Alcoholic Beverages and Cannabis (GAB) — Title 36. Medical and Adult-Use Cannabis

an employee or agent of an institution of higher education, a related medical facility, or an affiliated biomedical research firm that filed a registration with the Administration under § 36–701 of this title; and

authorized to purchase medical cannabis for the institution of higher education, related medical facility, or affiliated biomedical research firm.

is suitable for beverage purposes;

contains 5 milligrams or less of tetrahydrocannabinol, as defined in § 36–1102 of this title, per serving;

is contained as a single–serving product;

is lawfully produced by a cannabis licensee; and

complies with:

“Canopy” means the total square footage of space used by a cannabis licensee for the production of flowering cannabis plants.

“Canopy” includes each layer of flowering cannabis plants grown on any rack or shelving.

“Canopy” does not include square footage used for:

“Caregiver” means:

“Caregiver” does not include any designated school personnel authorized to administer medical cannabis to a student in accordance with the guidelines established under § 7–446 of the Education Article.

has a State controlled dangerous substances registration; and

is registered with the Administration to make cannabis available to patients for medical use in accordance with regulations adopted by the Administration.

“Control” means:

“Control” includes:

“Edible cannabis product” means a cannabis product intended for human consumption by oral ingestion, in whole or in part.

“Edible cannabis product” includes a cannabis product that dissolves or disintegrates in the mouth.

“Edible cannabis product” does not include any:

cultivates or packages cannabis; and

is authorized by the Administration to provide cannabis to other cannabis licensees and registered independent testing laboratories.

holds an aggregate ownership interest of less than 5% in a cannabis licensee; and

does not have control of the cannabis licensee.

transforms cannabis into another product or an extract and packages and labels the cannabis product; and

is authorized by the Administration to provide cannabis to cannabis licensees and registered independent testing laboratories.

has been provided with a written certification by a certifying provider in accordance with a bona fide provider–patient relationship; and

if under the age of 18 years, has a caregiver.

“Single–serving product” means an edible cannabis product that:

“Single–serving product” includes a cannabinoid beverage.

has at least 55% ownership and control held by one or more individuals who:

meets any other criteria established by the Administration.

“Social equity licensee” means a social equity applicant who has been awarded a cannabis license or cannabis registration.

“Social equity licensee” includes a grower, processor, or dispensary that:

“Usable cannabis” means the dried leaves and flowers of the cannabis plant.

“Usable cannabis” does not include seedlings, seeds, stems, stalks, or roots of the plant or the weight of any noncannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration.

is issued by a certifying provider to a qualifying patient with whom the provider has a bona fide provider–patient relationship;

includes a written statement certifying that, in the certifying provider’s professional opinion, after having completed an assessment of the patient’s medical history and current medical condition, the patient has a condition:

may include a written statement certifying that, in the certifying provider’s professional opinion, a 30–day supply of medical cannabis would be inadequate to meet the medical needs of the qualifying patient.

There is a Director of the Administration.

The Governor shall appoint the Director of the Administration with the advice and consent of the Senate.

The Director serves at the pleasure of the Governor.

shall be responsible for carrying out the requirements and duties established under this title; and

may recommend changes to improve the administration of this title relating to the regulation of cannabis.

develop and maintain a seed–to–sale tracking system that tracks cannabis from either the seed or immature plant stage until the cannabis is sold to a patient, caregiver, or consumer;

conduct financial and criminal background investigations of any person who submits an application for a cannabis license or a cannabis licensee, as required under this title;

develop a process for consumers and qualifying patients to purchase clones and seeds, seedlings, stalks, roots, and stems of the cannabis plant for cultivation in accordance with § 5–601.2 of the Criminal Law Article;

solicit, evaluate, and issue or deny applications for cannabis licenses and cannabis registrations, including:

award or deny:

conduct announced and unannounced inspections of any business licensed or registered under this title to ensure compliance with this title;

after a determination that a violation of this title or a regulation adopted under this title has occurred, suspend, fine, restrict, or revoke cannabis licenses and cannabis registrations, whether active, expired, or surrendered, or impose any other penalty authorized by this title or any regulation adopted under this title;

adopt regulations necessary to carry out its duties under this title; and

perform any other power authorized or duty required under this title or any other provision of State law.

issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with:

delegate the hearing authority authorized under subsection (a)(8) of this section to an employee within the Administration;

if, after due notice, the person against whom a disciplinary action is contemplated does not appear at a hearing, hear and determine the matter; and

after a hearing under this subsection, fine a cannabis licensee or suspend, restrict, or revoke a cannabis license or a cannabis registration for a violation of:

evaluate the regulations adopted by the Natalie M. LaPrade Medical Cannabis Commission in Title 10, Subtitle 62 of the Code of Maryland Regulations; and

on or before July 1, 2023, adopt emergency regulations to:

be supplemental to the medical cannabis regulations under Title 10, Subtitle 62 of the Code of Maryland Regulations; and

notwithstanding any other law, remain in effect until the taking effect of nonemergency regulations adopted under subsection (c) of this section.

On or before July 1, 2024, the Administration shall adopt nonemergency regulations to carry out this title.

To the extent practicable, the Administration shall adopt regulations requiring cannabis licensees to transition from a cash system and to use traditional banking services.

The Administration shall adopt regulations:

conform to:

provide that packaging and labeling shall include:

subject to subsection (d) of this section, any image that may appeal to children including:

any image that is designed or likely to appeal to minors, including cartoons, toys, animals, children, or any likeness to images, characters, or phrases that are popularly used to advertise to children;

a statement, artwork, or design that could reasonably mislead any individual to believe that the packaging contains anything other than a finished cannabis product; and

any image of a seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any individual to believe that the product has been endorsed, manufactured, or used by any agency of a state or political subdivision.

Subject to paragraph (2) of this subsection, the Administration shall establish and maintain a State cannabis testing laboratory.

developing and maintaining a cannabis laboratory reference library that contains cannabis testing methodologies in the areas of:

establishing standard operating procedures for sample collection, preparation, and analysis of cannabis by independent testing laboratories;

conducting proficiency testing of independent testing laboratories;

remediating problems with independent testing laboratories;

conducting compliance testing on cannabis samples analyzed by independent testing laboratories; and

identifying and detecting the presence and purity of cannabis, alcohol, and tobacco in samples or seized contraband in support of the regulatory authority of the Administration.

the operations of the Administration and the Commission; and

administering and enforcing this title.

the operation of the Administration;

administering and enforcing this title; and

supporting the Social Equity Partnership Grant Program established under § 1–323 of this article.

The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

fees distributed to the Fund under § 36–205 of this subtitle;

revenue distributed to the Fund under § 2–1302.2 of the Tax – General Article;

interest earnings of the Fund; and

any other money from any other source accepted for the benefit of the Fund, in accordance with any conditions adopted by the Commission for the acceptance of donations or gifts to the Fund.

The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

Any interest earnings of the Fund shall be credited to the Fund.

On or before March 15 each year, the Administration shall publish on its website a detailed report on revenue distributed to and expenditures from the Fund.

The report shall also be submitted to the General Assembly in accordance with § 2–1257 of the State Government Article.

meets the requirements of this subtitle; and

submits the required application to the Administration.

the reasons for including a patient under the care of the provider for the purposes of this subtitle, including the patient’s qualifying medical conditions;

an attestation that a standard patient evaluation will be completed, including a history, a physical examination, a review of symptoms, and other relevant medical information; and

the provider’s plan for the ongoing assessment and follow–up care of a patient and for collecting and analyzing data.

a chronic or debilitating disease or medical condition that results in a patient being admitted into hospice or receiving palliative care;

a chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces:

glaucoma; or

post–traumatic stress disorder.

receive any gift from a cannabis licensee;

hold an ownership interest in a cannabis licensee or a business that controls a cannabis licensee; or

receive any compensation from a cannabis licensee.

A certifying provider registration is valid for 2 years.

The Administration shall grant or deny a renewal of a registration based on the provider’s performance in complying with regulations adopted by the Administration.

A qualifying patient who is at least 21 years old may not cultivate more than four cannabis plants.

If two or more qualifying patients who are at least 21 years old reside at the same residence, not more than four cannabis plants may be cultivated at that residence.

Except as provided in paragraphs (1) and (2) of this subsection, a qualifying patient shall comply with the cannabis cultivation requirements established under § 5–601.2 of the Criminal Law Article.

the qualifying patient’s caregiver; or

any designated school personnel authorized to administer medical cannabis to a student in accordance with the guidelines established under § 7–446 of the Education Article.

Except as provided in paragraph (2) of this subsection, a qualifying patient may have not more than two caregivers.

A qualifying patient under the age of 18 years may have not more than four caregivers.

may administer to a student only medical cannabis:

are not required to register with the Administration under this subtitle.

A person must obtain a cannabis license issued by the Administration to operate a cannabis business.

A cannabis license issued under this subtitle:

The Administration shall:

The Administration may:

A standard license authorizes the holder of the license:

A micro license authorizes the holder of the license:

An incubator space license authorizes the holder of the license to operate a facility within which a micro licensee may operate in accordance with § 36–406 of this subtitle.

An on–site consumption license authorizes the holder of the license to operate a facility on the premises of which individuals can smoke outdoors, vape, or consume cannabis in accordance with § 36–407 of this subtitle.

for standard licenses:

for micro licenses:

for incubator space licenses, 10 licenses; and

for on–site consumption licenses, 50 licenses.

This subsection applies to all licenses, including licenses converted under subsection (b)(1)(ii) of this section.

Subject to paragraph (3) of this subsection, a person may have an ownership interest in or control of, including the power to manage and operate:

The restrictions in paragraph (2) of this subsection do not apply to a person or an entity who holds an ownership interest only as a passive investor.

The holder of a cannabis license may not surrender the license and apply for a new license in the same or a similar category.

The limitation under paragraph (1) of this subsection applies to:

is not property and does not confer property rights; and

is subject to:

On and after July 1, 2023, the holder of a license issued by the Natalie M. LaPrade Medical Cannabis Commission who does not convert the license:

The purchaser of a license sold by a license holder who does not convert a license under paragraph (1) of this subsection is responsible for paying the one–time conversion fee under § 36–403 of this subtitle.

If the license of a cannabis licensee is converted by the Administration under § 36–401(b)(1)(ii) of this subtitle, the cannabis licensee shall:

The maximum amount of canopy for an operational business that holds a license issued before October 1, 2022, shall be calculated based on the maximum canopy of the licensee as self–reported by the licensee and recorded by the Natalie M. LaPrade Medical Cannabis Commission on or before December 1, 2022.

On or before July 1, 2024, the Administration shall adopt minimum standards for licensed growers to protect the rights of the growers and employees concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment.

The standards shall, at a minimum, protect the State’s interests by prohibiting a labor organization from engaging in picketing, work stoppages, boycotts, or any other economic interference with the operation of the licensed grower.

As a condition of licensure, the licensed grower shall:

This subsection applies only to a business that holds a cannabis license and was physically and actively engaged in the cultivation or processing of medical cannabis before October 1, 2022.

If a business holds a grower and processor license, the fee shall be based on total gross revenue from both license types.

This subsection applies only to a business that:

Subject to subsection (e) of this section, a grower or processor shall pay a one–time conversion fee of $50,000.

Subject to subsection (e) of this section, a dispensary shall pay a one–time conversion fee of $25,000.

This subsection applies only to an applicant applying for a cannabis license under § 36–404 of this subtitle.

An applicant for a standard license, an incubator space license, or an on–site consumption license shall pay an application fee of $5,000.

An applicant for a micro license shall pay an application fee of $1,000.

Subject to paragraphs (2) and (3) of this subsection, the Administration shall establish licensing and renewal fees for all cannabis licenses.

Except as provided in paragraph (3) of this subsection, the licensing and renewal fees established under paragraph (1) of this subsection for standard cannabis licensees may not exceed:

The Administration shall reduce licensing and renewal fees by at least 50% for social equity licenses, micro licenses, incubator space licenses, and on–site consumption licenses.

The one–time conversion fees under this section:

The amount of any licensing or renewal fee paid by a business for fiscal year 2023 to the Natalie M. LaPrade Medical Cannabis Commission shall be credited against the one–time conversion fee assessed under this section.

On or before January 1, 2024, the Administration shall begin issuing first round licenses in accordance with subsection (d) of this section.

On or after May 1, 2024, the Administration shall begin issuing second round licenses in accordance with subsection (e) or (f) of this section.

Subject to paragraphs (1) and (2) of this subsection, the Administration may issue licenses in accordance with subsection (g) of this section.

The Administration shall:

The Administration may suspend, fine, restrict, or revoke a cannabis license if it is determined that a cannabis licensee has not complied with statements in the application, including statements about standards of operation or employment practices related to diversity, equity, and inclusion.

The Administration may not:

The Administration may adopt regulations concerning the equity and fairness of the pool of applicants throughout the application process.

an application fee in accordance with § 36–403 of this subtitle; and

an application developed by the Administration under this title.

For the first round, subject to paragraphs (2) and (3) of this subsection, the Administration shall enter each social equity applicant that meets the minimum qualifications established by the Administration into a lottery and issue to social equity applicants not more than:

The Administration shall determine whether an application meets the minimum qualifications for the lottery on a pass–fail basis, as determined by the Administration, after evaluating:

Subject to paragraph (2) of this subsection, if the Administration, in consultation with the certification agency designated by the Board of Public Works under § 14–303(b) of the State Finance and Procurement Article, the Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, and the Office of the Attorney General, determines that a disparity study demonstrates a strong basis in evidence of business discrimination against firms owned by minorities and women in the Maryland cannabis market, the Administration shall issue a second round of licenses, applying minimum licensing qualifications and employing remedial measures consistent with constitutional requirements, for not more than:

If the Administration, in consultation with the certification agency designated by the Board of Public Works under § 14–303(b) of the State Finance and Procurement Article, the Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, and the Office of the Attorney General, determines that a lottery system employing remedial measures established in accordance with a disparity study can be conducted consistent with constitutional requirements, the Administration shall award licenses under paragraph (1) of this subsection through a lottery process that employs remedial measures.

Subject to paragraphs (2) and (3) of this subsection, if the Administration, in consultation with the certification agency designated by the Board of Public Works under § 14–303(b) of the State Finance and Procurement Article, the Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, and the Office of the Attorney General, determines that a disparity study does not demonstrate a strong basis in evidence of business discrimination against firms owned by minorities and women in the Maryland cannabis market, the Administration shall enter each applicant that meets the minimum qualifications established by the Administration into a lottery and issue to the applicants not more than:

The Administration shall determine whether an application meets the minimum qualifications for a lottery based on a pass–fail basis, as determined by the Administration, after evaluating:

For cannabis license awards subsequent to the round specified under subsection (f) or (g) of this section, the Administration shall award licenses in accordance with this subsection.

The Administration shall award licenses as needed in accordance with a market demand study.

The Administration may:

The findings and evidence relied on by the General Assembly for the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of the State Finance and Procurement Article are incorporated in this subsection.

To the extent practicable and authorized by the U.S. Constitution, a cannabis licensee shall comply with the State’s Minority Business Enterprise Program.

The Administration, in consultation with the certification agency designated by the Board of Public Works under § 14–303(b) of the State Finance and Procurement Article, the Office of Small, Minority, and Women Business Affairs, the General Assembly, and the Office of the Attorney General, shall review the disparity study required by Chapter 26 of the Acts of 2022, and any future disparity studies or related analyses, to evaluate whether application of the State’s Minority Business Enterprise Program to cannabis licenses would comply with the City of Richmond v. J.A. Croson Co., 488 U.S. 469, and any subsequent federal or constitutional requirements.

On or before 6 months after the issuance of a cannabis license under § 36–401 of this subtitle, the Office of Small, Minority, and Women Business Affairs, in consultation with the Office of the Attorney General and the Office of Social Equity within the Administration and the cannabis licensee, shall establish a clear plan for setting reasonable and appropriate minority business enterprise participation goals and procedures for the procurement of goods and services related to cannabis, including the cultivation, manufacturing, and dispensing of cannabis.

To the extent practicable, the goals and procedures specified in paragraph (4) of this subsection shall be based on the requirements of Title 14, Subtitle 3 of the State Finance and Procurement Article and the regulations implementing that subtitle.

On and after July 1, 2031, the provisions of this subsection and any regulations adopted in accordance with this subsection shall be of no effect and may not be enforced.

establish reasonable zoning requirements for cannabis businesses; and

decide how to distribute its allocation of revenue under § 2–1302.2 of the Tax – General Article.

establish zoning or other requirements that unduly burden a cannabis licensee;

impose licensing, operating, or other fees or requirements on a cannabis licensee that are disproportionately greater or more burdensome than those imposed on other businesses with a similar impact on the area where the cannabis licensee is located;

prohibit transportation through or deliveries within the political subdivision by cannabis businesses located in other political subdivisions;

prevent an entity whose license may be converted under § 36–401(b)(1)(ii) of this subtitle and that is in compliance with all relevant medical cannabis regulations from being granted the license conversion; or

negotiate or enter into an agreement with a cannabis licensee or an applicant for a cannabis license requiring that the cannabis licensee or applicant provide money, donations, in–kind contributions, services, or anything of value to the political subdivision.

the facility was properly zoned and operating on or before January 1, 2023; or

the cannabis licensee:

A person shall obtain an on–site consumption license from the Administration before operating a premises where cannabis may be consumed.

The Administration may issue on–site consumption licenses authorizing an entity to operate a licensed premises in which cannabis or cannabis products may be consumed, but not smoked indoors, in accordance with this title and any regulations adopted under this title.

An on–site consumption establishment may operate only if the political subdivision where the business is located has issued a permit or license that expressly allows the operation of the on–site consumption establishment.

prohibit the operation of on–site consumption establishments;

prohibit or restrict the smoking or vaping of cannabis at on–site consumption establishments;

adopt zoning and planning requirements for on–site consumption establishments; or

establish hours of operation for on–site consumption establishments.

An on–site consumption license authorizes an entity, for the purposes of on–site consumption, to:

An on–site consumption license does not authorize the holder of the license to cultivate cannabis.

Subject to paragraph (2) of this subsection, an on–site consumption establishment may also operate as a food service facility, as defined in § 21–301 of the Health – General Article.

Before operating as a food service facility, the on–site consumption establishment shall obtain from the political subdivision in which the on–site consumption establishment is located all necessary approvals for operating a food service facility, including:

manufacturing standards established under § 36–203 of this title;

laboratory testing standards established under § 36–203 of this title; and

packaging and labeling standards established under §§ 36–203 and 36–203.1 of this title.

maintain a list of all on–site consumption establishments in the State; and

make the list available on its website.

allow on–duty employees of the business to consume cannabis on the licensed premises;

distribute or allow the distribution of free samples of cannabis on the licensed premises;

allow the consumption of alcohol on the licensed premises;

allow the smoking or vaping of tobacco or tobacco products on the licensed premises;

allow an activity on the licensed premises that would require an additional license under this title, including growing or dispensing;

allow the indoor smoking of cannabis or cannabis products on the licensed premises;

allow the use or consumption of cannabis by a patron who displays any visible signs of intoxication;

admit onto the licensed premises an individual who is under the age of 21 years;

allow an individual to consume cannabis or cannabis products on the premises if the cannabis or cannabis product was not obtained from the on–site consumption establishment;

allow an individual to remove cannabis or cannabis products from the premises of the establishment; or

sell or distribute cannabis or cannabis products to an individual that are intended as more than a single–serving product.

require all employees to successfully complete a cannabis agent training program authorized under this title:

ensure that the display and consumption of cannabis or cannabis products are not visible from outside of the licensed premises.

An on–site cannabis establishment shall educate consumers by providing informational materials regarding the safe consumption of cannabis.

The educational materials provided under paragraph (1) of this subsection must be based on the requirements established by the Cannabis Public Health Advisory Council established under § 13–4502 of the Health – General Article.

The Administration shall register at least one independent testing laboratory to test cannabis and cannabis products that are to be sold in the State.

The Administration shall hold medical and adult–use cannabis testing to the same standards.

meet the application requirements established by the Administration;

pay an application fee determined by the Administration; and

meet the standards and requirements for accreditation, inspection, and testing established by the Administration.

An independent testing laboratory license is valid for 2 years on initial licensure.

An independent testing laboratory license is valid for 2 years on renewal.

A laboratory agent or an employee of an independent testing laboratory may not receive direct or indirect financial compensation, other than reasonable contractual fees to conduct testing, from any entity for which it is conducting testing under this title.

An individual who possesses an interest in or is a laboratory agent employed by an independent testing laboratory, or an immediate family member of the individual, may not possess an interest in or be employed by a cannabis licensee.

the standards and requirements to be met by an independent testing laboratory to obtain a registration;

the standards of care to be followed by an independent testing laboratory; and

the basis and processes for denial, revocation, and suspension of a registration of an independent testing laboratory.

Any registration to operate an independent testing laboratory issued by the Natalie M. LaPrade Medical Cannabis Commission on or before July 1, 2023, shall be valid under this title and shall authorize an independent testing laboratory to perform testing on medical and adult–use cannabis and cannabis products.

The Administration shall convert all independent testing laboratory registrations in accordance with this subsection.

a transporter;

a security guard agency;

a waste disposal company;

a cannabis nursery; and

any other type of cannabis business that is authorized by the Administration to provide plant or product–touching services to cannabis licensees.

the standards and requirements to be met by an entity to obtain a registration under this subtitle; and

the basis and processes for approval, denial, revocation, and suspension of the cannabis registration.

ensure that it has adequate supply for qualifying patients and caregivers;

set aside operating hours or dedicated service lines to serve only qualifying patients and caregivers; and

as supply becomes available as determined by the Administration, ensure that at least 25% of cannabis and cannabis products in the dispensary are from social equity licensees and growers and processors that do not share common ownership with the dispensary.

500 feet of:

1,000 feet of another dispensary under this title.

Except as provided in paragraph (2) of this subsection, a political subdivision may adopt an ordinance reducing, but not increasing, the distance requirements under subsection (b) of this section.

A political subdivision may by ordinance increase the distance limitation for dispensaries under subsection (b)(2) of this section to not more than one–half mile.

converted under § 36–401(b)(1)(ii) of this subtitle; and

properly zoned and operating before July 1, 2023.

establishing a zoning requirement for a licensed grower cultivating cannabis exclusively outdoors in an area zoned only for agricultural use that is more restrictive than any zoning requirements that existed on June 30, 2023, governing a hemp farm registered under Title 14 of the Agriculture Article in the political subdivision; or

prohibiting outdoor cannabis cultivation on a premises that was properly zoned for outdoor cannabis cultivation on or before June 30, 2023.

by ordinance, establish a distance limitation for dispensaries of up to 100 feet from an area zoned for residential use; or

apply to dispensaries the distance limitation for licensed alcoholic beverage retailers from an area zoned for residential use.

A protest against a license renewal may be filed with the Administration by at least 10 individuals who are:

A protest against a license renewal shall:

Except as provided under paragraph (2) of this subsection, if a protest against a license renewal is filed at least 30 days before the license expires, the Administration may not approve the renewal without holding a hearing.

The Administration may approve a license renewal without a hearing if the Administration finds that the basis of the protest filed against the renewal is without any reasonable ground.

may consider only:

may not consider zoning issues.

Except as provided in paragraph (2) of this subsection, to register as a cannabis agent with the Administration, an individual must:

A cannabis agent who is employed to provide security services for a cannabis licensee or cannabis registrant as a security guard or by a security guard agency, as defined in § 19–101 of the Business Occupations and Professions Article, is not required to obtain a State or national criminal history records check in accordance with § 36–505 of this subtitle if the cannabis agent is authorized to provide security guard services under Title 19, Subtitle 4 of the Business Occupations and Professions Article.

The Administration may not register as a cannabis agent an individual who does not meet the criteria established under subsection (c) of this section.

The Administration may disqualify an individual from registering as a cannabis agent if the individual has been convicted of or pleaded nolo contendere to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

within 90 days of the cannabis agent’s start date as an employee of or volunteer for the cannabis licensee; and

at least once every 2 years.

be valid under this title; and

authorize the cannabis agent to be employed by or volunteer with a licensed cannabis business.

an application that includes the name, address, and date of birth of the applicant;

a statement signed by the applicant asserting that the applicant has not previously had a cannabis license or cannabis registration suspended or revoked;

a State and national criminal history records check in accordance with § 36–505 of this subtitle;

any information required by the Administration to complete an investigation into the background of the applicant, including financial records and other information relating to the business affairs of the applicant; and

an application fee in an amount to be determined by the Administration in accordance with this subtitle.

the applicant:

the Administration finds a substantial reason to deny the registration.

shall submit to the Administration:

must meet the requirements for transfer of ownership or control established by the Administration under this title.

A cannabis licensee, including a cannabis licensee whose license was converted in accordance with § 36–401 of this title, may not transfer ownership or control of the license for a period of at least 5 years following licensure.

The 5–year period specified in paragraph (1) of this subsection does not include the time period that a business is considered by the Administration to be in a preapproved licensure status.

The limitations under this subsection do not apply to:

The limitations under this subsection do not apply to a transfer of ownership that is the subject of a legally binding settlement agreement resulting from litigation commenced on or before January 1, 2023.

In this section, “owner” includes any type of owner or beneficiary of a business entity, including a principal officer, a director, a principal employee, a partner, an investor, or a beneficial owner of the business entity and, notwithstanding any other provision of this subtitle, a person having any ownership interest regardless of the percentage of ownership interest.

“Owner” does not include a stockholder.

be an owner or an employee of a business entity that holds a license or registration under this title; or

have an official relationship with a business entity that holds a license or registration under this title.

be an owner or an employee of a business entity that holds a license or registration under this title; or

have an official relationship with a business entity that holds a license or registration under this title.

be an owner or an employee of a business entity that holds a license or registration under this title; or

have an official relationship with a business entity that holds a license or registration under this title.

have a direct or indirect financial, ownership, or management interest, including ownership of any stocks, bonds, or other similar financial instruments, in any cannabis licensee;

have an official relationship with a person who holds a license or registration under this title;

be an elected official of State or local government;

receive or share in, directly or indirectly, the receipts or proceeds of a cannabis licensee; or

have a beneficial interest in a contract for the manufacture or sale of cannabis or the provision of independent consulting services in connection with a cannabis license.

two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and

the processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

confidential and may not be redisseminated; and

used only for the purpose of registration under this title.

The Administration may issue a temporary cannabis agent registration if:

The period of a temporary cannabis agent registration issued under paragraph (1) of this subsection may not exceed 90 calendar days.

The Administration shall:

The Administration may not impose the fees established under paragraph (1)(ii) of this subsection on a licensed medical cannabis grower, processor, or dispensary before the grower, processor, or dispensary is an operational cannabis licensee under this title.

an assessment of the patient’s medical history and current medical condition; and

medical cannabis from a licensed dispensary.

The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

fees established under subsection (c)(1)(ii) of this section;

fines assessed by the Administration under this title;

money appropriated in the State budget to the Fund;

interest earnings; and

any other money from any other source accepted for the benefit of the Fund.

The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

Any interest earnings of the Fund shall be credited to the Fund.

the General Fund of the State; or

any other special fund of the State.

An institution of higher education, a related medical facility, or an affiliated biomedical research firm may register with the Administration to purchase cannabis for the purpose of conducting a bona fide research project relating to the uses, properties, or composition of cannabis.

A registration filed under paragraph (1) of this subsection shall include:

A registration filed under paragraph (1) of this subsection shall remain valid until there is a change in the research project or a withdrawal of the registration.

test chemical potency and composition levels;

conduct clinical investigations of cannabis–derived medicinal products;

conduct research on the efficacy and safety of administering cannabis as part of medical treatment;

conduct genomic, horticultural, or agricultural research; and

conduct research on cannabis–affiliated products or systems.

an application fee in an amount to be determined by the

an application developed by the Administration.

A research and development registration is valid for an initial term of 2 years.

A research and development registration is valid for 2 years on renewal.

the number of minority and women owners of the cannabis licensee or cannabis registrant;

the ownership interest of any minority and women owners of the cannabis licensee or cannabis registrant;

the number of minority and women employees of the cannabis licensee or cannabis registrant;

a list of the cannabis licensee’s or cannabis registrant’s expenditures for the prior State fiscal year; and

for each expenditure:

shall constitute confidential commercial and financial information and be treated as confidential by the Administration and the State; and

may be used only for the purposes authorized under this section and may only be disclosed to the public in an anonymized or aggregated format.

An advertisement for a cannabis licensee, cannabis product, or cannabis–related service may not:

To determine whether an advertisement or a proposed advertisement meets the audience composition requirements under paragraph (1)(iv) of this subsection, the Administration shall:

An advertisement placed on social media or a mobile application shall include a notification that an individual must be at least 21 years old to view the content.

The provisions of this subtitle applicable to cannabis licensees may not be avoided by hiring or contracting with a third–party, or outsourcing advertisements that do not comply with this subtitle.

be taught in a classroom or virtual setting for at least a 2–hour period;

establish program standards, including certification and recertification requirements, record keeping, testing and assessment protocols, and effectiveness evaluations; and

provide a core curriculum of relevant statutory and regulatory provisions as required by regulations adopted by the Administration, which shall include:

for adult–use cannabis, the consumer is at least 21 years old; or

for medical cannabis, the patient or caregiver is:

The Administration may deny a cannabis license to an applicant, reprimand a cannabis licensee, or suspend or revoke a cannabis license if the applicant or licensee violates subsection (a) of this section two or more times in a 24–month period.

In a hearing for an alleged violation of this section, it is a defense that an agent of the defendant examined the consumer’s, patient’s, or caregiver’s driver’s license or other valid identification issued by a governmental unit that positively identified the consumer, patient, or caregiver as meeting the minimum age specified in subsection (a) of this section.

A cannabis licensee may not:

A cannabis licensee that violates paragraph (1) of this subsection is subject to a fine not exceeding $1,000, suspension or revocation of a license, or both.

In this section the following words have the meanings indicated.

“Hemp” has the meaning stated in § 14–401 of the Agriculture Article.

“Tetrahydrocannabinol” means:

“Tincture” means a solution that is:

A person may not sell or distribute a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is licensed under § 36–401 of this title and the product complies with the:

A person may not sell or distribute a product described under paragraph (1) of this subsection to an individual under the age of 21 years.

Notwithstanding subsection (b) of this section and subject to paragraph (2) of this subsection, it is not a violation of this section for a person to sell or distribute a hemp–derived tincture intended for human consumption that contains: