Senate Bill 308, signed into law on May 10, 2011, removes fines and criminal penalties for those who successfully raise an ‘affirmative defense’ in court establishing that they possessed limited amounts of cannabis for medical purposes. An affirmative defense may also be raised if you are charged with cultivating weed or possessing more than one ounce.

Although Maryland became the ninth marijuana-legal state back in 2003, there is no registration program; neither are there any laws governing cultivation of marijuana. Providing you are in possession of less than one ounce of cannabis, Maryland law allows ‘medical necessity’ as a defense. And, as you can see from above, even the maximum quantity doesn’t seem to be set in stone.

However, no matter how hard you search you won’t find lists of approved medical conditions or cannabis doctors; there is no guidance given on what your physician needs to write to prove your eligibility to marijuana as medicine.

The maximum penalty for possession of marijuana by a patient with a valid doctor’s recommendation is $100.

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Author Dianne Morgan

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Join the discussion 9 Comments

  • PTSD JUST FOUND OUT says:

    Live in Hagerstown,Md want to get a medical card Help,.any good leads

  • To “lggy” regarding your posted dated 11/21/11 wherein you say, and I quote, “But for all you pot heads out there who think you can throw “anxiety” and “sociability” out there to try and get weed, sorry, but you will be trying a long time.”

    Wow! Your ignorance and rudeness are showing. The medical use of cannabis is still in its infancy. Many ailments and diseases that medical marijuana can help with have not yet been identified and/or documented. I happen to use cannabis for the anxiety, depression and bipolar I suffer from. I’m happy for you that your disease has been documented well enough that it appears on most states’ lists to easily get a card for. Please stop referring to those using medical marijuana as “pot heads”. This is an outdated term used by individuals who are uneducated in the use of cannabis. You don’t consider yourself to be a pot head…do you? We all need to rally together to protect our freedom to choose. Let’s start by being civil to each other, speak of medical marijuana using correct terminology and keep an open mind about what this God-given herb can do for us 🙂

  • Iggy says:

    To even use it as a defense in Maryland and to get approved in any other state, you ms have a debilitating illness. Sorry, but anxiety and back pain are not gonna get you pot. Neither is not being social unless you smoke weed.

    Debilitating illness, ie: cancer, aids, crohns, etc. I have crohns disease and sb 308 is my friend, and I am anxiously waiting for Maryland to take the next step. But for all you pot heads out there who think you can throw “anxiety” and “sociability” out there to try and get weed, sorry, but you will be trying a long time.

    • Liberace says:

      Jeezo Iggy
      As if life’s not hard enough already, now we’ve got people being elitist about their medical conditions. Why do you care about other people’s conditions? That’s the same attitude that is denying you your medicine.
      If MMJ helps a person, let them have it. Live and let live. As long as they’re not harming anybody else…..

  • Rick says:

    Hi my name is Rick and I’m curious on how to obtain my card in the state of MD, I have a very bad Case of paranoiled, I’m not sociable at all unless I smoke. But I want to do things the right way.

    • admin says:

      Sorry Rick but despite the passage of Senate Bill 308 in May 2001, you won’t find lists of approved medical conditions or cannabis doctors in Maryland; there is no guidance given on what your physician needs to write to prove your eligibility to use marijuana as medicine. Your best bet would be to try asking on the medical marijuana forum. https://www.medicalmarijuanablog.com/forum/

  • Vagrance says:

    I have terrible anxiety.

  • R.J. says:

    I would like to try and get a medical card for my adhd but I dont live in Maryland.

    Can u live out of state and still get a card for states that legalized medical marijuana?

    • N.M. says:

      I would like myself to get medical card live in Maryland. I have Lyme disease, and Fibromyalgia. Have constant pain on my back and I ache.

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