EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0833*
SENATE BILL 833
E1, E2, J1 CONSTITUTIONAL AMENDMENT 2lr3156
By: Senator Feldman
Introduced and read first time: February 7, 2022
Assigned to: Finance and Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Cannabis – Legalization and Regulation 2
FOR the purpose of establishing that, on or after a certain date, an individual in the State 3
who is at least a certain age may use and possess cannabis; altering certain 4
provisions relating to penalties, charging procedures, expungement, and sentencing 5
for certain offenses involving cannabis; establishing a system for the regulation and 6
taxation of the market for the production and sale of cannabis in the State; providing 7
for the retroactive application of certain provisions of this Act; and generally relating 8
to cannabis. 9
BY proposing an addition to the Maryland Constitution 10
New Article XX – Cannabis 11
Section 1 12
BY repealing and reenacting, without amendments, 13
Article – Criminal Law 14
Section 5–101(a) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Criminal Law 19
Section 5–101(e–1) and (t), 5–601.2, 5–601.3, and 5–629 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Criminal Law 24
Section 5–101(p), (s), and (t), 5–601(a), (c), and (d), 5–601.1, 5–612, 5–614, 5–619(c), 25
5–620, 10–113, 10–116, and 10–117 26
Annotated Code of Maryland 27 2 SENATE BILL 833
(2021 Replacement Volume and 2021 Supplement) 1
BY repealing 2
Article – Criminal Law 3
Section 5–101(r) 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2021 Supplement) 6
BY adding to 7
Article – Criminal Procedure 8
Section 10–105.3 and 10–105.4 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
BY adding to 12
Article – Health – General 13
Section 23–101 through 23–702 to be under the new title “Title 23. Cannabis” 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – State Finance and Procurement 18
Section 6–226(a)(2)(i) 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
BY repealing and reenacting, with amendments, 22
Article – State Finance and Procurement 23
Section 6–226(a)(2)(ii)144. and 145. 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
BY adding to 27
Article – State Finance and Procurement 28
Section 6–226(a)(2)(ii)146. through 149. 29
Annotated Code of Maryland 30
(2021 Replacement Volume) 31
BY adding to 32
Article – Tax – General 33
Section 12.5–101 through 12.5–104 to be under the new title “Title 12.5. Cannabis 34
Tax” 35
Annotated Code of Maryland 36
(2016 Replacement Volume and 2021 Supplement) 37
BY repealing and reenacting, with amendments, 38
Article – Transportation 39 SENATE BILL 833 3
Section 21–902(a) 1
Annotated Code of Maryland 2
(2020 Replacement Volume and 2021 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 5
proposed that the Maryland Constitution read as follows: 6
ARTICLE XX – CANNABIS 7
1. 8
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR AFTER JULY 1, 9
2023, AN INDIVIDUAL IN THE STATE WHO IS AT LEAST 21 YEARS OLD MAY USE AN D 10
POSSESS CANNABIS . 11
(B) THE GENERAL ASSEMBLY SHALL , BY LAW, PROVIDE FOR THE USE , 12
DISTRIBUTION, POSSESSION, REGULATION , AND TAXATION OF CANN ABIS WITHIN 13
THE STATE. 14
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
as follows: 16
Article – Criminal Law 17
5–101. 18
(a) In this title the following words have the meanings indicated. 19
(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 20
PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 21
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, WHETHER GROWING OR N OT, WITH 22
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 23
DRY WEIGHT BASIS . 24
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 25
OF THE AGRICULTURE ARTICLE. 26
(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 27
used, intended for use, or designed for use, in: 28
(i) planting, propagating, cultivating, growing, harvesting, 29
manufacturing, compounding, converting, producing, processing, preparing, packaging, 30
repackaging, storing, containing, or concealing a controlled dangerous substance in 31
violation of this title; or 32 4 SENATE BILL 833
(ii) injecting, ingesting, inhaling, or otherwise introducing into the 1
human body a controlled dangerous substance in violation of this title. 2
(2) “Drug paraphernalia” includes: 3
(i) a kit used, intended for use, or designed for use in planting, 4
propagating, cultivating, growing, or harvesting any species of plant that is a controlled 5
dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 6
substance can be derived; 7
(ii) a kit used, intended for use, or designed for use in 8
manufacturing, compounding, converting, producing, processing, or preparing a controlled 9
dangerous substance OTHER THAN CANNABIS ; 10
(iii) an isomerization device used, intended for use, or designed for 11
use in increasing the potency of any species of plant that is a controlled dangerous 12
substance OTHER THAN CANNABIS ; 13
(iv) testing equipment used, intended for use, or designed for use in 14
analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 15
THAN CANNABIS ; 16
(v) a scale or balance used, intended for use, or designed for use in 17
weighing or measuring a controlled dangerous substance OTHER THAN CA NNABIS; 18
(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 19
mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 20
controlled dangerous substance OTHER THAN CANNABIS ; 21
(vii) a separation gin or sifter used, intended for use, or designed for 22
use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 23
CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 24
(viii) a blender, bowl, container, spoon, or mixing device used, 25
intended for use, or designed for use in compounding a controlled dangerous substance 26
OTHER THAN CANNABIS ; 27
(ix) a capsule, balloon, envelope, or other container used, intended 28
for use, or designed for use in packaging small quantities of a controlled dangerous 29
substance OTHER THAN CANNABIS ; 30
(x) a container or other object used, intended for use, or designed for 31
use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 32
(xi) a hypodermic syringe, needle, or other object used, intended for 33 SENATE BILL 833 5
use, or designed for use in parenterally injecting a controlled dangerous substance into the 1
human body; and 2
(xii) an object used, intended for use, or designed for use in ingesting, 3
inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 4
human body [such as: 5
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 6
pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 7
2. a water pipe; 8
3. a carburetion tube or device; 9
4. a smoking or carburetion mask; 10
5. an object known as a roach clip used to hold burning 11
material, such as a marijuana cigarette that has become too small or too short to be held in 12
the hand; 13
6. a miniature spoon used for cocaine and cocaine vials; 14
7. a chamber pipe; 15
8. a carburetor pipe; 16
9. an electric pipe; 17
10. an air–driven pipe; 18
11. a chillum; 19
12. a bong; and 20
13. an ice pipe or chiller]. 21
(3) “DRUG PARAPHERNALIA ” DOES NOT I NCLUDE CANNABIS 22
ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 23
[(r) (1) “Marijuana” means: 24
(i) all parts of any plant of the genus Cannabis, whether or not the 25
plant is growing; 26
(ii) the seeds of the plant; 27
6 SENATE BILL 833
(iii) the resin extracted from the plant; and 1
(iv) each compound, manufactured product, salt, derivative, mixture, 2
or preparation of the plant, its seeds, or its resin. 3
(2) “Marijuana” does not include: 4
(i) the mature stalks of the plant; 5
(ii) fiber produced from the mature stalks; 6
(iii) oil or cake made from the seeds of the plant; 7
(iv) except for resin, any other compound, manufactured product, 8
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 9
(v) the sterilized seed of the plant that is incapable of germination; 10
or 11
(vi) hemp as defined in § 14–101 of the Agriculture Article.] 12
[(s)] (R) (1) “Narcotic drug” means a substance: 13
(i) that has been found to present an extreme danger to the health 14
and welfare of the community because of addiction–forming and addiction–sustaining 15
qualities; 16
(ii) that is: 17
1. an opiate; 18
2. a compound, manufactured substance, salt, derivative, or 19
preparation of opium, coca leaf, or an opiate; or 20
3. a substance and any compound, manufactured substance, 21
salt, derivative, or preparation that is chemically identical with a substance listed in items 22
1 and 2 of this item; and 23
(iii) that is produced: 24
1. directly or indirectly by extraction from substances of 25
vegetable origin; 26
2. independently by chemical synthesis; or 27
3. by a combination of extraction and chemical synthesis. 28
SENATE BILL 833 7
(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 1
that does not contain cocaine or ecgonine. 2
[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 3
controlled dangerous substance under Subtitle 4 of this title. 4
(T) “PERSONAL USE AMOUNT ” MEANS: 5
(1) (I) AN AMOUNT OF CANNABI S THAT DOES NOT EXCE ED 2 6
OUNCES; 7
(II) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 8
EXCEED 15 GRAMS; 9
(III) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 10
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 1,500 MILLIGRAMS; 11
OR 12
(IV) FOUR OR FEWER CANNABIS PL ANTS; OR 13
(2) ANY ADDITIONAL CANNABIS PRODUCED BY A PERSON ’S CANNABIS 14
PLANT OR PLANTS , IF THE AMOUNT OF CAN NABIS IN EXCESS OF T HE AMOUNT LISTED 15
IN ITEM (1)(I), (II), OR (III) OF THIS SUBSECTION I S PROCESSED IN A LOC ATION: 16
(I) WHERE THE PLANT OR P LANTS WERE CULTIVATE D; AND 17
(II) THAT IS SECURE FROM UNAUTHORIZED ACCESS AND 18
ACCESS BY A PERSON W HO IS UNDER THE AGE OF 21 YEARS. 19
5–601. 20
(a) Except as otherwise provided in this title, a person may not: 21
(1) possess or administer to another a controlled dangerous substance, 22
unless: 23
(I) obtained directly or by prescription or order from an authorized 24
provider acting in the course of professional practice; [or] 25
(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 26
THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUN T POSSESSED DOES 27
NOT EXCEED A PERSONA L USE AMOUNT ; OR 28
(III) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS 29 8 SENATE BILL 833
AND POSSESSION IS LE GAL UNDER TITLE 13, SUBTITLE 33 OR TITLE 23 OF THE 1
HEALTH – GENERAL ARTICLE; OR 2
(2) obtain or attempt to obtain a controlled dangerous substance, or 3
procure or attempt to procure the administration of a controlled dangerous substance by: 4
(i) fraud, deceit, misrepresentation, or subterfuge; 5
(ii) the counterfeiting or alteration of a prescription or a written 6
order; 7
(iii) the concealment of a material fact; 8
(iv) the use of a false name or address; 9
(v) falsely assuming the title of or representing to be a 10
manufacturer, distributor, or authorized provider; or 11
(vi) making, issuing, or presenting a false or counterfeit prescription 12
or written order. 13
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 14
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 15
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 16
not exceeding $5,000 or both; 17
(ii) for a second or third conviction, imprisonment not exceeding 18 18
months or a fine not exceeding $5,000 or both; or 19
(iii) for a fourth or subsequent conviction, imprisonment no t 20
exceeding 2 years or a fine not exceeding $5,000 or both. 21
(2) (i) Except as provided in [subparagraph (ii)] SUBPARAGRAPHS (II) 22
AND (III) of this paragraph AND TITLE 23 OF THE HEALTH – GENERAL ARTICLE, a 23
person whose violation of this section involves the use or possession of [marijuana] 24
CANNABIS is guilty of [a] THE misdemeanor of possession of [marijuana] CANNABIS and 25
is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 26
(ii) 1. A. A first finding of guilt under this section involving 27
the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 28
EXCEEDING THE PERSON AL USE AMOUNT BY AN INDIVIDUAL UNDER THE AGE OF 21 29
YEARS is a civil offense punishable by a fine not exceeding $100. 30
B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 31
OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 32 SENATE BILL 833 9
A PENALTY OF UP TO 6 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 1
2. A. A second finding of guilt under this section 2
involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 3
CANNABIS NOT EXCEEDI NG THE PERSONAL USE AMOUNT BY AN INDIVID UAL UNDER 4
THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $250. 5
B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 6
OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 7
A PENALTY OF UP TO 16 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 8
3. A. A third or subsequent finding of guilt under this 9
section involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT 10
OF CANNABIS NOT EXCE EDING THE PERSONAL U SE AMOUNT BY AN INDI VIDUAL 11
UNDER THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $500. 12
B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 13
OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 14
A PENALTY OF UP TO 32 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 15
4. A. In addition to a fine, a court shall order a person 16
under the age of 21 years who commits a violation punishable under subsubparagraph 1, 17
2, or 3 of this subparagraph to attend a drug education program approved by the Maryland 18
Department of Health, refer the person to an assessment for substance abuse disorder, and 19
refer the person to substance abuse treatment, if necessary. 20
B. [In addition to a fine, a court shall order a person at least 21
21 years old who commits a violation punishable under subsubparagraph 3 of this 22
subparagraph to attend a drug education program approved by the Maryland Department 23
of Health, refer the person to an assessment for substance abuse disorder, and refer the 24
person to substance abuse treatment, if necessary. 25
C.] A court that orders a person to a drug education program 26
or substance abuse assessment or treatment under this subsubparagraph may hold the 27
case sub curia pending receipt of proof of completion of the program, assessment, or 28
treatment. 29
(III) 1. A VIOLATION OF THIS SE CTION INVOLVING A PE RSON 30
AT LEAST 21 YEARS OLD POSSESSI NG CANNABIS IN AN AM OUNT GREATER THAN TH E 31
PERSONAL USE AMOUNT BUT NOT EXCEEDING DO UBLE THE PERSONAL US E AMOUNT 32
IS A CIVIL OFFENSE P UNISHABLE BY A FINE NOT EXCEEDING $250. 33
2. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 34
OFFENSE UNDER THIS S UBPARAGRAPH MAY REQUEST , AND SHALL BE GRANTED , A 35
PENALTY OF UP TO 16 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 36 10 SENATE BILL 833
(3) (i) 1. In this paragraph the following words have the meanings 1
indicated. 2
2. “Bona fide physician–patient relationship” means a 3
relationship in which the physician has ongoing responsibility for the assessment, care, and 4
treatment of a patient’s medical condition. 5
3. “Caregiver” means an individual designated by a patient 6
with a debilitating medical condition to provide physical or medical assistance to the 7
patient, including assisting with the medical use of [marijuana] CANNABIS, who: 8
A. is a resident of the State; 9
B. is at least 21 years old; 10
C. is an immediate family member, a spouse, or a domestic 11
partner of the patient; 12
D. has not been convicted of a crime of violence as defined in 13
§ 14–101 of this article; 14
E. has not been convicted of a violation of a State or federal 15
controlled dangerous substances law; 16
F. has not been convicted of a crime of moral turpitude; 17
G. has been designated as caregiver by the patient in writing 18
that has been placed in the patient’s medical record prior to arrest; 19
H. is the only individual designated by the patient to serve as 20
caregiver; and 21
I. is not serving as caregiver for any other patient. 22
4. “Debilitating medical condition” means a chronic or 23
debilitating disease or medical condition or the treatment of a chronic or debilitating 24
disease or medical condition that produces one or more of the following, as documented by 25
a physician with whom the patient has a bona fide physician–patient relationship: 26
A. cachexia or wasting syndrome; 27
B. severe or chronic pain; 28
C. severe nausea; 29
D. seizures; 30 SENATE BILL 833 11
E. severe and persistent muscle spasms; or 1
F. any other condition that is severe and resistant to 2
conventional medicine. 3
(ii) 1. In a prosecution for the use or possession of [marijuana] 4
CANNABIS, the defendant may introduce and the court shall consider as a mitigating factor 5
any evidence of medical necessity. 6
2. Notwithstanding paragraph (2) of this subsection, if the 7
court finds that the person used or possessed [marijuana] CANNABIS because of medical 8
necessity, the court shall dismiss the charge. 9
(iii) 1. In a prosecution for the use or possession of [marijuana] 10
CANNABIS under this section, it is an affirmative defense that the defendant used or 11
possessed [marijuana] CANNABIS because: 12
A. the defendant has a debilitating medical condition that 13
has been diagnosed by a physician with whom the defendant has a bona fide 14
physician–patient relationship; 15
B. the debilitating medical condition is severe and resistant 16
to conventional medicine; and 17
C. [marijuana] CANNABIS is likely to provide the defendant 18
with therapeutic or palliative relief from the debilitating medical condition. 19
2. A. In a prosecution for the possession of [marijuana] 20
CANNABIS under this section, it is an affirmative defense that the defendant possessed 21
[marijuana] CANNABIS because the [marijuana] CANNABIS was intended for medical use 22
by an individual with a debilitating medical condition for whom the defendant is a 23
caregiver. 24
B. A defendant may not assert the affirmative defense under 25
this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s 26
intention to assert the affirmative defense and provides the State’s Attorney with all 27
documentation in support of the affirmative defense in accordance with the rules of 28
discovery provided in Maryland Rules 4–262 and 4–263. 29
3. An affirmative defense under this subparagraph may not 30
be used if the defendant was: 31
A. using [marijuana] CANNABIS in a public place or 32
assisting the individual for whom the defendant is a caregiver in using the [marijuana] 33
CANNABIS in a public place; or 34 12 SENATE BILL 833
B. in possession of more than 1 ounce of [marijuana] 1
CANNABIS. 2
[(4) A violation of this section involving the smoking of marijuana in a 3
public place is a civil offense punishable by a fine not exceeding $500.] 4
(d) The provisions of subsection (c)(2)(ii) of this section making the possession of 5
[marijuana] CANNABIS a civil offense FOR INDIVIDUALS UNDE R THE AGE OF 21 YEARS 6
AND THE PROVISIONS O F TITLE 23 OF THE HEALTH – GENERAL ARTICLE MAKING 7
THE POSSESSION OF CA NNABIS LEGAL FOR INDIVIDU ALS AT LEAST 21 YEARS OLD 8
may not be construed to affect the laws relating to[: 9
(1)] operating a vehicle or vessel while under the influence of or while 10
impaired by a controlled dangerous substance[; or 11
(2) seizure and forfeiture]. 12
5–601.1. 13
(a) A police officer shall issue a citation to a person who the police officer has 14
probable cause to believe has committed a violation of § 5–601 of this part involving the use 15
or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 16
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT . 17
(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 18
than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE 19
PERSONAL USE AMOUNT is a civil offense. 20
(2) Adjudication of a violation under § 5–601 of this part involving the use 21
or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 22
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT : 23
(i) is not a criminal conviction for any purpose; and 24
(ii) does not impose any of the civil disabilities that may result from 25
a criminal conviction. 26
(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 27
or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 28
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT shall be signed by the police officer 29
who issues the citation and shall contain: 30
(i) the name, address, and date of birth of the person charged; 31
SENATE BILL 833 13
(ii) the date and time that the violation occurred; 1
(iii) the location at which the violation occurred; 2
(iv) the fine OR AMOUNT OF COMMUNI TY SERVICE that may be 3
imposed; 4
(v) a notice stating that prepayment of the fine is allowed, except as 5
provided in paragraph (2) of this subsection; and 6
(vi) a notice in boldface type that states that the person shall: 7
1. pay the full amount of the preset fine; [or] 8
2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 9
OR 10
3. request a trial date at the date, time, and place established 11
by the District Court by writ or trial notice. 12
(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 13
use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 14
EXCEEDING DOUBLE THE PERSONAL USE A MOUNT is issued to a person under the age 15
of 21 years, the court shall summon the person for trial. 16
[(ii) If the court finds that a person at least 21 years old who has been 17
issued a citation under this section has at least twice previously been found guilty under § 18
5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 19
court shall summon the person for trial.] 20
(d) The form of the citation shall be uniform throughout the State and shall be 21
prescribed by the District Court. 22
(e) (1) The Chief Judge of the District Court shall establish a schedule for the 23
prepayment of the fine AND PROCEDURES FOR I NDIVIDUALS TO REQUES T AND BE 24
GRANTED COMMUNITY SE RVICE IN LIEU OF A F INE. 25
(2) Prepayment of a fine OR ACCEPTANCE OF COM MUNITY SERVICE IN 26
LIEU OF A FINE shall be considered a plea of guilty to a Code violation. 27
(3) A person described in subsection (c)(2) of this section may not prepay 28
the fine. 29
(f) (1) A person may request a trial by sending a request for trial to the District 30
Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 31
citation. 32 14 SENATE BILL 833
(2) If a person other than a person described in subsection (c)(2) of this 1
section does not request a trial [or], prepay the fine, OR REQUES T COMMUNITY SERVICE 2
IN LIEU OF A FINE within 30 days of the issuance of the citation, the court may impose the 3
maximum fine and costs against the person and find the person is guilty of a Code violation 4
[for purposes of subsection (c)(2)(ii) of this section]. 5
(g) The issuing jurisdiction shall forward a copy of the citation and a request for 6
trial to the District Court in the district having venue. 7
(h) (1) The failure of a defendant to respond to a summons described in 8
subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 9
Article. 10
(2) If a person at least 21 years old fails to appear after having requested 11
a trial, the court may impose the maximum fine OR COMMUNITY SERVICE and costs 12
against the person and find the person is guilty of a Code violation [for purposes of 13
subsection (c)(2)(ii) of this section]. 14
(i) In any proceeding for a Code violation under § 5–601 of this part involving the 15
use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 16
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT : 17
(1) the State has the burden to prove the guilt of the defendant by a 18
preponderance of the evidence; 19
(2) the court shall apply the evidentiary standards as prescribed by law or 20
rule for the trial of a criminal case; 21
(3) the court shall ensure that the defendant has received a copy of the 22
charges against the defendant and that the defendant understands those charges; 23
(4) the defendant is entitled to cross–examine all witnesses who appear 24
against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 25
testify on the defendant’s own behalf, if the defendant chooses to do so; 26
(5) the defendant is entitled to be represented by counsel of the defendant’s 27
choice and at the expense of the defendant; and 28
(6) the defendant may enter a plea of guilty or not guilty, and the verdict 29
of the court in the case shall be: 30
(i) guilty of a Code violation; 31
(ii) not guilty of a Code violation; or 32
SENATE BILL 833 15
(iii) probation before judgment, imposed by the court in the same 1
manner and to the same extent as is allowed by law in the trial of a criminal case. 2
(j) (1) The defendant is liable for the costs of the proceedings in the District 3
Court. 4
(2) The court costs in a Code violation case under § 5–601 of this part 5
involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 6
CANNABIS NOT EXCEEDI NG DOUBLE THE PERSON AL USE AMOUNT in which costs are 7
imposed are $5. 8
(k) (1) The State’s Attorney for any county may prosecute a Code violation 9
under § 5–601 of this part involving the use or possession of [less than 10 grams of 10
marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE PERSONAL USE 11
AMOUNT in the same manner as prosecution of a violation of the criminal laws of the State. 12
(2) In a Code violation case under § 5–601 of this part involving the use or 13
possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 14
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT , the State’s Attorney may: 15
(i) enter a nolle prosequi or move to place the case on the stet docket; 16
and 17
(ii) exercise authority in the same manner as prescribed by law for 18
violation of the criminal laws of the State. 19
(l) A person issued a citation for a violation of § 5–601 of this part involving the 20
use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 21
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT who is under the age of 18 years 22
shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the 23
Courts Article. 24
(m) A citation for a violation of § 5–601 of this part involving the use or possession 25
of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING 26
DOUBLE THE PERSONAL USE AMO UNT and the official record of a court regarding the 27
citation are not subject to public inspection and may not be included on the public website 28
maintained by the Maryland Judiciary if: 29
(1) the defendant has prepaid the fine OR PERFORMED THE COMMUNITY 30
SERVICE; 31
(2) the defendant has pled guilty to or been found guilty of the Code 32
violation and has fully paid the fine OR PERFORMED THE COM MUNITY SERVICE and 33
PAID THE costs imposed for the violation; 34
(3) the defendant has received a probation before judgment and has fully 35 16 SENATE BILL 833
paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 1
imposed by the court; 2
(4) the case has been removed from the stet docket after the defendant fully 3
paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 4
imposed by the court; 5
(5) the State has entered a nolle prosequi; 6
(6) the defendant has been found not guilty of the charge; or 7
(7) the charge has been dismissed. 8
5–601.2. 9
(A) A PERSON MAY NOT SMOKE CANNABIS IN A PUBLIC PLACE, AS DEFINED 10
IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 11
(B) (1) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL 12
OFFENSE PUNISHABLE B Y A FINE NOT EXCEEDI NG $50. 13
(2) A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL OFFENSE 14
UNDER THIS SECTION MAY REQ UEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 15
5 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 16
(C) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 17
POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 18
OF THIS SECTION. 19
(D) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 20
(2) ADJUDICATION OF A VIO LATION UNDER THIS SE CTION: 21
(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 22
(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABIL ITIES THAT 23
MAY RESULT F ROM A CRIMINAL CONVI CTION. 24
(E) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 25
SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 26
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 27
CHARGED; 28
SENATE BILL 833 17
(II) THE DATE AN D TIME THAT THE VIOL ATION OCCURRED ; 1
(III) THE LOCATION AT WHIC H THE VIOLATION OCCU RRED; 2
(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 3
BE IMPOSED; 4
(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 5
ALLOWED, EXCEPT AS PROVIDED I N PARAGRA PH (2) OF THIS SUBSECTION ; AND 6
(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THA T THE 7
PERSON SHALL : 8
1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 9
2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 10
OR 11
3. REQUEST A TRIAL AT T HE DATE, TIME, AND PLACE 12
ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 13
(2) IF A CITATION FOR A V IOLATION OF THIS SEC TION IS ISSUED TO A 14
PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 15
FOR TRIAL. 16
(F) THE FORM OF THE CITAT ION SHALL BE UNIF ORM THROUGHOUT THE 17
STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 18
(G) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 19
SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 20
INDIVIDUALS TO REQUE ST AND BE GRANTED CO MMUNITY SERVICE IN LIEU OF A 21
FINE. 22
(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COM MUNITY 23
SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 24
VIOLATION. 25
(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 26
FINE. 27
(H) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A RE QUEST FOR 28
TRIAL TO THE DISTRICT COURT IN THE JURISDIC TION WHERE THE CITAT ION WAS 29
ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 30 18 SENATE BILL 833
(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 1
REQUEST COMMUNITY SE RVICE IN LIEU OF A FINE WITHIN 30 DAYS AFTER THE 2
ISSUANCE OF THE CITA TION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 3
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 4
GUILTY OF A CODE VIOLATION . 5
(I) THE ISSUING JURISDICT ION SHALL FORWARD A COPY OF THE CITATION 6
AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 7
VENUE. 8
(J) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 9
DESCRIBED IN SUBSECT ION (E)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 10
5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 11
(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO A PPEAR AFTER 12
HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 13
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 14
GUILTY OF A CODE VIOLATION . 15
(K) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 16
(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT O F THE 17
DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 18
(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 19
PRESCRIBED BY LAW OR RULE FOR THE TRIAL O F A CRIMINAL CASE; 20
(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 21
A COPY OF THE CHARGE S AGAINST THE DEFEND ANT AND THAT THE DEF ENDANT 22
UNDERSTANDS THOSE CH ARGES; 23
(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 24
WITNESSES WHO APPEAR AGAINST THE DEFENDA NT, TO PRODUCE EVIDENCE OR 25
WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 26
OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 27
(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 28
OF THE DEFENDANT ’S CHOICE AND AT THE EXPENSE OF THE DEFENDANT ; AND 29
(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NOT GUILTY, 30
AND THE VERDICT OF T HE COURT IN THE CASE SHALL BE: 31
SENATE BILL 833 19
(I) GUILTY OF A CODE VIOLATION ; 1
(II) NOT GUILTY OF A CODE VIOLATION ; OR 2
(III) PROBATION BEFORE JUD GMENT, IMPOSED BY THE COURT 3
IN THE SAME MANNER A ND TO THE SAME EXTEN T AS IS ALLOWED BY L AW IN THE 4
TRIAL OF A CRIMINAL CASE. 5
(L) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 6
PROCEEDINGS IN THE DISTRICT COURT. 7
(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 8
SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 9
(M) (1) THE STATE’S ATTORNEY FOR ANY COUN TY MAY PROSECUTE A 10
CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 11
FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 12
(2) IN A CODE VIOLATION C ASE UNDER THIS SECTI ON, THE STATE’S 13
ATTORNEY MAY : 14
(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 15
THE STET DOCKET ; AND 16
(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 17
PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 18
(N) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 19
IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJE CT TO THE PROCEDURES AND 20
DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 21
(O) A CITATION FOR A VIOLA TION OF THIS SECTION AND THE O FFICIAL 22
RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 23
INSPECTION AND MAY N OT BE INCLUDED ON TH E PUBLIC WEBSITE MAI NTAINED BY 24
THE MARYLAND JUDICIARY IF: 25
(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 26
COMMUNITY SERVICE ; 27
(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 28
OF THE CODE VIOLATION AND HA S FULLY PAID THE FIN E OR PERFORMED THE 29
COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 30
20 SENATE BILL 833
(3) THE DEFENDANT HAS RE CEIVED A PROBATION B EFORE 1
JUDGMENT AND HAS FULLY PAID THE FINE OR PERFORMED THE COM MUNITY 2
SERVICE AND COMPLETE D ANY TERMS IMPOSED BY THE COURT; 3
(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 4
THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 5
THE COURT; 6
(5) THE STATE HAS ENTERED A NOL LE PROSEQUI; 7
(6) THE DEFENDANT HAS BE EN FOUND NOT GUILTY OF THE CHARGE ; 8
OR 9
(7) THE CHARGE HAS BEEN DISMISSED. 10
5–601.3. 11
(A) A PERSON MAY NOT CULTI VATE CANNABIS PLANTS IN A MANNER THAT 12
IS CONTRARY TO THIS SECTION. 13
(B) CANNABIS PLANTS MAY NOT BE CU LTIVATED IN A LOCATI ON WHERE 14
THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 15
PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 16
OPTICAL AIDS. 17
(C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES 18
CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 19
UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 20
(2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAK E REASONABLE 21
PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS 22
AND ACCESS BY A PERSON UNDER THE AGE OF 21 YEARS. 23
(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 24
POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSO N IN 25
LAWFUL POSSESSION OF THE PROPERTY . 26
(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIVATE CA NNABIS 27
PLANTS. 28
(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN FOUR CANNABIS 29
PLANTS. 30
SENATE BILL 833 21
(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT 1
THE SAME RESIDENCE , NOT MORE THAN EIGHT CANNABIS PLANTS MAY BE 2
CULTIVATED AT THAT R ESIDENCE. 3
(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 4
PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL OFFENS E PUNISHABLE 5
BY A FINE NOT EXCEED ING $750. 6
(2) A PERSON WHO VIOLATES THIS SECTION BY CULT IVATING MORE 7
THAN FOUR PLANTS BUT LESS THAN EIGHT PLANTS IS GUILTY OF A CIVIL OFFENSE 8
PUNISHABLE BY A FINE NOT EXCEEDING $250. 9
(3) A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL OFFENSE 10
UNDER THIS SECTION M AY REQUEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 11
50 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 12
(H) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 13
POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 14
OF THIS SECTION. 15
(I) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 16
(2) ADJUDICATION OF A VIOLATION UNDER TH IS SECTION: 17
(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 18
(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABIL ITIES THAT 19
MAY RESULT FROM A CR IMINAL CONVICTION . 20
(J) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 21
SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 22
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 23
CHARGED; 24
(II) THE DATE AND TIME TH AT THE VIOLATION OCC URRED; 25
(III) THE LOCATION AT WHIC H THE VIOLATION OCCU RRED; 26
(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 27
BE IMPOSED; 28
(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 29 22 SENATE BILL 833
ALLOWED, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION ; AND 1
(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THA T THE 2
PERSON SHALL: 3
1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 4
2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 5
OR 6
3. REQUEST A TRIAL AT T HE DATE, TIME, AND PLACE 7
ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 8
(2) IF A CITATION FOR A V IOLATION OF THIS SECTI ON IS ISSUED TO A 9
PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 10
FOR TRIAL. 11
(K) THE FORM OF THE CITAT ION SHALL BE UNIFORM THROUGHOUT THE 12
STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 13
(L) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 14
SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 15
INDIVIDUALS TO REQUE ST AND BE GRANTED CO MMUNITY SERVICE IN L IEU OF A 16
FINE. 17
(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COM MUNITY 18
SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 19
VIOLATION. 20
(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 21
FINE. 22
(M) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A R EQUEST FOR 23
TRIAL TO THE DISTRICT COURT IN THE JURISDIC TION WHERE THE CITA TION WAS 24
ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 25
(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 26
REQUEST COMMUNITY SE RVICE IN LIEU OF A F INE WITHIN 30 DAYS AFTER THE 27
ISSUANCE OF THE CITA TION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 28
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 29
GUILTY OF A CODE VIOLATION . 30
(N) THE ISSUING JURISDICT ION SHALL FORWARD A COPY OF THE CITATION 31 SENATE BILL 833 23
AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 1
VENUE. 2
(O) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 3
DESCRIBED IN SUBSECT ION (J)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 4
5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 5
(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO A PPEAR AFTER 6
HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 7
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 8
GUILTY OF A CODE VIOLATION . 9
(P) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 10
(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT O F THE 11
DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 12
(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 13
PRESCRIBED BY LAW OR RULE FOR THE TRIAL O F A CRIMINAL CASE ; 14
(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 15
A COPY OF THE CHARGE S AGAINST THE DEFENDANT AN D THAT THE DEFENDANT 16
UNDERSTANDS THOSE CH ARGES; 17
(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 18
WITNESSES WHO APPEAR AGAINST THE DEFENDAN T, TO PRODUCE EVIDENCE OR 19
WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 20
OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 21
(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 22
OF THE DEFENDANT ’S CHOICE AND AT THE EXPENSE OF THE DEFEN DANT; AND 23
(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NOT GUILTY, 24
AND THE VERDICT OF THE C OURT IN THE CASE SHA LL BE: 25
(I) GUILTY OF A CODE VIOLATION ; 26
(II) NOT GUILTY OF A CODE VIOLATION ; OR 27
(III) PROBATION BEFORE JUD GMENT, IMPOSED BY THE COURT 28
IN THE SAME MANNER A ND TO THE SAME EXTEN T AS IS ALLOWED BY L AW IN THE 29
TRIAL OF A CRIMINAL C ASE. 30
24 SENATE BILL 833
(Q) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 1
PROCEEDINGS IN THE DISTRICT COURT. 2
(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 3
SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 4
(R) (1) THE STATE’S ATTORNEY FOR ANY COUNTY MAY PROSECUTE A 5
CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 6
FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 7
(2) IN A CODE VIOLATION CASE U NDER THIS SECTION , THE STATE’S 8
ATTORNEY MAY : 9
(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 10
THE STET DOCKET ; AND 11
(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 12
PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 13
(S) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 14
IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJECT TO THE PROCEDURES AN D 15
DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 16
(T) A CITATION FOR A VIOLA TION OF THIS SECTION AND THE OFFICIAL 17
RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 18
INSPECTION AND MAY NOT BE INCLU DED ON THE PUBLIC WE BSITE MAINTAINED BY 19
THE MARYLAND JUDICIARY IF: 20
(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 21
COMMUNITY SERVICE ; 22
(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 23
OF THE CODE VIOLATION AND HA S FULLY PAID THE FINE OR PERFORMED THE 24
COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 25
(3) THE DEFENDANT HAS RE CEIVED A PROBATION B EFORE 26
JUDGMENT AND HAS FUL LY PAID THE FINE OR PERFORMED THE COMMUN ITY 27
SERVICE AND COMPLETE D ANY TERMS IMPOSED BY THE COURT ; 28
(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 29
THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 30
THE COURT; 31
SENATE BILL 833 25
(5) THE STATE HAS ENTERED A N OLLE PROSEQUI ; 1
(6) THE DEFENDANT HAS BE EN FOUND NOT GUILTY OF THE CHARGE ; 2
OR 3
(7) THE CHARGE HAS BEEN DISMISSED. 4
5–612. 5
(a) [A] EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A person may not 6
manufacture, distribute, dispense, or possess: 7
(1) 50 pounds or more of [marijuana] CANNABIS; 8
(2) 448 grams or more of cocaine; 9
(3) 448 grams or more of any mixture containing a detectable amount, as 10
scientifically measured using representative sampling methodology, of cocaine; 11
(4) 448 grams or more of cocaine base, commonly known as “crack”; 12
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 13
or salt of an isomer of morphine or opium; 14
(6) 28 grams or more of any mixture containing a detectable amount, as 15
scientifically measured using representative sampling methodology, of morphine or opium 16
or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 17
(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 18
is scheduled by the United States Drug Enforcement Administration; 19
(8) 28 grams or more of any mixture containing a detectable amount, as 20
scientifically measured using representative sampling methodology, of fentanyl or any 21
structural variation of fentanyl that is scheduled by the United States Drug Enforcement 22
Administration; 23
(9) 1,000 dosage units or more of lysergic acid diethylamide; 24
(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 25
acid diethylamide; 26
(11) 16 ounces or more of phencyclidine in liquid form; 27
(12) 448 grams or more of any mixture containing a detectable amount, as 28
scientifically measured using representative sampling methodology, of phencyclidine; 29
26 SENATE BILL 833
(13) 448 grams or more of methamphetamine; or 1
(14) 448 grams or more of any mixture containing a detectable amount, as 2
scientifically measured using representative sampling methodology, of methamphetamine. 3
(b) For the purpose of determining the quantity of a controlled dangerous 4
substance involved in individual acts of manufacturing, distributing, dispensing, or 5
possessing under subsection (a) of this section, the acts may be aggregated if each of the 6
acts occurred within a 90–day period. 7
(c) (1) A person who is convicted of a violation of subsection (a) of this section 8
shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not 9
exceeding $100,000. 10
(2) The court may not suspend any part of the mandatory minimum 11
sentence of 5 years. 12
(3) Except as provided in § 4–305 of the Correctional Services Article, the 13
person is not eligible for parole during the mandatory minimum sentence. 14
5–614. 15
(a) (1) Unless authorized by law to possess the substance, a person may not 16
bring into the State: 17
(i) 45 kilograms or more of [marijuana] CANNABIS; 18
(ii) 28 grams or more of cocaine; 19
(iii) any mixture containing 28 grams or more of cocaine; 20
(iv) 4 grams or more of morphine or opium or any derivative, salt, 21
isomer, or salt of an isomer of morphine or opium; 22
(v) 1,000 dosage units of lysergic acid diethylamide; 23
(vi) any mixture containing the equivalent of 1,000 dosage units of 24
lysergic acid diethylamide; 25
(vii) 28 grams or more of phencyclidine in liquid or powder form; 26
(viii) 112 grams or more of any mixture containing phencyclidine; 27
(ix) 1,000 dosage units or more of methaqualone; 28
(x) 28 grams or more of methamphetamine; 29
SENATE BILL 833 27
(xi) any mixture containing 28 grams or more of methamphetamine; 1
or 2
(xii) 4 grams or more of fentanyl or a fentanyl analogue. 3
(2) A person who violates this subsection is guilty of a felony and on 4
conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 5
or both. 6
(b) (1) Unless authorized by law to possess the [marijuana] CANNABIS, a 7
person may not bring into the State more than 5 kilograms but less than 45 kilograms of 8
[marijuana] CANNABIS. 9
(2) A person who violates this subsection is guilty of a felony and on 10
conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 11
or both. 12
5–619. 13
(c) (1) [This subsection does not apply to the use or possession of drug 14
paraphernalia involving the use or possession of marijuana. 15
(2)] Unless authorized under this title, a person may not use or possess with 16
intent to use drug paraphernalia to: 17
(i) plant, propagate, cultivate, grow, harvest, manufacture, 18
compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 19
controlled dangerous substance; or 20
(ii) inject, ingest, inhale, or otherwise introduce into the human body 21
a controlled dangerous substance. 22
[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 23
and on conviction is subject to: 24
(i) for a first violation, a fine not exceeding $500; and 25
(ii) for each subsequent violation, imprisonment not exceeding 2 26
years or a fine not exceeding $2,000 or both. 27
[(4)] (3) A person who is convicted of violating this subsection for the first 28
time and who previously has been convicted of violating subsection (d)(4) of this section is 29
subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 30
5–620. 31
28 SENATE BILL 833
(a) Unless authorized under this title, a person may not: 1
(1) obtain or attempt to obtain controlled paraphernalia by: 2
(i) fraud, deceit, misrepresentation, or subterfuge; 3
(ii) counterfeiting a prescription or a written order; 4
(iii) concealing a material fact or the use of a false name or address; 5
(iv) falsely assuming the title of or representing to be a 6
manufacturer, distributor, or authorized provider; or 7
(v) making or issuing a false or counterfeit prescription or written 8
order; or 9
(2) possess or distribute controlled paraphernalia under circumstances 10
which reasonably indicate an intention to use the controlled paraphernalia for purposes of 11
illegally administering a controlled dangerous substance. 12
(b) Evidence of circumstances that reasonably indicate an intent to use controlled 13
paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 14
substance unlawfully include the close proximity of the controlled paraphernalia to an 15
adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 16
distribute, or dispense controlled dangerous substances, including: 17
(1) a scale; 18
(2) a sieve; 19
(3) a strainer; 20
(4) a measuring spoon; 21
(5) staples; 22
(6) a stapler; 23
(7) a glassine envelope; 24
(8) a gelatin capsule; 25
(9) procaine hydrochloride; 26
(10) mannitol; 27
(11) lactose; 28 SENATE BILL 833 29
(12) quinine; and 1
(13) a controlled dangerous substance. 2
(c) Information that is communicated to a physician to obtain controlled 3
paraphernalia from the physician in violation of this subtitle is not a privileged 4
communication. 5
(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 6
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 7
not exceeding 4 years or a fine not exceeding $25,000 or both. 8
[(2) A person who violates this section involving the use or possession of 9
marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 10
or both.] 11
5–629. 12
THE OFFENSES AND PENA LTIES IN THIS SUBTIT LE DO NOT APPLY TO 13
ACTIVITIES RELATED T O CANNABIS OR CANNAB IS ACCESSORIES THAT ARE LEGAL 14
UNDER: 15
(1) TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE; OR 16
(2) TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 17
10–113. 18
An individual may not knowingly and willfully make a misrepresentation or false 19
statement as to the age of that individual or another to any person licensed to sell alcoholic 20
beverages OR CANNABIS or engaged in the sale of alcoholic beverages OR CANNABIS , for 21
the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic 22
beverage OR CANNABIS to an individual. 23
10–116. 24
An individual may not obtain, or attempt to obtain by purchase or otherwise, an 25
alcoholic beverage OR CANNABIS from any person licensed to sell alcoholic beverages OR 26
CANNABIS for consumption by another who the individual obtaining or attempting to 27
obtain the beverage OR CANNABIS knows is under the age of 21 years. 28
10–117. 29
(a) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (D) of this 30 30 SENATE BILL 833
section, a person may not furnish an alcoholic beverage, CANNABIS, OR CANNABIS 1
ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE to an 2
individual if: 3
(1) the person furnishing the alcoholic beverage, CANNABIS, OR 4
CANNABIS ACCESSORIES knows that the individual is under the age of 21 years; and 5
(2) the alcoholic beverage [is], CANNABIS, OR CANNABIS ACCESSOR IES 6
ARE furnished for the purpose of consumption by the individual under the age of 21 years. 7
(b) Except as provided in subsection (c) of this section, an adult may not 8
knowingly and willfully allow an individual under the age of 21 years actually to possess 9
or consume an alcoholic beverage OR CANNABIS at a residence, or within the curtilage of 10
a residence that the adult owns or leases and in which the adult resides. 11
(c) (1) The prohibition set forth in subsection (a) of this section does not apply 12
if [the] A person furnishing [the] AN alcoholic beverage and the individual to whom the 13
alcoholic beverage is furnished: 14
(i) are members of the same immediate family, and the alcoholic 15
beverage is furnished and consumed in a private residence or within the curtilage of the 16
residence; or 17
(ii) are participants in a religious ceremony. 18
(2) The prohibition set forth in subsection (b) of this section does not apply 19
if [the] AN adult allowing the possession or consumption of [the] AN alcoholic beverage and 20
the individual under the age of 21 years who possesses or consumes the alcoholic beverage: 21
(i) are members of the same immediate family, and the alcoholic 22
beverage is possessed and consumed in a private residence, or within the curtilage of the 23
residence, of the adult; or 24
(ii) are participants in a religious ceremony. 25
(d) THE PROHIBITIONS SET FORTH IN SUBSECTIONS (A) AND (B) OF THIS 26
SECTION DO NOT APPLY IN THE CASE OF AN IN DIVIDUAL UNDER THE A GE OF 21 27
YEARS WHO IS ALLOWED TO POSSESS CANNABIS AND CANNABI S ACCESSORIES 28
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 29
(E) A person may not violate subsection (a) or (b) of this section if the violation 30
involves an individual under the age of 21 years who: 31
(1) the person knew or reasonably should have known would operate a 32
motor vehicle after consuming the alcoholic beverage OR CANNABIS; and 33
SENATE BILL 833 31
(2) as a result of operating a motor vehicle while under the influence of 1
alcohol or while impaired by alcohol OR CANNABIS, causes serious physical injury or death 2
to the individual or another. 3
Article – Criminal Procedure 4
10–105.3. 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(2) “AUTOMATIC EXPUNGEMENT ” MEANS EXPUNGEMENT WI THOUT 8
THE FILING OF A PETI TION OR PAYMENT OF A FEE BY THE PERSON WHO IS THE 9
SUBJECT OF THE RECOR DS TO BE EXPUNGED . 10
(3) “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED IN § 5–601 11
OF THE CRIMINAL LAW ARTICLE. 12
(B) ALL COURT RECORDS AND POLICE RECORDS RELAT ING TO ANY 13
DISPOSITION OF A CHA RGE OF POSSESSION OF CANNABIS UNDER § 5–601 OF THE 14
CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY OF CANNABIS THAT DID NOT 15
EXCEED THE PERSONAL USE AMOUNT ENTERED B EFORE OCTOBER 1, 2023, WHERE 16
POSSESSION OF CANNAB IS IS THE ONLY CHARG E IN THE CASE , SHALL BE 17
AUTOMATICALLY EXPUNG ED ON OR BEFORE OCTOBER 1, 2023. 18
(C) NOTWITHSTANDING § 10–107 OF THIS SUBTITLE , ALL COURT RECORDS 19
AND POLICE RECORDS R ELATING TO ANY DISPO SITION OF A CHARGE O F POSSESSION 20
OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A 21
QUANTITY OF CANNABIS THAT DID NOT EXCEED THE PERSONAL USE AMO UNT 22
ENTERED BEFORE OCTOBER 1, 2023, WHERE THE DEFENDANT WAS ALSO CHARGED 23
WITH ONE OR MORE OTH ER CRIMES IN THE SAM E CASE, REGARDLESS OF THE 24
DISPOSITION OF THE O THER CHARGE OR CHARG ES, SHALL BE AUTOMATICAL LY 25
EXPUNGED ON OR BEFORE OCTOBER 1, 2024. 26
(D) WITH REGARD TO ANY DI SPOSITION OF A CHARG E OF POSSESSION OF 27
CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY 28
OF CANNABIS THAT DID NOT EXCEED THE PERSO NAL USE AMOUNT ENTER ED ON OR 29
AFTER OCTOBER 1, 2022, OR A CIVIL CHARGE UN DER § 5–601.1 OR § 5–601.2 OF THE 30
CRIMINAL LAW ARTICLE, NOTWITHSTANDING § 10–107 OF THIS SUBTITLE: 31
(1) THE COURT WITH JURIS DICTION OVER THE CAS E SHALL INITIATE 32
EFFORTS TO AUTOMATIC ALLY EXPUNGE ALL COU RT RECORDS AND POLIC E 33
RECORDS RELATING TO THE C HARGE 1 YEAR AFTER DISPOSITI ON OF THE CHARGE ; 34
AND 35 32 SENATE BILL 833
(2) EXPUNGEMENT OF COURT RECORDS AND POLICE R ECORDS 1
RELATING TO THE CHAR GE SHALL BE COMPLETE D ON OR BEFORE 1 YEAR AND 90 2
DAYS AFTER DISPOSITI ON. 3
10–105.4. 4
(A) IN THIS SECTION, “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED 5
IN § 5–601 OF THE CRIMINAL LAW ARTICLE. 6
(B) (1) THE LEGALIZATION OF P OSSESSION AND CULTIV ATION OF A 7
PERSONAL USE AMOUNT OF CANNABIS BY PERSO NS AT LEAST 21 YEARS OLD UNDER 8
TITLE 23 OF THE HEALTH – GENERAL ARTICLE IS RETROACTIVE . 9
(2) ALL CHARGES PENDING O N OCTOBER 1, 2022, FOR POSSESSION 10
OR CULTIVATION OF A PERSONAL USE AMOUNT OF CANNABIS BY A PER SON WHO IS 11
AT LEAST 21 YEARS OLD SHALL BE D ISMISSED. 12
(3) (I) A PERSON INCARCERATED OR UNDER SUPERVISION ON OR 13
AFTER OCTOBER 1, 2022, FOR AN OFFENSE INVOL VING THE POSSESSION OR 14
CULTIVATION OF A PER SONAL USE AMOUNT OF CANNABIS MAY PRESENT AN 15
APPLICATION FOR RELE ASE TO THE COURT THA T SENTENCED THE PERS ON. 16
(II) 1. THE COURT SHALL GRANT THE PETITION AND 17
VACATE THE CONVIC TION. 18
2. IF THE PERSON IS NOT SERVING A CONCURRENT OR 19
CONSECUTIVE SENTENCE FOR ANOTHER OFFENSE , THE PERSON SHALL BE 20
RELEASED FROM INCARC ERATION OR SUPERVISI ON. 21
(C) (1) A PERSON INCARCERATED OR UNDER SUPERVISION ON OCTOBER 22
1, 2022, FOR AN OFFENSE INV OLVING THE POSSESSIO N, CULTIVATION, PROCESSING, 23
OR SALE OF CANNABIS MAY PRESENT AN APPLI CATION FOR RESENTENC ING TO THE 24
COURT THAT SENTENCED THE PERSON REGARDLES S OF WHETHER THE PER SON HAS 25
PREVIOUSLY FILED A P ETITION FOR RESENTEN CING. 26
(2) THE COURT SHALL CONSIDER THE INDIVID UAL CIRCUMSTANCES 27
OF EACH CASE AND SHA LL REDUCE THE APPLIC ANT’S SENTENCE IF THE CO URT 28
FINDS THAT DOING SO WOULD BE IN THE INTE RESTS OF JUSTICE , IN LIGHT OF THE 29
ELIMINATION AND REDU CTION IN PENALTIES A SSOCIATED WITH 30
CANNABIS–RELATED CO NDUCT AND PAST RACIA L DISPARITIES IN THE 31
ENFORCEMENT OF CANNA BIS LAWS. 32
SENATE BILL 833 33
(3) THE SENTENCE OF THE A PPLICANT MAY NOT BE INCREASED AT A 1
PROCEEDING DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION . 2
(D) (1) A PERSON PREVIOUSLY CO NVICTED OF AN OFFENS E INVOLVING 3
THE POSSESSION , CULTIVATION, PROCESSING, OR SALE OF CANNABIS NOT LISTED 4
IN § 10–105.3 OF THIS SUBTITLE WHO IS NOT INCARCERATED OR UNDER 5
SUPERVISION AT THE T IME OF THE PETITION MAY PRESENT AN APPLI CATION FOR 6
EXPUNGEMENT TO THE C OURT. 7
(2) THE COURT SHALL CONSIDER THE INDIVID UAL CIRCUMSTANCES 8
OF A CASE DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION A ND SHALL 9
EXPUNGE THE APPLICAN T’S RECORD IF THE COUR T FINDS THAT DOING S O WOULD 10
BE IN THE INTERESTS OF JUSTICE, IN LIGHT OF THE ELIM INATION AND REDUCTIO N 11
IN PENALTIES ASSOCIATED WITH CANNABIS–RELATED CONDUCT AND PAST RACIAL 12
DISPARITIES IN THE E NFORCEMENT OF CANNAB IS LAWS. 13
(E) (1) ANY INDIVIDUAL PETITI ONING FOR RELEASE OR RESENTENCING 14
IN ACCORDANCE WITH S UBSECTION (B) OR (C) OF THIS SECTION IS E LIGIBLE FOR 15
REPRESENTATION BY THE OFFICE OF THE PUBLIC DEFENDER. 16
(2) ON AND AFTER JANUARY 1, 2024, ANY INDIVIDUAL PETIT IONING 17
FOR EXPUNGEMENT UNDE R SUBSECTION (D) OF THIS SECTION IS E LIGIBLE FOR 18
REPRESENTATION BY TH E OFFICE OF THE PUBLIC DEFENDER. 19
(F) (1) IN A PROCEEDING BROUGHT U NDER THIS SECTION , THE STATE’S 20
ATTORNEY SHALL RECEIV E NOTICE AND MAY BE HEARD. 21
(2) IN A FACTUAL DISPUTE WITHIN A PROCEEDING UNDER THIS 22
SECTION, THE PROSECUTION SHAL L BEAR THE BURDEN OF PROOF BY A 23
PREPONDERANCE OF THE EVIDENCE. 24
(3) IF THE STATE’S ATTORNEY DOES NOT REQ UEST TO BE HEARD IN 25
A PROCEEDING UNDER T HIS SECTION, THE COURT SHALL MAKE ALL FACTUAL 26
DETERMINATIONS BASED ON A PREPONDERANCE O F THE EVIDENCE . 27
(G) FUNDS SHALL BE ALLOCA TED BY THE OFFICE OF SOCIAL EQUITY FROM 28
THE COMMUNITY REINVESTMENT AND REPAIR FUND TO COVER THE COS T TO THE 29
OFFICE OF THE PUBLIC DEFENDER, STATE’S ATTORNEY’S OFFICES, AND COURTS, 30
AS PART OF THE COST OF ADMINISTERING TITLE 23 OF THE HEALTH – GENERAL 31
ARTICLE. 32
(H) IF A NONCITIZEN REQUE STS IN WRITING TO TH E OFFICE OF THE CLER K 33
OF THE COURT RECORDS RELATED TO AN OFFENS E LISTED IN SUBSECTI ON (B), (C), 34 34 SENATE BILL 833
OR (D) OF THIS SECTION FOR IMMIGRATION PURPOSES , THOSE RECORDS SHALL BE 1
PROVIDED IF AVAILABL E, OR A STATEMENT SHALL BE PROVIDED THAT NO RECORDS 2
CAN BE FOUND , WITHIN 30 DAYS AFTER THE REQUE ST. 3
Article – Health – General 4
TITLE 23. CANNABIS. 5
SUBTITLE 1. DEFINITIONS. 6
23–101. 7
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 8
INDICATED. 9
(B) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 10
PART OF THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 11
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 12
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 13
DRY WEIGHT BASIS . 14
(2) “CANNABIS” DOES NOT INCLU DE HEMP AS DEFINED I N § 14–101 15
OF THE AGRICULTURE ARTICLE. 16
(C) “CANNABIS ACCESSORIES ” MEANS ANY EQUIPMENT , PRODUCTS, OR 17
MATERIALS OF ANY KIN D THAT ARE USED , INTENDED FOR USE , OR DESIGNED FOR 18
USE IN PLANTING , PROPAGATING , CULTIVATING, GROWING, HARVESTING, 19
COMPOSTING , MANUFACTURING , COMPOUNDING , CONVERTING , PRODUCING, 20
PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING , 21
STORING, VAPORIZING, OR CONTAINING CANNAB IS, OR FOR INGESTING , INHALING, 22
OR OTHERWISE INTRODU CING CANNABIS INTO T HE HUMAN BOD Y. 23
(D) “CANNABIS EDUCATION AND TRAINING FUND” MEANS THE CANNABIS 24
EDUCATION AND TRAINING FUND ESTABLISHED UNDE R § 23–203 OF THIS TITLE. 25
(E) “CANNABIS ESTABLISHMEN T” MEANS A CULTIVATOR , A DELIVERY 26
SERVICE, A PROCESSOR , A RETAILER, AN INDEPENDENT TESTI NG LABORATORY , A 27
TRANSPORTER , A DUAL LICENSE HOLDE R, AN ON–SITE CONSUMPTION 28
ESTABLISHMENT , OR ANY OTHER TYPE OF CANNABIS BUSINESS LI CENSED UNDER 29
THIS TITLE AND AUTHO RIZED BY THE COMMISSION. 30
(F) “CANNABIS ESTABLISHMEN T AGENT” OR “AGENT” MEANS AN 31
EMPLOYEE OR OTHER AUTHORIZED PER SON WHO ACTS FOR OR AT THE DIRECTION 32
OF A CANNABIS ESTABL ISHMENT. 33 SENATE BILL 833 35
(G) “CANNABIS PRODUCTS ” MEANS PRODUCTS THAT ARE COMPOSED OF 1
CANNABIS, CANNABIS CONCENTRATE , OR CANNABIS EXTRACT AND OTHER 2
INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, INCLUDING EDIBLE 3
PRODUCTS, OINTMENTS, AND TINCTURES . 4
(H) “CLASS A PROCESSOR” MEANS A PROCESSOR TH AT MAY PERFORM 5
SOLVENT–BASED EXTRACTIONS ON CANNABIS IN COMPLIAN CE WITH REGULATIONS 6
ADOPTED BY THE COMMISSION. 7
(I) “CLASS B PROCESSOR” MEANS A PRO CESSOR THAT MAY NOT PERFORM 8
SOLVENT–BASED EXTRACTIONS ON CANNABIS USING SOLVE NTS OTHER THAN 9
WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 10
ETHANOL. 11
(J) “COMMISSION” MEANS THE ALCOHOL AND TOBACCO COMMISSION OR 12
ITS SUCCESSOR AGENCY . 13
(K) “COMMUNITY REINVESTMENT AND REPAIR FUND” MEANS THE 14
COMMUNITY REINVESTMENT AND REPAIR FUND ESTABLISHED UNDE R § 23–204 OF 15
THIS TITLE. 16
(L) “CONSUMER” MEANS AN INDIVIDUAL AT LEAST 21 YEARS OLD WHO 17
PURCHASES CANNABIS O R CANNABIS PRODUCTS FOR PERSONAL USE BY 18
INDIVIDUALS AT LEAST 21 YEARS OLD. 19
(M) “CULTIVATOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E THAT: 20
(1) CULTIVATES OR PACKAGE S CANNABIS; AND 21
(2) IS AUTHORIZED BY THE COMMISSION TO PROVIDE CANNABIS TO 22
OTHER CANNABIS ESTAB LISHMENTS. 23
(N) “DELIVERY SERVICE” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 24
THAT IS AUTHORIZED B Y THE COMMISSION TO DELIVER CANNABIS TO CONSUMER S. 25
(O) “DISPROPORTIONATELY IM PACTED AREA ” MEANS A GEOGRAPHIC 26
AREA, AS IDENTIFIED BY THE OFFICE OF SOCIAL EQUITY, THAT: 27
(1) MEETS THREE OR MORE OF THE FO LLOWING CRITERIA : 28
(I) HAS A MEDIAN INCOME T HAT IS 80% OR LESS OF THE 29
AVERAGE MEDIAN HOUSE HOLD INCOME IN THE STATE; 30 36 SENATE BILL 833
(II) HAS AN UNEMPLOYMENT R ATE THAT IS AT LEAST 150% OF 1
THE UNEMPLOYMENT RAT E IN THE STATE; 2
(III) HAS A HEALTH UNINSURE D RATE THAT IS AT LE AST 150% 3
OF THE HEALTH UNINSU RED RATE IN THE STATE; 4
(IV) HAS A FOOD STAMP OR SUPPLEMENTAL NUTRITION 5
ASSISTANCE PLAN RATE THAT IS AT LEAST 150% OF THE FOOD STAMP OR 6
SUPPLEMENTAL NUTRITION ASSISTANCE PLAN RATE IN THE STATE; OR 7
(V) HAS A POVERTY RATE TH AT IS AT LEAST 150% OF THE 8
POVERTY RATE IN THE STATE; AND 9
(2) HAS BEEN IMPACTED BY HIGH RATES OF ARREST , CONVICTION, 10
AND INCARCERATION FO R CANNABIS POSSESSIO N. 11
(P) “DUAL LICENSE” MEANS A LICENSE ISSU ED BY THE COMMISSION TO AN 12
ENTITY THAT IS ALSO LICENSED AS A MEDICA L CANNABIS DISPENSAR Y, MEDICAL 13
CANNABIS PROCESSOR , MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, 14
OR MEDICAL CANNABIS GROWER. 15
(Q) “INDEPENDENT TESTING L ABORATORY ” MEANS A FACILITY , AN ENTITY, 16
OR A SITE THAT OFFER S OR PERFORMS TESTS RELATED TO THE INSPE CTION AND 17
TESTING OF CANNABIS AND PRODUCTS CONTAIN ING CANNABIS. 18
(R) “LOCALITY” MEANS A COUNTY , A MUNICIPAL CORPORAT ION, OR 19
ANOTHER POLITICAL SU BDIVISION OF THE STATE. 20
(S) “MEDICAL CANNABIS DISPENSARY” MEANS A DISPENSARY L ICENSED 21
UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 22
(T) “MEDICAL CANNABIS GROW ER” MEANS A GROWER LICEN SED UNDER 23
TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 24
(U) “MEDICAL CANNABIS INDE PENDENT TESTING LABO RATORY” MEANS AN 25
INDEPENDENT TESTING LABOR ATORY LICENSED UNDER TITLE 13, SUBTITLE 33 OF 26
THIS ARTICLE. 27
(V) “MEDICAL CANNABIS PROC ESSOR” MEANS A PROCESSOR LI CENSED 28
UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 29
(W) “ON–SITE CONSUMPTION EST ABLISHMENT ” MEANS AN ENTITY 30 SENATE BILL 833 37
LICENSED UN DER THIS TITLE AND A UTHORIZED BY THE COMMISSION AND THE 1
LOCALITY IN WHICH IT IS LOCATED TO SELL C ANNABIS OR CANNABIS PRODUCTS FOR 2
ON–SITE CONSUMPTION . 3
(X) “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED IN § 5–601 OF 4
THE CRIMINAL LAW ARTICLE. 5
(Y) (1) “PROCESSOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 6
AND AUTHORIZED BY TH E COMMISSION TO : 7
(I) TRANSFORM CANNABIS IN TO ANOTHER PRODUCT O R 8
EXTRACT; AND 9
(II) PACKAGE AND LABEL CAN NABIS. 10
(2) “PROCESSOR” INCLUDES CLASS A AND CLASS B PROCESSORS . 11
(Z) (1) “PUBLIC PLACE” MEANS ANY PLACE TO W HICH THE GENERAL 12
PUBLIC HAS ACCESS . 13
(2) “PUBLIC PLACE” DOES NOT INCLUDE : 14
(I) AN ON–SITE CONSUMPTION EST ABLISHMENT ; OR 15
(II) ANY VENUE OR AREA WH ERE INDIVIDUALS CONG REGATE TO 16
CONSUME CANNABIS IN A MANNER CONSISTENT WITH LOCA L LAW. 17
(AA) “REMUNERATION ” MEANS A THING OF VAL UE, INCLUDING MONETARY 18
PAYMENT, A DONATION, THE PROVISION OF A S ERVICE, THE PURCHASE OF AN I TEM 19
AT ABOVE FAIR MARKET VALUE, OR THE TRADE OF A PH YSICAL ITEM OF VALUE . 20
(BB) “RETAILER” MEANS AN ENTITY LICENSE D TO: 21
(1) PURCHASE CANNABIS FRO M CANNABIS ESTABLISH MENTS; AND 22
(2) SELL CANNABIS AND CAN NABIS PRODUCTS TO CO NSUMERS. 23
(CC) “SOCIAL EQUITY APPLICA NT” MEANS AN APPLICANT F OR A CANNABIS 24
ESTABLISHMENT LICENS E THAT: 25
(1) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 26
STATE RESIDENTS WHO H AVE RESIDED FOR AT L EAST 5 OF THE IMMEDIATELY 27
PRECEDING 10 YEARS IN A DISPROPOR TIONATELY IMPACTED A REA; 28 38 SENATE BILL 833
(2) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 1
STATE RESIDENTS WHO H AVE BEEN ARRESTED FOR , CONVICTED OF , OR FOUND 2
RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 3
EXPUNGEMENT UNDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 4
MEMBERS OF IMPACTED FAMILIES; 5
(3) HAS A MINIMUM OF 10 FULL–TIME EMPLOYEES , WITH AT LEAST 6
60% OF EMPLOYEES WHO : 7
(I) AT THE TIME OF APPLIC ATION, RESIDE IN A 8
DISPROPORTIONATELY I MPACTED AREA ; OR 9
(II) HAVE BEEN ARRESTED FO R, CONVICTED OF , OR FOUND 10
RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 11
EXPUNGEMENT UNDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 12
MEMBERS OF IMPACTED FAMILIES; OR 13
(4) MEETS ANY OTHER CRIT ERIA ESTABLISHED BY THE COMMISSION 14
BASED ON THE RESULTS OF A DISPARITY STUDY . 15
(DD) “SOCIAL EQUITY START–UP FUND” MEANS THE SOCIAL EQUITY 16
START–UP FUND ESTABLISHED UNDE R § 23–202 OF THIS TITLE. 17
(EE) “TRANSPORTER ” MEANS AN ENTITY LICE NSED UNDER THIS TITL E AND 18
AUTHORIZED BY THE COMMISSION TO TRANSPO RT CANNABIS BETWEEN CANNABIS 19
ESTABLISHMENTS . 20
SUBTITLE 2. OFFICE OF SOCIAL EQUITY. 21
23–201. 22
(A) THERE IS AN OFFICE OF SOCIAL EQUITY WITHIN THE COMMISSION. 23
(B) (1) THE GOVERNOR SHALL APPOIN T AN EXECUTIVE DIREC TOR OF 24
THE OFFICE OF SOCIAL EQUITY. 25
(2) THE EXECUTIVE DIRECTO R SHALL HAVE AT LEAS T 5 YEARS OF 26
EXPERIENCE IN CIVIL RIGHTS ADV OCACY, CIVIL RIGHTS LITIGAT ION, OR SOCIAL 27
JUSTICE. 28
(C) THE OFFICE OF SOCIAL EQUITY MAY EMPLOY STA FF AND RETAIN 29
CONTRACTORS AS MAY B E REQUIRED TO CARRY OUT THE FUNCTIONS OF THE 30 SENATE BILL 833 39
OFFICE. 1
(D) THE OFFICE OF SOCIAL EQUITY SHALL: 2
(1) PROMOTE AND ENCOURAGE FULL PARTICIPATION I N THE 3
REGULATED CANNABIS I NDUSTRY BY PEOPLE FR OM COMMUNITIES THAT HAVE 4
PREVIOUSLY BEEN DISP ROPORTIONATELY HARME D BY CANNABIS PROHIB ITION 5
AND ENFORCEMENT IN O RDER TO POSITIVELY I MPACT THOSE COMMUNIT IES; 6
(2) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 7
ADMINISTRATION OF TH E COMMUNITY REINVESTMENT AND REPAIR FUND; 8
(3) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 9
ADMINISTRATION OF TH E SOCIAL EQUITY START–UP FUND; 10
(4) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 11
ADMINISTRATION OF THE CANNABIS EDUCATION AND TRAINING FUND; 12
(5) ADVISE THE COMMISSION REGARDING REGULATIONS , 13
INCLUDING: 14
(I) ADVISING AGAINST IMPL EMENTING REGULATIONS AND 15
FINANCIAL REQUIREMEN TS THAT UNNECESSARIL Y IMPOSE FINANCIAL B URDENS 16
THAT UNDERMINE THE P URPOSES OF THIS SECTION; AND 17
(II) PROVIDING RECOMMENDAT IONS ON REGULATIONS 18
RELATED TO: 19
1. DIVERSITY; AND 20
2. SOCIAL EQUITY APPLICA TIONS; 21
(6) WORK WITH THE COMMISSION TO IMPLEME NT FREE TECHNICAL 22
ASSISTANCE FOR SOCIA L EQUITY AND MINORIT Y BUSINESS APPLICANTS; 23
(7) PRODUCE REPORTS AND R ECOMMENDATIONS ON DI VERSITY AND 24
EQUITY IN OWNERSHIP , MANAGEMENT , AND EMPLOYMENT IN TH E LEGAL CANNABIS 25
ECONOMY; AND 26
(8) DETERMINE WHICH INDIV IDUALS AND ENTITIES SHALL BE 27
GRANTED LOANS OR GRA NTS FROM THE SOCIAL EQUITY START–UP FUND, THE 28
CANNABIS EDUCATION AND TRAINING FUND, AND THE COMMUNITY 29
REINVESTMENT AND REPAIR FUND. 30 40 SENATE BILL 833
(E) ON OR BEFORE MARCH 1 EACH YEAR, THE OFFICE OF SOCIAL EQUITY 1
SHALL PRODUCE AND MA KE PUBLICLY AVAILABL E A REPORT ON HOW TH E 2
COMMUNITY REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP 3
FUND, AND THE CANNABIS EDUCATION AND TRAINING FUND WERE ALLOCATED 4
DURING THE IMMEDIATE LY PRECEDING YEAR . 5
(F) (1) ON OR BEFORE NOVEMBER 1 EACH YEAR, THE OFFICE OF SOCIAL 6
EQUITY SHALL SOLICIT PUBLIC INPUT ON THE USES OF THE COMMUNITY 7
REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP FUND, AND 8
THE CANNABIS EDUCATION AND TRAINING FUND. 9
(2) ON OR BEFORE DECEMBER 15 EACH YEAR, THE OFFICE OF 10
SOCIAL EQUITY SHALL PUBLISH A REVIEW OF INPUT RE CEIVED UNDER P ARAGRAPH 11
(1) OF THIS SUBSECTION . 12
23–202. 13
(A) (1) THERE IS A SOCIAL EQUITY START–UP FUND. 14
(2) THE PURPOSE OF THE SOCIAL EQUITY START–UP FUND IS TO 15
PROVIDE NO –INTEREST LOANS AND G RANTS TO SUPPORT BUS INESSES IN THE 16
LEGAL CANNABIS INDUS TRY THAT ARE SOCIA L EQUITY APPLICANTS . 17
(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 18
CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 19
EQUITY AND THE MARYLAND SMALL BUSINESS DEVELOPMENT FINANCING 20
AUTHORITY. 21
(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPONSIBILITY 22
FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES SH ALL 23
RECEIVE LOANS AND GR ANTS FROM THE FUND. 24
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 25
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
(II) THE STATE TREASURER SHALL HOLD THE FUND 27
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
(5) THE FUND CONSISTS OF : 29
(I) ALL LICENSING FEES PA ID BY DUAL LICENSES UNDER § 30
23–403 OF THIS TITLE; 31 SENATE BILL 833 41
(II) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 1
OF THE TAX – GENERAL ARTICLE; 2
(III) INTEREST EARNINGS ; AND 3
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 4
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 5
BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 6
(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PROGRAM 7
ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION , INCLUDING FOR ANY 8
ADMINISTRATIVE EXPEN SES RELATED TO THE P ROGRAM. 9
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 10
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 11
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 12
CREDITED TO THE FUND. 13
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 14
(I) THE GENERAL FUND OF THE STATE; OR 15
(II) ANY OTHER SPECIAL FUND OF T HE STATE. 16
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 17
DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 18
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 19
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 20
(B) (1) THE OFFICE OF SOCIAL EQUITY SHALL ESTABLIS H A PROGRAM 21
TO ALLOW APPLICANTS FOR LICENSES UNDER SUBTITLE 4 OF THIS TITLE THAT 22
QUALIFY AS A SOCIAL EQUITY APPLICANT TO APPLY FOR LOANS OR G RANTS FROM 23
THE SOCIAL EQUITY START–UP FUND. 24
(2) THE OFFICE OF SOCIAL EQUITY SHALL DEVELOP A PROCESS FOR 25
SELECTING APPLICANTS TO RECEIVE LOANS OR GRANTS FROM THE PROG RAM 26
ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION . 27
(3) THE OFFICE OF SOCIAL EQUITY SHALL ADOPT RE GULATIONS TO 28
IMPLEMENT THIS SUBSE CTION. 29 42 SENATE BILL 833
(C) AT THE END OF EACH FI SCAL YEAR, BEGINNING JUNE 30, 2026, IF THE 1
OFFICE OF SOCIAL EQUITY REPORTS THAT T HE SOCIAL EQUITY START–UP FUND 2
HAS A SURPLUS OF FUN DS AND THERE IS NO R EASONABLE EXPECTATIO N THAT THE 3
SURPLUS WILL BE NEED ED FOR LOANS OR GRAN TS TO SOCIAL EQUITY APP LICANTS, 4
THE OFFICE OF SOCIAL EQUITY MAY TRANSFER T HE EXCESS FUNDS IN T HE 5
FOLLOWING MANNER : 6
(1) HALF TO THE CANNABIS EDUCATION AND TRAINING FUND; AND 7
(2) HALF TO THE COMMUNITY REINVESTMENT AND REPAIR FUND. 8
23–203. 9
(A) (1) THERE IS A CANNABIS EDUCATION AND TRAINING FUND. 10
(2) THE PURPOSE OF THE CANNABIS EDUCATION AND TRAINING 11
FUND IS TO PROVIDE FR EE OR LOW–COST TRAINING AND ED UCATION FOR ALL 12
SECTORS OF THE CANNA BIS ECONOMY IN THE STATE. 13
(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 14
CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 15
EQUITY AND THE MARYLAND DEPARTMENT OF LABOR. 16
(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 17
FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES RE CEIVE 18
GRANTS FROM THE FUND. 19
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 20
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
(II) THE STATE TREASURER SHALL HOLD THE FUND 22
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 23
(5) THE FUND CONSISTS OF : 24
(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 25
OF THE TAX – GENERAL ARTICLE; 26
(II) INTEREST EARNINGS ; AND 27
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 28
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTED 29 SENATE BILL 833 43
BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 1
(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PURPOSE 2
OF THE FUND, INCLUDING FOR ANY RE LATED ADMINISTRATIVE EXPENSES. 3
(7) (I) THE STATE TREASURER SHALL I NVEST THE MONEY OF T HE 4
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 5
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 6
CREDITED TO THE FUND. 7
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 8
(I) THE GENERAL FUND OF THE STATE; OR 9
(II) ANY OTHER SPECIAL FUN D OF THE STATE. 10
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 11
DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 12
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 13
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 14
(B) THE FUND SHALL PROVIDE FU NDING FOR: 15
(1) HIGH SCHOOL CAREER AN D TECHNICAL EDUCATIO N PROGRAMS ; 16
(2) COMMUNITY COLLEGE PRO GRAMS; 17
(3) HISTORICALLY BLACK CO LLEGES AND UNIVERSIT IES; AND 18
(4) ADULT EDUCATION PROGR AMS. 19
(C) IN MAKING ALLOCATIONS FROM THE CANNABIS EDUCATION AND 20
TRAINING FUND, THE OFFICE OF SOCIAL EQUITY SHALL: 21
(1) DURING THE FIRST YEAR , ALLOCATE AT LEAST 5% OF THE FUNDS 22
TO CONDUCTING AND FU NDING OUTREACH TO TH E ELIGIBLE COMMUNITI ES, 23
EDUCATIONAL INSTITUT IONS, GOVERNMENT PROGRAMS , AND INDIVIDUALS TO 24
NOTIFY THEM OF THE CANNABIS EDUCATION AND TRAINING FUND GRANT 25
OPPORTU NITIES AND GIVE PRIO RITY TO ORGANIZATION S WITH A TRADITION O F 26
OUTREACH TO STAKEHOL DERS IN DISPROPORTIO NATELY IMPACTED AREA S; 27
44 SENATE BILL 833
(2) PRIORITIZE WORK –BASED LEARNING PROGR AMS; 1
(3) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 2
CAREER TRAINING FOR FORMERLY INCARCERATED INDIVIDUALS; 3
(4) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 4
CAREER TRAINING FOR INDIVIDUALS WHO RESI DE IN DISPROPORTIONA TELY 5
IMPACTED AREAS ; 6
(5) PROVIDE FUNDING TO TH E CAREER AND TECHNOLOGY 7
EDUCATION INNOVATION GRANT PROGRAM ESTABLISHED UN DER § 21–205 OF THE 8
EDUCATION ARTICLE TO DEVELOP A CTE CURRICULUM THAT INCL UDES 9
HANDS–ON CANNABIS CAREER T RAINING; 10
(6) PROVIDE FUNDING TO LO CAL WORKFORCE DEVELO PMENT 11
BOARDS TO ADD CANNAB IS CAREER TRAINING T O THEIR CAREER DEVEL OPMENT 12
PROGRAMS; AND 13
(7) PROVIDE FUNDING FOR T RAINING IN A BROAD R ANGE OF 14
CAREERS IN THE LEGAL CANNABIS INDUSTRY , INCLUDING POTENTIAL BUSINESS 15
OWNERS AND EMPLOYEES AND FOR WORK IN THE GROWING, PROCESSING, AND 16
RETAIL SECTORS . 17
(D) EDUCATIONAL PROGRAMS FUNDED BY THE FUND MAY USE HEMP 18
INSTEAD OF CANNABIS FOR HANDS–ON TRAINING. 19
(E) (1) THE FUND MAY BE USED TO P ROVIDE GRANTS TO ANY 20
ORGANIZATION CAPABLE OF PROVIDING TRAININ G RELEVANT TO THE LE GAL 21
CANNABIS INDUSTRY , WHICH MAY INCLUDE E DUCATIONAL INSTITUTI ONS, 22
NONPROFIT ORGANIZATI ONS, PRIVATE BUSINESSES , COMMUNITY GROUPS , UNITS 23
OF LOCAL GOVERNMENT , PROGRAMS OPERATED BY STATE AGENCIES , OR 24
PARTNERSHIPS BETWEEN DIFFERENT TYPES OF O RGANIZATIONS . 25
(2) THE OFFICE OF SOCIAL EQUITY SHALL CONS IDER THE DIVERSITY 26
OF APPLICANTS ’ BOARDS OF DIRECTORS AND OWNERSHIP WHEN I SSUING GRANTS . 27
(3) THE OFFICE OF SOCIAL EQUITY SHALL PRIORITI ZE TRAINING 28
PROGRAMS THAT PROVID E A PIPELINE TO CARE ERS, INCLUDING ASSISTING 29
STUDENTS WITH APPLIC ATIONS, RESUMES, AND INTERVIEW SCHEDULING AND 30
TRACKING THE EMPLOYM ENT OF STUDENTS IN T HE LEGAL CANNABIS IN DUSTRY. 31
(F) (1) THE COMMISSION MAY CREATE A PROGRAM TO ISSUE G RANTS TO 32
ELIGIBLE INDIVIDUALS TO PURSUE A TRAINING PROGRAM RELEVANT TO A CAREER 33 SENATE BILL 833 45
IN THE LEGAL CANNABI S INDUSTRY. 1
(2) GRANT FUNDS AWARDED T O ELIGIBLE INDIVIDUA LS: 2
(I) SHALL BE USED TO PAY THE COSTS OF ENROLLI NG IN A 3
TRAINING PROGRAM REL EVANT TO THE LEGAL C ANNABIS INDUSTRY , INCLUDING 4
TUITION, FEES, AND THE COST OF MATE RIALS; AND 5
(II) MAY BE USED TO RE MOVE EXTERNAL BARRIE RS TO 6
ATTENDING A TRAINING PROGRAM, INCLUDING THE COST O F CHILD CARE , 7
TRANSPORTATION , OR OTHER EXPENSES AP PROVED BY THE COMMISSION. 8
23–204. 9
(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 10
(2) THE PURPOSE OF THE FUND IS TO IMPROVE THE WELL –BEING OF 11
INDIVIDUALS AND COMM UNITIES THAT HAVE EX PERIENCED A DISPROPO RTIONATE 12
NEGATIVE IMPACT FROM POVERTY, UNEMPLOYMENT , CANNABIS PROHIBITION AND 13
ENFORCEMENT , MASS INCARCERATION , SYSTEMIC RACISM , OR A COMBINATION OF 14
THOSE FACTORS . 15
(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND IN 16
CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 17
EQUITY AND THE DEPARTMENT OF COMMERCE. 18
(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 19
FOR APPROVING APPLIC ATIONS AND DETERMI NING WHICH ENTITIES RECEIVE 20
GRANTS FROM THE FUND. 21
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 22
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 23
(II) THE STATE TREASURER SHALL HOLD THE FUND 24
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 25
(5) THE FUND CONSISTS OF : 26
(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 27
OF THE TAX – GENERAL ARTICLE; 28
(II) INTEREST EARNINGS ; AND 29
46 SENATE BILL 833
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 1
FOR THE BEN EFIT OF THE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 2
BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 3
(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PURPOSE 4
OF THE FUND, INCLUDING FOR ANY RE LATED ADMINISTRATIVE EXPENSES. 5
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 6
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 7
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 8
CREDITED TO THE FUND. 9
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 10
(I) THE GENERAL FUND OF THE STATE; OR 11
(II) ANY OTHER SPECIAL FUN D OF THE STATE. 12
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 13
DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 14
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 15
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 16
(B) BEFORE DETERMINING HO W FUNDS FROM THE COMMUNITY 17
REINVESTMENT AND REPAIR FUND WILL BE ALLOCATE D, THE OFFICE OF SOCIAL 18
EQUITY SHALL SOLICIT INPUT FROM THE IMPAC TED COMMUNITIES ON T HE 19
COMMUNITIES ’ NEEDS AND PRIORITIES FOR THE FUNDS , INCLUDING BY PROMOTI NG 20
AND HOLDING PUBLIC MEETI NGS IN AT LEAST 20 OF THE CENSUS TRACT AREAS 21
THAT HAVE BEEN SIGNI FICANTLY IMPACTED BY POVERTY, UNEMPLOYMENT , 22
CANNABIS PROHIBITION , MASS INCARCERATION , OR SYSTEMIC RACISM . 23
(C) (1) THE OFFICE OF SOCIAL EQUITY SHALL DISTRIBU TE FUNDS FROM 24
THE COMMUNITY REINVESTMENT AND REPAIR FUND IN A MANNER THAT IMPROVES 25
THE WELL –BEING OF COMMUNITIES AND INDIVIDUALS THAT HAVE BEEN 26
SIGNIFICANTLY IMPACT ED BY POVERTY, UNEMPLOYMENT , CANNABIS PROHIBITION , 27
MASS INCARCERATION , OR SYSTEMIC RACISM . 28
(2) THE OFFICE OF SOCIAL EQUITY MAY USE THE FUND TO AWARD 29
GRANTS TO NONPROFIT ORGANIZATIONS OR ALL OCATIONS TO GOVERNME NT 30
AGENCIES FOR : 31
SENATE BILL 833 47
(I) HOUSING ASSISTANCE , INCLUDING TO PROMOTE HOME 1
OWNERSHIP AMONG MEMB ERS OF MINORITY GROU PS THAT ARE 2
UNDERREPRESENTED IN HOME OWNERSHIP DUE TO REDLINING OR 3
DISCRIMINATION ; 4
(II) RE–ENTRY SERVICES , INCLUDING JOB TRAINI NG AND 5
PLACEMENT ; 6
(III) SCHOLARSHIP ASSISTANC E FOR LOW–INCOME STUDENTS ; 7
(IV) GRANTS TO COMMUNITY –BASED ORGANIZATIONS TO 8
PROVIDE SERVICES TO PREVENT VIOLENCE, SUPPORT YOUTH DEVELO PMENT, 9
PROVIDE EARLY INTERV ENTION FOR YOUTH AND FAMILIES, AND PROMOTE 10
COMMUNITY STABILITY AND SAFETY; 11
(V) SMALL BUSINESS LOANS FOR RESIDENTS OF THE 12
COMMUNITIES DESCRIBE D IN PARAGRAPH (1) OF THIS SUBSECTION ; AND 13
(VI) LEGAL OR CIVIC AID, INCLUDING TO PROVIDE ASSISTANCE 14
IN OBTAINING AN EXPU NGEMENT. 15
SUBTITLE 3. CANNABIS REGULATION. 16
23–301. 17
(A) (1) ON OR BEFORE MARCH 1, 2023, THE COMMISSION SHALL ADOP T 18
REGULATIONS NECESSAR Y TO ISSUE AND REGUL ATE DUAL LICENSES ON AN 19
EXPEDITED BASIS . 20
(2) THE COMMISSION SHALL ATTE MPT TO HARMONIZE THE 21
REGULATIONS WITH THE REGULATIONS ISSUED B Y THE NATALIE M. LAPRADE 22
MEDICAL CANNABIS COMMISSION TO MINIMIZ E HARDSHIP TO DUAL L ICENSEES. 23
(3) THE REGULATIONS SHALL : 24
(I) INCLUDE PROCEDURES TO ALLOW MEDICAL CANNABIS 25
DISPENSARIES, MEDICAL CANNABIS PRO CESSORS, MEDICAL CANNABIS 26
INDEPENDENT TESTING LABORATORIES , OR MEDICAL CANNABIS GROWERS TO 27
APPLY FOR A DUAL LIC ENSE BY: 28
1. PAYING AN APPLICATION AND LICENSING FEE IN AN 29
AMOUNT ESTA BLISHED BY THE DEPARTMENT , IN ADDITION TO THE F EE PAYABLE 30
TO THE SOCIAL EQUITY START–UP FUND UNDER § 23–403 OF THIS TITLE; 31 48 SENATE BILL 833
2. A. SUBMITTING A DOCUMENT FROM THE NATALIE 1
M. LAPRADE MEDICAL CANNABIS COMMISSION STATING TH AT THE APPLICANT 2
HAS NOT BEEN SAN CTIONED FOR MULTIPLE OR SERIOUS VIOLATION S OF THE 3
NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION’S RULES AND 4
REGULATIONS AND IS I N COMPLIANCE WITH TH OSE RULES AND REGULA TIONS; OR 5
B. IF THE NATALIE M. LAPRADE MEDICAL CANNABIS 6
COMMISSION FAILS TO R ESPOND TO A REQUEST FOR T HE DOCUMENTATION 7
DESCRIBED IN ITEM A OF THIS ITEM WITHIN 30 DAYS AFTER RECEIVING THE 8
WRITTEN REQUEST , SUBMITTING AN AFFIDA VIT FROM THE CHIEF E XECUTIVE 9
OFFICER OR BOARD PRE SIDENT OF THE APPLIC ANT STATING THAT THE APPLICANT 10
HAS NOT BEEN S ANCTIONED FOR MULTIP LE OR SERIOUS VIOLAT IONS OF THE 11
NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION’S RULES AND 12
REGULATIONS AND IS I N COMPLIANCE WITH TH OSE RULES AND REGULA TIONS; AND 13
3. SUBMITTING A PLAN EXP LAINING HOW THE 14
APPLICANT INTENDS TO CONTINUE SERVING PATIENTS REG ISTERED WITH THE 15
NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, WITHOUT INCREASING 16
PRICES OR REDUCING P RODUCT AVAILABILITY ; 17
(II) REQUIRE THAT , WHEN THE COMMISSION NEEDS TO 18
EMPLOY AN INDIVIDUAL TO FILL A POSITION R ELATED TO CANNABI S REGULATION , 19
THE COMMISSION GIVE EMPLO YEES OF THE NATALIE M. LAPRADE MEDICAL 20
CANNABIS COMMISSION WHO PERFOR M SIMILAR DUTIES AS THE POSITION TO BE 21
FILLED A ONE–TIME RIGHT OF FIRST REFUSAL OFFER OF EMP LOYMENT WITH THE 22
COMMISSION; 23
(III) INCLUDE PROCEDURE S FOR SUSPENDING A D UAL LICENSE 24
FOR A MEDICAL CANNAB IS BUSINESS THAT HAS FAILED TO MAINTAIN R EASONABLE 25
PRICES AND PRODUCT A VAILABILITY FOR QUAL IFYING PATIENTS DURI NG THE 26
PERIOD OF EXPEDITED LICENSING; AND 27
(IV) ADDRESS CANNABIS SOLD FOR ADULT USE , INCLUDING 28
WARNING LABELS . 29
(4) THE COMMISSION MAY ISSUE DUAL LICENSES UNDER THIS 30
SUBSECTION ONLY FOR THE TYPE OR TYPES OF LICENSES ISSUED AND LOCATIONS 31
WHERE THE APPLICANT IS AUTHORIZED TO OPE RATE UNDER TITLE 13, SUBTITLE 32
33 OF THIS ARTICLE. 33
(B) (1) ON OR B EFORE OCTOBER 1, 2023, THE COMMISSION, IN 34
CONSULTATION WITH TH E OFFICE OF SOCIAL EQUITY, SHALL ADOPT REGULATI ONS 35 SENATE BILL 833 49
NECESSARY FOR IMPLEM ENTATION OF THE REMA INDER OF THIS TITLE . 1
(2) THE REGULATIONS MAY N OT: 2
(I) PROHIBIT THE OPERATIO N OF CANNABIS 3
ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH THE APPLICAT ION OF THE 4
REGULATIONS ; OR 5
(II) REQUIRE A HIGH INVEST MENT OF RISK, MONEY, TIME, OR 6
ANY OTHER RESOURCE O R ASSET THAT WOULD R ESULT IN THE OPERATI ON OF A 7
CANNABIS ESTABLISHME NT BEING CONSIDERED NOT WORTHY O F BEING CARRIED 8
OUT IN PRACTICE BY A REASONABLY PRUDENT B USINESSPERSON . 9
(3) THE REGULATIONS SHALL INCLUDE: 10
(I) PROCEDURES FOR THE IS SUANCE, RENEWAL, SUSPENSION, 11
AND REVOCATION OF A LICENSE TO OPERATE A CANNABIS ESTABLISHME NT; 12
(II) RULES, PROCEDURES , AND POLICIES TO PROM OTE AND 13
ENCOURAGE FULL PARTI CIPATION IN THE REGU LATED CANNABIS INDUS TRY BY 14
PEOPLE FROM COMMUNIT IES THAT HAVE PREVIO USLY BEEN 15
DISPROPORTIONATELY H ARMED BY CANNABIS PR OHIBITION AND ENFORC EMENT 16
AND TO POSITIVELY IM PACT THOSE CO MMUNITIES AND THAT R EFLECT INPUT FROM 17
THE OFFICE OF SOCIAL EQUITY, INCLUDING: 18
1. CONDUCTING NECESSARY AND APPROPRIATE 19
OUTREACH TO DIVERSE GROUPS THAT MAY QUAL IFY FOR PARTICIPATIO N IN 20
ACTIVITIES UNDER THI S TITLE; 21
2. REQUIRING EACH CANNAB IS ESTABLISHMENT TO 22
ESTABLISH AND ADHERE TO POLICIES THAT ENC OURAGE DIVERSITY IN 23
EMPLOYMENT , CONTRACTING , AND OTHER PROFESSION AL OPPORTUNITIES ; 24
3. REQUIRING ANY CANNABI S ESTABLISHMENT WITH 25 25
OR MORE EMPLOYEES TO RETAIN A DIVERSITY O FFICER; 26
4. REQUIRING EA CH CANNABIS ESTABLIS HMENT TO 27
REPORT ON THE DIVERS ITY OF ITS WORKFORCE , MANAGEMENT , CONTRACTS, AND 28
OWNERSHIP ON OR BEFO RE JANUARY 1 EACH YEAR; 29
5. ISSUING REGULATIONS A LLOWING SOCIAL EQUIT Y 30
APPLICANTS TO APPLY FOR, AND BE LICENSED FOR , CULTIVATOR AND P ROCESSOR 31
LICENSES NOT LESS TH AN 180 DAYS BEFORE APPLICAN TS THAT ARE NOT SOCI AL 32 50 SENATE BILL 833
EQUITY APPLICANTS OR THAT DO NOT HOLD DUA L LICENSES; AND 1
6. PROVIDING THAT DELIVE RY AND TRANSPORTATIO N 2
LICENSES ARE AVAILAB LE EXCLUSIVELY TO SO CIAL EQUITY APPLICAN TS; 3
(III) AN APPLICATION REVIEW PROCESS FOR GRANTING 4
LICENSES; 5
(IV) A PROCESS TO ALLOW CUL TIVATORS TO MOVE TO ANOTHER 6
TIER OF LICENSE , INCLUDING PROVISIONS ALLOWING DUAL LICENS EES THAT ARE 7
INITIALLY LICENSED I N A TIER ABOVE TIER 5 TO INCREASE PRODUCTI ON ON 8
DEMONSTRATING THAT A DDITIONAL CULTIVATIO N SUPPLY IS NEEDED ; 9
(V) A SCHEDULE OF REASONAB LE APPLICATION , LICENSE, AND 10
RENEWAL FEES THAT : 11
1. ESTABLISHES APPLICATI ON FEES IN AN AMOUNT NOT 12
EXCEEDING $5,000, AS ADJUSTED ANNUALLY FOR INFLATION , UNLESS THE 13
COMMISSION DETERMINES A GREATER FEE IS NEC ESSARY TO CARRY OUT ITS 14
RESPONSIBILITIES UND ER THIS TITLE OR ANO THER FEE AMOUNT IS R EQUIRED 15
UNDER THIS TITLE ; 16
2. REDUCES APPLICATION , LICENSING, AND RENEWAL 17
FEES BY 50% FOR SOCIAL EQUITY AP PLICANTS OR LICENSEES THAT QUALI FY AS A 18
SOCIAL EQUITY APPLIC ANT; 19
3. BASES APPLICATION AND LICENSING FEES FOR 20
CULTIVATION ON TIER , WITH SUBSTANTIALLY L OWER FEES FOR TIER 1 21
CULTIVATORS THAN TIER 5 CULTIVATORS ; AND 22
4. SETS APPLICATION AND LICENSING FEES FOR CLASS 23
B PROCESSORS SUBSTANTI ALLY LOWER THAN APPL ICATION AND LICENSIN G FEES 24
FOR CLASS A PROCESSORS ; 25
(VI) QUALIFICATIONS FOR A LICENSE THAT ARE DIR ECTLY AND 26
DEMONSTRABLY RELATED TO THE OPERATION OF A CANNABIS ESTABLISH MENT 27
AND THAT DO NOT DISQ UALIFY APPLICA NTS FOR CANNABIS OFF ENSES OCCURRING 28
BEFORE OCTOBER 1, 2022; 29
(VII) SECURITY REQUIREMENTS ; 30
(VIII) REQUIREMENTS FOR THE SECURE TRANSPORTATIO N AND 31
STORAGE OF CANNABIS AND CANNABIS PRODUCT S BY CANNABIS ESTABL ISHMENTS; 32 SENATE BILL 833 51
(IX) REQUIREMENTS FOR DELI VERY SERVICES, INCLUDING: 1
1. SECURITY REQUIREMENTS ; 2
2. A PROHIBITION ON BUSIN ESS NAMES, LOGOS, AND 3
OTHER IDENTIFYING LA NGUAGE OR IMAGES ON DELIVERY VEHICLES ; AND 4
3. A PROHIBITION ON DELIV ERING TO ANY ADDRESS 5
LOCATED ON LAND OWNE D BY THE FEDERAL G OVERNMENT OR ANY ADD RESS ON 6
LAND OR IN A BUILDIN G LEASED BY THE FEDE RAL GOVERNMENT ; 7
(X) EMPLOYMENT AND TRAINI NG REQUIREMENTS THAT DO 8
NOT DISQUALIFY APPLI CANTS BASED ON CANNA BIS OFFENSES OCCURRI NG BEFORE 9
OCTOBER 1, 2022, INCLUDING A REQUIREM ENT THAT EA CH CANNABIS 10
ESTABLISHMENT CREATE AN IDENTIFICATION BA DGE FOR EACH AGENT ; 11
(XI) REQUIREMENTS DESIGNED TO PREVENT THE SALE OR 12
DIVERSION OF CANNABI S AND CANNABIS PRODU CTS TO INDIVIDUALS U NDER THE 13
AGE OF 21; 14
(XII) REQUIREMENTS FOR CANN ABIS AND CANNABIS PRODUCTS 15
SOLD OR DISTRIBUTED BY A CANNABIS ESTABL ISHMENT, INCLUDING: 16
1. A REQUIREMENT THAT LAB ELS BE ACCURATE AND 17
NOT MISLEADING ; 18
2. A REQUIREMENT THAT CAN NABIS PRODUCT LABELS 19
INCLUDE: 20
A. THE LENGTH OF TIME IT TYPICALLY TAKES FOR THE 21
PRODUCT TO TAKE EFFECT ; 22
B. A DISCLOSURE OF INGRED IENTS AND POSSIBLE 23
ALLERGENS; AND 24
C. A NUTRITIONAL FACT PAN EL; 25
3. A REQUIREMENT THAT CAN NABIS PRODUCTS HAVE 26
OPAQUE, CHILD–RESISTANT PACKAGING THAT IS DESIGNED OR CONSTRUCTED TO 27
BE SIGNIFICANTLY DIF FICULT FOR CHILDREN UN DER 5 YEARS OF AGE TO OPEN AND 28
NOT DIFFICULT FOR NO RMAL ADULTS TO USE P ROPERLY AS DEFINED B Y 16 C.F.R. 29
1700.20 (1995); AND 30 52 SENATE BILL 833
4. A REQUIREMENT THAT EDI BLE CANNABIS PRODUCT S 1
BE CLEARLY IDENTIFIA BLE, WHEN PRACTICABLE , WITH A STANDARD SY MBOL 2
INDICATING THAT IT C ONTAINS CANNABIS ; 3
(XIII) HEALTH AND SAFETY REG ULATIONS AND STANDAR DS FOR 4
THE MANUFACTURE OF C ANNABIS PRODUCTS AND BOTH THE INDOOR AND OUTDOOR 5
CULTIVATION OF CANNA BIS BY CANNABIS ESTA BLISHMENTS; 6
(XIV) REGULATIONS CONCERNIN G ADVERTISING AND SIGN AGE, 7
INCLUDING RULES FOR AUDIENCE COMPOSITION TO REDUCE THE LIKELI HOOD OF 8
ADVERTISING EXPOSURE FOR MINORS; 9
(XV) CREATION OF A LICENSU RE TIER SYSTEM FOR 10
CULTIVATORS THAT : 11
1. IS BASED ON TOTAL CAN OPY; 12
2. ALLOWS CULTIVATORS T O APPLY TO MOVE TO 13
ANOTHER TIER ; 14
3. BASES FEES ON TIER ; AND 15
4. INCLUDES, AT MINIMUM, THE FOLLOWING TIERS OF 16
CULTIVATION LICENSES : 17
A. TIER 1 CULTIVATOR OR MICROB USINESS THAT 18
AUTHORIZES THE CULTI VATOR TO GROW A TOTA L CANOPY OF NOT MORE THAN 5,000 19
SQUARE FEET FOR INDO OR CULTIVATION OR 15,000 SQUARE FEET FOR OUTD OOR 20
CULTIVATION; 21
B. TIER 2 CULTIVATOR THAT AUTH ORIZES THE 22
CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 10,000 SQUARE FEET 23
FOR INDOOR CULTIVATI ON OR 30,000 SQUARE FEET FOR OUT DOOR CULTIVATION ; 24
C. TIER 3 CULTIVATOR THAT AUTH ORIZES THE 25
CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 20,000 SQUARE FEET 26
FOR INDOOR CULTIVATI ON OR 60,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 27
D. TIER 4 CULTIVATOR THAT AUTH ORIZES A 28
CULTIVATOR TO GROW A TOTAL C ANOPY OF NOT MORE TH AN 35,000 SQUARE FEET 29
FOR INDOOR CULTIVATI ON OR 105,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 30
SENATE BILL 833 53
E. TIER 5 CULTIVATOR THAT AUTH ORIZES A 1
CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 50,000 SQUARE FEET 2
FOR INDOOR CULTIVATION OR 150,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 3
F. ADDITIONAL TIERS NECE SSARY TO ACCOMMODATE 4
THE TOTAL GROWTH CAN OPY OF ANY DUAL LICE NSEE AS OF THE DATE OF 5
LICENSURE; AND 6
G. ADDITIONAL TIERS NECE SSARY TO ACCOMMODATE 7
THE EXPANSION OF CULTIVATORS IN TIER 5 OR ABOVE THAT CAN DE MONSTRATE 8
THAT THEY HAVE BEEN OPERATING AT OR NEAR THE CANOPY LIMIT OF THEIR TIER 9
AND THAT THERE IS DE MAND FOR INCREASED C ULTIVATION; 10
(XVI) RESTRICTIONS OR PROHI BITIONS ON ADDITIVES TO 11
CANNABIS AND CANNABI S–INFUSED PRODUCTS , INCLUDING ADDITIVES THAT ARE 12
TOXIC OR DESIGNED TO MAKE THE PRODUCT MOR E ADDICTIVE; 13
(XVII) PROHIBITIONS ON PRODU CTS THAT ARE DESIGNE D TO 14
MAKE THE PRODUCT MOR E APPEALING TO CHILD REN, INCLUDING A PROHIBIT ION 15
ON THE USE OF ANY IM AGES DESIGN ED OR LIKELY TO APPE AL TO MINORS , 16
INCLUDING CARTOONS , TOYS, ANIMALS, OR CHILDREN , AND ANY OTHER LIKENE SS 17
TO IMAGES, CHARACTERS , OR PHRASES THAT ARE POPULARLY USED TO AD VERTISE 18
TO CHILDREN; 19
(XVIII) TESTING REQUIREMENTS AND STANDARDS FOR TH E 20
OPERATIONS O F TESTING LABS , THAT ARE IDENTICAL T O THOSE ISSUED UNDER 21
TITLE 13, SUBTITLE 33 OF THIS ARTICLE, EXCEPT THAT THE REQU IREMENTS AND 22
STANDARDS MAY BE LES S RIGOROUS IF THE COMMISSION FINDS LESS RIGOROUS 23
STANDARDS ARE WARRAN TED DUE TO THE DIFFE RENCES BETWEEN ADU LT–USE 24
CONSUMERS AND MEDICA L PATIENTS; 25
(XIX) SPECIFICATIONS GOVERN ING VISITS TO CULTIV ATORS AND 26
PROCESSORS , INCLUDING A REQUIREM ENT THAT THE CANNABI S ESTABLISHMENT 27
LOG VISITORS; 28
(XX) A DEFINITION OF THE AM OUNT OF 29
DELTA–9–TETRAHYDROCANNABINOL THAT CONSTITUTES A SINGLE SERVING IN A 30
CANNABIS PRODUCT ; 31
(XXI) STANDARDS FOR THE SAF E MANUFACTURE OF CAN NABIS 32
EXTRACTS AND CONCENT RATES; 33
(XXII) REQUIREMENTS THAT EDU CATIONAL MATERIALS B E 34 54 SENATE BILL 833
DISSEMINATED TO CONS UMERS WHO PURCHASE C ANNABIS–INFUSED PRODUCTS ; 1
(XXIII) REQUIREMENTS FOR RAND OM SAMPLE TESTING TO 2
ENSURE QUALITY CONTR OL, INCLUDING: 3
1. BY ENSURING THAT CANN ABIS AND 4
CANNABIS–INFUSED PRODUCTS ARE ACCURATELY LABELED F OR POTENCY; AND 5
2. UNLESS THE COMMISSION DETERMINES THAT 6
REMEDIATION OR T REATMENT IS SUFFICIE NT TO ENSURE PRODUCT SAFETY, A 7
REQUIREMENT THAT TES TING INCLUDE TESTING FOR: 8
A. RESIDUAL SOLVENTS , POISONS, OR TOXINS; 9
B. HARMFUL CHEMICALS ; 10
C. DANGEROUS MOLDS OR MI LDEW; 11
D. FILTH; AND 12
E. HARMFUL MICROBIALS SU CH AS E. COLI OR 13
SALMONELLA AND PESTI CIDES; 14
(XXIV) CIVIL PENALTIES OF UP TO $20,000 FOR FAILURE TO 15
COMPLY WITH REGULATI ONS ADOPTED IN ACCOR DANCE WITH THIS TITL E; 16
(XXV) PROCEDURES FOR COLLEC TING TAXES LEVIED ON 17
CANNABIS ESTABLISHME NTS; 18
(XXVI) REQUIREMENTS FOR ON –SITE CONSUMPTION 19
ESTABLISHMENTS , INCLUDING FOR SECURI TY, VENTILATION, ODOR CONTROL , AND 20
CONSUMPTION BY PATRO NS, THAT MAY NOT PROHIBI T AN ON–SITE CONSUMPTION 21
LICENSEE ALSO HOLDIN G AN APPROPRIATE LICENSE TO SELL BEER AND WINE FOR 22
ON–PREMISES CONSUMPTION FROM SEL LING BEER AND WINE I F APPROVED BY THE 23
LOCALITY IN WHICH TH E ON–SITE CONSUMPTION EST ABLISHMENT PLANS TO 24
OPERATE; 25
(XXVII) PROCEDURES FOR INVENT ORY MANAGEMENT AND 26
TRACKING THAT MAY NO T REQUIRE THE DIFFER ENTIATION BETWEEN AD ULT–USE 27
OR MEDICAL CANNABIS OR CANNABIS PRODUCTS BE FORE THE POINT OF SA LE, 28
EXCEPT FOR HIGH –POTENCY CANNABIS PRO DUCTS ALLOWED FOR PA TIENTS THAT 29
EXCEED POTENCY LIMIT S SET FOR ADULT–USE CANNABIS PRODUCT S; AND 30
SENATE BILL 833 55
(XXVIII) PROCEDURES ALLOWING C ANNABIS 1
ESTABLISHMENTS TO O BTAIN AND SELL HEMP AND HEMP PRODUCTS AN D 2
MANUFACTURE PRODUCTS USING HEMP–DERIVED ISOLATE . 3
(C) (1) AFTER CONSULTING WITH RESEARCHERS KNOWLEDG EABLE 4
ABOUT THE RISKS AND BENEFITS OF CANNABIS AND PROVIDING AN OPP ORTUNITY 5
FOR PUBLIC COMMENT , THE COMMISSION SHALL DEVELOP A SCIE NTIFICALLY 6
ACCURATE SAFETY INFO RMATION LABEL , HANDOUT, OR BOTH. 7
(2) THE SAFETY INFORMATIO N MATERIALS DEVELOPE D UNDER 8
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE TO EACH CONSUMER . 9
(3) THE SAFETY INFORMATIO N MATERIALS DEVEL OPED UNDER 10
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 11
(I) ADVICE ABOUT THE POTE NTIAL RISKS OF CANNA BIS, 12
INCLUDING: 13
1. THE RISKS OF DRIVING UNDER THE INFLUENCE OF 14
CANNABIS AND THE FAC T THAT DOING SO IS ILLEGAL; 15
2. ANY ADVERSE EFFECTS U NIQUE TO YOUNGER 16
ADULTS, INCLUDING EFFECTS RE LATED TO THE DEVELOP ING MIND; 17
3. POTENTIAL ADVERSE EVE NTS AND OTHER RISKS ; AND 18
4. RISKS OF USING CANNAB IS DURING PREGNANCY OR 19
BREASTFEEDING ; AND 20
(II) A WARNING ABOUT THE NE ED TO SAFEGUARD ALL 21
CANNABIS AND CANNABIS PRODUCT S FROM CHILDREN AND PETS. 22
(D) (1) THE COMMISSION SHALL REVI EW AND UPDATE THE SA FETY 23
INFORMATION MATERIAL S DEVELOPED UNDER SU BSECTION (C)(1) OF THIS 24
SECTION AT LEAST ONC E EVERY 2 YEARS TO ENSURE THE MATERIALS REMAIN 25
ACCURATE. 26
(2) THE REVIEW PERIOD SHA LL INCLUDE THE SOLIC ITATION OF 27
INPUT FROM RESEARCHE RS KNOWLEDGEABLE ABO UT THE RISKS AND BEN EFITS OF 28
CANNABIS AND AN OPPO RTUNITY FOR PUBLIC C OMMENT. 29
(E) IN ORDER TO ENSURE TH AT INDIVIDUAL PRIVAC Y IS PROTECTED: 30
56 SENATE BILL 833
(1) THE COMMISSION M AY NOT REQUIRE A CON SUMER TO PROVIDE A 1
RETAILER WITH PERSON AL INFORMATION OTHER THAN GOVERNMENT –ISSUED 2
IDENTIFICATION TO DE TERMINE THE CONSUMER ’S AGE; AND 3
(2) A RETAILER MAY NOT BE REQUIRED TO ACQUIRE AND RECORD 4
PERSONAL INFORMATION ABOUT CONSUMERS . 5
(F) (1) THE COMMISSION SHALL DEVE LOP POLICIES AND PRO CEDURES 6
GOVERNING THE COMMISSION’S APPROVAL OF TRANSF ER OF LICENSES. 7
(2) THE POLICIES AND PROC EDURES MAY NOT PROHI BIT THE 8
TRANSFER OF A LICENS E FROM A SOCIAL EQUI TY APPLICANT TO A NO NSOCIAL 9
EQUITY APPLICANT. 10
(3) THE POLICIES AND PROC EDURES MAY REQUIRE T HAT, BEFORE 11
THE TRANSFER IS APPR OVED: 12
(I) ADDITIONAL CONDITIONS BE MET; 13
(II) A REASONABLE PERIOD OF TIME ELAPSE BEFORE T HE 14
TRANSFER; OR 15
(III) A REASONABLE REIMBURSE MENT TO THE SOCIAL EQUITY 16
START–UP FUND BE MADE. 17
SUBTITLE 4. CANNABIS LICENSING. 18
23–401. 19
(A) EACH APPLICATION OR R ENEWAL APPLICATION F OR A LICENSE TO 20
OPERATE A CANNABIS E STABLISHMENT SHALL B E SUBMITTED TO THE COMMISSION. 21
(B) CANNABIS ESTABLISHMEN TS, AND THE BOOKS AND RECORDS 22
MAINTAINED AND CREAT ED BY CANNABIS ESTAB LISHMENTS, ARE SUBJECT TO 23
INSPECTION BY THE COMMISSION. 24
(C) ON DENIAL OF AN APPLI CATION, THE COMMISSION SHALL NOTI FY THE 25
APPLICANT IN WRITING OF THE SPECIFIC REAS ON FOR ITS DENIAL . 26
(D) THE COMMISSION MAY IMPOSE PENALTIES OR RESCIND THE LICENSE 27
OF A CANNABIS ESTABL ISHMENT THAT DOES NO T MEET THE STANDARDS FOR 28
LICENSURE SET BY THE COMMISSION. 29
SENATE BILL 833 57
(E) EXCEPT AS PROVIDED IN § 23–403(E) OF THIS SUBTITLE , A CANNABIS 1
ESTABLISHMENT LICENS E IS VALID FOR: 2
(1) 1 YEAR ON INITIAL LICE NSURE; AND 3
(2) 2 YEARS ON RENEWAL . 4
23–402. 5
(A) A PERSON MAY NOT HOLD A LEGAL, EQUITABLE, OR BENEFICIAL 6
INTEREST OF 5% OR MORE, DIRECTLY OR INDIRECT LY, IN MORE THAN: 7
(1) ONE CULTIVATOR ; OR 8
(2) FIVE RETAILERS. 9
(B) A CULTIVATOR MAY NOT PRODUC E CANNABIS CONCENTRA TES, 10
TINCTURES, EXTRACTS, OR OTHER CANNABIS PR ODUCTS UNLESS THE CU LTIVATOR 11
IS ALSO LICENSED AS A PROCESSOR. 12
(C) A CULTIVATOR MAY NOT C ULTIVATE MEDICAL CAN NABIS UNLESS THE 13
CULTIVATOR IS A DUAL LICENSEE. 14
(D) A PROCESSOR MAY NOT PROCES S OR PRODUCE MEDICAL CANNABIS OR 15
MEDICAL CANNABIS PRO DUCTS UNLESS THE PRO CESSOR IS A DUAL LIC ENSEE. 16
(E) A RETAILER MAY NOT SEL L MEDICAL CANNABIS O R MEDICAL CANNABIS 17
PRODUCTS TO PATIENTS UNLESS THE RETAILER IS A DUAL LICENSEE . 18
23–403. 19
(A) THE COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING 20
APPLICATIONS FOR DUA L LICENSES FROM MEDI CAL CANNABIS DISPENS ARIES, 21
MEDICAL CANNABIS PRO CESSORS, MEDICAL CANNABIS IND EPENDENT TESTING 22
LABORATORIES , AND MEDICAL CANNABIS GROWERS NOT LATER TH AN APRIL 1, 23
2023. 24
(B) WITHIN 45 DAYS AFTER RECEIVING AN APPLICATION AND A LL FEES FOR 25
A DUAL LICENSE FROM A MEDICAL CANNABIS D ISPENSARY, MEDICAL CANNABIS 26
PROCESSOR, MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, OR 27
MEDICAL CANNABIS GRO WER, THE COMMISSION SHALL ISSUE A DUAL LICENSE TO 28
THE APPLICANT , UNLESS THE COMMISSION: 29
58 SENATE BILL 833
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 1
REGULATIONS ADOPTED UNDER § 23–301(A) OF THIS TITLE; OR 2
(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 3
IS NOT IN COMPLIANCE WITH LOCAL LAW . 4
(C) (1) BEFORE BEING ISSUED A DUAL LICENSE UNDER T HIS SECTION, 5
EACH APPLICANT SHALL PAY A LICENSING FEE OF: 6
(I) FOR A MEDICAL CANNABI S GROWER: 7
1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 8
SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $500,000; OR 9
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 10
ITEM IS LESS THAN $100,000, $100,000; 11
(II) FOR A MEDICAL CANNABI S DISPENSARY: 12
1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 13
SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $100,000; OR 14
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 15
ITEM IS LESS THAN $50,000, $50,000; OR 16
(III) FOR A MEDICAL CANNABI S PROCESSOR: 17
1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 18
SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $250,000; OR 19
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 20
ITEM IS LESS THAN $25,000, $25,000. 21
(2) ALL FEES PAID IN ACCO RDANCE WITH THIS SUB SECTION SHALL 22
BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 23
(3) THE COMMISSION SHALL RED UCE DUAL LICENSE FEE S FOR ANY 24
ENTITY THAT QUALIFIE S AS A SOCIAL EQUITY APPLICANT. 25
(4) THE COMMISSION MAY REDUCE DUAL LICENSE FEES BY AT LEAST 26
50% FOR ANY APPLICANT TH AT IS A CERTIFIED MI NORITY–OWNED BUSINESS . 27
(5) A MEDICAL CANNABIS IND EPENDENT TESTING LABORATORY I S 28 SENATE BILL 833 59
NOT REQUIRED TO PAY A LICENSING FEE. 1
(D) (1) FOR AN INITIAL RENEWA L, EACH APPLICANT SHALL PAY A 2
LICENSING FEE OF : 3
(I) FOR A MEDICAL CANNABI S GROWER: 4
1. THE LOWER OF 5.0% OF THE BUSINESS ’S TOTAL 5
SALES FOR THE 6 MONTHS IMMEDIATELY PRECEDIN G THE PAYMENT , OR $250,000; 6
OR 7
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 8
ITEM IS LESS THAN $100,000, $100,000; 9
(II) FOR A MEDICAL CANNABI S DISPENSARY: 10
1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 11
SALES FOR THE 6 MONTHS IMMEDIATELY PRE CEDING THE PAYMENT , OR $150,000; 12
OR 13
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 14
ITEM IS LESS THAN $50,000, $50,000; OR 15
(III) FOR A MEDICAL CANNABI S PROCESSOR , THE LOWER OF 16
2.5% OF THE BUSINESS ’S TOTAL SALES FOR TH E 6 MONTHS IMMEDIATELY 17
PRECEDING THE PAYMEN T, OR $250,000. 18
(2) A MEDICAL CANNABIS GRO WER, DISPENSARY, OR PROCESSOR 19
MAY ELECT TO DIRECT , WITH COMMISSION APPROVAL , UP TO 50% OF THE FEE PAID 20
UNDER THIS SUBSECTIO N TOWARD THE COSTS A SSOCIATED WITH HOSTI NG A 21
CANNABIS BUSINESS INCUBATOR P ROGRAM. 22
(3) THE COMMISSION SHALL REDU CE DUAL LICENSE RENE WAL FEES 23
UNDER THIS SUBSECTIO N FOR ANY APPLICANT WITH 51% OR MORE OWNERSHIP 24
THAT QUALIFIES AS A SOCIA L EQUITY APPLICANT B Y AT LEAST 50%. 25
(4) ALL FEES PAID IN ACCO RDANCE WITH THIS SUBSECTION SHAL L 26
BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 27
(5) THE COMMISSION SHALL DETE RMINE SUBSEQUENT REN EWAL 28
FEES, WHICH SHALL BE CREDI TED TO THE CANNABIS REGULATION FUND. 29
(E) A DUAL LICENSE ISSUED UNDER THIS SECTION I S VALID FOR: 30 60 SENATE BILL 833
(1) 240 DAYS ON INITIAL LICE NSURE; AND 1
(2) 2 YEARS ON RENEWAL . 2
(F) EACH MEDICAL CANNABIS DISPENSARY, MEDICAL CANNABIS 3
PROCESSOR, MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, AND 4
MEDICAL CANNABIS GRO WER SHALL BE ELIGIBL E FOR A SINGLE DUAL LICENSE, AT 5
THE SAME PREMISES AS THE MEDICAL CANNABIS ESTABLISHMENT LICENS E. 6
(G) (1) (I) A MEDICAL CANNABIS PRO CESSOR IS ELIGIBLE O NLY FOR A 7
DUAL LICENSE AS A PR OCESSOR. 8
(II) A MEDICAL CANNABIS DIS PENSARY IS ELIGIBLE ONLY FOR 9
A DUAL LICENSE AS A RETAILER. 10
(III) A MEDICAL CANNABIS GRO WER IS ELIGIBLE ONLY FOR A 11
DUAL LICENSE AS A CU LTIVATOR. 12
(IV) A MEDICAL CANNABIS IND EPENDENT TESTING 13
LABORATORY IS ELIGIB LE ONLY FOR A DUAL L ICENSE AS AN INDEPEN DENT TESTING 14
LABORATORY . 15
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
PARAGRAPH , THIS SUBSECTION DOES NOT PREVENT AN ENTIT Y LICENSED AS TWO 17
OR MORE TYPES OF MED ICAL CANNABIS ESTABL ISHMENTS FROM APPLYI NG FOR 18
AND BEING ISSUED AN EQUAL NUMBER AND TYP E OF DUAL LICENSES . 19
(II) A MEDICAL CANNABIS IND EPENDENT TESTING 20
LABORATORY MAY NOT H OLD ANY OTHER TYPE O F CANNABIS ESTABLISH MENT 21
LICENSE. 22
23–404. 23
(A) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL : 24
(1) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 25
LICENSES TO OPERATE AS A CULTIVATOR , DELIVERY SERVICE, PROCESSOR, OR 26
TRANSPORTER FROM SOC IAL EQUITY APPLICANT S; AND 27
(2) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 28
LICENSES TO OPERATE AN INDEPENDENT TESTI NG LABORATORY FROM A LL 29
APPLICANTS. 30 SENATE BILL 833 61
(B) ON RECEIVING AN APPLI CATION OR RENEWAL APPLICATION FOR A 1
CANNABIS ESTABLISHME NT, THE COMMISSION SHALL IMME DIATELY FORWARD A 2
COPY OF EACH APPLICA TION AND HALF OF THE LICENSE APPLICATION FEE TO THE 3
LOCAL REGULATORY AUT HORITY FOR THE LOCAL ITY IN WHICH THE APP LICANT 4
DESIRES TO OPERATE T HE CANNABIS ESTABLISHMENT , UNLESS THE LOCALITY HAS 5
NOT DESIGNATED A LOC AL REGULATORY AUTHOR ITY. 6
(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 7
APPLICATION TO OPERA TE A DELIVERY SERVIC E, CLASS A PROCESSOR, CLASS B 8
PROCESSOR, OR TRANSPORTER FROM A SOCIAL EQUITY APPLICANT , THE 9
COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL LICENSE TO THE 10
APPLICANT, UNLESS THE COMMISSION: 11
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 12
REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 13
(2) IS NOTIFIED BY THE R ELEVANT LOCALITY THA T THE APPLICANT 14
IS NOT IN COMPLIANCE WITH LOCAL ZONING OR PLANNING REGULATIONS . 15
(D) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 16
APPLICATION TO OPERA TE AN INDEPENDENT TE STING LABORATORY , THE 17
COMMISSION SHALL ISSU E A LICENS E OR A CONDITIONAL L ICENSE TO THE 18
APPLICANT, UNLESS THE COMMISSION: 19
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 20
REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 21
(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 22
IS NOT IN COMPLIAN CE WITH LOCAL ZONING OR PLANNING REGULATI ONS. 23
(E) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 24
PARAGRAPH , ON OR BEFORE FEBRUARY 1, 2024, THE COMMISSION SHALL ISSU E TO 25
SOCIAL EQUITY APPLIC ANTS: 26
1. 14 TIER 5 CULTIVATOR LICENSES ; 27
2. 18 TIER 3 CULTIVATOR LICENSES ; AND 28
3. 18 TIER 1 CULTIVATOR LICENSES . 29
(II) IF THERE ARE FEWER TH AN 10 QUALIFIED APPLICANTS FOR 30
TIER 5 CULTIVATOR LICENSES , THEN ADDITIONAL TIER 3 LICENSES SHALL BE 31 62 SENATE BILL 833
ISSUED TO ENSURE THA T A TOTAL OF 25 LICENSES ARE ISSUE D TO TIER 5 AND TIER 1
3 CULTIVATORS COLLECTI VELY. 2
(2) (I) THE COMMISSION SHALL IMPL EMENT A SCORED PROCE SS 3
TO DETERMINE QUALIFY ING APPLICANTS FOR C ULTIVATION LICENSES THAT MAY 4
CONSIDER: 5
1. SECURITY AND RECORD –KEEPING PLANS ; 6
2. BUSINESS PLANS; 7
3. KNOWLEDGE AND EXPERIE NCE; 8
4. SUITABILITY OF EMPLOY EE TRAINING; 9
5. DIVERSITY PLANS; 10
6. LABOR AND EMPLOYMENT PRACTICES; 11
7. ENVIRONMENTAL PLANS ; 12
8. VETERAN STATUS ; AND 13
9. MARYLAND RESIDENCY . 14
(II) AN APPLICANT THAT SCO RES ABOVE A NUMBER OF POINTS 15
ESTABLISHED BY THE COMMISSION SHALL BE E NTERED INTO A LOTTER Y TO 16
DETERMINE WHICH APPL ICANTS ARE ISSUED LI CENSES. 17
(F) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 18
APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE CANNABIS 19
ESTABLISHMENT WOULD BE LOCATED. 20
(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 21
THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 22
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 23
COMMISSION MAY REQUIR E A CULTIVATOR TO SECURE A SITE WITHIN A 24
REASONABLE AMOUNT OF TIME. 25
(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 26
CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 27
BEYOND THE APPLICANT ’S CONTROL. 28 SENATE BILL 833 63
(4) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 1
COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 2
WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 3
SHALL FORWARD THE IN FORMATION TO THE LOC AL REGULATORY AUTHOR ITY AND 4
APPROVE OR REJECT THE FINAL APPLICATION WITHIN 45 DAYS. 5
(G) THE COMMISSION SHALL ACCE PT AND PROCESS APPLI CATIONS FOR 6
TRANSPORTERS , DELIVERY SERVICES , AND PROCESSORS OPERA TED BY SOCIAL 7
EQUITY APPLICANTS ON AN ONGOING BASIS . 8
(H) THE COMMISSION SHALL ACCE PT AND PROCESS APPLICATIONS FOR 9
INDEPENDENT TESTING LABORATORIES ON AN O NGOING BASIS. 10
23–405. 11
(A) (1) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL 12
BEGIN ACCEPTING AND PROCESSING APPLICATI ONS FOR LICENSES TO OPERATE A 13
RETAILER FROM ANY QU ALIFIED APPLICANT . 14
(2) (I) ON OR BEFORE APRIL 1, 2024, THE COMMISSION SHALL 15
INITIALLY ISSUE 47 RETAILER LICENSES IN A MANNER THAT EQUITA BLY 16
DISTRIBUTES THE LICE NSES THROUGHOUT THE STATE AT THE RATE OF ONE 17
LICENSE PER SENATORI AL DISTRICT. 18
(II) IN DETERMINING WHETHE R THE AMOUNT OF RETA ILER 19
LICENSES REQUIRED TO BE ISSUED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH 20
HAS BEEN MET, THE COMMISSION MAY NOT IN CLUDE DUAL LICENSES . 21
(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 22
RETAILER, THE COMMISSION SHALL PROM PTLY FORWARD A COPY O F EACH 23
APPLICATION AND HALF OF THE LICENSE APPLI CATION FEE TO THE LO CAL 24
REGULATORY AUTHORITY FOR THE LOCALITY IN WHICH THE APPLICANT DESIRES 25
TO OPERATE THE CANNA BIS ESTABLISHMENT , UNLESS THE LOCALITY HAS NOT 26
DESIGNATED A LOCAL R EGULATOR Y AUTHORITY. 27
(C) THE COMMISSION SHALL AWAR D UP TO 255 POINTS TO COMPLETE 28
APPLICATIONS BASED O N THE FOLLOWING FACT ORS: 29
(1) 65 POINTS AWARDED FOR S ECURITY AND RECORD K EEPING 30
BASED ON THE EXTENT TO WHICH THE SECURIT Y PLAN ACCOUNTS FOR THE 31
PREVENTION OF THEFT OR DIVERSION OF CANN ABIS, INCLUDING SAFE STORA GE OF 32
CANNABIS AND CURRENC Y, TRACKING PROCEDURES , AND A PLAN FOR THE 33 64 SENATE BILL 833
DESTRUCTION AND DISPOSAL OF CANNABIS; 1
(2) 30 POINTS AWARDED FOR K NOWLEDGE AND EXPERIE NCE BASED 2
ON THE APPLICANT ’S PRINCIPAL OFFICERS ’ DEMONSTRATED EXPERIE NCE AND 3
QUALIFICATIONS IN BU SINESS MANAGEMENT OR EXPERIENCE WITH THE CANNABIS 4
INDUSTRY, WHICH MAY BE DEMO NSTRATED THROUGH EXP ERIENCE IN OTHER 5
INDUSTRIES OR TRAINI NG THAT REFLECTS ON AN APPLICANT ’S ABILITY TO 6
OPERATE A CANNABIS B USINESS ESTABLISHMEN T; 7
(3) 65 POINTS AWARDED FOR B USINESS PLAN , FINANCIALS, 8
OPERATING, AND FLOOR PLANS ; 9
(4) 50 POINTS AWARDED FOR STATUS AS A SOCI AL EQUITY APPLICANT 10
BASED ON WHETHER THE APPLICANT MEETS THE QUALIFICATIONS FOR A SOCIAL 11
EQUITY APPLICANT AS SET FORTH IN THIS TI TLE; 12
(5) 15 POINTS AWARDED FOR T HE SUITABILITY OF TH E EMPLOYEE 13
TRAINING PLAN BASED ON THE EXTENT TO WHI CH THE APPLICANT ’S TRAINING PLAN 14
WILL ENSURE EMPLOYEE S UNDERSTAND THE RUL ES AND LAWS , ARE 15
KNOWLEDGEABLE ABOUT SECURITY MEASURES AN D OPERATING PROCEDUR ES, AND 16
ARE ABLE TO ADVISE C ONSUMERS ON HOW TO S AFELY CONSUME PRODUC TS AND 17
USE INDIVIDUAL PRODU CTS THAT ARE OFFERED; 18
(6) 10 POINTS AWARDED FOR A DIVERSITY PLAN BASED ON A 19
NARRATIVE OF NOT MOR E THAN 2,500 WORDS THAT ESTABLISH ES A GOAL OF 20
DIVERSITY IN OWNERSH IP, MANAGEMENT , EMPLOYMENT , AND CONTRACTING TO 21
ENSURE THAT DIVERSE PARTICIPANTS AND GRO UPS ARE AFFORDED EQUALITY OF 22
OPPORTUNITY ; 23
(7) 5 POINTS AWARDED FOR L ABOR AND EMPLOYMENT PRACTICES 24
BASED ON PLANS TO PR OVIDE A SAFE, HEALTHY, AND ECONOMICALLY BEN EFICIAL 25
WORKING ENVIRONMENT FOR THE CANNABIS EST ABLISHMENT ’S AGENTS, 26
INCLUDING CODES OF C ONDUCT, HEALTH CARE BENEFITS, EDUCATIONAL 27
BENEFITS, RETIREMENT BENEFITS , AND LIVING WAGE STAN DARDS; 28
(8) 5 POINTS AWARDED BASED ON AN ENVIRONMENTAL PLAN OF 29
ACTION TO MINIMIZE T HE CARBON FOOTPRINT , ENVIRONMENTAL IMPACT , AND 30
RESOURCE NEEDS FOR T HE DISPENSARY ; 31
(9) 5 POINTS AWARDED BASED ON WHE THER THE APPLICANT I S 26% 32
OR MORE CONTROLLED A ND OWNED BY AN INDIV IDUAL OR INDIVIDUALS WHO MEET 33
THE QUALIFICATIONS O F A VETERAN AS DEFIN ED BY § 9–901 OF THE STATE 34
GOVERNMENT ARTICLE; AND 35 SENATE BILL 833 65
(10) 5 POINTS AWARDED BASED ON WHETHER THE AP PLICANT IS 51% 1
OR MORE OWNED AND CO NTROLLED BY STATE RESIDENTS , WHO CAN PROVE 2
RESIDENCY IN EACH OF THE IMMEDIATELY PREC EDING 5 YEARS WITH TAX 3
RECORDS. 4
(D) THE COMMISSION MAY AWARD UP TO 2 BONUS POINTS FOR A P LAN TO 5
ENGAGE WITH THE COMM UNITY IN WHICH THE APPLICANT WILL BE LO CATED. 6
(E) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AN 7
APPLICANT MAY APPLY FOR CONDITIONAL APPR OVAL IF THE APPLICAN T HAS NOT 8
PURCHASED OR LEASED THE PROPERTY WHERE T HE CANNABIS ESTABLIS HMENT 9
WOULD BE LOCATED . 10
(II) THE COMMISSION MAY REQUIR E AN APPLICANT TO SP ECIFY 11
THE LOCALITY IN WHIC H THE CANNABIS ESTAB LISHMENT IS INTENDED TO 12
OPERATE. 13
(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 14
THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 15
(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE 16
COMMISSION MAY REQUIR E AN APPLICANT TO SE CURE A SITE WITHIN A 17
REASONABLE AMOUNT OF TIME. 18
(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 19
CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 20
BEYOND THE APPLICANT ’S CONTROL. 21
(4) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 22
COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 23
WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 24
SHALL FORWARD THE IN FORMATION TO THE LOCAL REGULATORY AUT HORITY AND 25
APPROVE OR REJECT TH E FINAL APPLICATION WITHIN 45 DAYS. 26
(F) THE COMMISSION MAY PROVID E THAT ANY APPLICANT THAT SCORES 27
ABOVE A SPECIFIED NU MBER OF POINTS MUST BE ENTERED INTO A LO TTERY THAT 28
IS CONDUCTED IN A MA NNER THAT ENSURES EQUITABLE DI STRIBUTION OF 29
RETAILERS THROUGHOUT THE STATE. 30
23–406. 31
(A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2025, THE 32 66 SENATE BILL 833
COMMISSION, IN CONJUNCTION WITH THE OFFICE OF SOCIAL EQUITY, SHALL 1
EVALUATE THE CANNABI S MARKET IN THE STATE AND SOLIC IT INPUT FROM THE 2
PUBLIC AND STAKEHOLD ERS REGARDING : 3
(1) THE EXTENT TO WHICH T HE PROGRAM IS RESULT ING IN SOCIAL 4
EQUITY APPLICANTS TH AT ARE ABLE TO RUN S UCCESSFUL CANNABIS B USINESSES 5
AND TO COMPETE WITH DUAL LICENSES AND OT HER CANNABIS BUSINES SES; 6
(2) DIVERSITY IN OWNERSHI P, MANAGEMENT , AND STAFFING OF THE 7
CANNABIS INDUSTRY IN THE STATE, INCLUDING A REVIEW O F THE DISPARITY 8
STUDY; 9
(3) WHETHER THE TAX RATE AND REVENUE ARE MEET ING GOALS OF 10
DISPLACING THE ILLIC IT MARKET AND GENERA TING REVENUE FOR REI NVESTMENT 11
IN COMMUNITIES , CANNABIS TRAINING , AND OTHER NEEDS , INCLUDING A REVIEW 12
OF HOW TAX RATES COM PARE TO OTHER STATES ; AND 13
(4) ANY ANTICIPATED OR AC TUAL CHANGES TO FEDE RAL LAW OR 14
OTHER FACTORS THAT M AY WARRANT REVISIONS TO THIS TITLE. 15
(B) ON OR BEFOR E JANUARY 1, 2027, AND BEFORE ANY ADDIT IONAL 16
CULTIVATION LICENSES ARE ISSUED UNDER § 23–407 OF THIS SUBTITLE , THE 17
COMMISSION SHALL COMM ISSION A STUDY OF TH E CANNABIS MARKET IN THE 18
STATE, WHICH SHALL ADDRESS : 19
(1) THE EXTENT TO WHICH C ONSUMERS HAVE SAFE , CONVENIENT 20
ACCESS TO LEGAL CANN ABIS AT PRICES THAT ARE LOWER THAN IN TH E ILLICIT 21
MARKET; 22
(2) WHETHER CANNABIS CULT IVATORS, PROCESSORS , AND 23
RETAILERS ARE MEETIN G DEMAND WITHOUT CRE ATING A SURPLUS ; AND 24
(3) WHETHER ADDITIONAL SU PPLY IS NEEDED. 25
(C) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2025, THE 26
COMMISSION SHALL REPO RT ITS RECOMMENDATIO NS, BASED ON THE FINDING S OF 27
THE SOLICITATIONS CO NDUCTED UNDER SUBSEC TION (A) OF THIS SECTION, TO THE 28
GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 29
ARTICLE, FOR ANY CHANGES TO C ANNABIS REGULATION A ND TAXATION , 30
INCLUDING: 31
(1) ANY CHANGES TO THE TA X RATE AND METHOD ; AND 32
SENATE BILL 833 67
(2) WHETHER AND UNDER WHA T CONDITIONS TO ALLO W THE IMPORT 1
AND EXPORT OF CANNAB IS TO OTHER STATES . 2
23–407. 3
(A) THE COMMISSION MAY ACCEPT ADDITIONAL APPLICATI ONS FOR 4
CULTIVATORS AND RETA ILERS BEGINNING FEBRUARY 1, 2027. 5
(B) ADDITIONAL CULTIVATIO N LICENSES MAY BE IS SUED ONLY IF THE 6
STUDY DONE IN ACCORD ANCE WITH § 23–406(B) OF THIS SUBTITLE DET ERMINES 7
THAT ADDITIONAL SU PPLY IS NEEDED. 8
(C) THE NUMBER OF LICENSE S ISSUED AND THE LIC ENSED CULTIVATION 9
SPACE SHALL BE DESIG NED TO MEET PROJECTE D DEMAND, INCLUDING FACTORING 10
IN THE PERCENT OF LI CENSED SPACE THAT MA Y NOT BE USED. 11
(D) IN DETERMINING THE NU MBER OF ADDITIONAL R ETAIL OR 12
CULTIVATION LICENSES TO ISSUE, THE COMMISSION SHALL CONS IDER: 13
(1) THE EXTENT TO WHICH C ONSUMERS WILL HAVE S AFE, 14
CONVENIENT ACCESS TO LEGAL CANNABIS AT PR ICES THAT ARE LOWER THAN THE 15
ILLICIT MARKET; 16
(2) EXPECTED CULTIVATION EXPANSION BY EXISTIN G CULTIVATORS ; 17
AND 18
(3) THE ANTICIPATED OR AC TUAL OPENING OF AN I NTERSTATE OR 19
INTERNATIONAL MARKET FOR CANNABIS PRODUCT S. 20
(E) THE COMMISSION MAY LIMIT SOME OR ALL OF THE L ICENSES ISSUED 21
UNDER THIS SECTION T O SOCIAL EQUITY APPL ICANTS OR MINORITY B USINESS 22
APPLICANTS IF DOING SO IS NEEDED TO ENSU RE DIVERSITY AND INC LUSION IN THE 23
INDUSTRY, AS WARRANTED BY THE DISPARITY STUDY . 24
(F) LICENSES UNDER THIS S ECTION SHALL BE ISSU ED BY SCORING ALL 25
APPLICATIONS AND ENT ERING ALL APPLICANTS THAT ARE DETERMINED TO HAVE A 26
SUFFICIENT SCORE INT O A LOTTERY. 27
23–408. 28
(A) NOT EARLIER THAN 6 MONTHS AFTER BEGINNI NG TO ISSUE LICENSES 29
TO SOCIAL EQUITY APP LICANTS UNDER § 23–404 OF THIS SUBTITLE , THE 30
COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING APPLICATIONS FOR 31 68 SENATE BILL 833
LICENSES TO OPER ATE AS A CLASS A OR CLASS B PROCESSOR FROM ANY Q UALIFIED 1
APPLICANT. 2
(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 3
CLASS A OR CLASS B PROCESSOR, THE COMMISSION SHALL IMME DIATELY 4
FORWARD A COPY OF EA CH APPLICATION AND H ALF OF THE LICENSE A PPLICATION 5
FEE TO THE LOCAL REG ULATORY AUTHORITY FO R THE LOCALITY IN WH ICH THE 6
APPLICANT DESIRES TO OPERATE THE CANNABIS ESTABLISHMENT , UNLESS THE 7
LOCALITY HAS NOT DES IGNATED A LOCAL REGU LATORY AUTHORITY . 8
(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RENEWAL 9
APPLICATION, THE COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL 10
LICENSE TO THE APPLI CANT, UNLESS THE COMMISSION: 11
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 12
REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 13
(2) IS NOTIFIED BY T HE RELEVANT LOCALITY THAT THE APPLICANT 14
IS NOT IN COMPLIANCE WITH LOCAL ZONING OR PLANNING LAWS . 15
(D) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 16
APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE 17
PROCESSOR WOULD BE L OCATED. 18
(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 19
THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 20
(3) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 21
COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 22
WHERE THE PROCESSOR IS TO BE LOCATED, THE COMMISSION SHALL FORW ARD THE 23
INFORMATION TO THE L OCAL REGULATORY AUTH ORITY AND APPROVE OR REJECT 24
THE FINAL APPLICATIO N WITHIN 45 DAYS. 25
SUBTITLE 5. LOCAL REGULATIONS. 26
23–501. 27
(A) AN ON–SITE CONSUMPTION EST ABLISHMENT MAY OPERA TE ONLY IF 28
THE LOCAL REGULATORY AUTHORITY IN THE LOC ALITY WHERE IT IS LO CATED 29
ISSUED A PERMIT OR L ICENSE THAT EXPRESSL Y ALLOWS THE OPERATI ON OF THE 30
ON–SITE CONSUMPTION EST ABLISHMENT . 31
(B) (1) EXCEPT AS PROVIDED IN THIS SUBSECTION , A LOCALITY MAY 32 SENATE BILL 833 69
PROHIBIT THE OPERAT ION OF ANY OR ALL TY PES OF CANNABIS ESTA BLISHMENTS 1
WITHIN ITS JURISDICT ION THROUGH THE ENAC TMENT OF AN ORDINANC E OR 2
THROUGH AN INITIATED OR REFERRED MEASURE . 3
(2) AN INITIATED OR REFER RED MEASURE TO PROHI BIT THE 4
OPERATION OF CANNABI S ESTABLISHMENTS MUS T APPEAR ON A GENERAL 5
ELECTION BALLOT . 6
(3) A LOCALITY MAY NOT : 7
(I) PROHIBIT TRANSPORTATI ON THROUGH THE LOCAL ITY OR 8
DELIVERIES WITHIN TH E LOCALITY BY CANNAB IS ESTABLISHMENTS LO CATED IN 9
OTHER JURISDICTIONS ; 10
(II) PROHIBIT OR IMPACT A BUSINESS LICENSED UNDER TITLE 11
13, SUBTITLE 33 OF THIS ARTICLE , REGARDLESS OF WHETHE R THE BUSINESS IS 12
GRANTED A LICENSE UN DER THIS TITLE; OR 13
(III) PREVENT AN ENTITY LIC ENSED UNDER TITLE 13, SUBTITLE 14
33 OF THIS ARTICLE THAT IS IN COMPLIANCE WIT H ALL RELEVANT MEDI CAL 15
CANNABIS REGULATIONS FROM BEING GRANTED A DUAL LICENSE. 16
(C) A PERSON SEEKING LICEN SURE AS A CANNABIS E STABLISHMENT SHALL 17
MEET LOCAL ZONING AN D PLANNING REQUIREME NTS. 18
(D) A LOCALITY MAY NOT NEG OTIATE OR ENTER INTO AN AGREEMENT WITH 19
A CANNABIS ESTABL ISHMENT OR A CANNABI S ESTABLISHMENT APPL ICANT 20
REQUIRING THAT THE C ANNABIS ESTABLISHMEN T OR APPLICANT PROVI DE MONEY, 21
DONATIONS, IN–KIND CONTRIBUTIONS , SERVICES, OR ANYTHING OF VALUE TO THE 22
LOCALITY. 23
SUBTITLE 6. CRIMINAL AND CIVIL IMMUNITIES AND LIABILITIES. 24
23–601. 25
(A) IN THIS SECTION , “PROCESSING” AND “MANUFACTURING ” DO NOT 26
INCLUDE: 27
(1) PERFORMING EXTRACTION S USING SOLVENTS OTH ER THAN 28
WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 29
ETHANOL; OR 30
(2) EXTRACTING COMPOUNDS FROM CANNAB IS USING ETHANOL IN 31 70 SENATE BILL 833
THE PRESENCE OR VICI NITY OF OPEN FLAME . 1
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, EXCEPT AS 2
OTHERWISE PROVIDED I N THIS SUBTITLE , THE FOLLOWING ACTS A RE NOT 3
UNLAWFUL UNDER STATE LAW OR THE LAW OF ANY POLITICAL SUB DIVISION OF THE 4
STATE OR A BASIS FOR SEIZURE OR FORFEITUR E OF ASSETS UNDER STATE LAW FOR 5
INDIVIDUALS WHO ARE AT LEAST 21 YEARS OLD: 6
(1) POSSESSING, CONSUMING , GROWING, USING, PROCESSING, 7
MANUFACTURING , PURCHASING , OR TRANSPORTING AN A MOUNT OF CANNABIS 8
THAT DOES NOT E XCEED THE PERSONAL U SE AMOUNT; 9
(2) TRANSFERRING AN AMOUN T OF CANNABIS THAT D OES NOT 10
EXCEED THE PERSONAL USE AMOUNT TO AN IND IVIDUAL WHO IS AT LE AST 21 YEARS 11
OLD WITHOUT REMUNERA TION; 12
(3) CONTROLLING PROPERTY WHERE ACTIONS DESCRI BED IN ITEM 13
(1) OR (2) OF THIS SUBSECTION O CCUR; OR 14
(4) ASSISTING ANOTHER IND IVIDUAL WHO IS AT LE AST 21 YEARS OLD 15
IN AN ACT DESCRIBED IN ITEM (1) OR (2) OF THIS SUBSECTION . 16
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, UNLESS THE 17
COURT OR THE MARYLAND PAROLE COMMISSION MAKES A SP ECIFIC FINDING THAT 18
AN INDIVIDUAL DEFEND ANT’S, PAROLEE’S, OR PROBATIONER ’S USE OF CANNABIS 19
COULD CREATE A DANGE R TO THE INDIVIDUAL OR OTHER PERSONS , IT IS NOT A 20
VIOLATION OF CONDITI ONS OF PRETRIAL RELE ASE, PAROLE, OR PROBATION TO : 21
(1) ENGAGE IN CONDUCT ALL OWED BY THIS SECTION ; OR 22
(2) TEST POSITIVE FOR CAN NABIS, 23
DELTA–9–TETRAHYDROCANNABINOL , OR ANY OTHER CANNABI NOID. 24
23–602. 25
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IT IS NOT 26
UNLAWFUL UNDER STATE LAW AND MAY NOT BE A BASIS FOR SEIZURE OR 27
FORFEITURE OF ASSETS UNDER STATE LAW FOR A CANNA BIS ESTABLISHMENT WI TH 28
A VALID LICENSE , OR A PERSON WHO IS A CTING IN THE PERSON ’S CAPACITY AS 29
CANNABIS ESTABLISHME NT AGENT, TO ENGAGE IN ANY ACT IVITIES INVOLVING 30
CANNABIS, CANNABIS ACCESSORIE S, OR CANNABIS PRODUCTS IF THE PERSON 31
CONDUCTING THE ACTIV ITIES POSSESSES A CU RRENT, VALID LICENSE TO OPE RATE 32
A CANNABIS ESTABLISH MENT, OR IS ACTING IN THE PERSON’S CAPACITY AS A 33 SENATE BILL 833 71
CANNABIS ESTABLISHME NT AGENT, AND THE ACTIVITIES A RE WITHIN THE SCOPE OF 1
ACTIVITIES ALLOWED BY TH E COMMISSION FOR THAT T YPE OF CANNABIS 2
ESTABLISHMENT . 3
(B) THIS SECTION DOES NOT PREVENT THE IMPOSITI ON OF PENALTIES FOR 4
VIOLATING THIS TITLE OR REGULATIONS ADOPT ED BY THE COMMISSION OR 5
LOCALITIES IN ACCORD ANCE WITH THIS TITLE . 6
23–603. 7
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IT IS NOT 8
UNLAWFUL UNDER STATE LAW OR THE LAW OF A POLITICAL SUBDI VISION OF THE 9
STATE OR A BASIS FOR SEIZURE OR FORFEITUR E OF ASSETS FOR AN I NDIVIDUAL 10
WHO IS AT LEAST 21 YEARS OLD TO MANUFAC TURE, POSSESS, OR PURCHASE 11
CANNABIS ACCESSORIES , OR TO DISTRIBUTE OR SELL CANNABIS ACCESS ORIES TO: 12
(1) AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD; OR 13
(2) AN INDIVIDUAL WHO IS A QUALIFYING PATIENT UNDER TITLE 13, 14
SUBTITLE 33 OF THIS ARTICLE. 15
(B) EXCEPT AS PROVIDE D IN THIS SECTION , AN INDIVIDUAL WHO IS AT 16
LEAST 21 YEARS OLD MAY MANUFA CTURE, POSSESS, AND PURCHASE CANNABI S 17
ACCESSORIES AND DIST RIBUTE OR SELL CANNA BIS ACCESSORIES TO A PERSON WHO 18
IS AT LEAST 21 YEARS OLD. 19
(C) THIS SECTION IS INCLU DED TO SATISFY THE R EQUIREMENTS OF 21 20
U.S.C. § 863(F) BY AUTHORIZING , UNDER STATE LAW, A PERSON IN COMPLIAN CE 21
WITH THIS SUBTITLE T O MANUFACTURE , POSSESS, OR DISTRIBUTE CANNAB IS 22
ACCESSORIES. 23
(D) THIS SECTION DOES NOT PREVENT THE IMPOSITI ON OF PENALTIES FOR 24
VIOLATING CONSUMER SAFETY OR BUSINESS L ICENSING LAWS OR REG ULATIONS. 25
23–604. 26
(A) ANY OF THE FOLLOWING PERSONS ACTING IN AC CORDANCE WITH THE 27
PROVISIONS OF THIS T ITLE MAY NOT BE SUBJ ECT TO ARREST , PROSECUTION , OR 28
ANY CIVIL OR ADMINIS TRATIVE PENALTY , INCLUDING A CIVIL PE NALTY OR 29
DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD , OR BE DENIED ANY 30
RIGHT OR PRIVILEGE , FOR THE USE , POSSESSION, MANUFACTURE , 31
TRANSPORTATION , OR DISTRIBUTION OF C ANNABIS: 32
72 SENATE BILL 833
(1) AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD IN POSSESS ION 1
OF AN AMOUNT OF CANNABIS OR C ANNABIS PRODUCT FOR ADULT USE THAT DOES 2
NOT EXCEED THE PERSO NAL USE AMOUNT ; 3
(2) A CANNABIS ESTABLISHME NT LICENSED UNDER TH IS TITLE OR 4
THE CANNABIS ESTABLI SHMENT AGENT ; 5
(3) A HOSPITAL, MEDICAL FACILITY , OR HOSPICE PROGRAM W HERE 6
A QUALIFYING PATIENT IS RECEIVING TREATMENT ; OR 7
(4) A THIRD–PARTY VENDOR AUTHORI ZED BY THE COMMISSION TO 8
TEST, TRANSPORT, OR DISPOSE OF CANNAB IS, CANNABIS PRODUCTS , OR CANNABIS 9
WASTE UNDER THE PROV ISIONS OF THIS TITLE. 10
(B) (1) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR 11
ANY OF ITS POLITICAL SUBDIVISIONS MAY IMP OSE ANY PENALTY OR D ENY ANY 12
BENEFIT OR ENTITLEME NT FOR CONDUCT PERMI TTED UNDER THIS TITL E OR FOR 13
THE PRESENCE OF CANN ABINOIDS OR CANNABIN OID METABOLITES IN T HE URINE, 14
BLOOD, SALIVA, BREATH, HAIR, OR OTHER TISSUE OR F LUID OF AN INDIVIDUA L WHO 15
IS AT LEAST 21 YEARS OLD. 16
(2) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR 17
ANY OF ITS POLITICAL SUBDIVISIONS MAY DEN Y A DRIVER ’S LICENSE, A 18
PROFESSIONAL LICENSE , HOUSING ASSISTANCE , SOCIAL SERVICES , OR OTHER 19
BENEFITS BASED ON CA NNABIS USE OR FOR TH E PRESENCE OF CANNAB INOIDS OR 20
CANNABINOID METABOLI TES IN THE URINE , BLOOD, SALIVA, BREATH, HAIR, OR 21
OTHER TISSUE OR FLUI D OF AN INDIVIDUAL W HO IS AT LEAST 21 YEARS OLD. 22
(C) AN INDIVIDUAL MAY NOT BE DENIED CU STODY OF OR VISITATI ON WITH 23
A MINOR FOR ACTING I N ACCORDANCE WITH TH IS TITLE, UNLESS THE INDIVIDUA L’S 24
BEHAVIOR IS SUCH THA T IT CREATES AN UNRE ASONABLE DANGER TO T HE MINOR 25
THAT CAN BE CLEARLY ARTICULATED AND SUBS TANTIATED. 26
(D) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR ANY 27
OF ITS POLITICAL SUB DIVISIONS MAY DENY E MPLOYMENT OR A CONTR ACT TO AN 28
INDIVIDUAL FOR ENGAG ING IN CONDUCT AUTHO RIZED UNDER THIS TIT LE, FOR: 29
(1) A PRIOR CONVICTION FOR A NONVIOLENT CANNABI S OFFENSE 30
THAT DOES NOT INVOLVE DISTRIBUTION TO MINO RS; OR 31
(2) TESTING POSITIVE FOR THE PRESENCE OF CANN ABINOIDS OR 32
CANNABINOID METABOLI TES IN THE URINE , BLOOD, SALIVA, BREATH, HAIR, OR 33
OTHER TISSUE OR FLUI D OF THE INDIVIDUAL ’S BODY. 34 SENATE BILL 833 73
(E) FOR THE PURPOSES OF M EDICAL CARE, INCLUDING ORGAN AND TISSUE 1
TRANSPLANTS : 2
(1) THE USE OF CANNABIS D OES NOT CONSTITUTE T HE USE OF AN 3
ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY AN INDIVIDUAL FROM N EEDED 4
MEDICAL CARE ; AND 5
(2) MAY BE CONSIDERED ONL Y WITH RESPECT TO EV IDENCE–BASED 6
CLINICAL CRITERIA . 7
(F) (1) THIS SECTION DOES NOT PREVENT A GOVERNMENT EMPLOYER 8
FROM DISCIPLINING AN EMPLOYEE OR CONTRACT OR FOR: 9
(I) INGESTING CANNABIS IN THE WORKPLACE ; OR 10
(II) WORKING WHILE IMPAIRED BY CANNABIS . 11
(2) THE PROTECTIONS PROVI DED BY THIS SECTION DO NOT APPLY TO 12
THE EXTENT THAT THEY CONFLICT WITH A GOVE RNMENT EMPLOYER ’S 13
OBLIGATIONS UNDER FE DERAL LAW OR TO THE EXTENT THAT THEY WOU LD 14
DISQUALIFY THE ENTIT Y FROM A MONETARY OR LICENSING–RELATED BENEFIT 15
UNDER FEDERAL LAW . 16
(3) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 17
AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE, OR 18
OTHER PENALTIES , INCLUDING DISCIPLINE OR TERMINATION BY A GOVERNMENT 19
EMPLOYER FOR ENGAGING IN , ANY TASK WHILE UNDER THE INFLUENCE OF 20
CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIGENC E OR PROFESSIONAL 21
MALPRACTICE . 22
(4) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 23
AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE, OR 24
OTHER PENALTIES , INCLUDING DISCIPLINE OR TERMINATION BY A GOVERNMENT 25
EMPLOYER OR REVOCATI ON OF A DRIVER’S LICENSE, FOR DRIVING WHILE IM PAIRED 26
BY CANNABIS. 27
(G) TO THE EXTENT ALLOWAB LE, A PERSON IS NOT CONS IDERED 28
INELIGIBLE TO POSSES S A FIREARM UNDER FEDERA L LAW OR TO BE AN UN LAWFUL 29
USER OF OR ADDICTED TO A CONTROLLED DANG EROUS SUBSTANCE SOLE LY 30
BECAUSE OF CONDUCT A UTHORIZED UNDER THIS TITLE. 31
(H) A PERSON MAY NOT BE DE NIED A STATE FIREARM LICENSE OR PERMIT, 32 74 SENATE BILL 833
INCLUDING A CONCEALE D CARRY PE RMIT, SOLELY BECAUSE OF CO NDUCT 1
AUTHORIZED UNDER THI S TITLE. 2
23–605. 3
(A) A HOLDER OF A PROFESSI ONAL OR OCCUPATIONAL LICENSE MAY NOT 4
BE SUBJECT TO PROFES SIONAL DISCIPLINE FO R PROVIDING ADVICE O R SERVICES 5
RELATED TO CANNABIS ESTABLISHMENTS OR APPLICATIONS TO OPER ATE 6
CANNABIS ESTABLISHME NTS ON THE BASIS THA T CANNABIS IS ILLEGA L UNDER 7
FEDERAL LAW . 8
(B) AN APPLICANT FOR A PR OFESSIONAL OR OCCUPA TIONAL LICENSE MAY 9
NOT BE DENIED A LICE NSE BASED ON PREVIOU S EMPLOYMENT RELATED TO 10
CANNABIS ESTABLISHME NTS OPERATING IN ACCO RDANCE WITH STATE LAW. 11
23–606. 12
(A) FOR THE PURPOSES OF STATE LAW, ACTIONS RELATED TO C ANNABIS 13
ARE CONSIDERED LAWFU L AS LONG AS THEY AR E IN ACCORDANCE WITH THIS TITLE. 14
(B) AN AGENCY OR A POLITI CAL SUBDIVISION OF T HE STATE MAY NOT RELY 15
ON A VIOLATION OF FE DERAL LAW RELATED TO CANNABIS AS THE SOLE BASIS FOR 16
TAKING AN ADVERSE AC TION AGAINST A PERSO N. 17
23–607. 18
(A) IT IS THE PUBLIC POLI CY OF THE STATE THAT CONTRACTS RELATED TO 19
THE OPERATION OF A C ANNABIS ESTABLISHMEN T LICENSED IN ACC ORDANCE WITH 20
THIS SUBTITLE ARE EN FORCEABLE. 21
(B) IT IS THE PUBLIC POLI CY OF THE STATE THAT NO CONTRAC T ENTERED 22
INTO BY A LICENSED C ANNABIS ESTABLISHMEN T OR ITS AGENTS AS A UTHORIZED IN 23
ACCORDANCE WITH A VA LID LICENSE, OR BY THOSE WHO ALLO W PROPERTY TO BE 24
USED BY A CANNABIS ES TABLISHMENT , ITS EMPLOYEES , OR ITS AGENTS AS 25
AUTHORIZED IN ACCORD ANCE WITH A VALID LI CENSE, SHALL BE UNENFORCEAB LE 26
ON THE BASIS THAT CU LTIVATING, OBTAINING, MANUFACTURING , DISTRIBUTING, 27
DISPENSING, TRANSPORTING , SELLING, POSSESSING, OR USING CANNABIS IS 28
PROHIBITED BY FEDERA L LAW. 29
23–608. 30
(A) A LAW ENFORCEMENT OFFI CER EMPLOYED BY AN A GENCY THAT 31
RECEIVES STATE OR LOCAL GOVERN MENT FUNDS MAY NOT E XPEND STATE OR 32 SENATE BILL 833 75
LOCAL RESOURCES , INCLUDING THE OFFICE R’S TIME, TO EFFECT ANY ARREST OR 1
SEIZURE OF CANNABIS , OR CONDUCT ANY INVES TIGATION, ON THE SOLE BASIS OF 2
ACTIVITY THE OFFICER BELIEVES TO CONSTITU TE A VIOLATION OF FE DERAL LAW IF 3
THE OFFICER HAS REAS ON TO BELIEVE THAT T HE ACTIVITY IS IN COMPLIANCE WITH 4
THIS TITLE. 5
(B) A LAW ENFORCEMENT OFFI CER MAY NOT EXPEND STATE OR LOCAL 6
RESOURCES, INCLUDING THE OFFICE R’S TIME, TO PROVIDE ANY INFOR MATION OR 7
LOGISTICAL SUPPORT R ELATED TO ACTIVITY D ESCRIBED IN SUBSECTI ON (A) OF 8
THIS SECTION TO ANY FEDERAL LAW ENFORCEM ENT AUTHORITY OR PRO SECUTING 9
ENTITY. 10
SUBTITLE 7. CONSTRUCTION OF TITLE. 11
23–701. 12
THIS TITLE MAY NOT BE CONSTRUED TO AUTHORI ZE AN INDIVIDUAL TO 13
ENGAGE IN, AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, OR 14
OTHER PENALTIES FOR : 15
(1) UNDERTAKING A TASK WH ILE UNDER THE INFLUE NCE OF 16
CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIGENC E OR PROFESSIONAL 17
MALPRACTICE ; 18
(2) OPERATING, NAVIGATING, OR BEING IN ACTUAL P HYSICAL 19
CONTROL OF A MOTOR V EHICLE, AIRCRAFT, OR BOAT WHILE UNDER THE INFLUENCE 20
OF CANNABIS; 21
(3) SMOKING CANNABIS IN A PUBLIC PLACE; OR 22
(4) POSSESSING CANNABIS , INCLUDING CANNABIS P RODUCTS, IN A 23
LOCAL DETENTION FACI LITY, COUNTY JAIL, STATE PRISON , REFORMATORY , OR 24
OTHER CORRECTIONAL F ACILITY, INCLUDING A FACILITY FOR THE DETENTION OF 25
JUVENILE OFFENDERS . 26
23–702. 27
(A) EXCEPT AS PROVIDED IN THIS SECTION, THE PROVISIONS OF TH IS TITLE 28
DO NOT REQUIRE A PER SON, CORPORATION , OR ANY OTHER ENTITY THAT OCCUPIES , 29
OWNS, OR CONTROLS A PROPER TY TO ALLOW THE CONS UMPTION, CULTIVATION, 30
DISPLAY, SALE, OR TRANSFER OF CANNA BIS ON OR IN THAT PROPERTY. 31
(B) EXCEPT AS PROVIDED IN THIS SECTION, A LANDLORD OR PROPER TY 32 76 SENATE BILL 833
MANAGER MAY NOT REFU SE TO RENT TO A TENA NT, OR OTHERWISE DISCRIM INATE 1
AGAINST THE TENANT , BASED ON A PAST CONV ICTION FOR A CANNABI S OFFENSE. 2
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 3
IN THE CASE OF THE R ENTAL OF A RESIDENTI AL DWELLING , A LANDLORD OR 4
PROPERTY MANAGER MAY NOT PROHIBIT THE POS SESSION OF CANNABIS OR THE 5
CONSUMPTION OF CANNA BIS BY NONSMOKED MEA NS. 6
(2) THIS SUBSECTION DOES NOT APPLY IF: 7
(I) THE TENANT IS A BOARD ER OR LODGER WHO IS NOT 8
LEASING THE ENTIRE R ESIDENTIAL DWELLING ; 9
(II) THE RESIDENCE IS INCI DENTAL TO DETENTION OR THE 10
PROVISION OF MEDICAL , GERIATRIC, EDUCATIONAL , COUNSELING , RELIGIOUS, OR 11
SIMILAR SERVICE ; 12
(III) THE RESIDENC E IS A TRANSITIONAL HOUSING OR SOBER 13
LIVING FACILITY; OR 14
(IV) FAILING TO PROHIBIT C ANNABIS POSSESSION O R 15
CONSUMPTION WOULD VI OLATE FEDERAL LAW OR REGULATIONS OR CAUSE THE 16
LANDLORD TO LOSE A M ONETARY OR LICENSING –RELATED BENEFIT UNDE R 17
FEDERAL LAW OR REG ULATIONS. 18
(3) AFTER A WARNING , A LANDLORD OR PROPER TY MANAGER MAY 19
TAKE ACTION AGAINST A TENANT IF THE TENA NT’S USE OF CANNABIS CR EATES AN 20
ODOR THAT INTERFERES WITH OTHERS’ PEACEFUL ENJOYMENT O F THEIR HOME OR 21
PROPERTY. 22
Article – State Finance and Procurement 23
6–226. 24
(a) (2) (i) Notwithstanding any other provision of law, and unless 25
inconsistent with a federal law, grant agreement, or other federal requirement or with the 26
terms of a gift or settlement agreement, net interest on all State money allocated by the 27
State Treasurer under this section to special funds or accounts, and otherwise entitled to 28
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 29
Fund of the State. 30
(ii) The provisions of subparagraph (i) of this paragraph do not apply 31
to the following funds: 32
SENATE BILL 833 77
144. the Health Equity Resource Community Reserve Fund; 1
[and] 2
145. the Access to Counsel in Evictions Special Fund; 3
146. THE SOCIAL EQUITY START–UP FUND; 4
147. THE CANNABIS EDUCATION AND TRAINING FUND; 5
148. THE COMMUNITY REINVESTMENT AND REPAIR 6
FUND; AND 7
149. THE CANNABIS REGULATION FUND. 8
Article – Tax – General 9
TITLE 12.5. CANNABIS TAX. 10
12.5–101. 11
(A) THIS SECTION IS NOT A PPLICABLE TO MEDICAL CANNABIS SOLD UNDER 12
TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 13
(B) (1) UNTIL APRIL 1, 2026, A 10% EXCISE TAX IS IMPOSE D ON THE SALE 14
OR TRANSFER OF CANNA BIS FROM A CANNABIS ESTABLISHMENT LICENS ED UNDER 15
TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 16
(2) FROM APRIL 1, 2026, TO MARCH 30, 2028, BOTH INCLUSIVE , A 17
15% EXCISE TAX IS IMPOSE D ON THE SALE OR TRA NSFER OF CANNABIS FR OM A 18
CANNABIS ESTABLISHME NT LICENSED UNDER TITLE 23 OF THE HEALTH – GENERAL 19
ARTICLE TO A CONSUMER . 20
(3) BEGINNING APRIL 1, 2028, A 20% EXCISE TAX IS IMPOSED O N THE 21
SALE OR TRANSFER OF CANNABIS FROM A CANN ABIS ESTABLISHMENT L ICENSED 22
UNDER TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 23
(C) SALES OF CANNABIS BY A CANNABIS ESTABLISH MENT TO A CONSUMER 24
ARE NOT SUBJECT TO A SALES AND USE TAX IMPOSED UNDER TITLE 11 OF THIS 25
ARTICLE. 26
(D) (1) TAXES IMPOSED UNDER T HIS SECTION SHALL AP PLY ONLY AT THE 27
POINT OF SALE TO A C ONSUMER. 28
(2) NO TAXES SHALL APPLY TO SALES OR TRANSFER S OF CANNABIS 29 78 SENATE BILL 833
BETWEEN CANNABIS EST ABLISHMENTS . 1
12.5–102. 2
(A) EXCEPT AS PROVIDED IN S UBSECTION (B) OF THIS SECTION, A COUNTY 3
MAY IMPOSE A SALES T AX NOT EXCEEDING 3% ON SALES OF CANNABIS AND 4
CANNABIS PRODUCTS TO CONSUMERS WITHIN ITS JURISDICTION. 5
(B) A COUNTY MAY NOT IMPOS E A SALES TAX UNDER SUBSECTION (A) OF 6
THIS SECTION ON SALES OF MEDI CAL CANNABIS UNDER TITLE 23 OF THE HEALTH – 7
GENERAL ARTICLE. 8
12.5–103. 9
(A) (1) IN THIS SECTION, “FUND” MEANS THE CANNABIS REGULATION 10
FUND. 11
(2) THERE IS A CANNABIS REGULATION FUND. 12
(3) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO BE 13
DISTRIBUTED AND USED IN ACCORDANCE WITH S UBSECTION (C) OF THIS SECTION. 14
(4) THE ALCOHOL AND TOBACCO COMMISSION SHALL ADMI NISTER 15
THE FUND. 16
(5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 17
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18
(II) THE STATE TREASURER SHALL HOLD THE FUND 19
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20
(6) THE FUND CONSISTS OF : 21
(I) ALL APPLICATION AND LICENSING FEES PAID BY CANNABIS 22
ESTABLISHMENTS UNDER TITLE 23, SUBTITLE 4 OF THE HEALTH – GENERAL 23
ARTICLE, EXCEPT FOR RETAILER AND DUAL LICENSE FEE S THAT ARE PAYABLE 24
DIRECTLY TO THE SOCIAL EQUITY START–UP FUND; 25
(II) ALL TAXES COLLECTED UNDER § 12.5–101 OF THIS TITLE; 26
(III) INTEREST EARNINGS ; AND 27
(IV) ANY OTHER MO NEY FROM ANY OTHER S OURCE ACCEPTED 28 SENATE BILL 833 79
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 1
BY THE ALCOHOL AND TOBACCO COMMISSION FOR THE AC CEPTANCE OF 2
DONATIONS OR GIFTS T O THE FUND. 3
(7) THE FUND MAY BE USED ONLY FOR CARRYING OUT THI S TITLE. 4
(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 5
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 6
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 7
CREDITED TO THE FUND. 8
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 9
DIRECTED BY THE ALCOHOL AND TOBACCO COMMISSION. 10
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 11
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 12
(B) ON OR BEFORE MARCH 15 EACH YEAR, THE ALCOHOL AND TOBACCO 13
COMMISSION SHALL PROD UCE AND PUBLISH ON I TS WEBSITE A DETAILE D REPORT 14
ON REVENUES AND EXPE NDITURES FROM THE FUND, INCLUDING A DETAILED 15
REPORTING OF MONEY R ETAINED AND SPENT TO DEFRAY THE COST OF 16
ADMINISTRATION OF TH IS TITLE. 17
(C) THE FUND SHALL BE DISTRIB UTED AS FOLLOWS : 18
(1) THE ALCOHOL AND TOBACCO COMMISSION SHALL RETA IN 19
SUFFICIENT MONEY TO DEFRAY THE ENTIRE CO ST OF ADMINISTRATION OF THIS 20
TITLE; AND 21
(2) REVENUES GENERATED I N EXCESS OF THE AMOU NT OF THOSE 22
NECESSARY TO DEFRAY THE ENTIRE COST OF A DMINISTRATION OF THIS TIT LE 23
SHALL BE DISTRIBUTED NOT LESS THAN ONCE E VERY QUARTER AS FOLL OWS: 24
(I) 25% TO THE COMMUNITY REINVESTMENT AND REPAIR 25
FUND, ESTABLISHED UNDER § 23–204 OF THE HEALTH – GENERAL ARTICLE; 26
(II) 10% TO THE SOCIAL EQUITY START–UP FUND; 27
(III) 3% FOR TECHNICAL ASSIST ANCE FOR SOCIAL EQUI TY AND 28
MINORITY BUSINESS CA NNABIS ESTABLISHMENT APPLICANTS; 29
(IV) 5% TO THE CANNABIS EDUCATION AND TRAINING FUND, 30 80 SENATE BILL 833
ESTABLISHED UNDER § 23–203 OF THE HEALTH – GENERAL ARTICLE; 1
(V) 20% TO THE MARYLAND DEPARTMENT OF HEALTH FOR 2
USE IN EVIDENCE –BASED, VOLUNTARY PROGRAMS F OR THE PREVENTION OR 3
TREATMENT OF SUBSTAN CE ABUSE OR MENTAL HEALTH ISS UES; 4
(VI) 2% TO THE MARYLAND DEPARTMENT OF HEALTH FOR A 5
SCIENTIFICALLY AND M EDICALLY ACCURATE PU BLIC EDUC ATION CAMPAIGN 6
EDUCATING YOUTH AND ADULTS ABOUT THE HEA LTH AND SAFETY RISKS OF 7
ALCOHOL, TOBACCO, CANNABIS, AND OTHER SUBSTANCES , INCLUDING THE RISKS 8
OF DRIVING WHILE IMP AIRED; 9
(VII) 2% TO THE MARYLAND DEPARTMENT OF HEALTH TO FUND 10
DIVERSE SCIENTIFIC , ACADEMIC, OR MEDICAL RESEARCH ON CANNABIS OR 11
ENDOCANNABINOIDS , INCLUDING RESEARCH E XPLORING THE BENEFIT S OF 12
CANNABIS, ON THE CONDITION THA T ALL FUNDED RESEARC H DATA, RESULTS, AND 13
PAPERS MUST BE RELEA SED INTO THE PUBLIC DOMAIN AND MUST BE P UBLISHED 14
FOR FREE AND OPEN ACCESS BY TH E PUBLIC AND BY OTHE R RESEARCHERS ; 15
(VIII) 1% TO THE DEPARTMENT OF STATE POLICE FOR 16
ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT AND DRUG 17
RECOGNITION EXPERT (DRE) TRAINING; 18
(IX) 10% TO THE ENDOWMENTS OF THE STATE’S HISTORICALL Y 19
BLACK COLLEGES AND U NIVERSITIES; 20
(X) 15% TO LOCAL IMPACT AID ; AND 21
(XI) 7% TO THE GENERAL FUND OF THE STATE. 22
12.5–104. 23
NOTWITHSTANDING ANY F EDERAL TAX LAW TO TH E CONTRARY , IN 24
COMPUTING NET INCOME FOR BUSINESSES EXEMP TED FROM CRIMINAL PE NALTIES 25
UNDER STATE LAW, THERE SHALL BE ALLOW ED AS A DEDUCTION FR OM STATE 26
TAXES ALL THE ORDINA RY AND NECESSARY EXP ENSES PAID OR INCURR ED DURING 27
THE TAXABLE YEAR IN CARRYING ON A TRADE OR BUSINESS AS A CAN NABIS 28
ESTABLISHMENT AS DEF INED BY § 23–101 OF THE HEALTH – GENERAL ARTICLE, OR 29
AN ENTITY LICENSED U NDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL 30
ARTICLE, INCLUDING REASONABLE ALLOWANCE F OR SALARIES OR OTHER 31
COMPENSATION FOR PER SONAL SERVICES ACTUA LLY RENDERED . 32
Article – Transportation 33 SENATE BILL 833 81
21–902. 1
(a) (1) (i) A person may not drive or attempt to drive any vehicle while 2
under the influence of alcohol. 3
(ii) A person may not drive or attempt to drive any vehicle while the 4
person is under the influence of alcohol per se. 5
(iii) 1. IN THIS SUBPARAGRAPH , “UNDER THE INFLUENCE OF 6
CANNABIS PER SE ” MEANS HAVING A CONCE NTRATION AT THE TIME OF TESTING OF 7
5 NANOGRAMS OR MORE OF DELTA–9–TETRAHYDROCANNABINOL AS MEASURED 8
PER MILLILITER OF BL OOD. 9
2. A PERSON MAY NOT DRIVE OR ATTEMPT TO DRIVE 10
ANY VEHICLE WHILE TH E PERSON IS UNDER TH E INFLUENCE OF CANNA BIS PER SE. 11
(IV) A person convicted of a violation of this paragraph is subject to: 12
1. For a first offense, imprisonment not exceeding 1 year or 13
a fine not exceeding $1,000 or both; and 14
2. For a second offense, imprisonment not exceeding 2 years 15
or a fine not exceeding $2,000 or both. 16
[(iv)] (V) For the purpose of determining subsequent offender 17
penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) 18
of this section, within 5 years before the conviction for a violation of this paragraph, shall 19
be considered a prior conviction. 20
(2) (i) A person may not violate paragraph (1) of this subsection while 21
transporting a minor. 22
(ii) A person convicted of a violation of this paragraph is subject to: 23
1. For a first offense, imprisonment not exceeding 2 years or 24
a fine not exceeding $2,000 or both; and 25
2. For a second offense, imprisonment not exceeding 3 years 26
or a fine not exceeding $3,000 or both. 27
(iii) For the purpose of determining subsequent offender penalties for 28
a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 29
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 30
(3) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECU TION UNDER 31 82 SENATE BILL 833
PARAGRAPH (1)(III) OF THIS SUBSECTION T HAT THE DEFENDANT WA S NOT 1
ACTUALLY UN DER THE INFLUENCE OF CANNABIS. 2
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before November 15, 3
2022, the President of the Senate of Maryland and the Speaker of the House of Delegates 4
acting jointly may submit to the Governor the names of five individuals who are qualified 5
and suitable to serve as Executive Director of the Office of Social Equity, established under 6
§ 23–201 of the Health – General Article, as enacted under Section 2 of this Act. 7
SECTION 4. AND BE IT FURTHER ENACTED, That, on or before January 1, 2023, 8
the Governor shall select an Executive Director of the Office of Social Equity from among 9
the five individuals whose names were submitted under Section 3 of this Act. 10
SECTION 5. AND BE IT FURTHER ENACTED, That: 11
(a) On or before April 1, 2023, and January 1, 2025, the Office of Social Equity 12
and the Alcohol and Tobacco Commission, in consultation with the certification agency as 13
defined in § 14–301 of the State Finance and Procurement Article, the Governor’s Office of 14
Small, Minority, and Women Business Affairs, and the Office of the Attorney General, 15
shall: 16
(1) study the cannabis industry and market to determine whether there is 17
a compelling reason to implement remedial measures to assist minorities and women in 18
the cannabis industry, including: 19
(i) applying the State Minority Business Enterprise Program under 20
Title 14, Subtitle 3 of the State Finance and Procurement Article or a similar program; and 21
(ii) considerations of race, ethnicity, and wealth in the definition of 22
“social equity applicant”; 23
(2) evaluate race–neutral programs or other methods that may be used to 24
address the needs of minority applicants and minority–owned businesses seeking to 25
participate in the cannabis industry; and 26
(3) if necessary, adopt regulations to implement remedial measures based 27
on the findings of the study and evaluation described in items (1) and (2) of this subsection. 28
(b) The Alcohol and Tobacco Commission may report to the General Assembly, in 29
accordance with § 2–1257 of the State Government Article, any information that the 30
Commission determines to be necessary to the consideration, development, or 31
implementation of any remedial measure implemented under this section. 32
SECTION 6. AND BE IT FURTHER ENACTED, That the General Assembly 33
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 34
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 35
Constitution concerning local approval of constitutional amendments do not apply. 36 SENATE BILL 833 83
SECTION 7. AND BE IT FURTHER ENACTED, That: 1
(a) The amendment to the Maryland Constitution proposed by Section 1 of this 2
Act shall be submitted to the qualified voters of the State at the next general election to be 3
held in November 2022 for adoption or rejection pursuant to Article XIV of the Maryland 4
Constitution. 5
(b) (1) At that general election, the vote on the proposed amendment to the 6
Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 7
Constitutional Amendment” and “Against the Constitutional Amendment”, as now 8
provided by law. 9
(2) At that general election, a question substantially similar to the 10
following shall be submitted to the qualified voters of the State: 11
“Question ___ – Constitutional Amendment 12
Do you favor the legalization of adult–use cannabis in the State of Maryland that 13
complies with a legal framework established by the legislature to provide for limits on use 14
amounts and the regulation and taxation of the market for the production and sale of 15
cannabis in the State?”. 16
(c) Immediately after the election, all returns shall be made to the Governor of 17
the vote for and against the proposed amendment, as directed by Article XIV of the 18
Maryland Constitution, and further proceedings had in accordance with Article XIV. 19
SECTION 8. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 20
contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 21
ratification by the voters of the State. 22
SECTION 9. AND BE IT FURTHER ENACTED, That, subject to the provisions of 23
Section 8 of this Act, Section 2 of this Act shall take effect on the proclamation of the 24
Governor that the constitutional amendment, having received a majority of the votes cast 25
at the general election, has been adopted by the people of Maryland. 26
SECTION 10. AND BE IT FURTHER ENACTED, That , subject to the provisions of 27
Sections 7 and 9 of this Act, this Act shall take effect October 1, 2022. 28