# COMAR Title 14 — Independent Agencies

## Subtitle 17 — Maryland Cannabis Administration

### Chapter 12 — Cannabis Dispensary Operations

**Authority:** Alcoholic Beverages and Cannabis Article, §§36-202, 36-203, 36-401, and 36-410, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.09 adopted as an emergency provision effective July 1, 2023 (50:14 Md. R. 559); emergency status expired June 30, 2024

**Administrative History:** Regulations .01—.11 adopted as an emergency provision effective June 7, 2024 (51:14 Md. R. 676)

**Administrative History:** Regulations .01—.11 adopted effective July 22, 2024 (51:14 Md. R. 678)

**Administrative History:** Regulation .02M amended effective April 14, 2025 (52:7 Md. R. 324)

**Administrative History:** Regulation .02N amended effective March 16, 2026 (53:5 Md. R. 244)

**Administrative History:** Regulation .02O amended effective March 16, 2026 (53:5 Md. R. 244)

**Administrative History:** Regulation .02P amended effective April 14, 2025 (52:7 Md. R. 324); March 16, 2026 (53:5 Md. R. 244)

**Administrative History:** Regulation .02Q adopted effective April 14, 2025 (52:7 Md. R. 324)

**Administrative History:** Regulation .04E adopted effective April 14, 2025 (52:7 Md. R. 324)

**Administrative History:** Regulation .06B, D amended effective May 26, 2025 (52:10 Md. R. 436)

**Administrative History:** Regulation .10A, B amended effective April 14, 2025 (52:7 Md. R. 324)

**Administrative History:** Regulation .10D adopted effective April 14, 2025 (52:7 Md. R. 324)

#### Regulation .01 Scope.

*COMAR 14.17.12.01*

Unless otherwise specified, this chapter applies to all business licensed to dispense cannabis under COMAR 14.17.06.08 or COMAR 14.17.07.08.

#### Regulation .02 Standard Cannabis Dispensary.

*COMAR 14.17.12.02*

A. A dispensary licensed under COMAR 14.17.06.08 shall:

  (1) Be located in Maryland;

  (2) Conform to all local zoning and planning requirements;

  (3) Conspicuously display valid proof of dispensary licensure; and

  (4) Provide accommodations for qualifying patients and registered caregivers in accordance with COMAR 14.17.04.05.

B. A dispensary may not make modifications or renovations to the standard dispensary premises licensed under COMAR 14.17.06.08 without the prior approval of Maryland Cannabis Administration.

C. The Administration may require a dispensary licensed under this regulation to conspicuously display:

  (1) Minimum purchase age and identification requirements; and

  (2) Other information related to health and safety provided by the Administration.

D. Any display required by the Administration under §C of this regulation shall be in a manner and size determined by the Administration.

E. A dispensary shall restrict access to the licensed premises to only:

  (1) Qualifying patients;

  (2) Registered caregivers; and

  (3) Individuals 21 years old or older.

F. Notwithstanding §E of this regulation, a dispensary may allow children younger than 8 years old to enter the licensed premises if they are accompanied for the duration of their visit by a:

  (1) Qualifying patient; or

  (2) Registered caregiver.

G. A standard dispensary premises shall:

  (1) Be constructed to prevent unauthorized entry; and

  (2) Contain a secure room to store the cannabis inventory, which:

    (a) Shall be constructed of concrete or similar building material that prevents unauthorized entry;

    (b) May not be placed adjacent to an exterior wall of the premises; and

    (c) Shall have only one entrance door that:

      (i) Prevents unauthorized entry;

      (ii) Is equipped with a cipher or chip-activated keyed lock or equivalent; and

      (iii) Is not visible from public areas of the premises.

H. A dispensary shall store its cannabis inventory in the secure room other than while the licensed dispensary is open for business and 2 hours before and 2 hours after.

I. A dispensary may request an exemption to §H of this regulation for the purposes of conducting inventory review. Requests for an exemption shall be:

  (1) Made in a manner prescribed by the Administration; and

  (2) Explicitly authorized by the Administration prior to the exemption.

J. The licensed dispensary shall design and install lighting fixtures to ensure proper surveillance.

K. Security Alarm Systems.

  (1) A dispensary shall maintain a security alarm system that covers all:

    (a) Perimeter entry points and portals at all premises;

    (b) Rooms that hold cannabis;

    (c) Locations where records are stored on-site; and

    (d) Locations where records are stored off-site.

  (2) A security system shall:

    (a) Be continuously monitored;

    (b) Be capable of detecting smoke and fire;

    (c) Be capable of detecting power loss;

    (d) Include panic alarm devices mounted at convenient, readily accessible locations throughout the licensed premises;

    (e) Remain operational until a licensed premises no longer has any cannabis, seeds, or cuttings on the premises; and

    (f) Be equipped with auxiliary power sufficient to maintain operation for at least 48 hours.

L. Video Surveillance Requirements.

  (1) A dispensary shall maintain a motion-activated video surveillance recording system at all premises that:

    (a) Records all activity in images of high quality and high resolution capable of clearly revealing facial detail;

    (b) Operates 24-hours a day, 365 days a year without interruption; and

    (c) Provides a date and time stamp for every recorded frame.

  (2) A dispensary shall post appropriate notices advising visitors of the video surveillance.

  (3) A surveillance camera shall be located and operated to capture each exit from the premises.

  (4) A surveillance camera shall capture activity at each:

    (a) Entrance to an area where cannabis is packaged, stored, or dispensed; and

    (b) Area where cannabis is packaged, stored, or dispensed.

  (5) Recordings of security video surveillance shall be:

    (a) Access-limited;

    (b) Secured by a security alarm system that is independent of the main premises security alarm system;

    (c) In a format that can be easily accessed for investigational purposes; and

    (d) Retained for a minimum of 90 calendar days.

  (6) Any recording of security video surveillance shall be made available to the Administration or law enforcement agency for just cause as requested within 48 hours.

  (7) Violation.

    (a) Failure to provide the Administration with any recording of video surveillance within 48 hours of a request from the Administration is a violation of COMAR 14.17.14.04.

    (b) Each day of recording within the timeframe stated in §L(5)(d) that a dispensary fails to provide to the Administration constitutes a separate violation.

M. Standard Dispensary Premises Organization.

  (1) A dispensary premises shall be divided into a public zone and an operations zone.

  (2) Public Zone.

    (a) The public zone shall have:

      (i) A waiting area open to the general public; and

      (ii) A service area in which an adult-use consumer, qualifying patient, or caregiver may consult with a dispensary agent and receive cannabis.

    (b) The dispensary shall restrict entry into the service area to verified adult-use consumers, qualifying patients, and registered caregivers.

  (3) Operations Zone.

    (a) All operations other than consulting with adult-use consumers, qualifying patients, and registered caregivers and dispensing cannabis shall be carried out in the operations zone.

    (b) The operations zone shall be appropriately divided into separate areas for:

      (i) Cannabis storage;

      (ii) Cannabis preparation and packaging;

      (iii) Use by dispensary agents for breaks; and

      (iv) Changing clothing and dispensary agent lockers.

    (c) Tamper-evident logbooks or electronic identification logs shall document the movement of persons to and from the operations zone.

  (4) Appropriate signage shall clearly delineate the separate zones.

  (5) Doors and other access points between zones shall be secured.

  (6) Security alarms systems and video surveillance, as described in §§K and L of this regulation, shall be used to monitor the separation between zones.

  (7) All cannabis, other than that being displayed, packaged, or dispensed during hours of operation, shall be kept in a secure room that complies with §G(2) of this regulation.

  (8) No individual other than a dispensary agent may handle the inventory in a display case or elsewhere in the dispensary until dispensed.

N. Visitors.

  (1) When a visitor is admitted to the operations zone of the premises, a registered dispensary agent shall:

    (a) Log the visitor in and out;

    (b) Retain with the log a photocopy of the visitor’s government-issued identification;

    (c) Continuously, physically supervise the visitor while they are on the premises; and

    (d) Ensure that the visitor does not touch any cannabis.

  (2) The dispensary shall maintain a log of all visitors to the operations zone for 2 years.

  (3) An Administration investigator is not subject to the visitor requirements in this section.

  (4) A firefighter, a rescue squad member, law enforcement officer, or emergency medical services personnel who is actively responding to a call for emergency services is not subject to §N(1)(a)—(c) of this regulation.

O. Drive-through or Walk-up Dispensing Services.

  (1) A dispensary providing drive-through or walk-up dispensing services shall:

    (a) Dispense through a window or other opening in the exterior wall of a dispensary that enables a registered dispensary agent to serve an adult-use consumer, a qualifying patient, or a registered caregiver without a:

      (i) Registered dispensary agent leaving the dispensary service area; or

      (ii) If applicable, qualifying patient, registered caregiver, or adult-use consumer leaving their vehicle;

    (b) Pass a pre-operation inspection before use;

    (c) Meet all other requirements for a dispensary service area, including:

      (i) The window or opening in the exterior wall shall be constructed to prevent unauthorized entry;

      (ii) Security lighting, alarms systems, and video surveillance, as described in this regulation;

      (iii) Displaying the licensed dispensary’s license and hours of operation at the entrance to the drive-through dispensing zone; and

      (iv) Secured doors and other access points between public and operations zones; and

    (d) Adhere to its standard operating procedures and requirements for dispensing cannabis established in Regulation .04 of this chapter.

    (e) Fulfill pre-orders in compliance with Regulation .08 of this chapter through the drive-through or walk-up dispensing method.

  (2) A dispensary that provides both drive-through and walk-up dispensing services shall designate separate windows or openings for each type of service.

P. To provide curbside pick-up, a standard dispensary shall:

  (1) Designate curbside pick-up parking spots within 100 feet from the dispensary’s entrance and ensure that dispensary agents only deliver cannabis or cannabis products to the designated parking spots;

  (2) Capture the on-site delivery on its motion-activated video surveillance recording system as required in §L of this regulation;

  (3) Fulfill pre-orders in compliance with Regulation .08 of this chapter; and

  (4) Adhere to:

    (a) Its standard operating procedures; and

    (b) Dispensing requirements in Regulation .04 of this chapter.

Q. Cannabis Display. A dispensary may store cannabis in a clear, tamper-evident canister for display purposes, provided the following conditions are met:

  (1) During hours of operation, the canister is:

    (a) Stored out of reach behind the service area counter when not being actively examined by a qualifying patient, registered caregiver, or adult-use consumer; or

    (b) Otherwise stored securely to prevent unauthorized removal of the canister;

  (2) Outside of hours of operation, the canister is stored in the dispensary’s secure room;

  (3) Once the display is no longer in use, the dispensary green wastes the cannabis in accordance with its standard operating procedures;

  (4) Product stored inside the display jars is not easily accessible or removable by qualifying patients, registered caregivers, or adult-use consumers; and

  (5) Cannabis used for display is recorded in accordance with seed-to-sale tracking system procedures.

#### Regulation .03 Micro Dispensary.

*COMAR 14.17.12.03*

A. A micro dispensary may store its inventory in up to three storage facilities:

  (1) That it controls and operates, in accordance with §D of this regulation;

  (2) Controlled and operated by a licensed grower, processor, or incubator space, in accordance with §D of this regulation; or

  (3) Controlled and operated by a licensed standard dispensary, in accordance with Regulation .02 of this chapter.

B. A micro dispensary storing inventory in a storage facility controlled and operated by another licensee shall:

  (1) Ensure each licensee’s cannabis inventory is physically separated and only accessible to the licensee’s agents and owners;

  (2) Have equal, independent, and unique control over access to its cannabis inventory, including the ability to add or remove its badged agents to access any area or container in which their cannabis or cannabis products are stored; and

  (3) Have equal independent and unique access to its video surveillance recordings, which shall be recorded and saved as required by §K of this regulation or COMAR 14.17.12.02L, whichever applies.

C. A micro dispensary shall ensure any cannabis or cannabis product has been transferred within the seed-to-sale tracking system to the control of the micro dispensary as prescribed in COMAR 14.17.09.03 prior to:

  (1) Any delivery of the cannabis or cannabis product;

  (2) Any transportation of the cannabis or cannabis product to a storage facility; and

  (3) Any receipt of cannabis or cannabis product to a storage facility.

D. Except as specified in §A(3) of this regulation, a micro dispensary storage facility shall adhere to the following requirements:

  (1) The storage facility shall:

    (a) Be located in Maryland;

    (b) Maintain relevant and current building codes and standards;

    (c) Be constructed to prevent unauthorized entry;

    (d) In areas where cannabis is stored, provide adequate lighting, ventilation, temperature, humidity, space, and equipment to maintain product quality;

    (e) Be maintained in a clean and orderly condition; and

    (f) Be free from infestation by insects, rodents, birds, and pests of any kind.

  (2) The micro dispensary shall:

    (a) Prohibit access to the storage facility to anyone other than:

      (i) The micro dispensary owner;

      (ii) The micro dispensary agents; and

      (iii) If applicable, the owner and agents of the licensee that controls or operates the storage facility;

    (b) Ensure the storage facility is securely locked and protected from entry, except for the actual time required to remove, replace, or repackage cannabis;

    (c) Design and install lighting fixtures to ensure proper surveillance;

    (d) Maintain a security alarm system that covers all:

      (i) Perimeter entry points and portals at all premises;

      (ii) Rooms that hold cannabis;

      (iii) Locations where records are stored on-site; and

      (iv) Locations where records are stored off-site;

    (e) Ensure that the security system in §C(2)(d) of this regulation shall:

      (i) Be continuously monitored;

      (ii) Be capable of detecting smoke and fire;

      (iii) Be capable of detecting power loss;

      (iv) Include panic alarm devices mounted at convenient, readily accessible locations throughout the licensed premises;

      (v) Remain operational until a licensed premises no longer has any cannabis, seeds, or cuttings on the premises; and

      (vi) Be equipped with auxiliary power sufficient to maintain operation for at least 48 hours;

    (f) Maintain a motion-activated video surveillance recording system that:

      (i) Records all activity in images of high quality and high resolution capable of clearly revealing facial detail;

      (ii) Operates 24-hours a day, 365 days a year without interruption;

      (iii) Provides a date and time stamp for every recorded frame;

      (iv) Shall capture activity at each area and entrance to an area where cannabis is packaged, stored, or prepared for transport; and

    (g) Keep all locks and security equipment, including video surveillance and alarm systems, in good working order.

E. Delivery Operations.

  (1) A micro dispensary shall verify that the individual placing the order is a consumer who is at least 21 years old, a qualifying patient, or a registered caregiver prior to order placement, using an ordering system that complies with Regulation .08 of this chapter.

  (2) A micro dispensary shall only travel:

    (a) Between licensees, registrants, or from one delivery address to another delivery address; and

    (b) In Maryland.

  (3) A micro dispensary shall only make deliveries to residences as defined in COMAR 14.17.01 and medical facilities in the authorized service area.

  (4) Agents conducting deliveries shall have on their person:

    (a) Their current, active driver’s license; and

    (b) Administration-issued proof of the micro dispensary’s licensure and their own registration.

  (5) While in transit, delivery agents may not wear any clothing or symbols that may indicate ownership or possession of cannabis.

  (6) Each secure cannabis transport vehicle shall be operated by at least one registered agent.

  (7) Only registered agents may occupy the delivery vehicle while the vehicle contains cannabis or cannabis products.

  (8) All cannabis shall be transported in one or more locked and secure storage containers which may not be accessible while in transit.

  (9) A micro dispensary agent shall transport cannabis or cannabis products in an enclosed vehicle that:

    (a) Has and displays a current vehicle registration;

    (b) Is insured as required by law;

    (c) Is equipped with:

      (i) A global positioning system (GPS) that enables the micro dispensary to monitor the vehicle’s location for the entirety of its delivery routes;

      (ii) Locked and secure storage containers anchored to the inside of the vehicle; and

      (iii) A motion-activated video-surveillance system that captures activity around all storage containers that contain cannabis or cannabis products;

    (d) Conceals storage containers so they are not visible or identifiable from outside of the vehicle; and

    (e) Does not display any sign or illustration related to cannabis, cannabis products, or a cannabis licensee.

F. A micro dispensary shall:

  (1) Timely and accurately track its stock of cannabis in the seed-to-sale tracking system from the time it is acquired by the micro dispensary to the time it is delivered and dispensed to a qualifying patient, registered caregiver, or adult-use consumer;

  (2) Ensure that all cannabis other than that being packaged or dispensed during hours of operation is kept in the storage facility;

  (3) Follow its standard operating procedure for examining at specified regular interval the GPS records of all delivery vehicles, including stops made along the delivery route.

  (4) When purchasing cannabis from another licensee, coordinate with the licensee to create an electronic manifest to record the chain of custody for each cannabis shipment in accordance with COMAR 14.17.09.03E and F.

G. A micro dispensary licensed to dispense cannabis under COMAR 14.17.07.07 may not:

  (1) Transport cannabis or cannabis products not associated with an active invoice, order, or product manifest;

  (2) Transport cannabis or cannabis products in any vehicle noncompliant with §D(10) of this regulation;

  (3) Dispense cannabis or cannabis products without a prior order submitted to the licensed business;

  (4) Dispense cannabis or cannabis products from the storage facility premises; or

  (5) Carry cannabis or cannabis products in the delivery vehicle with a value in excess of $5,000 at any time.

H. For the purposes §G(5) of this regulation, the value of cannabis goods shall be determined using the current retail price of all cannabis or cannabis products carried by or within the delivery vehicle.

I. A micro dispensary owner shall be a registered agent if they work or volunteer in any operational areas of the premises, including delivery vehicles.

J. Global Positioning System (GPS) and Video Surveillance Record Requirements.

  (1) GPS and video surveillance recordings required in this regulation shall be:

    (a) Access-limited;

    (b) In a format that can be easily accessed for investigational purposes;

    (c) Retained for a minimum of 90 calendar days; and

    (d) Made available to the Administration or law enforcement agency for just cause as requested within 48 hours.

  (2) Violation.

    (a) Failure to provide the Administration with any GPS or video surveillance record within 48 hours of a request from the Administration is a violation of COMAR 14.17.14.04.

    (b) Each day of recording within the timeframe stated in §J(1)(c) of this regulation that a micro dispensary fails to provide to the Administration constitutes a separate violation.

K. Visitors.

  (1) When a visitor is admitted to the operations zone of the premises, a registered dispensary agent shall:

    (a) Log the visitor in and out;

    (b) Retain with the log a photocopy of the visitor’s government-issued identification;

    (c) Continuously, physically supervise the visitor while they are on the premises; and

    (d) Ensure that the visitor does not touch any cannabis.

  (2) The dispensary shall maintain a log of all visitors to the operations zone for 2 years.

  (3) An Administration investigator is not subject to the visitor requirements in this section.

  (4) A firefighter, a rescue squad member, or emergency services personnel who is actively responding to a call for emergency services is not subject to §K(1)(a)—(c) of this regulation.

#### Regulation .04 Dispensary Operations.

*COMAR 14.17.12.04*

A. Dispensing Medical Cannabis.

  (1) A dispensary agent shall dispense medical cannabis only from the service area or other area as designated by the Administration in Regulations .02 and .03 of this chapter to a qualifying patient or caregiver who has presented:

    (a) An Administration-issued patient or caregiver identification number; and

    (b) A valid government-issued photo identification.

  (2) Before any distribution of medical cannabis, a dispensary agent shall query the Administration data network using a unique log-in that identifies the registered dispensary agent and verify:

    (a) That the qualifying patient or caregiver is currently registered;

    (b) That a certifying provider issued a valid written certification to the qualifying patient;

    (c) That the amount of medical cannabis that has already been dispensed pursuant to the written certification; and

    (d) Whether a qualifying patient is actively enrolled in the Maryland Medical Assistance Program or in the Veterans Affairs Maryland Health Care System, and therefore, eligible for discounted medical cannabis pursuant to COMAR 14.17.04.06.

  (3) A dispensary agent may provide information on:

    (a) The available types of medical cannabis, cannabis varieties, and medical cannabis finished products;

    (b) Methods by which medical cannabis can be taken; and

    (c) How unused cannabis may be returned for disposal.

  (4) 30-Day Supply.

    (a) A qualifying patient or caregiver may obtain a portion of a 30-day supply at any time once the written certification is presented to a licensed dispensary, provided the portion being sought when added to portions previously obtained does not exceed a 30-day supply.

    (b) The dispensary agent shall enter the weight of usable cannabis or the weight of delta-9-tetrahydrocannabinol (THC) dispensed in the Administration data network.

  (5) A dispensary agent may decline to dispense medical cannabis to a qualifying patient or caregiver if, in the dispensary agent’s professional opinion, the patient or caregiver appears to be currently under the influence of drugs or alcohol.

  (6) A dispensary may not distribute a sample of medical cannabis.

  (7) If not used to purchase medical cannabis within 120 days of issuance, a written certification becomes null and void.

  (8) Any dispensing to a qualified patient or registered caregiver shall be recorded by the dispensary agent as a sale of medical cannabis using the seed-to-sale tracking system.

B. Dispensing Adult-Use Cannabis.

  (1) A dispensary agent shall dispense cannabis only from the service area or other area as designated by the Administration in Regulations .02 and .03 of this chapter to a consumer who has presented a government-issued photo identification card that is valid, unexpired, and contains the consumer’s birth date.

  (2) A government-issued identification card under §B(1) of this regulation includes:

    (a) State driver’s license;

    (b) U.S. passport;

    (c) U.S. passport card;

    (d) Non-driver’s state photo ID card;

    (e) Foreign passport;

    (f) U.S. military ID card; and

    (g) Tribal card.

  (3) A government-issued photo identification card does not include a student identification card issued by a public institution or university.

  (4) Before any distribution of cannabis, a dispensary agent shall log in to the Administration data network using a unique log-in that identifies the dispensary agent.

  (5) At the point of sale, a dispensary agent shall verify that the consumer is 21 years old or older using the consumer’s government-issued photo identification.

  (6) A dispensary agent may provide information on:

    (a) The available types of cannabis, cannabis varieties, and cannabis finished products;

    (b) Methods of cannabis administration; and

    (c) How to return unused cannabis for disposal.

  (7) Sales Limits.

    (a) A dispensary agent may not knowingly dispense to an individual an amount of cannabis or cannabis products greater than the personal use amount under Criminal Law Article, §5-101, Annotated Code of Maryland, in a single day.

    (b) For the purposes of calculating the personal use amount of cannabis that can be dispensed, an individual may not purchase more than:

      (i) 1.5 ounces of usable cannabis products as defined in COMAR 14.17.01;

      (ii) 12 grams of concentrated cannabis products; or

      (iii) Edible cannabis products, capsules, and tinctures that do not exceed 750 milligrams of tetrahydrocannabinol.

    (c) For the purpose of determining sales limits under this subsection, cannabis vaporizing devices shall be weighed and considered as concentrated cannabis products.

  (8) A dispensary agent may decline to dispense cannabis to a consumer if, in the dispensary agent’s professional opinion, the consumer appears to be:

    (a) Currently under the influence of drugs or alcohol;

    (b) Attempting to purchase cannabis products for resale or diversion; or

    (c) Obtaining an amount of cannabis products greater than the personal use amounts under §B(7) of this regulation.

  (9) Consumers purchasing cannabis under this section may purchase:

    (a) Usable cannabis products as specified in COMAR 14.17.13.11;

    (b) Cannabis vaporizing devices as specified in COMAR 14.17.13.08;

    (c) Concentrated cannabis products as specified in COMAR 14.17.13.10;

    (d) Home cultivation products;

    (e) Infused non-edible cannabis products;

    (f) Edible cannabis products under COMAR 14.17.13.05 and capsules, and tinctures under COMAR 14.17.13.06 with up to:

      (i) 10 milligrams of THC per serving; and

      (ii) 100 milligrams of THC per container.

  (10) Consumer Profiles. A dispensary may not:

    (a) Use an adult-use consumer’s personal information, including records of their purchases, to create or maintain a customer profile without the consumer’s express permission; or

    (b) Deny an adult-use consumer the opportunity to purchase adult-use cannabis exclusively on the basis that the customer does not consent to the storage and use of their personal information.

C. Dispensing Controls.

  (1) A dispensary may not sell, transfer, or deliver cannabis or cannabis products unless the licensee verifies by means of a valid driver’s license or other government–issued photo identification containing the bearer’s date of birth, in accordance with Alcoholic Beverages and Cannabis Article, §36-1101(a), Annotated Code of Maryland.

  (2) A dispensary shall use the seed-to-sale tracking system to track its stock of cannabis from the time it is received by the dispensary to the time it is delivered or dispensed to another licensee, a registrant, a qualifying patient, registered caregiver, or adult-use consumer.

  (3) A dispensary may not distribute samples of cannabis or cannabis products to consumers.

  (4) A dispensary agent or owner may not dispense cannabis to themselves.

  (5) If a dispensary offers reduced cost or discount cannabis or cannabis products to an agent, the reduced cost or discount available shall be distributed in accordance with the standard operating procedure.

D. At least monthly, a dispensary shall conduct a physical inventory of its stock of cannabis and compare the physical inventory of stock with the stock reflected in seed-to-sale tracking system.

E. Upon request by a qualifying patient, registered caregiver, or adult-use consumer, a dispensary shall display any labeling information required under COMAR 14.17.18.03 in an easily readable format.

#### Regulation .05 Coordination of Enforcement Efforts Between Maryland Cannabis Administration and the Comptroller of Maryland.

*COMAR 14.17.12.05*

A. The Administration may query the seed-to-sale tracking system and shall, upon request from the Comptroller of Maryland, provide information from the seed-to-sale tracking system to the Comptroller of Maryland to ensure proper compliance, collection, and assessment of the sales and use tax by dispensaries and on-site consumption establishments.

B. If a dispensary fails to pay a tax to the Office of the Comptroller when due under Tax-General Article, Annotated Code of Maryland, the Administration may:

  (1) Levy a fine; and

  (2) Restrict, suspend, or revoke the cannabis license.

#### Regulation .06 Product Reservations and Trade Practices.

*COMAR 14.17.12.06*

A. Products not authorized for adult-use consumers under Regulation .04B of this chapter shall only be sold, distributed, or otherwise dispensed to qualifying patients and caregivers.

B. Subject to §§C and D of this regulation, a dispensary licensed under COMAR 14.17.06.08 or COMAR 14.17.07.07 shall ensure at least 25 percent of product available for retail sales are products grown, manufactured, extracted, or otherwise produced by:

  (1) Licensees that have no common ownership interest or control with the dispensary licensee; and

  (2) Social equity licensees as defined in COMAR 14.17.01.

C. In fulfilling the requirement in §B of this regulation, a dispensary shall prioritize social equity licensees.

D. Social equity dispensary licensees shall ensure at least 25 percent of product available for retail sales are products grown, manufactured, extracted, or otherwise produced by licensees that have no common ownership interest or control with the dispensary licensee.

E. The Administration may query the seed-to-sale tracking system to ensure compliance with this regulation.

F. If a dispensary is found in violation of this regulation, the Administration may:

  (1) Issue a fine; and

  (2) Restrict, suspend, or revoke the license.

#### Regulation .07 Product Returned for Destruction and Disposal of Green Waste.

*COMAR 14.17.12.07*

A. Product Returned for Destruction. A dispensary shall:

  (1) Accept and record the return of any cannabis from an adult-use consumer, qualifying patient, or a registered caregiver; and

  (2) Destroy the returned cannabis.

B. Disposal of Green Waste. A dispensary may either:

  (1) Ship any cannabis that is surplus or out of date or that is waste from processing or repackaging to a licensed grower for disposal; or

  (2) Dispose of such material in accordance with the dispensary’s approved waste disposal plan.

#### Regulation .08 Online, Telephone, or Other Remote Ordering.

*COMAR 14.17.12.08*

A. A dispensary may use an online, telephone or other remote order system to place pre-orders for:

  (1) Pick-up at a standard dispensary; and

  (2) Delivery by a micro dispensary.

B. To fulfill an order, a dispensary shall comply with dispensing requirements in Regulation .04 of this chapter.

C. An ordering system for cannabis or cannabis products shall:

  (1) Prior to order placement, validate the individual is 21 years old or older, a qualifying patient, or a registered caregiver by:

    (a) Employing a neutral age screen to verify the individual is 21 years old or older or an alternative screening mechanism to verify the individual is a qualifying patient, or a registered caregiver; or

    (b) Using another method to validate that the individual is 21 years old or older, a qualifying patient, or a registered caregiver;

  (2) Include a notice that a valid, government-issued photo identification card as set forth in Regulation .04B(2) of this chapter is required to receive the order of cannabis or cannabis products; and

  (3) Collect the name and date of birth of the individual submitting the order.

D. Until the consumer, qualifying patient, or registered caregiver presents valid identification as set forth in Regulation .04A(1) or B(2) of this chapter, whichever applies, and the dispensary agent confirms that the identification card displays a name and date of birth that matches the information collected in §C(3) of this regulation, a dispensary may not:

  (1) Dispense cannabis products; or

  (2) Collect payment.

E. A dispensary may not sell or otherwise transfer any cannabis or cannabis products to a consumer through an unlicensed third party, intermediary business, broker, or any other business or entity.

F. Effective July 1, 2025, only a micro dispensary may deliver cannabis to qualifying patients, registered caregivers, or adult-use consumers in accordance with Regulation .03 of this chapter.

#### Regulation .09 Hours of Operations.

*COMAR 14.17.12.09*

A. A dispensary may not conduct sales before 8 a.m. or past 11 p.m.

B. A dispensary shall display its hours of operation at the main entrance to the premises.

#### Regulation .10 Discrepancy, Theft, or Diversion.

*COMAR 14.17.12.10*

A. Discrepancy Reporting.

  (1) If a dispensary discerns a discrepancy between the inventory of stock and the seed-to-sale tracking system of greater than 0.5 percent of total product weight or items, the dispensary shall:

    (a) Commence an investigation of the discrepancy within 1 business day; and

    (b) If the dispensary cannot resolve the discrepancy within 30 business days, report the discrepancy to MCA.

  (2) Failure to report an unresolved discrepancy may be used as evidence of diversion.

B. Theft or Diversion. If the dispensary finds evidence of a theft or diversion, the dispensary shall report the theft or diversion to the Administration within 1 business day.

C. Within 30 business days of discovering the theft, diversion, or unresolved discrepancy, the dispensary shall:

  (1) Complete an investigation;

  (2) Amend its standard operating procedures, if necessary; and

  (3) Send a report of the investigation to the Administration.

D. A dispensary shall use the seed-to-sale tracking system for explanation and reporting of discrepancies less than 0.5 percent.

#### Regulation .11 Standard Operating Procedures.

*COMAR 14.17.12.11*

A. A dispensary shall establish standard operating procedures in accordance with this subtitle for all aspects of:

  (1) Inventory control, including:

    (a) Tracking the dispensary’s stock of cannabis in the seed-to-sale tracking system from the time it is received by the dispensary to the time it is delivered or dispensed to another licensee, a registrant, a qualifying patient, a registered caregiver, or an adult-use consumer; and

    (b) Monthly physical inventory;

  (2) Receiving cannabis or products containing cannabis;

  (3) Receipt, storage, and distribution of edible cannabis products;

  (4) Safe and sanitary storage of cannabis;

  (5) Equipment cleaning, maintenance, calibration;

  (6) Handling, packaging, and labeling cannabis and cannabis products;

  (7) Green waste procedures;

  (8) Security and visitor procedures, including theft and diversion prevention;

  (9) Storage, handling, and disposing of recalled materials;

  (10) Dispensing cannabis and cannabis products to qualifying patients, registered caregivers, and adult-use consumers; and

  (11) If applicable:

    (a) Delivering cannabis to a qualifying patient, a registered caregiver, or an adult-use consumer;

    (b) Repackaging cannabis into usable cannabis products;

    (c) Providing reduced cost or discount cannabis or cannabis products to its agents;

    (d) Drive-through or walk-up window dispensing;

    (e) Curbside dispensing; and

    (f) Examining at a specified regular interval GPS records of all delivery vehicles, including stops made along the delivery route.

B. A dispensary’s standard operating procedures shall:

  (1) Be available to each agent in a form the agent understands;

  (2) Be available on-site for inspection by the Administration; and

  (3) Accurately reflect the procedures used at the premises.
