Md. Code Regs. 14.17.04.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.17.04.07 - New Condition Approval Process

A. Petition.

(1) To suggest a medical condition, medical treatment, or disease for Administration consideration, a person shall submit a petition to the Administration in a format determined by the Administration.

(2) A petition shall include:

(a) The severity of a condition or the treatments thereof;

(b) The degree to which other medical treatments have been ineffective to alleviate pain, suffering, disability or the symptoms of the condition or the treatment thereof;

(c) Evidence that supports a finding that the use of medical cannabis alleviates pain, suffering, disability or symptoms of the condition or the treatment thereof;

(d) Any information or studies regarding any beneficial or adverse effects from the use of medical cannabis in patients with the medical condition, medical treatment, or disease that is the subject of the petition; and

(e) Letters of support from providers or other licensed health care professionals knowledgeable about the condition, treatment, or disease.

B. As needed, the Administration shall conduct a public hearing to evaluate any petition to consider other medical conditions, medical treatments, or diseases that may be treated by using medical cannabis and included in certifying provider applications.

C. The Administration may refer a petition for consideration to the:

(1) Cannabis Public Health Advisory Council; or

(2) Advisory Board on Medical and Adult-use Cannabis.

D. If the Advisory Council or the Advisory Board on Medical and Adult-use Cannabis considers a petition to add a medical condition, treatment, or disease for approved medical cannabis use, the Advisory Council or the Advisory Board on Medical and Adult-use Cannabis shall study and make recommendations to the Administration on whether to approve or deny the petition.

E. Summary Denial. The Administration may deny a petition, without submitting it for public comment, if the petition:

(1) Is facially insubstantial; or

(2) Pertains to a medical condition, medical treatment, or disease that has been previously considered or rejected by the Administration, unless scientific research not previously considered in a prior review is included in the petition.

F. Upon consideration of recommendations and any additional information, the Administration may conclude that providers will be encouraged to apply to register with the Administration to treat the medical condition or disease upon a determination that:

(1) The medical condition or disease is debilitating;

(2) The pain, suffering, and disability of the medical condition or disease can reasonably be expected to be relieved by medical cannabis; and

(3) Other medical treatments have been ineffective in providing relief.

Md. Code Regs. 14.17.04.07

Regulation .07 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.