Is CBD Legal in Maryland?

person Larry Ostrovsky
calendar_today Oct 18, 2018

Regarding implementation of the law pertaining to medical marijuana and cannabidiol (CBD) oil, Maryland seems to be ahead of most states in the U.S. The state administration promises its constituents, businesses, customers, and stakeholders excellent service, and this does show in the way its medical marijuana program is run.

Yet despite this efficiency, Marylanders are still asking questions—some regarding the law, others to do with the state's medical marijuana program and where to get medical cannabis or CBD products.

We collated the most necessary information in an accessible question-and-answer format.

Maryland seems to be ahead of most states in the U.S. regarding implementation of medical marijuana and CBD oil laws.

Obtaining Legal Medical Cannabis in Maryland—Questions and Answers

Are marijuana and CBD Legal in Maryland?

Concerning marijuana, including CBD oil, Maryland law allows possession if you are registered with the Maryland Medical Marijuana Cannabis Commision (MMCC). This has been the case since 2014, and the program is now running at full throttle—approximately 60 dispensaries recently opened statewide. [1][2]

Recreational marijuana use is still considered illegal in this state.

However, hemp-derived CBD oil is a different story. Thankfully, it is 100% legal in all states of America, as was clarified by the DOJ this year. [4]

CBD is indicated for quite a number of health issues, and you will not be breaking any law if the CBD you use was extracted from the mature stalks or the sterilized seeds of hemp. Hemp is a variety of the Cannabis sativa L. plant.

What about federal law regarding medical marijuana? Can state law protect me?

State laws are not a legal defense to a violation of national law. This means that Maryland's laws for possession and use of medical marijuana will not protect you against federal prosecution. This is because marijuana is still considered a Schedule I drug by the U.S. Department of Justice (DOJ), and it is therefore illegal.

That said, there is a defense that prohibits the DOJ from interfering with state medical marijuana programs. This provision has been interpreted in courts to protect individuals who comply with state laws in this regard. [3]

Are patient's caregivers also covered by this law?

Yes. Every patient is entitled to register two caregivers. Family members are accepted as caregivers.

Are patient's caregivers also covered by this law?

Does the Maryland law protect employees?

No, it doesn't. Employers can take action against you for testing positive for marijuana, no matter your reason for using it.

Can anyone register with the MMCC?

No. Only if you are a Maryland resident and have been diagnosed with one of the qualifying debilitating diseases listed in the law will you be able to register.

Regulations stipulate that any out-of-state patient can apply for a written certification to get their medical cannabis in Maryland. Yet at the time of writing, there was still an administrative hold on these applications. [5]

What are the MMCC’s qualifying debilitating diseases?

The MMCC list includes patients who suffer from any disease that causes them to experience any of the following symptoms:

cachexia/severe weakness due to chronic disease
severe nausea
anorexia or wasting syndrome
seizures
chronic pain
severe and ongoing muscle spasms
any of the preceding symptoms caused by treatment or medication

Patients with chronic or debilitating medical conditions or diseases who have been admitted to a hospice or are receiving palliative care may also register for the program.

The same goes for patients diagnosed with any acute condition unresponsive to other medications and that will reasonably respond to medical marijuana.

The MMCC also lists glaucoma and post-traumatic stress disorder (PTSD) as qualifying diseases. [6]

What is the process for registration with the MMCC?

Below are the basic steps you need to follow to obtain registration with the Commission in order to obtain medical cannabis legally. The application is cost-free.

For requirements and detailed information, visit the Maryland Medical Marijuana Commission website.

a) Register as a patient with the MMCC.
b) Get a written certification from a provider (which is a qualified physician, licensed by the Maryland State Board of Physicians. The Provider Registry is also available on the MMCC website).
c) Visit a licensed Maryland dispensary.
d) Buy an ID card for $50. (The information on the MMCC site is conflicting—it is unclear whether this step is optional or mandatory.)

Where can I buy medical marijuana and CBD?

The list of Maryland-licensed dispensaries was recently added to the MMCC website. Find it here.

CBD products can be also be bought online.

CBD products can be also be bought online. Be sure to purchase from a reputable vendor with high-quality CBD in their products.

Can I buy from any dispensary?

Yes, as long as you are MMCC-registered.

Which medical marijuana products are lawful?

At this stage, only the following preparations are permitted:

oil
tincture
wax
ointment
capsule
suppository
dermal patch
cartridge or any other product with marijuana concentrate
"usable cannabis that has been processed so that the dried leaves and flowers are integrated into other material." [7]

How much cannabis can I buy at a time?

Your provider (prescribing physician) will stipulate how much cannabis dried flower and THC you may buy in a 30-day period. This is not a calendar month, but a “rolling 30-day” limit.

Am I allowed to grow my own marijuana?

No, the law does not allow this.

Can children be registered to get medical marijuana?

Yes, as long as the child meets the criteria for treatment. A parent or guardian must be a caregiver.

Can children be registered to get medical marijuana?

What about veterans? Can they get medical marijuana?

Yes, they can, but they need to get permission through the Veteran Affairs health system to use the products as part of their medical treatment plan.

Do veterans and seniors get reduced fees?

No, not at this stage.

So, to get your medical cannabis and CBD oil, Maryland seems to be a good choice with easy access. Never attempt to self-medicate with CBD oil for serious illness without the knowledge of your doctor.

Sources: