(MMCC) A Program Overview for Maryland Law Enforcement David - - PowerPoint PPT Presentation

Maryland Medical Cannabis Commission (MMCC) A Program Overview for Maryland Law Enforcement

David Kloos, Director, Bureau of Enforcement and Compliance Maryland Medical Cannabis Commission

The purpose of this training material is to inform Maryland Law Enforcement Officers about the Maryland Medical Cannabis Commission’s qualifying patient registry in the State of Maryland. The Commission’s primary goal is to protect public health and safety. In 2013, legislation was introduced and passed by the Maryland General Assembly that created the Natalie M. LaPrade Medical Cannabis

• Commission. The purpose of the Commission is to develop policies,

procedures, guidelines, enforcement and regulations to implement programs to provide medical cannabis to qualifying patients in a safe and effective manner.

Program Overview

• Maryland General Assembly created Medical Cannabis

Commission in 2013 for the investigational use of medical cannabis.

• The statute was revised in 2014 to allow qualifying patients to
• btain medical cannabis in accordance with a written certification

from a physician.

• In 2016, additional medical providers were added: dentists,

podiatrists, nurse practitioners, and nurse midwives.

The Commission

• Commission is an independent agency within the Department of

Health.

• Commission has 16 members representing:

Health Care Law Enforcement Science State Government Patients States Attorney

Contents of Training Material

• Training Objectives:
• 1. Medical Cannabis Licenses
• 2. Qualified Patient and Qualified Caregiver Registry
• 3. Function of the Independent Testing Laboratory
• 4. Transportation Agents and Transportation Manifest
• 5. Qualified Patient, Qualified Caregiver, Transportation Agent, Grower,

Processor, Dispensary Agent Identification Cards

• 6. Accessing State Criminal Justice Dashboard
• 7. Packaging and Labeling of Medical Cannabis
• 8. Industry Requirements, Enforcement and Penalties
• Resources to Obtain Additional Information
• Contact Information

Overview of the Maryland Medical Cannabis Commission

Three License Types Available in Maryland

• Medical Cannabis Grower License
• Medical Cannabis Processor License
• Medical Cannabis Dispensary License

(Independent Testing Laboratories Must Register and be Approved by the Commission)

Maryland Medical Cannabis Program Who is involved?

GROWERS 15 State Locations PATIENTS & CAREGIVERS DISPENSARIES 102 State Locations INDEPENDENT TESTING LABS PROCESSORS 15 State Locations

• Licensee grows and cultivates cannabis plants in a controlled facility
• 15 locations throughout Maryland; required to comply with all planning

and zoning requirements for the applicable location

• Submits samples to Independent Testing Labs
• Sells product to Processors and Dispensaries
• As of October 1, 2017 there are 14 licensed Growers in the State of

Maryland NOTE: Maryland Law Prohibits Patients from Growing Cannabis for their

• wn use.

Medical Cannabis Grower License

• A Processor licensee obtains medical cannabis flower, buds, shake or

trim from Growers and transform it into cannabis-infused products, such as oils, tinctures, capsules , waxes or creams, patches, sublingual sprays

• Submits samples to Independent Testing Labs
• Sells cannabis-infused products to Dispensaries
• Processors may transport cannabis infused products between Processors
• As of October 25, 2017 there are 12 licensed Processors in the State of

Maryland

Medical Cannabis Processor License

• Dispensary licensee provides both flower and cannabis-infused

products to Qualifying Patients and Caregivers

• The Commission may issue preapprovals of up to two (2) licensed

Dispensaries per Senatorial district and (10) additional licenses for vertically integrated growers for a total of 109 Dispensaries

• A Qualifying Patient may request delivery of Medical Cannabis

upon written certification

• As of November 20, 2017, there are 10 Dispensaries licensed in the

State of Maryland

NOTE: Maryland Law does NOT permit “Edibles”* *Any substance that is used as food or drink for human beings, or as a component of food or drink for human beings - Not legal for sale in State of Maryland

Medical Cannabis Dispensary License

• Registered Independent Testing Laboratories collect a representative sample

from each 10 pound batch of cannabis flower to perform “in-process” or certifying tests. Sampling is performed by the laboratory at the licensed grower’s facility, and the sample is transported to the laboratory by the laboratory employee.

• Registered Independent Testing Laboratories collect random samples from

each lot of cannabis infused product to perform “in-process or certifying tests”. Sampling is performed by the laboratory personnel at the licensed Processor’s facility and the sample is transported to the laboratory by the laboratory employee.

Independent Testing Laboratory

Certifying Tests

Certifying tests are required prior to product transfer from one (1) licensee to another

• The certifying test includes the following:

Cannabinoid Content Terpene Analysis Heavy Metal Analysis Pesticide Residue Analysis Microbiological Impurity Analysis Water Activity Moisture Content Residual Solvent Analysis (If Applicable)

• Enrollees shall complete a multi-step process to become a registered Qualified Patient
• A Qualified Patient may be any age. Patients under the age of 18 shall have a

Caregiver who is a legal guardian.

• A person can be both a Patient and a Caregiver.
• Qualified Patient shall not have more than two (2) Caregivers.
• Authorized to purchase products from Licensed Dispensaries
• Patient may be certified to receive a 30 day supply (120 Grams of usable flower or

36 grams of THC oil or a combination). This amount may be increased if the 30 day supply would be inadequate to meet the medical needs of the Qualifying Patient as determined by the medical provider.

• As of October 25, 2017 approximately 17,000 Patients and 500 Caregivers have

registered with the Commission in Maryland

Cannabis Qualified Patients

Qualified Patient & Qualified Caregivers Key Terms

• A person who has registered with the Maryland

Medical Cannabis Commission (MMCC) for the purposes of obtaining medical cannabis for his/her use and who has been provided a written certification from a registered Provider

• A Certification is similar to a prescription for

medical cannabis. A Certification is valid for

• ne year or less.
• A licensed medical professional who has

registered with the MMCC to issue medical cannabis Certifications. A Provider may be a physician, dentist, podiatrist, certified nurse practitioner or a nurse midwife.

Qualified Patient Certification Provider

Cannabis Qualified Caregivers

• Shall complete a multi-step registration process to become a

registered Qualified Caregiver

• Is an individual 21 years of age or older designated by the

Qualified Patient

• Caregiver shall not have more the five (5) Qualifying Patients
• Caregivers may be in possession of medical cannabis for delivery

purposes

• A Transportation Agent is a registered grower agent, registered processor agent and registered

dispensary agent authorized by the licensee to transport products containing medical cannabis; OR

• A licensed and bonded carrier of a secure transportation company – that provides highly secure

vehicles for the transportation of valuables, and medical cannabis is secured at all times during transport

• Medical Cannabis Transport Vehicle: Displays current registration from the State, insured by law

and not display any sign or illustration related to medical cannabis

• Medical Cannabis is delivered between licensees, or to Qualified Patients or Qualified Caregivers.
• Transportation of cannabis occurs frequently throughout the process - between Growers,

Processors, Labs, Dispensaries and to Patients/Caregivers.

• A secure transportation company OR a shipping licensee shall transport products containing

medical cannabis and carry with them a TRANSPORTATION MANIFEST

Transportation Agents

Transportation Agent shall have a:

• 1. Transportation Manifest
• 2. MMCC Agent ID Card; and
• 3. Current driver’s license

Transportation Agent may NOT wear any clothing or symbols that may indicate ownership or possession of medical cannabis

Identification for Transportation Agents

The Transportation Manifest must look like this: Manifest Number may be checked in the state law enforcement dashboard

Name & Address of Sender Destination & Route to be Traveled Name of Transportation Agent Manifest Number

Medical Cannabis Transportation Manifest

Patient and Caregiver Identification Cards

Becoming a Medical Cannabis Qualifying Patient in Maryland:

• 1. Patient submits an on-line application to Maryland Medical Cannabis

Commission (MMCC)

• 2. MMCC reviews & approves application
• 3. Patient visits a Certifying medical provider (licensed physician, dentist,

podiatrist, nurse practitioner, or nurse midwife) registered with MMCC

• 4. Certifying medical provider issues a “Certification” (like a prescription) to

the Qualifying Patient

A Qualified Patient IS NOT required to purchase an Identification Card A Patient is not authorized to purchase or possess Medical Cannabis in the State of Maryland until ALL four steps have been completed.

Security Features of the Qualified Patient and Qualified Caregiver MMCC ID Cards

• Features of MMCC Patient & Caregiver ID Cards:
• Identify Name, Birthdate and MMCC Identification Number of

Patient/Caregiver

• Include recent color photo of Patient/Caregiver
• Front of card is sealed with custom hologram with the State

seal and “MMCC”

Qualified Patient MMCC ID Card (Sample)

Qualified Patient and Qualified Caregiver Identification Cards have a custom State Seal hologram on the front of the card.

NOTE: Agent ID cards do not contain a hologram

Misuse Of Patient/Caregiver ID Cards

• Identification Cards presented to Law Enforcement not issued to

the person presenting the card, SHALL be confiscated and returned to the Commission as soon as possible

• Utilize the return address on the reverse side of the ID Card and

include a brief explanation for confiscating the card with the Officer’s contact information

• Bureau of Enforcement and Compliance will conduct a follow-up

and notify the Officer of the disposition

Caregivers Access to Medical Cannabis

Steps to become a registered Medical Cannabis Caregiver in Maryland:

• 1. Caregiver submits an on-line application to MMCC
• 2. MMCC reviews & approves application
• 3. A qualifying Patient selects the Caregiver

Qualified Caregivers ARE REQUIRED to obtain an Identification Card A Caregiver is not authorized to purchase or possess Medical Cannabis in the State

• f Maryland until ALL three steps have been completed AND their Qualifying

Patient has a Certification.

Patient Attestation Prior to the Distribution of Medical Cannabis

IMPORTANT NOTICE: EVERY PATIENT MUST SIGN AN ATTESTATION FORM AT THE TIME ANY MEDICAL CANNABIS PRODUCT IS BEING DISPENSED. Restrictions on Qualified Patients and Qualified Caregivers in possession of medical cannabis. Prohibitions include the following: Patient Attests that they know it is illegal: 1. To operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or boat while under the influence of medical cannabis; 2. To smoke medical cannabis in any public place; 3. To smoke medical cannabis in a motor vehicle; or 4. To undertake any task under the influence of medical cannabis, when doing so would constitute negligence or professional malpractice

Patient Attestation Prior to the Distribution of Medical Cannabis

• 4. Smoking medical cannabis on a private property that:

Is rented from a landlord; and Is subject to a policy that prohibits the smoking of medical cannabis or marijuana on the property; or

5. Smoking medical cannabis on a private property that is subject to a policy that prohibits the smoking of medical cannabis on the property of an attached dwelling adopted by:

The board of directors of the council of units owners of a condominium regime; or The governing body of a homeowners association

Note: Vaporization of Medical Cannabis is NOT considered smoking

Grower, Processor, Dispensary Agent Identification Cards

• An MMCC Agent ID Card looks like

this:

• Agent ID Cards are color-coded by

type of business. Growers are Green, Processors are Blue, Dispensaries are Yellow, and Labs are Red. NOTE: Agent ID cards do not have a hologram on the front laminate.

Verifying Qualified Patient, Qualified Caregiver and Transportation Agent Information through the Maryland Criminal Justice Dashboard

Verifying Information via Criminal Justice Dashboard Qualified Patient

If you encounter a situation that involves a medical cannabis PATIENT in possession of cannabis you should:

• Verify the identity of the individual via traditional law enforcement means, i.e. driver’s

license, passport, etc.

• The patient may, but is not required to, possess or provide a MMCC Patient ID card;
• Query the Maryland Criminal Justice Dashboard to confirm the individual is a qualified

patient;

• The QUERY is made by MMCC patient/caregiver ID Number
• The patient’s identification should match the patient information on the label affixed to

the package of cannabis;

• The contents of the package should match what is listed on the label

Verifying Information via Criminal Justice Dashboard

Qualified Caregiver

If you encounter a situation that involves a medical cannabis CAREGIVER in possession of medical cannabis you should:

• Verify the identity of the individual via traditional law enforcement means, i.e.

driver’s license, passport, etc.

• The Caregiver must possess a MMCC Caregiver ID Card
• Query the Maryland Criminal Justice Dashboard by MMCC caregiver ID Number

to confirm the individual is a qualified Caregiver

• The Dashboard will identify the Patients associated with the Caregiver. The

Certification Status and Certification Expiration Date are identified for each Patient.

• The contents of the package should match what is listed on the label
• A Caregiver may be carrying cannabis for each of his/her patients

Verifying Information via Criminal Justice Dashboard Transportation Agent

If you encounter a situation that involves a medical cannabis TRANSPORTATION AGENT in possession of medical cannabis you should:

• Verify the identity of the individual via traditional law enforcement means, i.e. driver’s

license, passport, etc.

• The Agent Shall possess a MMCC Agent ID Card and a Transportation Manifest
• Dispensary Agents will have a Transportation Manifest for home deliveries
• Query the Maryland Criminal Justice Dashboard to confirm that the transportation

manifest is valid

• The contents of the package should match what is listed on the manifest and the

Agent should be on the route identified on the manifest

Verifying Information via Criminal Justice Dashboard

Step 1. From the menu on the Maryland Criminal Justice Dashboard, select Ad Hoc Reports

Verifying Information via Criminal Justice Dashboard

Step 2. From the menu on the Dashboard, select MD Medical Cannabis Search

User must “Accept” to continue

Verifying Information via Criminal Justice Dashboard

Step 3. Read and Accept Disclaimer

Verifying Information via Dashboard

Step 4: Enter Search Criteria

Must enter: MMCC ID # and Select to search for a Patient or a Caregiver

Verifying Information via Dashboard

Step 5: View Patient Data

Verifying Information via Criminal Justice Dashboard

Notes about the search criteria- 1. One person can be both a Qualified Patient and a Qualified Caregiver. They may be authorized to possess medical cannabis as one, but not the other, so you must identify whether you are searching for a Patient or a Caregiver 2. A Qualified Caregiver must have his MMCC Caregiver ID card with him if (s)he is transporting cannabis.

Verifying Information via Criminal Justice Dashboard

MMCC FACT: A Patient is not authorized to possess medical cannabis unless he/she has a registration status of “Registered” AND She/he has a Certification that is “Active”, or recently “Expired”

Verifying Information through the Dashboard

Alternative Step 5. View Caregiver Data

Caregiver may have 5 Patients User may select on “Active”/”Inactive” to see patient detail

Verifying Information through the Dashboard

MMCC FACT: A Caregiver is not authorized to possess medical cannabis unless (s)he has a registration status of “Registered” AND She/he is assigned to a Patient that has a registration status of “Registered” and has a Certification that is “Active”, or recently “Expired”

Patient and Caregiver Summary

• Patients and Caregivers shall register with MMCC
• Patients are not required to purchase MMCC ID cards
• Caregivers are required to purchase MMCC ID cards
• Law enforcement officers can access the MMCC Registry via the

Maryland Criminal Justice Dashboard

• Patient information in the MMCC Registry is HIPAA data and must be

protected as such

• Patients are not permitted to operate a vehicle under the influence of

medical cannabis or smoke medical cannabis in public places

Forms of Medical Cannabis

Medical cannabis may be in the following forms:

Dried flower or bud Oils Capsules Lotions Wax Tinctures Vaping Pens Capsules Patches Sublingual sprays

How to Identify Medical Cannabis, Packaging and Labeling Requirements

Packaging and Labeling Requirements (Must include same information similar to a prescription: Patients Name, Date, Providers Name, Dispensary Location, Lot Number, Dosage)

• COMAR provides basic guidelines for packaging and labeling, but each

facility creates their own packaging and labels, so packages from different businesses will look different.

• However, all packages and labels should look professional. No cartoon

characters are allowed.

• Cannabis in possession of Patient or Caregiver must be labeled with

Patient’s name

Cannabis Packaging from Dispensaries

COMAR does not mandate industry-wide standard packaging, but mandates certain requirements for packages. The package must:

• Be plain;
• Be opaque;
• Identify the licensee that produced the cannabis finished product or

that grew the medical cannabis in the package;

• Bear the finished product lot number and expiration date;
• Bear a warning that contents may be lawfully consumed only by the

qualifying patient named on the label

Cannabis Packaging from Dispensaries

In addition the package must:

• State it is illegal to transfer the package or its contents to any person
• ther than a caregiver
• Bear the Maryland Poison Control Center emergency telephone number;
• Bear the telephone number of the licensee to call to report an adverse

patient event;

• Bear a conspicuous itemization, including weight, of all cannabinoid and

terpene ingredients specified for the product;

• And bear a personalized label for the qualifying patient

Packaging MUST Have Proper Identifying Labeling Information on any Product

Summary Overview

• State licensed Dispensaries will soon begin to dispense medical cannabis for

use by qualified patients registered with the Maryland Medical Cannabis Commission

• Qualified patients are authorized under the Code of Maryland Regulations to

possess and use medical cannabis to treat certain specified chronic or debilitating medical conditions in accordance with certifications made by their certified medical provider

• It is reasonable to expect that law enforcement will encounter a variety of

situations involving vehicular transport or out-of-home use of lawfully dispensed medical cannabis

Summary Overview

• It is vitally important that law enforcement officers throughout the State
• f Maryland posses the ability to distinguish the lawful use and

possession of medical cannabis from unlawful use and possession of cannabis

• It is the recommendation from the Bureau of Enforcement and

Compliance that when an officer encounters a Qualified Patient or Qualified Caregiver deviating from the procedures outlined in the training, they document the incident and forward the information to the Bureau for immediate follow-up.

• If the deviation is clearly a violation of Maryland Law the Officer shall

investigate and enforce suspected violations of Maryland Controlled Dangerous Substance Laws

Security and Safety

• Requirements for Industry Personnel
• Fingerprint-based criminal history check of all investors, managers, employees.
• Background investigations of all applicants, including investors, managers.
• Financial investigation of investors.
• No one with a felony drug conviction can be part of the program.
• Pre-employment urine testing for all personnel.
• All personnel must be trained in safety and security.
• Licensees need drug-free workplace policy.

Security and Safety

Control of Cannabis

• Commission has deployed the Marijuana Enforcement Tracking Reporting and Compliance

System (METRC) which tracks marijuana from “seed to sale”

• Any diversion reported to the Commission (Commission has sworn special police officers)

and the Maryland State Police

• Transactions recorded
• Detailed requirements for secure transportation
• Detailed control in dispensing premises
• Vaults (Secure Room) for medical cannabis
• Exclusion of persons other than patients in dispensaries
• Commission will review security plans

MMCC Bureau of Enforcement and Compliance Structure

• Director of the Bureau of Enforcement and Compliance
• North, South, East and West Regional Investigative Supervisors
• Former Law Enforcement Supervisors from the Maryland State Police

and Baltimore City Police Departments

• Director of Program Analytics (Marijuana Enforcement Tracking

Reporting and Compliance - METRC) Former Baltimore City Police and DEA

• Unit Supervisors are Special Commissioned Police Officers
• Director of Laboratory Compliance; Scientist from the Department of

Health

Security and Safety

Inspections and Violations

• Commission will regularly inspect all licensees
• Commission can revoke licenses for violations
• Commission can fine violators up to $10,000

Annotated Code of Maryland 13-3313 (Health General) Any possession, distribution or use of cannabis diverted from the program is a Felony and penalized by up to five years in prison and a $10,000 fine in addition to other CDS penalties

Further Information

• Visit MMCC Website at MMCC.MARYLAND.GOV
• On the Website Review Regulations at COMAR 10.62.01-35 - Natalie LaPrade

Medical Cannabis Commission Maryland Medical Cannabis Commission 849 International Drive, 4th Floor Linthicum, MD 21090 (410) 487-8100 Contact Person: Regional Investigative Supervisor Mark Rodeheaver (410) 487-8063

Thank you for your time. Questions?