ROBERT L. EHRLICH, JR., Governor                             Ch. 442

(J) (1) A PERSON MAY NOT MAKE A FRAUDULENT REPRESENTATION TO A
LAW ENFORCEMENT OFFICIAL OF ANY FACT OR CIRCUMSTANCE RELATING TO THE
MEDICAL USE OF MARIJUANA TO AVOID ARREST OR PROSECUTION.

(2) A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $1,000 OR BOTH.

Article - Criminal Law

5-601.

(c) (1) Except as provided in [paragraph (2)]PARAGRAPHS (2) AND (3) of this
subsection, a person who violates this section is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding
$25,000 or both.

(2)     A person whose violation of this section involves the use or possession
of marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding
$1,000 or both.

(3)      (I) IN A PROSECUTION FOR THE USE OR POSSESSION OF
MARIJUANA, THE DEFENDANT MAY INTRODUCE AND THE COURT SHALL CONSIDER
AS A MITIGATING FACTOR ANY EVIDENCE OF MEDICAL NECESSITY.

(II) NOTWITHSTANDING PARAGRAPH (2) OF THIS SUBSECTION, IF
THE COURT FINDS THAT THE PERSON USED OR POSSESSED MARIJUANA BECAUSE OF
MEDICAL NECESSITY, ON CONVICTION OF A VIOLATION OF THIS SECTION, THE
MAXIMUM PENALTY THAT THE COURT MAY IMPOSE ON THE PERSON IS A FINE NOT
EXCEEDING $100.

5-619.

(c) (1) Unless authorized under this title, a person may not use or possess
with intent to use drug paraphernalia to:

(i) plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, or conceal a controlled dangerous substance; or

(ii) inject, ingest, inhale, or otherwise introduce into the human
body a controlled dangerous substance.

(2)     A person who violates this subsection is guilty of a misdemeanor and
on conviction is subject to:

(i) for a first violation, a fine not exceeding $500; and

(ii) for each subsequent violation, imprisonment not exceeding 2
years or a fine not exceeding $2,000 or both.

(3)     A person who is convicted of violating this subsection for the first
time and who previously has been convicted of violating subsection (d)(4) of this
section is subject to the penalty specified under paragraph (2)(ii) of this subsection.

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