[Vick]

Joe. I live in Maryland

Seriously, in the state of Maryland medical use of Marijuana is NOT legal, however it can be brought up in court as a defense.

It's a tricky situation here but it goes something like this

The medical marijuana provision of the marijuana possession statute states:

(i) In a prosecution for the use or possession of marijuana, the defendant may introduce and the court shall consider as a mitigating factor any evidence of medical necessity.

(ii) Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed marijuana because of medical necessity, on conviction of a violation of this section, the maximum penalty that the court may impose on the person is a fine not exceeding $100.

Md. Code, Crim. Law art. § 5-601©(3).

The medical marijuana provision for the possession of drug paraphernalia closely tracks the above-quoted language from § 5-601©(3), as follows:

Notwithstanding paragraph (2) of this subsection, if the court finds that the person used or possessed drug paraphernalia related to marijuana because of medical necessity, on conviction of a violation of this subsection, the maximum penalty that the court may impose on the person is a fine not exceeding $100.

Md. Code, Crim. Law art. § 5-601©(3) (marijuana possession) and §5-619©(4)(ii).



So it's not legal per se, no Doctors are prescribing Marijuana and we don't have growers here and a user for whatever reason is still subject to arrest