A cannabis agent must be registered with the Administration before the agent may volunteer or work for a cannabis licensee or cannabis registrant. A cannabis agent registration is valid for 2 years. Except as provided in paragraph (2) of this subsection, to register as a cannabis agent with the Administration, an individual must: be at least 21 years old; and if the records are legally accessible, obtain a State and national criminal history records check in accordance with § 36–505 of this subtitle. 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. The Administration may not deny a cannabis agent registration based on any cannabis–related offenses occurring before July 1, 2023. A cannabis licensee shall require each registered cannabis agent to complete a cannabis agent training program authorized under this title: 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. A registration of a cannabis agent issued by the Natalie M. LaPrade Medical Cannabis Commission on or before July 1, 2023, shall: be valid under this title; and authorize the cannabis agent to be employed by or volunteer with a licensed cannabis business.

A person wishing to hold an ownership interest of 5% or greater in, or control of, a cannabis licensee shall submit to the Administration: 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 Administration may deny an application if: the applicant: fails to submit the information required under subsection (a) of this section; or 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; or the Administration finds a substantial reason to deny the registration.

A cannabis license granted under this title is not transferable except as provided in this section. To transfer ownership or control of a license issued under this title, a licensee: shall submit to the Administration: an application fee in an amount to be determined by the Administration in accordance with this subtitle; and an application developed by the Administration; and 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: transfers as a result of the disability, incapacity, or death of the owner of a cannabis license, bankruptcy or receivership in accordance with a lending agreement of a cannabis licensee, or court order; or the sale of a cannabis licensee to the licensee’s employees through an employee stock ownership plan as defined in § 407(d)(6)(A) of the Employee Retirement Income Security Act of 1974. 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. The provisions in this section are in addition to the conflict of interest provisions in Title 5 of the General Provisions Article. Except as provided in subsection (d) of this section, a constitutional officer or a secretary of a principal department of the Executive Branch of the State government may not: 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. Subject to the provisions of Title 5 of the General Provisions Article, a constitutional officer or a secretary of a principal department of the Executive Branch of the State government may remain an owner or an employee of a business entity that holds a license under this title if the constitutional officer or secretary was an owner or employee of the business entity before the constitutional officer’s election or appointment or the secretary’s appointment. A member of the General Assembly may not: 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. A former member of the General Assembly, for the 1–year period immediately after the member leaves office, may not: 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. An employee of the Administration may not: 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.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services. As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: 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. In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Administration and to the applicant the applicant’s criminal history record information. If an applicant has made two or more unsuccessful attempts at securing legible fingerprints, the Administration may accept an alternate method of a criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation. Information obtained from the Central Repository under this section shall be: 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: a pre–employment background check completed by a third–party vendor is submitted to and approved by the Administration; and the applicant has submitted an application to the Central Repository, as required in subsection (b) of this section. The period of a temporary cannabis agent registration issued under paragraph (1) of this subsection may not exceed 90 calendar days. The subject of a criminal history records check under this section may contest the criminal history record information disseminated by the Central Repository, as provided in § 10–223 of the Criminal Procedure Article.