HB 543
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 543 (Delegate Hornberger)
Judiciary
Firearms – Right to Purchase, Possess, and Carry – Use of Medical Cannabis
This bill specifies that a person may not be denied the right to purchase, possess, or carry
a firearm solely on the basis that the person is authorized to use medical cannabis.
Fiscal Summary
State Effect: The Department of State Police can implement the bill with existing
resources. However, the bill’s changes are inconsistent with provisions of State law and
may result in a violation of federal law.
Local Effect: None.
Small Business Effect: None.
Analysis
Current Law:
Maryland’s Medical Cannabis Program
The Natalie M. LaPrade Medical Cannabis Commission is responsible for implementation
of the State’s medical cannabis program, which is intended to make medical cannabis
available to qualifying patients in a safe and effective manner. The program allows for the
licensure of growers, processors, and dispensaries and the registration of their agents, as
well as registration of independent testing laboratories and their agents. There is a
framework to certify health care providers (including physicians, physician assistants,
dentists, podiatrists, nurse practitioners, and nurse midwives), qualifying patients, and their
caregivers to provide qualifying patients with medical cannabis legally under State law via
written certification.
A qualifying patient with a written certification can obtain a 30-day supply of medical
cannabis, which is defined as 120 grams of usable cannabis. Medical cannabis became
available for sale in the State in late 2017.
Possession of marijuana remains illegal under federal law.
Firearm – Disqualification
Under State law, a person may not possess a regulated firearm, a rifle, or a shotgun if the
person:
has been convicted of a disqualifying crime;
has been convicted of a violation classified as a common law crime and received a
term of imprisonment of more than two years;
is a fugitive from justice;
is a habitual drunkard;
is addicted to a controlled dangerous substance or is a habitual user;
suffers from a mental disorder and has a history of violent behavior against the
person or another;
has been found incompetent to stand trial;
has been found not criminally responsible;
has been voluntarily admitted for more than 30 consecutive days to a facility that
provides treatment or other services for mental disorders;
has been involuntarily committed to a facility that provides treatment or other
services for mental disorders;
is under the protection of a guardian of the person or property of a disabled person
appointed by a court, except for cases in which the appointment of a guardian is
solely a result of a physical disability;
is a respondent against whom a current non ex parte civil protective order has been
entered in this State or an order for protection has been issued by a court of another
state or a Native American tribe and is in effect; or
if younger than age 30 at the time of possession, has been adjudicated delinquent by
a juvenile court for an act that would be a disqualifying crime if committed by an
adult.
In addition, a person is prohibited from possessing a regulated firearm, a rifle, or a shotgun
if the person was previously convicted of (1) a crime of violence; (2) a violation of specified
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controlled dangerous substances laws; or (3) an offense under the laws of another state or
the United States that would constitute one of these crimes if committed in this State.
Generally, a violator is guilty of a misdemeanor and subject to maximum penalties of
five years imprisonment and/or $10,000 fine.
Under federal law, a person is prohibited from possession of a firearm if the person:
has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year (this does not include a State offense classified as a
misdemeanor that is punishable by a term of imprisonment of less than two years);
is a fugitive from justice;
is an unlawful user of or addicted to any controlled dangerous substance;
has been adjudicated as a mental defective or has been committed to a mental
institution;
is an alien that is illegally or unlawfully in the United States, or has been admitted
to the United States under a nonimmigrant visa (with exceptions);
has been dishonorably discharged from the Armed Forces;
has, as a citizen of the United States, renounced citizenship;
is, after a hearing, subject to a court order restraining that person from harassing,
stalking, or threatening an intimate partner or child; or
has been convicted in any court of a misdemeanor crime of domestic violence.
On conviction, a prohibited person that possesses a firearm is subject to imprisonment not
exceeding 10 years or a $250,000 fine or both.
Handgun Permit
Generally, with certain exceptions, to be issued a handgun permit by the Secretary of State
Police, an applicant (1) must be 18 or older; (2) must not have been convicted of a felony
or misdemeanor for which a sentence of imprisonment for more than one year has been
imposed or, if convicted, must have been pardoned or been granted relief under federal
law; (3) must not have been convicted of a controlled dangerous substance violation and
must not presently be an addict, a habitual user of a controlled dangerous substance, or an
alcoholic; (4) must not exhibit a propensity for violence or instability, which may
reasonably render possession of a handgun a danger to the applicant or another; (5) must
have successfully completed, prior to application and each renewal, a specified firearms
training course approved by the Secretary; (6) if younger than 30, must not have been
committed to a facility for juveniles for longer than one year or adjudicated delinquent for
a crime of violence, a felony, or misdemeanor that carries a statutory penalty of more than
two years; and (7) must have a good and substantial reason to wear, carry, or transport a
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handgun. “Good and substantial reason” includes a finding that the permit is necessary as
a reasonable precaution against apprehended danger.
Additional Information
Prior Introductions: SB 179 of 2020 passed the Senate and was referred to the
House Judiciary Committee, but no further action was taken. Its cross file, HB 1582, was
referred to the House Rules Committee, but no further action was taken. SB 97 of 2019
passed the Senate with amendments and received a hearing in the House Judiciary
Committee, but no further action was taken. SB 602 of 2018 received a hearing in the
Senate Judicial Proceedings Committee, but no further action was taken.
Designated Cross File: SB 190 (Senator Hough) - Judicial Proceedings.
Information Source(s): Maryland Department of Health; Department of State Police;
Department of Legislative Services
Fiscal Note History: First Reader - February 8, 2021
an/lgc
Analysis by: Shirleen M. E. Pilgrim Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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Statutes affected: Text - First - Firearms – Right to Purchase, Possess, and Carry – Use of Medical Cannabis: 5-701 Public Safety