MARVIN MANDEL, Governor                             765

Some maintain that the plant is monotypic and that the
designation appearing in the Code, "Cannabis sativa L.",
adequately describes the plant. Other persons are of the
opinion that marihuana is polytypic and there are,
therefore, other species in addition to C. sativa.

This debate among members of the scientific
community as to the proper taxonomic designation of
marihuana has entered the courtrooms of this State. In
some cases, defendants have been found "not guilty" on
the basis that the definition of marihuana in the Code
does not embrace the species of the plant that was the
subject of the charge against the defendant; now,
therefore,

THE GENERAL ASSEMBLY OF MARYLAND, hereby finds and
declares that it is and always has been its opinion and
intention that in enacting Section 277(o) of Article 27
of the Code, as a definition of marihuana, "Cannabis
sativa L.", although a highly variable species, is for
the purposes of the Uniform Controlled Dangerous
Substances Act the only valid species of the genus.
However, in order to clarify the definition, the General
Assembly by this Act, modifies the definition to make
reference only to the genus of the plant. Nevertheless,
it is the intention of the General Assembly that this
modification is only for the purposes of clarifying the
definition and removing the source of the controversy and
misunderstanding. This Act is not a change of the
General Assembly's expressed intention that in enacting
the definition of marihuana in Chapter 403 of the Acts of
1970, the classification "Cannabis sativa L." was
regarded by the Legislature and shall be interpreted as
an adequate designation of a plant whose genus consists
of a single species.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 277(o) of Article 27 - Crimes and
Punishments, of the Annotated Code of Maryland (1971
Replacement Volume and 1974 Supplement) be and it is
hereby repealed and re—enacted, with amendments, to read
as follows:

Article 27 — Crimes and Punishments

277.

(o) "Marihuana" [shall mean] MEANS all parts of
[the] ANY plant OF THE GENUS Cannabis [sativa L.],
whether growing or not; the seeds thereof; the resin
extracted from any part of [such] THE plant; and every
compound, manufacture, salt, derivative, mixture, or