§ 7–1671.08(Perm). Penalties.

*NOTE: This codification is not the most current. To see the current law, click this link Current Version*

(a) Any person who manufactures, cultivates, possesses, administers, dispenses, distributes, or uses cannabis, or manufactures, possesses, distributes, or uses paraphernalia, in a manner not authorized by this chapter or the rules issued pursuant to § 7-1671.13 shall be subject to criminal prosecution and sanction under subchapter I of Chapter 11 of Title 48 [§ 48-1101 et seq.].

(b)(1) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the person's manufacture, cultivation, possession, administration, dispensing, distribution, or use of medical cannabis, or manufacture, possession, distribution, or use of paraphernalia to avoid arrest or prosecution shall be subject to a criminal fine not to exceed $1,000.

[(2)] The imposition of the fine set forth in paragraph (1) of this subsection shall be in addition to any other penalties that may otherwise apply for the making of a false statement or for the manufacture, cultivation, possession, administration, dispensing, distribution, or use of cannabis, or the manufacture, possession, distribution, or use of paraphernalia.

(c) It shall be an affirmative defense to a criminal charge of possession or distribution of cannabis, or possession with intent to distribute cannabis, that the person charged with the offense is a person who:

(1) Was in possession of medical cannabis only inside the qualifying patient's residence or a medical treatment facility;

(2) Only administered or assisted in administering the medical cannabis to the qualifying patient and only within the qualifying patient's residence or at a permitted medical treatment facility;

(3) Assisted the qualifying patient only when the caregiver was not reasonably available to provide assistance; and

(4) Is 18 years of age or older.

(d) The ABC Board may impose and adjudicate civil fines for violations of this chapter and rules issued in accordance with § 7-1671.13 committed by licensed cultivation centers, manufacturers, retailers, internet retailers, testing laboratories, and couriers.

(e) Within 180 days after March 22, 2023, the ABC Board shall submit proposed regulations to the Council setting forth a schedule of civil penalties, fines, and fees for violations of this chapter for a 90-day period of review, including Saturdays, Sundays, holidays, and periods of Council recess. If the Council does not approve, in whole or in part, the proposed regulations within the 90-day review period, the regulations shall be deemed approved. The schedule shall replace all civil penalties, except as expressly provided in this chapter.