§ 13-3309. Exemption from arrest, prosecution, or any civil or administrative penalty; penalty for distributing, possessing, manufacturing, or using marijuana diverted from approved program.

   (a) Exemption from arrest, prosecution, or any civil or administrative penalty. -- Any of the following persons acting in accordance with the provisions of this subtitle may not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the medical use of marijuana:

   (1) A patient enrolled in a program approved under this subtitle who is in possession of an amount of marijuana authorized under the program;

   (2) A grower licensed under § 13-3308 of this subtitle or an employee of the licensed grower who is acting in accordance with the terms of the license; or

   (3) An academic medical center, an employee of the academic medical center, or any other person associated with the operation of a program approved under this subtitle for activities conducted in accordance with the program approved under this subtitle.

(b) Penalty for distributing, possessing, manufacturing, or using marijuana diverted from approved program. --

   (1) A person may not distribute, possess, manufacture, or use marijuana that has been diverted from a program approved under this subtitle or from a patient who is enrolled in a program approved under this subtitle.

   (2) A person who violates this subsection is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 10,000 or both.

   (3) The penalty under this subsection is in addition to any penalties that a person may be subject to for manufacture, possession, or distribution of marijuana under the Criminal Law Article.

HISTORY: 2013, ch. 43, § 5; ch. 403.