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Maryland lawmakers are taking up a bill to protect the gun rights of medical marijuana patients in the state.
Members of the House Judiciary Committee discussed the legislation from Del. Robin Grammer (R) on Wednesday. The delegate has sponsored multiple versions of the cannabis and gun rights measure over recent sessions, but they have not yet advanced to enactment.
“House Bill 365 protects the firearm ownership rights of those who qualify to use medical cannabis by reconciling the articles concerning health and public safety,” Grammer said at the hearing. “A loophole continues to exist between the laws governing our medical cannabis industry and the laws governing our state police. Currently, patients who qualify to use medical cannabis—a legal product through Maryland’s legal medical cannabis certification—lose their rights for answering the relevant firearms forms.”
“If you have a card or even the simple administration-issued identification number, you lose your rights,” he said. “You need not purchase, possess or use cannabis. Your status as a qualifying patient, per the current procedures followed by the state police, prohibits a legitimate purchase.”
“Maryland qualifying patients need protection, and we need to provide the leadership to protect them,” the sponsor said. “It makes no sense if qualifying patients in Maryland cannot legally purchase a gun, but can legally carry one. We should pass House Bill 365 to protect the rights of those who use non-addictive medical solutions.”
The state-level reform would not change a federal statute mandating a similar prohibition; however, that federal policy is actively being reviewed by the U.S. Supreme Court amid a flurry of lawsuits challenging the constitutionality of the law.
As far as Maryland law is concerned, the one-page bill states that a “person may not be denied the right to purchase, own, possess, or carry a firearm under this title solely on the basis that the person is authorized to use medical cannabis.”
While Maryland voters approved a ballot initiative to broadly legalize marijuana for adult use in 2022, the legislation that was considered in committee would not impact the rights of non-patients when it comes to state gun laws.
At the federal level, the gun prohibition for marijuana consumers is facing scrutiny in federal courts across the country, as well as the Supreme Court. Numerous cannabis and gun rights organizations, including the National Rifle Association (NRA), have submitted briefs in that high-profile case urging justices to uphold a lower court ruling that deemed the gun restriction unconstitutional.
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Back in Maryland, legislators also recently filed bills to extend a psychedelic task force through the end of 2027 to develop updated recommendations on expanding therapeutic access to the novel drugs and potentially creating a regulatory framework for broader legalization.
Meanwhile, a Republican congressional lawmaker representing Maryland who has built a reputation as one of the staunchest opponents of marijuana reform on Capitol Hill—and whose record includes ensuring that Washington, D.C. officials are blocked from legalizing recreational cannabis sales—may be at risk of being unseated in November due to redistricting in his state.
Kyle Jaeger is Marijuana Moment’s Sacramento-based managing editor. He’s covered drug policy for more than a decade—specializing in state and federal marijuana and psychedelics issues at publications that also include High Times, VICE and attn. In 2022, Jaeger was named Benzinga’s Cannabis Policy Reporter of the Year.
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