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This entry was published on 2021-04-02
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SECTION 3362
Lawful medical use
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 5-A
* § 3362. Lawful medical use. 1. The possession, acquisition, use,
delivery, transfer, transportation, or administration of medical
marihuana by a certified patient or designated caregiver possessing a
valid registry identification card, for certified medical use, shall be
lawful under this title; provided that:

(a) the marihuana that may be possessed by a certified patient shall
not exceed a thirty day supply of the dosage as determined by the
practitioner, consistent with any guidance and regulations issued by the
commissioner, provided that during the last seven days of any thirty day
period, the certified patient may also possess up to such amount for the
next thirty day period;

(b) the marihuana that may be possessed by designated caregivers does
not exceed the quantities referred to in paragraph (a) of this
subdivision for each certified patient for whom the caregiver possesses
a valid registry identification card, up to five certified patients;

(c) the form or forms of medical marihuana that may be possessed by
the certified patient or designated caregiver pursuant to a
certification shall be in compliance with any recommendation or
limitation by the practitioner as to the form or forms of medical
marihuana or dosage for the certified patient in the certification; and

(d) the medical marihuana shall be kept in the original package in
which it was dispensed under subdivision twelve of section thirty-three
hundred sixty-four of this title, except for the portion removed for
immediate consumption for certified medical use by the certified
patient.

2. Notwithstanding subdivision one of this section:

(a) possession of medical marihuana shall not be lawful under this
title if it is smoked, consumed, vaporized, or grown in a public place,
regardless of the form of medical marihuana stated in the patient's
certification.

(b) a person possessing medical marihuana under this title shall
possess his or her registry identification card at all times when in
immediate possession of medical marihuana.

* NB Repealed July 5, 2028 and Repealed 6 months after the full
cannabis control board created by Article 2 of the cannabis law has been
appointed