Ch. 443

2003 LAWS OF MARYLAND

(4) (I) IN A PROSECUTION UNDER THIS SUBSECTION INVOLVING
DRUG PARAPHERNALIA RELATED TO 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 DRUG PARAPHERNALIA
RELATED TO MARIJUANA BECAUSE OF MEDICAL NECESSITY, ON CONVICTION OF A
VIOLATION OF THIS SUBSECTION, THE MAXIMUM PENALTY THAT THE COURT MAY
IMPOSE ON THE PERSON IS A FINE NOT EXCEEDING $100.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any
reason in a court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act which can be given effect without the
invalid provision or application, and for this purpose the provisions of this Act are
declared severable.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2003.

Approved May 22, 2003.

CHAPTER 443
(House Bill 706)

AN ACT concerning

Public Safety - Mandatory Supervision - Diminution Credits and Sentences

FOR the purpose of broadening the prohibition against awarding certain inmates
certain diminution credits on a sentence to apply to inmates who are convicted
and sentenced to imprisonment for any crime committed while on mandatory
supervision that is later revoked; providing for the application of this Act; and
generally relating to diminution credits and mandatory supervision.

BY repealing and reenacting, with amendments,
Article - Correctional Services
Section 3-711 and 7-502
Annotated Code of Maryland
(1999 Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

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