UM law school’s Cannabis Legal Resource Center provides legal guidance

Listen to this article

With medical and adult recreational use cannabis now legal in Maryland, questions about how to navigate the public health implications remain. Answering them requires expertise in both cannabis laws and public health policy.

The Cannabis Legal Resource Center (CLRC), launched by the University of Maryland Francis King Carey School of Law and the Maryland Department of Health, aims to help untangle the complex relationships between cannabis law, public health and policy. Led by cannabis law and policy expert Mathew Swinburne, the CLRC works to support public health officials, legislators and community groups across the state.

“We are here to educate Maryland’s public health community about cannabis law and policy and how it impacts public health and to also advocate for smart public health policy in the cannabis space that protects and promotes the health of Maryland communities,” Swinburne explained.

Some of the issues the CLRC is helping local agencies grapple with include whether or not medical cannabis use is permitted in Maryland schools, or how to handle drug-testing and cannabis use in the workplace. To determine its priorities, the CLRC conducted a community needs assessment involving all 24 of Maryland’s local health departments. The impact of cannabis legalization on youth emerged as a top concern.

RELATED: MD law preventing police stop and search based on pot odor doesn’t apply retroactively, court rules

“Legalization is changing people’s perceptions; their risk analysis is different because the state government says it’s legal,” said Swinburne. “But local health departments are especially concerned about the perceptions of youth because of the special health risks in terms of cognitive development and exposure to THC.”

Because of this, education for both young people and adults is critical. Unlike the “just say no” campaigns of the past, education about cannabis usage is far more nuanced.

“Regardless of how you feel about legalization, it’s happened here in Maryland. We need to figure out how to minimize risks and maximize benefits,” Swinburne said.

Another major focus of the CLRC’s work is the so-called “hemp loophole.” Cannabis and hemp are different varieties of the same species, Cannabis sativa. Hemp contains significantly less THC and is primarily grown for industrial purposes. Under federal law, products derived from the hemp plant are legal as long as they contain less than 0.3% delta-9 THC by dry weight. However, THC can be extracted from the hemp plant and concentrated into edible products.

“The plant itself has a low level by weight of THC, but if you make, let’s say, a Snickers bar and infuse it with delta-9 THC that’s extracted from that hemp plant, you could have a very intoxicating level of THC,” he said. “It could be something like 50 milligrams of delta-9 THC, which is a ton.”

More concerning is the fact that hemp products often bypass the rigorous safety standards applied to cannabis sold in licensed dispensaries. This loophole has resulted in two parallel markets in Maryland: a tightly regulated cannabis market and a loosely regulated hemp market, which Swinburne sees as undermining public health efforts.

“It’s a legal problem that has been exploited,” he said, noting that while Maryland has attempted to close the loophole, the hemp industry has pushed back with ongoing legal challenges.

The CLRC also focuses on issues involving cannabis use in the workplace and housing, both of which have significant public health implications. In Maryland, at-will employment laws mean that individuals can be fired for legal, off-duty cannabis use, which Swinburne argues is detrimental to public health.

Health officers, attorneys see need to better protect consumers in MD recreational weed market

“Employment is a critical determinant of health,” he pointed out, making legal protections for cannabis users crucial. Housing is another challenge, particularly in multi-unit dwellings where cannabis smoke can affect neighboring residents. The CLRC frequently fields questions from both sides, whether it’s tenants concerned about exposure to secondhand smoke or those wondering how to use cannabis legally in their homes.

As the cannabis industry in Maryland continues to mature, the CLRC is focused on staying ahead of the curve.

“States are perpetually learning as their industries grow,” Swinburne said, noting that while lessons from earlier adopters are valuable, each state must navigate its unique challenges. “We’re here to educate, support, and help achieve public health goals in this space.”