Cannabis possession MD - medical necessity clause

[Janxster]

What is the name of your state? Maryland
Hi. I have a question about Maryland’s affirmative defense of medical necessity clause (5-601) and its application to cultivation. MD law says If a conviction results, despite the fact that marijuana use is deemed to be medically necessary, the penalty may not exceed a fine of $100. And cultivation is seen as possession. Does this mean if you have a qualified condition and an MMCC card you have a medical necessity defense if caught cultivating 1 or 2 plants, if under the 50 lb limit. Have any cases been successfully argued using this defense? We’re they convicted and sentenced? Any info is appreciated.

Janx

 

[quincy]

What is the name of your state? Maryland
Hi. I have a question about Maryland’s affirmative defense of medical necessity clause (5-601) and its application to cultivation. MD law says If a conviction results, despite the fact that marijuana use is deemed to be medically necessary, the penalty may not exceed a fine of $100. And cultivation is seen as possession. Does this mean if you have a qualified condition and an MMCC card you have a medical necessity defense if caught cultivating 1 or 2 plants, if under the 50 lb limit. Have any cases been successfully argued using this defense? We’re they convicted and sentenced? Any info is appreciated.

Janx

What is the reason for your questions? Have you been arrested and charged - or are you looking ahead so you can avoid arrest and charges?

Here is a link to the laws:
https://norml.org/laws/item/maryland-penalties-2

 

[Janxster]

I do not have any charges. I did read the law hence the question. More specifically, I am wondering if this defense has been used in a case where a medical cannabis patient grew his own for personal use in MD.

 

[quincy]

The defense has been used but as a mitigating factor.

It is better to not need a defense of any kind because you carefully obey the limits on your medical use and possession and cultivation. If you are for some reason charged with possession, you will not want to rely on a medical necessity defense alone. You will want to rely on your attorney's advice.

 

[Janxster]

thanks for answering.

 

[quincy]

thanks for answering.

You're welcome, Janxster. I appreciate the thanks.