Publication

The 'immaculate conception' problem: Maryland medical marijuana growers must break law to grow plants

Offit Kurman Cannabis Attorney Darren Weiss Quoted in The Baltimore Sun

by Erin Cox, The Baltimore Sun

 

Darren H. Weiss

Darren H. Weiss

Even in states where marijuana is legal for recreational use, initially obtaining plants can be a crime.

In Washington D.C., it's legal to grow and smoke marijuana at home but a crime to buy or sell seeds and plants.

But it is not a crime to give away a small amount of seeds. So last year, advocates who helped pass D.C.'s recreational marijuana law set up a free "seed swap" to give away thousands of seeds to help hundreds of people launch their own legal crops.

Darren Weiss, a Baltimore corporate attorney with a cannabis law practice, has several Maryland clients seeking medical marijuana licenses. He said once the plants are in a legal grow operation, they're legal under state law. But to start, he can't offer any legal advice on how to go about an illicit activity.

"No ethical lawyer can," Weiss said. "What I'm advising my clients is: 'This is on you. I can't advise. I don't want to know how it happens.' "

Maryland's Medical Cannabis Commission has not issued guidance on this point either, chairman Paul Davies said. No state regulations ask growers to disclose how they got started. The state law legalizing marijuana is silent on that point. – Erin Cox, The Baltimore Sun

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