAA Privacy Rules, patients' medical marijuana records may be disclosed to law enforcement agencies and employers in certain situations.
No. Health insurers are not required to cover medical marijuana expenses in Maryland.
The amount of medical cannabis a patient can purchase with their Maryland medical cannabis card within a 30-day period is usually indicated on the patient's medical cannabis certification. The standard limit is 26 grams of a THC product or 120 grams of dried flower within 30 days.
No. Registered medical marijuana patients are required to provide their MMCC identification cards when purchasing medical marijuana at Maryland-licensed dispensaries.