Ch. 442                                    2003 LAWS OF MARYLAND

PROVIDING FOR THE FORFEITURE OF PROPERTY OTHER THAN AS A SENTENCE
IMPOSED AFTER CONVICTION OF A CRIMINAL OFFENSE OR ENTRY OF A PLEA OF
GUILTY TO A CRIMINAL OFFENSE.

(3) MARIJUANA, PARAPHERNALIA, AND OTHER PROPERTY SEIZED IN
CONNECTION WITH THE CLAIMED MEDICAL USE OF MARIJUANA SHALL BE
RETURNED IMMEDIATELY ON THE DETERMINATION BY A COURT OR PROSECUTOR
THAT THE PATIENT OR PRIMARY CAREGIVER IS ENTITLED TO THE PROTECTIONS
CONTAINED IN THIS SECTION, AS MAY BE EVIDENCED BY A DECISION NOT TO
PROSECUTE, A DISMISSAL OF CHARGES, OR AN ACQUITTAL.

(E) AN INDIVIDUAL MAY NOT BE ARRESTED OR PROSECUTED FOR A CRIMINAL
OFFENSE SOLELY. FOR BEING IN THE PRESENCE OR VICINITY OF THE MEDICAL USE
OF MARIJUANA.

(F) (1) A PATIENT OR PRIMARY CAREGIVER MAY ASSERT THE MEDICAL USE
OF MARIJUANA AS A DEFENSE TO ANY PROSECUTION INVOLVING MARIJUANA.

(2) THE DEFENSE SHALL BE PRESUMED VALID IF THE EVIDENCE SHOWS
THAT:

(I) THE PATIENT'S MEDICAL RECORDS INDICATE THAT, IN THE
PHYSICIAN'S PROFESSIONAL OPINION, AFTER HAVING COMPLETED A FULL MEDICAL
EXAMINATION MADE IN THE COURSE OF A BONA FIDE PHYSICIAN PATIENT
RELATIONSHIP, THE POTENTIAL BENEFITS OF THE MEDICAL USE OF MARIJUANA
WOULD LIKELY OUTWEIGH THE HEALTH RISKS FOR THE PATIENT; AND

(II) THE PATIENT AND THE PATIENT'S PRIMARY CAREGIVER WERE
COLLECTIVELY IN POSSESSION OF A QUANTITY OF MARIJUANA THAT WAS
MEDICALLY JUSTIFIED TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL
CONDITION.

(G) THE AUTHORIZATION FOR THE MEDICAL USE OF MARIJUANA UNDER THIS
SECTION DOES NOT APPLY TO:

(1) THE MEDICAL USE OF MARIJUANA IN A WAY THAT ENDANGERS THE
HEALTH OR WELL BEING OF ANOTHER PERSON, SUCH AS DRIVING OR OPERATING
HEAVY MACHINERY WHILE UNDER THE INFLUENCE OF MARIJUANA;

(2) THE SMOKING OF MARIJUANA IN PUBLIC, INCLUDING ON PUBLIC
TRANSPORTATION; AND

(3) THE USE OF MARIJUANA BY A PARTICIPATING PATIENT, PRIMARY
CAREGIVER, OR ANY OTHER INDIVIDUAL FOR PURPOSES OTHER THAN MEDICAL USE
AUTHORIZED UNDER THIS SECTION.

(H) INSURANCE COVERAGE IS NOT REQUIRED FOR THE MEDICAL USE OF
MARIJUANA.

(I) THE ACCOMMODATION OF THE MEDICAL USE OF MARIJUANA MAY NOT BE
REQUIRED IN ANY PLACE OF EMPLOYMENT.

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