Maryland Code, CRIMINAL LAW 5-602
Terms Used In Maryland Code, CRIMINAL LAW 5-602
- Adult: means an individual at least 18 years old. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- gift: includes an inter vivos gift, inter vivos endowment, bequest, devise, legacy, or testamentary endowment of any interest in real or personal property. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(1) distribute or dispense a controlled dangerous substance; or
(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.
§5-602. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 26 OF 2022 **
** TAKES EFFECT JANUARY 1, 2023 PER CHAPTER 26 OF 2022 **
// EFFECTIVE UNTIL JULY 1, 2023 PER CHAPTER 26 OF 2022 //
(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.
(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.
§5-602. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 26 OF 2022 **
** TAKES EFFECT JULY 1, 2023 PER CHAPTER 26 OF 2022 **
(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.
(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.
(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.