GUNS, MARIJUANA, OPIOIDS AND ALCOHOLIC

BEVERAGES:
LEGALIZED MARIJUANA LAW

MIKE ROTHMAN
ATTORNEY AT LAW
MEDICAL CANNABIS LAW GROUP
WWW.MEDICALCANNABISLAWGROUP.COM
 HISTORY OF CANNABIS

Cannabis
made
federally
illegal

6000 BC 4000 BC 2727 BC 100 BC 1915 - 1927 1937

Cannabis seeds used as Textiles made of First recorded use of Psychotropic properties Cannabis begins to be
food in China hemp used in China cannabis as medicate in of cannabis mentioned prohibited for non-
Chinese pharmacopoeia in book of medicine medical use
 HISTORY OF MEDICAL CANNABIS LAW

2013 2014
1970 1996 2005 2013 2014 2015 2017

Controlled SubstancesCompassionate Use Act in Commerce Clause: Cole Memorandum Rohrabacher-Farr

Act: Cannabis labeled California Gonzalez v. Raich Amendment
Schedule 1 Issuance of First Crop +
First Maryland
Cannabis Law Cultivation, First
Processor + Dispensary
Dispensary Licenses Opens
Decriminalization of
less than 10 grams in
Maryland

Federal Law

Maryland Law
 LEGAL STATUS
OF
MEDICAL CANNABIS IN THE
UNITED STATES
MEDICAL CANNABIS DEFINED
Qualifying Patient
 Patient who has been provided with a written certification by a certifying provider in accordance with
a bona fide provider-patient relationship
 Lives in the State or, during that time an individual is physically present in the State for the purpose
of receiving medical care from a medical facility in the State
 If younger than 18, has a caregiver

Caregiver
 Person who has agreed to assist with a qualifying patient’s medical use of cannabis

Certifying Providers
 License to Practice Medicine, Dentistry, and/or Podiatry and in good standing
 License to practice Registered Nursing and has an active, unrestricted certification to practice as a
nurse practitioner or nurse midwife
 Has a state controlled substances registration
 Is registered with the Commission
MEDICAL CANNABIS DEFINED
Written Certification
 Issued by a certifying provider to a qualifying patient with whom the provider has a bona fide provider-
patient relationship
 Includes a written statement certifying that, in the provider’s professional opinion, after having completed
an assessment of the patient’s medical history and current medical condition, the patent has a condition
that:
o Meets the inclusion criteria, AND for which the potential benefits of medical use of cannabis
would likely outweigh the health risks for the patient
 May include a written statement certifying that, in the provider’s professional opinion, a 30-day Supply of
the Medical Cannabis would be inadequate to meet the medical need of the qualifying patient

Debilitating Medical Condition

 Chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or
medical condition that produces one or more of the following as documented by a physician with whom
the patient has a bona-fide physician-patient relationship: cachexia or wasting syndrome, severe or
chronic pain, severe nausea, seizures, severe or persistent muscle spasms, or any other condition that is
severe and resistant to conventional medicine
MEDICAL CANNABIS DEFINED
30 Day Supply
 120 grams of usable cannabis unless the physician determines this amount would inadequate to meet
the medical needs of the qualifying patient
 36 grams of Delta 9-THC medical cannabis-infused product unless the physician determines this
amount would inadequate to meet the medical needs of the qualifying patient

Medical Cannabis Infused Product

 Oil, wax, ointment, salve, tincture, capsule, suppository, dermal patch, cartridge or other product
containing medical cannabis concentrate or usable cannabis that has been processed so that the dried
leaves and flowers are integration into other material
 Does NOT include food
CRIMINAL LAW AND MEDICAL CANNABIS
Exemption from Arrest, Prosecution, or Any Civil or Administrative Penalty
 Qualifying Patient
 Grower licensed under 13-3306 or Grower Agent registered under 13-
3306
 Certifying Provider
 Caregiver
 Dispensary licensed under 13-33017
 Processor licensed under 13-3309
 Hospital, Medical Facility, or Hospice Program where a qualifying
patient is receiving treatment
 CRIMINAL LAW AND MEDICAL CANNABIS
Mitigation
 Evidence of medical necessity

Affirmative Defense: Defendant has a debilitating medical condition

• Diagnosed by a physician with whom the defendant has a bona fide physician-patient relationship,
• Severe and resistant to conventional medicine, AND
• Marijuana is likely to provide the defendant with therapeutic or palliative relief from the debilitating condition
• NOT usable if defendant was using marijuana in a public place
• NOT usable if defendant was in possession of more than 1 ounce of marijuana

Limits on Use
• Possessed marijuana because the marijuana was intended for medical use by an individual with a debilitating
condition for whom the defendant is a caregiver
• Must notify the State’s Attorney of the intention to assert affirmative defense
 LICENSING, PERMITTING, AND ZONING
LOCAL ZONING AND PLANNING REQUIREMENTS
 ANNE ARUNDEL COUNTY
 PRINCE GEORGE’S COUNTY
 RISKS AND LIABILITIES FOR CANNABUSINESSES
BANKING
 MANY BANKS REFUSE TO PERMIT CANNABIS-TOUCHING BUSINESSES TO BANK
 INCREASED COSTS FOR USERS
 INCREASED REGULATIONS AND REPORTING FOR BANKS

TAXATION
• Cannabis businesses must still pay federal and state income tax even though business is still federally
prohibited.
• Section 280E of the IRS Code prohibits deduction of ordinary business expenses
• IRS Code does not distinguish between income derived from legal vs. illegal sources
 ISSUES FOR LAWFUL USERS : DRIVING, STORAGE, ETC.
Cannabis Flower (Non-Medical)(10g or less)
 Civil Penalty ($ 100 fine)

Cannabis Flower (Non-Medical)(10g or more)

• Misdemeanor or Felony PWID.

Cannabis Flower (Medical)(Up to 120g Flower/36g infused)

• Lawful with MMCC Recommendation

Distillate, Shatter, Wax, Resin, Rosin, Etc.

• Not Considered Medical Cannabis (1 year and/or $ 5,000)

Cannabidiol (CBD)
• Any amount. Legality Depends upon source.
 WHAT’S NEXT?

MIKE ROTHMAN
ATTORNEY AT LAW
MEDICAL CANNABIS LAW GROUP
301-251-9660
WWW.MEDICALCANNABISLAWGROUP.COM