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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1361*
HOUSE BILL 1361
E1, E2 6lr2619
By: Delegate Rosenberg
Introduced and read first time: February 13, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Controlled Dangerous Substances and Criminal Organizations 2
FOR the purpose of establishing that a certain conspiracy involving a controlled dangerous 3
substance crime has the same penalty as the underlying crime; providing for the 4
venue for prosecution of a certain crime related to a controlled dangerous substance; 5
providing for the venue for prosecution of a certain crime committed in furtherance 6
of a crime involving a criminal organization ; and generally relating to controlled 7
dangerous substance crimes and criminal organizations. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Law 10
Section 5–602 and 9–807 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13
BY adding to 14
Article – Criminal Law 15
Section 5–611 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2025 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Criminal Law 21
5–602. 22
(a) Except as otherwise provided in this title, a person may not: 23
(1) distribute or dispense a controlled dangerous substance; or 24
2 HOUSE BILL 1361
(2) possess a controlled dangerous substance other than cannabis in 1
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 2
dispense a controlled dangerous substance. 3
(b) (1) Except as otherwise provided in this title, a person may not possess 4
cannabis in sufficient quantity reasonably to indicate under all circumstances an intent to 5
distribute or dispense cannabis. 6
(2) Possession of the civil use amount of cannabis or the personal use 7
amount of cannabis without other evidence of an intent to distribute or dispense does not 8
constitute a violation of paragraph (1) of this subsection. 9
(c) (1) (i) In this subsection, “adult sharing” means transferring cannabis 10
between persons who are 21 years of age or older without remuneration. 11
(ii) “Adult sharing” does not include instances in which: 12
1. cannabis is given away contemporaneousl y with another 13
reciprocal transaction between the same parties; 14
2. a gift of cannabis is offered or advertised in conjunction 15
with an offer for the sale of goods or services; or 16
3. a gift of cannabis is contingent on a separate reciprocal 17
transaction for goods or services. 18
(2) This section does not prohibit, and no civil or criminal penalty may be 19
imposed for, adult sharing of the personal use amount of cannabis. 20
(D) (1) A PERSON MAY NOT CONSPIRE TO COMMIT A VIOLATION OF THIS 21
SECTION. 22
(2) EXCEPT AS OTHERWISE SPECIFIED IN THIS SUBTITLE, A PERSON 23
WHO IS CONVICTED FOR CONSPIRACY TO COMMIT A VIOLATION DESCRIBED IN THIS 24
SECTION SHALL BE SUBJECT TO THE SAME PENALTY AS THE UNDERLYING OFFENSE. 25
5–611. 26
(A) FOR PURPOSES OF VENUE , ANY VIOLATION OF T HE CRIMINAL LAW 27
ARTICLE OR THE PUBLIC SAFETY ARTICLE COMMITTED IN FURTHERANCE OF A 28
VIOLATION OF THIS SU BTITLE IS CONSIDERED TO HAVE BEEN COMMITT ED IN ANY 29
COUNTY: 30
(1) IN WHICH ANY ACT WAS PERFORMED IN FURTHER ANCE OF A 31
VIOLATION OF THIS SUBTITLE; 32
HOUSE BILL 1361 3
(2) THAT IS THE PRINCIPA L PLACE OF THE OPERA TIONS OF THE 1
CONSPIRACY IN THE STATE; 2
(3) IN WHICH A DEFENDANT HAD CONTROL OR POSSE SSION OF 3
PROCEEDS OF A VIOLAT ION OF THIS SUBTITLE OR OF RECORDS OR OTH ER 4
MATERIAL OR OBJECTS THAT WERE USED IN FURTHERANCE OF A VIOLATION; OR 5
(4) IN WHICH A DEFENDANT RESIDES. 6
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IN 7
CIRCUMSTANCES IN WHI CH A VIOLATION OF TH IS SUBTITLE IS ALLEG ED TO HAVE 8
BEEN COMMITTED IN MO RE THAN ONE COUNTY , THE RESPECTIVE STATE’S 9
ATTORNEY OF EACH COUNTY, OR THE ATTORNEY GENERAL, MAY JOIN THE CAUSES 10
OF ACTION IN A SINGL E COMPLAINT WITH THE CONSENT OF EACH STATE’S 11
ATTORNEY HAVING JURISDICTION OVER AN OFFENSE SOUGHT TO BE JOINED. 12
9–807. 13
For purposes of venue, any violation of this subtitle , OR A VI OLATION OF THIS 14
ARTICLE OR THE PUBLIC SAFETY ARTICLE COMMITTED IN FURTHERANCE OF A 15
VIOLATION OF THIS SUBTITLE, is considered to have been committed in any county: 16
(1) in which any act was performed in furtherance of a violation of this 17
subtitle; 18
(2) that is the principal place of the operations of the criminal organization 19
in the State; 20
(3) in which a defendant had control or possession of proceeds of a violation 21
of this subtitle or of records or other material or objects that were used in furthera nce of a 22
violation; or 23
(4) in which a defendant resides. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26