Legal Question in Consumer Law in Maryland

A prescription is not required in Maryland. Maryland does not have protections from arrest for medical marijuana users as in other states. Nonetheless, there is a limited affirmative defense for patients who are arrested for marijuana possession. Under this defense, "if the court finds that the person used or possessed marijuana because of medical necessity," the maximum punishment is a $100 fine. Of course, this means that, in addition to an unjust fine, patients are still subject to arrest, criminal convictions, attorneys� fees, and humiliation, in addition to possible collateral consequences like discrimination in housing and employment. The Maryland Senate passed a bill in April 2010 that would have further legislated the issue, but the Maryland House failed to act on it prior to the end of the 2010 session. Things may change in 2011, so watch the news.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******