Maryland 2022 Regular Session

Maryland Senate Bill SB833 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0833
9	6
10	7		SENATE BILL 833
11	8		E1, E2, J1 CONSTITUTIONAL AMENDMENT 2lr3156
12	9
13	10		By: Senator Feldman
14	11		Introduced and read first time: February 7, 2022
15	12		Assigned to: Finance and Budget and Taxation
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted with floor amendments
18		-	Read second time: March 20, 2022
19		-
20		-	CHAPTER ______
	13	+
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	Cannabis – Legalization and Regulation ~~Reform~~ 2
	18	+	Cannabis – Legalization and Regulation 2
25	19
26	20		FOR the purpose of establishing that, on or after a certain date, an individual in the State 3
27	21		who is at least a certain age may use and possess cannabis; altering certain 4
28	22		provisions relating to penalties, charging procedures, expungement, and sentencing 5
29	23		for certain offenses involving cannabis; establishing a system for the regulation and 6
30	24		taxation of the market for the production and sale of cannabis in the State; providing 7
31		-	for the retroactive application of certain provisions of this Act requiring the Natalie 8
32		-	M. LaPrade Medical Cannabis Commission, in consultation with certain 9
33		-	stakeholders, to conduct a certain baseline study of cannabis use in the State; 10
34		-	establishing the Cannabis Business Assistance Fund in the Department of 11
35		-	Commerce as a special, nonlapsing fund to provide assistance to small, minority, and 12
36		-	women–owned businesses entering the adult–use cannabis industry; altering certain 13
37		-	provisions relating to penalties, charging procedures, expungement, shielding, and 14
38		-	sentencing for certain offenses involving marijuana; legalizing the use and 15
39		-	possession of a certain quantity of marijuana by a person who is at least a certain 16
40		-	age; establishing the Cannabis Public Health Advisory Council; establishing the 17
41		-	Cannabis Public Health Fund; establishing the Community Reinvestment and 18
42		-	Repair Fund; adding the smoking of cannabis and hemp to certain provisions of law 19
43		-	prohibiting smoking in certain areas; allowing a subtraction modification under the 20
44		-	Maryland income tax for certain expenses paid or incurred during the taxable year 21
45		-	in carrying on a trade or business as a certain medical cannabis grower, processor, 22
46		-	dispensary, or independent testing laboratory; and generally relating to cannabis. 23
47		-
48		-	BY proposing an addition to the Maryland Constitution 24 2 SENATE BILL 833
49		-
50		-
51		-	New Article XX – Cannabis 1
52		-	Section 1 2
53		-
54		-	BY adding to 3
55		-	Article – Health – General 4
56		-	Section 13–4401 to be under the new subtitle “Subtitle 44. Cannabis Use Baseline 5
57		-	Study”; 13–4501 through 13–4506 to be under the new subtitle “Subtitle 45. 6
58		-	Cannabis Public Health Advisory Council”; and 13–4601 to be under the new 7
59		-	subtitle “Subtitle 46. Community Reinvestment and Repair Fund” 8
60		-	Annotated Code of Maryland 9
61		-	(2019 Replacement Volume and 2021 Supplement) 10
62		-
63		-	BY repealing and reenacting, without amendments, 11
64		-	Article – Tax – General 12
65		-	Section 10–208(a) and 10–308(a) 13
66		-	Annotated Code of Maryland 14
67		-	(2016 Replacement Volume and 2021 Supplement) 15
68		-
69		-	BY adding to 16
70		-	Article – Tax – General 17
71		-	Section 10–208(bb) 18
72		-	Annotated Code of Maryland 19
73		-	(2016 Replacement Volume and 2021 Supplement) 20
74		-
75		-	BY repealing and reenacting, with amendments, 21
76		-	Article – Tax – General 22
77		-	Section 10–308(b) 23
78		-	Annotated Code of Maryland 24
79		-	(2016 Replacement Volume and 2021 Supplement) 25
80		-
81		-	BY adding to 26
82		-	Article – Economic Development 27
83		-	Section 5–1901 to be under the new subtitle “Subtitle 19. Cannabis Business28
84		-	Assistance Fund” 29
85		-	Annotated Code of Maryland 30
86		-	(2018 Replacement Volume and 2021 Supplement) 31
87		-
88		-	BY repealing and reenacting, without amendments, 32
89		-	Article – State Finance and Procurement 33
90		-	Section 6–226(a)(2)(i) 34
91		-	Annotated Code of Maryland 35
92		-	(2021 Replacement Volume) 36
93		-
94		-	BY repealing and reenacting, with amendments, 37
95		-	Article – State Finance and Procurement 38
96		-	Section 6–226(a)(2)(ii)144. and 145. 39
97		-	Annotated Code of Maryland 40 SENATE BILL 833 3
98		-
99		-
100		-	(2021 Replacement Volume) 1
101		-
102		-	BY adding to 2
103		-	Article – State Finance and Procurement 3
104		-	Section 6–226(a)(2)(ii)146. through 148. 4
105		-	Annotated Code of Maryland 5
106		-	(2021 Replacement Volume) 6
107		-
108		-	BY repealing and reenacting, without amendments, 7
109		-	Article – Criminal Law 8
110		-	Section 5–101(a) and 5–601(a) and (c)(1) 9
111		-	Annotated Code of Maryland 10
112		-	(2021 Replacement Volume and 2021 Supplement) 11
113		-
114		-	BY adding to 12
115		-	Article – Criminal Law 13
116		-	Section 5–101(e–1) and (t), 5–601.2, 5–601.3, and 5–629, (e–2), and (u), 5–601.2, and 14
117		-	5–602(c) 15
	25	+	for the retroactive application of certain provisions of this Act; and generally relating 8
	26	+	to cannabis. 9
	27	+
	28	+	BY proposing an addition to the Maryland Constitution 10
	29	+	New Article XX – Cannabis 11
	30	+	Section 1 12
	31	+
	32	+	BY repealing and reenacting, without amendments, 13
	33	+	Article – Criminal Law 14
	34	+	Section 5–101(a) 15
118	35		Annotated Code of Maryland 16
119	36		(2021 Replacement Volume and 2021 Supplement) 17
120	37
121		-	BY ~~repealing and reenacting, with amendments,~~ 18
	38	+	BY adding to 18
122	39		Article – Criminal Law 19
123		-	Section 5–101(p), (s), and (t), 5–601(a), (c), and (d), 5–601.1, 5–612, 5–614, 5–619(c), 20
124		-	5–620, 10–113, 10–116, and 10–117 and (s) through (u), 5–601(a), (c)(2) and 21
125		-	(4), and (d), 5–601.1, 5–602, 5–603, 5–607, 5–619(c), 5–620, 10–123, and 22
126		-	10–125 23
127		-	Annotated Code of Maryland 24
128		-	(2021 Replacement Volume and 2021 Supplement) 25
129		-
130		-	BY repealing 26
131		-	Article – Criminal Law 27
132		-	Section 5–101(r) 28
133		-	Annotated Code of Maryland 29
134		-	(2021 Replacement Volume and 2021 Supplement) 30
135		-
136		-	BY repealing and reenacting, without amendments, 31
137		-	Article – Courts and Judicial Proceedings 32
138		-	Section 3–8A–01(a) 33
139		-	Annotated Code of Maryland 34
140		-	(2020 Replacement Volume and 2021 Supplement) 35
141		-
142		-	BY repealing and reenacting, with amendments, 36
143		-	Article – Courts and Judicial Proceedings 37
144		-	Section 3–8A–01(dd) and 3–8A–33(a) 38
145		-	Annotated Code of Maryland 39
146		-	(2020 Replacement Volume and 2021 Supplement) 40 4 SENATE BILL 833
147		-
148		-
149		-
150		-	BY adding to 1
151		-	Article – Criminal Procedure 2
152		-	Section 10–105.3 and 10–105.4 10–112 3
153		-	Annotated Code of Maryland 4
154		-	(2018 Replacement Volume and 2021 Supplement) 5
155		-
156		-	BY adding to 6
157		-	Article – Health – General 7
158		-	Section 23–101 through 23–702 to be under the new title “Title 23. Cannabis” 8
159		-	Annotated Code of Maryland 9
160		-	(2019 Replacement Volume and 2021 Supplement) 10
161		-
162		-	BY repealing and reenacting, without amendments, 11
163		-	Article – State Finance and Procurement 12
164		-	Section 6–226(a)(2)(i) 13
165		-	Annotated Code of Maryland 14
166		-	(2021 Replacement Volume) 15
167		-
168		-	BY repealing and reenacting, with amendments, 16
169		-	Article – State Finance and Procurement 17
170		-	Section 6–226(a)(2)(ii)144. and 145. 18
171		-	Annotated Code of Maryland 19
172		-	(2021 Replacement Volume) 20
173		-
174		-	BY adding to 21
175		-	Article – State Finance and Procurement 22
176		-	Section 6–226(a)(2)(ii)146. through 149. 23
177		-	Annotated Code of Maryland 24
178		-	(2021 Replacement Volume) 25
179		-
180		-	BY repealing and reenacting, with amendments, 26
181		-	Article – Criminal Procedure 27
182		-	Section 4–101(c), 10–101(e), 10–105(a)(12) and (c)(8), 10–107, 10–110(a) and (c), 28
183		-	and 10–111 29
	40	+	Section 5–101(e–1) and (t), 5–601.2, 5–601.3, and 5–629 20
	41	+	Annotated Code of Maryland 21
	42	+	(2021 Replacement Volume and 2021 Supplement) 22
	43	+
	44	+	BY repealing and reenacting, with amendments, 23
	45	+	Article – Criminal Law 24
	46	+	Section 5–101(p), (s), and (t), 5–601(a), (c), and (d), 5–601.1, 5–612, 5–614, 5–619(c), 25
	47	+	5–620, 10–113, 10–116, and 10–117 26
	48	+	Annotated Code of Maryland 27 2 SENATE BILL 833
	49	+
	50	+
	51	+	(2021 Replacement Volume and 2021 Supplement) 1
	52	+
	53	+	BY repealing 2
	54	+	Article – Criminal Law 3
	55	+	Section 5–101(r) 4
	56	+	Annotated Code of Maryland 5
	57	+	(2021 Replacement Volume and 2021 Supplement) 6
	58	+
	59	+	BY adding to 7
	60	+	Article – Criminal Procedure 8
	61	+	Section 10–105.3 and 10–105.4 9
	62	+	Annotated Code of Maryland 10
	63	+	(2018 Replacement Volume and 2021 Supplement) 11
	64	+
	65	+	BY adding to 12
	66	+	Article – Health – General 13
	67	+	Section 23–101 through 23–702 to be under the new title “Title 23. Cannabis” 14
	68	+	Annotated Code of Maryland 15
	69	+	(2019 Replacement Volume and 2021 Supplement) 16
	70	+
	71	+	BY repealing and reenacting, without amendments, 17
	72	+	Article – State Finance and Procurement 18
	73	+	Section 6–226(a)(2)(i) 19
	74	+	Annotated Code of Maryland 20
	75	+	(2021 Replacement Volume) 21
	76	+
	77	+	BY repealing and reenacting, with amendments, 22
	78	+	Article – State Finance and Procurement 23
	79	+	Section 6–226(a)(2)(ii)144. and 145. 24
	80	+	Annotated Code of Maryland 25
	81	+	(2021 Replacement Volume) 26
	82	+
	83	+	BY adding to 27
	84	+	Article – State Finance and Procurement 28
	85	+	Section 6–226(a)(2)(ii)146. through 149. 29
184	86		Annotated Code of Maryland 30
185		-	(2018 Replacement Volume and 2021 Supplement) 31
186		-
187		-	BY repealing and reenacting, without amendments, 32
188		-	Article – Criminal Procedure 33
189		-	Section 10–101(a) and (d) 34
190		-	Annotated Code of Maryland 35
191		-	(2018 Replacement Volume and 2021 Supplement) 36
192		-
193		-	BY repealing and reenacting, with amendments, 37
194		-	Article – Health – General 38
195		-	Section 24–501 through 24–503, 24–507, and 24–510 39 SENATE BILL 833 5
196		-
197		-
198		-	Annotated Code of Maryland 1
199		-	(2019 Replacement Volume and 2021 Supplement) 2
200		-
201		-	BY repealing and reenacting, without amendments, 3
202		-	Article – Health – General 4
203		-	Section 24–504, 24–505, and 24–508 5
204		-	Annotated Code of Maryland 6
205		-	(2019 Replacement Volume and 2021 Supplement) 7
206		-
207		-	BY adding to 8
208		-	Article – Tax – General 9
209		-	Section 12.5–101 through 12.5–104 to be under the new title “Title 12.5. Cannabis 10
210		-	Tax” 11
211		-	Annotated Code of Maryland 12
212		-	(2016 Replacement Volume and 2021 Supplement) 13
213		-
214		-	BY repealing and reenacting, with amendments, 14
215		-	Article – Transportation 15
216		-	Section 21–902(a) 21–903 16
217		-	Annotated Code of Maryland 17
218		-	(2020 Replacement Volume and 2021 Supplement) 18
219		-
220		-	SECTION 1. BE IT ENACTED BY THE GE NERAL ASSEMBLY OF MARYLAND, 19
221		-	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 20
222		-	proposed that the Maryland Constitution read as follows: 21
223		-
224		-	ARTICLE XX – CANNABIS 22
225		-
226		-	1. 23
227		-
228		-	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR AFTER JULY 1, 24
229		-	2023, AN INDIVIDUAL IN THE STATE WHO IS AT LEAST 21 YEARS OLD MAY USE AN D 25
230		-	POSSESS CANNABIS . 26
231		-
232		-	(B) THE GENERAL ASSEMBLY SHALL , BY LAW, PROVIDE FOR THE USE , 27
233		-	DISTRIBUTION, POSSESSION, REGULATION , AND TAXATION OF CANN ABIS WITHIN 28
234		-	THE STATE. 29
235		-
236		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30
237		-	as follows: 31
238		-
239		-	Article – Criminal Law 32
240		-
241		-	5–101. 33
242		-
243		-	(a) In this title the following words have the meanings indicated. 34 6 SENATE BILL 833
244		-
245		-
246		-
247		-	(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 1
248		-	PART OF THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 2
249		-	ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 3
250		-	A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 4
251		-	DRY WEIGHT BASIS . 5
252		-
253		-	(2) “CANNABIS” DOES NOT INCLUDE HEMP AS DEFINED IN § 14–101 6
254		-	OF THE AGRICULTURE ARTICLE. 7
255		-
256		-	(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 8
257		-	used, intended for use, or designed for use, in: 9
258		-
259		-	(i) planting, propagating, cultivating, growing, harvesting, 10
260		-	manufacturing, compounding, converting, producing, processing, preparing, packaging, 11
261		-	repackaging, storing, containing, or concealing a controlled dangerous substance in 12
262		-	violation of this title; or 13
263		-
264		-	(ii) injecting, ingesting, inhaling, or otherwise introducing into the 14
265		-	human body a controlled dangerous substance in violation of this title. 15
266		-
267		-	(2) “Drug paraphernalia” includes: 16
268		-
269		-	(i) a kit used, intended for use, or designed for use in planting, 17
270		-	propagating, cultivating, growing, or harvesting any species of plant that is a controlled 18
271		-	dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 19
272		-	substance can be derived; 20
273		-
274		-	(ii) a kit used, intended for use, or designed for use in 21
275		-	manufacturing, compounding, converting, producing, processing, or preparing a controlled 22
276		-	dangerous substance OTHER THAN CANNABIS ; 23
277		-
278		-	(iii) an isomerization device used, intended for use, or designed for 24
279		-	use in increasing the potency of any species of plant that is a controlled dangerous 25
280		-	substance OTHER THAN CANNA BIS; 26
281		-
282		-	(iv) testing equipment used, intended for use, or designed for use in 27
283		-	analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 28
284		-	THAN CANNABIS ; 29
285		-
286		-	(v) a scale or balance used, intended for use, or designed for use in 30
287		-	weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ; 31
288		-
289		-	(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 32
290		-	mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 33
291		-	controlled dangerous substance OTHER THAN CANNABIS ; 34 SENATE BILL 833 7
292		-
293		-
294		-
295		-	(vii) a separation gin or sifter used, intended for use, or designed for 1
296		-	use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 2
297		-	CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 3
298		-
299		-	(viii) a blender, bowl, container, spoon, or mixing device used, 4
300		-	intended for use, or designed for use in compounding a controlled dangerous substance 5
301		-	OTHER THAN CANNABIS ; 6
302		-
303		-	(ix) a capsule, balloon, envelope, or other container used, intended 7
304		-	for use, or designed for use in packaging small quantities of a controlled dangerous 8
305		-	substance OTHER THAN CANNABIS ; 9
306		-
307		-	(x) a container or other object used, intended for use, or designed for 10
308		-	use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 11
309		-
310		-	(xi) a hypodermic syringe, needle, or other object used, intended for 12
311		-	use, or designed for use in parenterally injecting a controlled dangerous substance into the 13
312		-	human body; and 14
313		-
314		-	(xii) an object used, intended for use, or designed for use in ingesting, 15
315		-	inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 16
316		-	human body [such as: 17
317		-
318		-	1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 18
319		-	pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 19
320		-
321		-	2. a water pipe; 20
322		-
323		-	3. a carburetion tube or device; 21
324		-
325		-	4. a smoking or carburetion mask; 22
326		-
327		-	5. an object known as a roach clip used to hold burning 23
328		-	material, such as a marijuana cigarette that has become too small or too short to be held in 24
329		-	the hand; 25
330		-
331		-	6. a miniature spoon used for cocaine and cocaine vials; 26
332		-
333		-	7. a chamber pipe; 27
334		-
335		-	8. a carburetor pipe; 28
336		-
337		-	9. an electric pipe; 29
338		-
339		-	10. an air–driven pipe; 30 8 SENATE BILL 833
340		-
341		-
342		-
343		-	11. a chillum; 1
344		-
345		-	12. a bong; and 2
346		-
347		-	13. an ice pipe or chiller]. 3
348		-
349		-	(3) “DRUG PARAPHERNALIA ” DOES NOT INCLUDE CAN NABIS 4
350		-	ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 5
351		-
352		-	[(r) (1) “Marijuana” means: 6
353		-
354		-	(i) all parts of any plant of the genus Cannabis, whether or not the 7
355		-	plant is growing; 8
356		-
357		-	(ii) the seeds of the plant; 9
358		-
359		-	(iii) the resin extracted from the plant; and 10
360		-
361		-	(iv) each compound, manufactured product, salt, derivative, mixture, 11
362		-	or preparation of the plant, its seeds, or its resin. 12
363		-
364		-	(2) “Marijuana” does not include: 13
365		-
366		-	(i) the mature stalks of the plant; 14
367		-
368		-	(ii) fiber produced from the mature stalks; 15
369		-
370		-	(iii) oil or cake made from the seeds of the plant; 16
371		-
372		-	(iv) except for resin, any other compound, manufactured product, 17
373		-	salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 18
374		-
375		-	(v) the sterilized seed of the plant that is incapable of germination; 19
376		-	or 20
377		-
378		-	(vi) hemp as defined in § 14–101 of the Agriculture Article.] 21
379		-
380		-	[(s)] (R) (1) “Narcotic drug” means a substance: 22
381		-
382		-	(i) that has been found to present an extreme danger to the health 23
383		-	and welfare of the community because of addiction–forming and addiction–sustaining 24
384		-	qualities; 25
385		-
386		-	(ii) that is: 26
387		-	SENATE BILL 833 9
388		-
389		-
390		-	1. an opiate; 1
391		-
392		-	2. a compound, manufactured substance, salt, derivative, or 2
393		-	preparation of opium, coca leaf, or an opiate; or 3
394		-
395		-	3. a substance and any compound, manufactured substance, 4
396		-	salt, derivative, or preparation that is chemically identical with a substance listed in items 5
397		-	1 and 2 of this item; and 6
398		-
399		-	(iii) that is produced: 7
400		-
401		-	1. directly or indirectly by extraction from substances of 8
402		-	vegetable origin; 9
403		-
404		-	2. independently by chemical synthesis; or 10
405		-
406		-	3. by a combination of extraction and chemical synthesis. 11
407		-
408		-	(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 12
409		-	that does not contain cocaine or ecgonine. 13
410		-
411		-	[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 14
412		-	controlled dangerous substance under Subtitle 4 of this title. 15
413		-
414		-	(T) “PERSONAL USE AMOUNT ” MEANS: 16
415		-
416		-	(1) (I) AN AMOUNT OF CANNABI S THAT DOES NOT EXCE ED 2 17
417		-	OUNCES; 18
418		-
419		-	(II) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 19
420		-	EXCEED 15 GRAMS; 20
421		-
422		-	(III) AN AMOUNT OF CANNABI S PRODUCTS CONTA INING 21
423		-	DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 1,500 MILLIGRAMS; 22
424		-	OR 23
425		-
426		-	(IV) FOUR OR FEWER CANNAB IS PLANTS; OR 24
427		-
428		-	(2) ANY ADDITIONAL CANNA BIS PRODUCED BY A PE RSON’S CANNABIS 25
429		-	PLANT OR PLANTS , IF THE AMOUNT OF CAN NABIS IN EXCESS OF T HE AMOUNT LISTED 26
430		-	IN ITEM (1)(I), (II), OR (III) OF THIS SUBSECTION I S PROCESSED IN A LOC ATION: 27
431		-
432		-	(I) WHERE THE PLANT OR P LANTS WERE CULTIVATE D; AND 28
433		-
434		-	(II) THAT IS SECURE FROM UNAUTHORIZED ACCESS AND 29
435		-	ACCESS BY A PERSON W HO IS UNDER THE AGE OF 21 YEARS. 30 10 SENATE BILL 833
436		-
437		-
438		-
439		-	5–601. 1
440		-
441		-	(a) Except as otherwise provided in this title, a person may not: 2
442		-
443		-	(1) possess or administer to another a controlled dangerous substance, 3
444		-	unless: 4
445		-
446		-	(I) obtained directly or by prescription or order from an authorized 5
447		-	provider acting in the course of professional practice; [or] 6
448		-
449		-	(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 7
450		-	THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED DOES 8
451		-	NOT EXCEED A PERSONA L USE AMOUNT ; OR 9
452		-
453		-	(III) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS 10
454		-	AND POSSESSION IS LEGAL UNDER TITLE 13, SUBTITLE 33 OR TITLE 23 OF THE 11
455		-	HEALTH – GENERAL ARTICLE; OR 12
456		-
457		-	(2) obtain or attempt to obtain a controlled dangerous substance, or 13
458		-	procure or attempt to procure the administration of a controlled dangerous substance by: 14
459		-
460		-	(i) fraud, deceit, misrepresentation, or subterfuge; 15
461		-
462		-	(ii) the counterfeiting or alteration of a prescription or a written 16
463		-	order; 17
464		-
465		-	(iii) the concealment of a material fact; 18
466		-
467		-	(iv) the use of a false name or address; 19
468		-
469		-	(v) falsely assuming the title of or representing to be a 20
470		-	manufacturer, distributor, or authorized provider; or 21
471		-
472		-	(vi) making, issuing, or presenting a false or counterfeit prescription 22
473		-	or written order. 23
474		-
475		-	(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 24
476		-	person who violates this section is guilty of a misdemeanor and on conviction is subject to: 25
477		-
478		-	(i) for a first conviction, imprisonment not exceeding 1 year or a fine 26
479		-	not exceeding $5,000 or both; 27
480		-
481		-	(ii) for a second or third conviction, imprisonment not exceeding 18 28
482		-	months or a fine not exceeding $5,000 or both; or 29
483		-	SENATE BILL 833 11
484		-
485		-
486		-	(iii) for a fourth or subsequent conviction, imprisonment not 1
487		-	exceeding 2 years or a fine not exceeding $5,000 or both. 2
488		-
489		-	(2) (i) Except as provided in [subparagraph (ii)] SUBPARAGRAPHS (II) 3
490		-	AND (III) of this paragraph AND TITLE 23 OF THE HEALTH – GENERAL ARTICLE, a 4
491		-	person whose violation of this section involves the use or possession of [marijuana] 5
492		-	CANNABIS is guilty of [a] THE misdemeanor of possession of [marijuana] CANNABIS and 6
493		-	is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 7
494		-
495		-	(ii) 1. A. A first finding of guilt under this section involving 8
496		-	the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 9
497		-	EXCEEDING THE PERSONAL USE AMOUNT BY AN IND IVIDUAL UNDER THE AG E OF 21 10
498		-	YEARS is a civil offense punishable by a fine not exceeding $100. 11
499		-
500		-	B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 12
501		-	OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 13
502		-	A PENALTY OF UP TO 6 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 14
503		-
504		-	2. A. A second finding of guilt under this section 15
505		-	involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 16
506		-	CANNABIS NOT EXCEEDI NG THE PERSONAL USE AMOUNT BY AN INDIVID UAL UNDER 17
507		-	THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $250. 18
508		-
509		-	B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 19
510		-	OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY REQUEST, AND SHALL BE GRANTED , 20
511		-	A PENALTY OF UP TO 16 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 21
512		-
513		-	3. A. A third or subsequent finding of guilt under this 22
514		-	section involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT 23
515		-	OF CANNA BIS NOT EXCEEDING TH E PERSONAL USE AMOUN T BY AN INDIVIDUAL 24
516		-	UNDER THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $500. 25
517		-
518		-	B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 26
519		-	OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED, 27
520		-	A PENALTY OF UP TO 32 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 28
521		-
522		-	4. A. In addition to a fine, a court shall order a person 29
523		-	under the age of 21 years who commits a violation punishable under subsubparagraph 1, 30
524		-	2, or 3 of this subparagraph to attend a drug education program approved by the Maryland 31
525		-	Department of Health, refer the person to an assessment for substance abuse disorder, and 32
526		-	refer the person to substance abuse treatment, if necessary. 33
527		-
528		-	B. [In addition to a fine, a court shall order a person at least 34
529		-	21 years old who commits a violation punishable under subsubparagraph 3 of this 35
530		-	subparagraph to attend a drug education program approved by the Maryland Department 36 12 SENATE BILL 833
531		-
532		-
533		-	of Health, refer the person to an assessment for substance abuse disorder, and refer the 1
534		-	person to substance abuse treatment, if necessary. 2
535		-
536		-	C.] A court that orders a person to a drug education program 3
537		-	or substance abuse assessment or treatment under this subsubparagraph may hold the 4
538		-	case sub curia pending receipt of proof of completion of the program, assessment, or 5
539		-	treatment. 6
540		-
541		-	(III) 1. A VIOLATION OF THIS SE CTION INVOLVING A PE RSON 7
542		-	AT LEAST 21 YEARS OLD POSSESSING CANNABIS IN AN AMOUN T GREATER THAN THE 8
543		-	PERSONAL USE AMOUNT BUT NOT EXCEEDING DOUBLE THE PERSONAL USE AMO UNT 9
544		-	IS A CIVIL OFFENSE P UNISHABLE BY A FINE NOT EXCEEDING $250. 10
545		-
546		-	2. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 11
547		-	OFFENSE UNDER THIS S UBPARAGRAPH MAY REQU EST, AND SHALL BE GRANTED , A 12
548		-	PENALTY OF UP TO 16 HOURS OF COMMUNITY SERVICE IN LIEU OF A FINE. 13
549		-
550		-	(3) (i) 1. In this paragraph the following words have the meanings 14
551		-	indicated. 15
552		-
553		-	2. “Bona fide physician–patient relationship” means a 16
554		-	relationship in which the physician has ongoing responsibility for the assessment, care, and 17
555		-	treatment of a patient’s medical condition. 18
556		-
557		-	3. “Caregiver” means an individual designated by a patient 19
558		-	with a debilitating medical condition to provide physical or medical assistance to the 20
559		-	patient, including assisting with the medical use of [marijuana] CANNABIS, who: 21
560		-
561		-	A. is a resident of the State; 22
562		-
563		-	B. is at least 21 years old; 23
564		-
565		-	C. is an immediate family member, a spouse, or a domestic 24
566		-	partner of the patient; 25
567		-
568		-	D. has not been convicted of a crime of violence as defined in 26
569		-	§ 14–101 of this article; 27
570		-
571		-	E. has not been convicted of a violation of a State or federal 28
572		-	controlled dangerous substances law; 29
573		-
574		-	F. has not been convicted of a crime of moral turpitude; 30
575		-
576		-	G. has been designated as caregiver by the patient in writing 31
577		-	that has been placed in the patient’s medical record prior to arrest; 32
578		-	SENATE BILL 833 13
579		-
580		-
581		-	H. is the only individual designated by the patient to serve as 1
582		-	caregiver; and 2
583		-
584		-	I. is not serving as caregiver for any other patient. 3
585		-
586		-	4. “Debilitating medical condition” means a chronic or 4
587		-	debilitating disease or medical condition or the treatment of a chronic or debilitating 5
588		-	disease or medical condition that produces one or more of the following, as documented by 6
589		-	a physician with whom the patient has a bona fide physician–patient relationship: 7
590		-
591		-	A. cachexia or wasting syndrome; 8
592		-
593		-	B. severe or chronic pain; 9
594		-
595		-	C. severe nausea; 10
596		-
597		-	D. seizures; 11
598		-
599		-	E. severe and persistent muscle spasms; or 12
600		-
601		-	F. any other condition that is severe and resistant to 13
602		-	conventional medicine. 14
603		-
604		-	(ii) 1. In a prosecution for the use or possession of [marijuana] 15
605		-	CANNABIS, the defendant may introduce and the court shall consider as a mitigating factor 16
606		-	any evidence of medical necessity. 17
607		-
608		-	2. Notwithstanding paragraph (2) of this subsection, if the 18
609		-	court finds that the person used or possessed [marijuana] CANNABIS because of medical 19
610		-	necessity, the court shall dismiss the charge. 20
611		-
612		-	(iii) 1. In a prosecution for the use or possession of [marijuana] 21
613		-	CANNABIS under this section, it is an affirmative defense that the defendant used or 22
614		-	possessed [marijuana] CANNABIS because: 23
615		-
616		-	A. the defendant has a debilitating medical condition that 24
617		-	has been diagnosed by a physician with whom the defendant has a bona fide 25
618		-	physician–patient relationship; 26
619		-
620		-	B. the debilitating medical condition is severe and resistant 27
621		-	to conventional medicine; and 28
622		-
623		-	C. [marijuana] CANNABIS is likely to provide the defendant 29
624		-	with therapeutic or palliative relief from the debilitating medical condition. 30
625		-	14 SENATE BILL 833
626		-
627		-
628		-	2. A. In a prosecution for the possession of [marijuana] 1
629		-	CANNABIS under this section, it is an affirmative defense that the defendant possessed 2
630		-	[marijuana] CANNABIS because the [marijuana] CANNABIS was intended for medical use 3
631		-	by an individual with a debilitating medical condition for whom the defendant is a 4
632		-	caregiver. 5
633		-
634		-	B. A defendant may not assert the affirmative defense under 6
635		-	this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s 7
636		-	intention to assert the affirmative defense and provides the State’s Attorney with all 8
637		-	documentation in support of the affirmative defense in accordance with the rules of 9
638		-	discovery provided in Maryland Rules 4–262 and 4–263. 10
639		-
640		-	3. An affirmative defense under this subparagraph may not 11
641		-	be used if the defendant was: 12
642		-
643		-	A. using [marijuana] CANNABIS in a public place or 13
644		-	assisting the individual for whom the defendant is a caregiver in using the [marijuana] 14
645		-	CANNABIS in a public place; or 15
646		-
647		-	B. in possession of more than 1 ounce of [marijuana] 16
648		-	CANNABIS. 17
649		-
650		-	[(4) A violation of this section involving the smoking of marijuana in a 18
651		-	public place is a civil offense punishable by a fine not exceeding $500.] 19
652		-
653		-	(d) The provisions of subsection (c)(2)(ii) of this section making the possession of 20
654		-	[marijuana] CANNABIS a civil offense FOR INDIVIDUALS UNDE R THE AGE OF 21 YEARS 21
655		-	AND THE PROVISIONS O F TITLE 23 OF THE HEALTH – GENERAL ARTICLE MAKING 22
656		-	THE POSSESSION OF CA NNABIS LEGAL FOR IND IVIDUALS AT LEAST 21 YEARS OLD 23
657		-	may not be construed to affect the laws relating to[: 24
658		-
659		-	(1)] operating a vehicle or vessel while under the influence of or while 25
660		-	impaired by a controlled dangerous substance[; or 26
661		-
662		-	(2) seizure and forfeiture]. 27
663		-
664		-	5–601.1. 28
665		-
666		-	(a) A police officer shall issue a citation to a person who the police officer has 29
667		-	probable cause to believe has committed a violation of § 5–601 of this part involving the use 30
668		-	or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 31
669		-	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT . 32
670		-	SENATE BILL 833 15
671		-
672		-
673		-	(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 1
674		-	than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE 2
675		-	PERSONAL USE AMOUNT is a civil offense. 3
676		-
677		-	(2) Adjudication of a violation under § 5–601 of this part involving the use 4
678		-	or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 5
679		-	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT : 6
680		-
681		-	(i) is not a criminal conviction for any purpose; and 7
682		-
683		-	(ii) does not impose any of the civil disabilities that may result from 8
684		-	a criminal conviction. 9
685		-
686		-	(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 10
687		-	or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 11
688		-	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT shall be signed by the police officer 12
689		-	who issues the citation and shall contain: 13
690		-
691		-	(i) the name, address, and date of birth of the person charged; 14
692		-
693		-	(ii) the date and time that the violation occurred; 15
694		-
695		-	(iii) the location at which the violation occurred; 16
696		-
697		-	(iv) the fine OR AMOUNT OF COMMUNI TY SERVICE that may be 17
698		-	imposed; 18
699		-
700		-	(v) a notice stating that prepayment of the fine is allowed, except as 19
701		-	provided in paragraph (2) of this subsection; and 20
702		-
703		-	(vi) a notice in boldface type that states that the person shall: 21
704		-
705		-	1. pay the full amount of the preset fine; [or] 22
706		-
707		-	2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 23
708		-	OR 24
709		-
710		-	3. request a trial date at the date, time, and place established 25
711		-	by the District Court by writ or trial notice. 26
712		-
713		-	(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 27
714		-	use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 28
715		-	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT is issued to a person under the age 29
716		-	of 21 years, the court shall summon the person for trial. 30
717		-	16 SENATE BILL 833
718		-
719		-
720		-	[(ii) If the court finds that a person at least 21 years old who has been 1
721		-	issued a citation under this section has at least twice previously been found guilty under § 2
722		-	5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 3
723		-	court shall summon the person for trial.] 4
724		-
725		-	(d) The form of the citation shall be uniform throughout the State and shall be 5
726		-	prescribed by the District Court. 6
727		-
728		-	(e) (1) The Chief Judge of the District Court shall establish a schedule for the 7
729		-	prepayment of the fine AND PROCEDURES FOR I NDIVIDUALS TO REQUES T AND BE 8
730		-	GRANTED COMMUNITY SE RVICE IN LIEU OF A F INE. 9
731		-
732		-	(2) Prepayment of a fine OR ACCEPTANCE OF COM MUNITY SERVICE IN 10
733		-	LIEU OF A FINE shall be considered a plea of guilty to a Code violation. 11
734		-
735		-	(3) A person described in subsection (c)(2) of this section may not prepay 12
736		-	the fine. 13
737		-
738		-	(f) (1) A person may request a trial by sending a request for trial to the District 14
739		-	Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 15
740		-	citation. 16
741		-
742		-	(2) If a person other than a person described in subsection (c)(2) of this 17
743		-	section does not request a trial [or], prepay the fine, OR REQUEST COMMUNITY SERVICE 18
744		-	IN LIEU OF A FINE within 30 days of the issuance of the citation, the court may impose the 19
745		-	maximum fine and costs against the person and find the person is guilty of a Code violation 20
746		-	[for purposes of subsection (c)(2)(ii) of this section]. 21
747		-
748		-	(g) The issuing jurisdiction shall forward a copy of the citation and a request for 22
749		-	trial to the District Court in the district having venue. 23
750		-
751		-	(h) (1) The failure of a defendant to respond to a summons described in 24
752		-	subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 25
753		-	Article. 26
754		-
755		-	(2) If a person at least 21 years old fails to appear after having requested 27
756		-	a trial, the court may impose the maximum fine OR COMMUNITY SERVICE and costs 28
757		-	against the person and find the person is guilty of a Code violation [for purposes of 29
758		-	subsection (c)(2)(ii) of this section]. 30
759		-
760		-	(i) In any proceeding for a Code violation under § 5–601 of this part involving the 31
761		-	use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 32
762		-	EXCEEDING DOUBL E THE PERSONAL USE A MOUNT: 33
763		-
764		-	(1) the State has the burden to prove the guilt of the defendant by a 34
765		-	preponderance of the evidence; 35 SENATE BILL 833 17
766		-
767		-
768		-
769		-	(2) the court shall apply the evidentiary standards as prescribed by law or 1
770		-	rule for the trial of a criminal case; 2
771		-
772		-	(3) the court shall ensure that the defendant has received a copy of the 3
773		-	charges against the defendant and that the defendant understands those charges; 4
774		-
775		-	(4) the defendant is entitled to cross–examine all witnesses who appear 5
776		-	against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 6
777		-	testify on the defendant’s own behalf, if the defendant chooses to do so; 7
778		-
779		-	(5) the defendant is entitled to be represented by counsel of the defendant’s 8
780		-	choice and at the expense of the defendant; and 9
781		-
782		-	(6) the defendant may enter a plea of guilty or not guilty, and the verdict 10
783		-	of the court in the case shall be: 11
784		-
785		-	(i) guilty of a Code violation; 12
786		-
787		-	(ii) not guilty of a Code violation; or 13
788		-
789		-	(iii) probation before judgment, imposed by the court in the same 14
790		-	manner and to the same extent as is allowed by law in the trial of a criminal case. 15
791		-
792		-	(j) (1) The defendant is liable for the costs of the proceedings in the District 16
793		-	Court. 17
794		-
795		-	(2) The court costs in a Code violation case under § 5–601 of this part 18
796		-	involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 19
797		-	CANNABIS NOT EXCEEDI NG DOUBLE THE PERSON AL USE AMOUNT in which costs are 20
798		-	imposed are $5. 21
799		-
800		-	(k) (1) The State’s Attorney for any county may prosecute a Code violation 22
801		-	under § 5–601 of this part involving the use or possession of [less than 10 grams of 23
802		-	marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE PERSONAL USE 24
803		-	AMOUNT in the same manner as prosecution of a violation of the criminal laws of the State. 25
804		-
805		-	(2) In a Code violation case under § 5–601 of this part involving the use or 26
806		-	possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 27
807		-	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT , the State’s Attorney may: 28
808		-
809		-	(i) enter a nolle prosequi or move to place the case on the stet docket; 29
810		-	and 30
811		-
812		-	(ii) exercise authority in the same manner as prescribed by law for 31
813		-	violation of the criminal laws of the State. 32 18 SENATE BILL 833
814		-
815		-
816		-
817		-	(l) A person issued a citation for a violation of § 5–601 of this part involving the 1
818		-	use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 2
819		-	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT who is under the age of 18 years 3
820		-	shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the 4
821		-	Courts Article. 5
822		-
823		-	(m) A citation for a violation of § 5–601 of this part involving the use or possession 6
824		-	of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING 7
825		-	DOUBLE THE PERSONAL USE AMOUNT and the official record of a court regarding the 8
826		-	citation are not subject to public inspection and may not be included on the public website 9
827		-	maintained by the Maryland Judiciary if: 10
828		-
829		-	(1) the defendant has prepaid the fine OR PERFORMED THE COM MUNITY 11
830		-	SERVICE; 12
831		-
832		-	(2) the defendant has pled guilty to or been found guilty of the Code 13
833		-	violation and has fully paid the fine OR PERFORMED THE COM MUNITY SERVICE and 14
834		-	PAID THE costs imposed for the violation; 15
835		-
836		-	(3) the defendant has received a probation before judgment and has fully 16
837		-	paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 17
838		-	imposed by the court; 18
839		-
840		-	(4) the case has been removed from the stet docket after the defendant fully 19
841		-	paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 20
842		-	imposed by the court; 21
843		-
844		-	(5) the State has entered a nolle prosequi; 22
845		-
846		-	(6) the defendant has been found not guilty of the charge; or 23
847		-
848		-	(7) the charge has been dismissed. 24
849		-
850		-	5–601.2. 25
851		-
852		-	(A) A PERSON MAY NOT SMOKE CANN ABIS IN A PUBLIC PLA CE, AS DEFINED 26
853		-	IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 27
854		-
855		-	(B) (1) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL 28
856		-	OFFENSE PUNISHABLE B Y A FINE NOT EXCEEDI NG $50. 29
857		-
858		-	(2) A PERSON WHO IS FOUND RESPONSIBLE F OR A CIVIL OFFENSE 30
859		-	UNDER THIS SECTION M AY REQUEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 31
860		-	5 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 32 SENATE BILL 833 19
861		-
862		-
863		-
864		-	(C) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 1
865		-	POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 2
866		-	OF THIS SECTION. 3
867		-
868		-	(D) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 4
869		-
870		-	(2) ADJUDICATION OF A VIO LATION UNDER THIS SE CTION: 5
871		-
872		-	(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 6
873		-
874		-	(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABILITIES THAT 7
875		-	MAY RESULT FROM A CR IMINAL CONVICTION . 8
876		-
877		-	(E) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 9
878		-	SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 10
879		-
880		-	(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 11
881		-	CHARGED; 12
882		-
883		-	(II) THE DATE AND TIME TH AT THE VIOLATION OCC URRED; 13
884		-
885		-	(III) THE LOCATION AT WHIC H THE VIOLATION OCCU RRED; 14
886		-
887		-	(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 15
888		-	BE IMPOSED; 16
889		-
890		-	(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 17
891		-	ALLOWED, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION ; AND 18
892		-
893		-	(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THA T THE 19
894		-	PERSON SHALL : 20
895		-
896		-	1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 21
897		-
898		-	2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 22
899		-	OR 23
900		-
901		-	3. REQUEST A T RIAL AT THE DATE , TIME, AND PLACE 24
902		-	ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 25
903		-
904		-	(2) IF A CITATION FOR A V IOLATION OF THIS SEC TION IS ISSUED TO A 26
905		-	PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 27
906		-	FOR TRIAL. 28
907		-	20 SENATE BILL 833
908		-
909		-
910		-	(F) THE FORM OF THE CITATION SHAL L BE UNIFORM THROUGH OUT THE 1
911		-	STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 2
912		-
913		-	(G) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 3
914		-	SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 4
915		-	INDIVIDUALS TO REQUE ST AND BE GRANTED COMMUNITY SE RVICE IN LIEU OF A 5
916		-	FINE. 6
917		-
918		-	(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COM MUNITY 7
919		-	SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 8
920		-	VIOLATION. 9
921		-
922		-	(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 10
923		-	FINE. 11
924		-
925		-	(H) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A R EQUEST FOR 12
926		-	TRIAL TO THE DISTRICT COURT IN THE JURISDIC TION WHERE THE CITAT ION WAS 13
927		-	ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 14
928		-
929		-	(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 15
930		-	REQUEST COMMUNITY SERVI CE IN LIEU OF A FINE WITHIN 30 DAYS AFTER THE 16
931		-	ISSUANCE OF THE CITA TION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 17
932		-	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 18
933		-	GUILTY OF A CODE VIOLATION . 19
934		-
935		-	(I) THE ISSUING JURISDICT ION SHALL FORWARD A C OPY OF THE CITATION 20
936		-	AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 21
937		-	VENUE. 22
938		-
939		-	(J) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 23
940		-	DESCRIBED IN SUBSECT ION (E)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 24
941		-	5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 25
942		-
943		-	(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO A PPEAR AFTER 26
944		-	HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 27
945		-	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 28
946		-	GUILTY OF A CODE VIOLATION . 29
947		-
948		-	(K) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 30
949		-
950		-	(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT O F THE 31
951		-	DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 32
952		-	SENATE BILL 833 21
953		-
954		-
955		-	(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 1
956		-	PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF A CR IMINAL CASE; 2
957		-
958		-	(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 3
959		-	A COPY OF THE CHARGE S AGAINST THE DEFEND ANT AND THAT THE DEF ENDANT 4
960		-	UNDERSTANDS THOSE CH ARGES; 5
961		-
962		-	(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 6
963		-	WITNESSES WHO APPEAR AGAINST THE D EFENDANT, TO PRODUCE EVIDENCE OR 7
964		-	WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 8
965		-	OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 9
966		-
967		-	(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 10
968		-	OF THE DEFENDANT ’S CHOICE AND AT THE EXPE NSE OF THE DEFENDANT ; AND 11
969		-
970		-	(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NOT GUILTY, 12
971		-	AND THE VERDICT OF T HE COURT IN THE CASE SHALL BE: 13
972		-
973		-	(I) GUILTY OF A CODE VIOLATION ; 14
974		-
975		-	(II) NOT GUILTY OF A CODE VIOLATION ; OR 15
976		-
977		-	(III) PROBATION BEFORE JUDGMENT , IMPOSED BY THE COURT 16
978		-	IN THE SAME MANNER A ND TO THE SAME EXTEN T AS IS ALLOWED BY L AW IN THE 17
979		-	TRIAL OF A CRIMINAL CASE. 18
980		-
981		-	(L) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 19
982		-	PROCEEDINGS IN THE DISTRICT COURT. 20
983		-
984		-	(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 21
985		-	SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 22
986		-
987		-	(M) (1) THE STATE’S ATTORNEY FOR ANY COUN TY MAY PROSECUTE A 23
988		-	CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 24
989		-	FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 25
990		-
991		-	(2) IN A CODE VIOLATION CASE U NDER THIS SECTION , THE STATE’S 26
992		-	ATTORNEY MAY : 27
993		-
994		-	(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 28
995		-	THE STET DOCKET ; AND 29
996		-
997		-	(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 30
998		-	PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 31 22 SENATE BILL 833
999		-
1000		-
1001		-
1002		-	(N) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 1
1003		-	IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJE CT TO THE PROCEDURES AND 2
1004		-	DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 3
1005		-
1006		-	(O) A CITATION FOR A VIOLA TION OF THIS SECTION AN D THE OFFICIAL 4
1007		-	RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 5
1008		-	INSPECTION AND MAY N OT BE INCLUDED ON TH E PUBLIC WEBSITE MAI NTAINED BY 6
1009		-	THE MARYLAND JUDICIARY IF: 7
1010		-
1011		-	(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 8
1012		-	COMMUNITY SERVICE ; 9
1013		-
1014		-	(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 10
1015		-	OF THE CODE VIOLATION AND HA S FULLY PAID THE FIN E OR PERFORMED THE 11
1016		-	COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 12
1017		-
1018		-	(3) THE DEFENDANT HAS RE CEIVED A PROBA TION BEFORE 13
1019		-	JUDGMENT AND HAS FUL LY PAID THE FINE OR PERFORMED THE COMMUN ITY 14
1020		-	SERVICE AND COMPLETE D ANY TERMS IMPOSED BY THE COURT; 15
1021		-
1022		-	(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 16
1023		-	THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 17
1024		-	THE COURT; 18
1025		-
1026		-	(5) THE STATE HAS ENTERED A N OLLE PROSEQUI ; 19
1027		-
1028		-	(6) THE DEFENDANT HAS BE EN FOUND NOT GUILTY OF THE CHARGE ; 20
1029		-	OR 21
1030		-
1031		-	(7) THE CHARGE HAS BEEN DISMISSED. 22
1032		-
1033		-	5–601.3. 23
1034		-
1035		-	(A) A PERSON MAY NOT CULTI VATE CANNABIS PLANTS IN A MANNER THAT 24
1036		-	IS CONTRARY TO THIS SECTION. 25
1037		-
1038		-	(B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE 26
1039		-	THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 27
1040		-	PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 28
1041		-	OPTICAL AIDS. 29
1042		-	SENATE BILL 833 23
1043		-
1044		-
1045		-	(C) (1) IN THIS SUBSECTIO N, “REASONABLE PRECAUTIO NS” INCLUDES 1
1046		-	CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 2
1047		-	UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 3
1048		-
1049		-	(2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAK E REASONABLE 4
1050		-	PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZED AC CESS 5
1051		-	AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS. 6
1052		-
1053		-	(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 7
1054		-	POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSO N IN 8
1055		-	LAWFUL POSSESSION OF THE PROPERTY . 9
1056		-
1057		-	(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS 10
1058		-	PLANTS. 11
1059		-
1060		-	(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN FOUR CANNABIS 12
1061		-	PLANTS. 13
1062		-
1063		-	(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT 14
1064		-	THE SAME RESIDENCE , NOT MORE THAN EIGHT CANNABIS PLANTS MAY BE 15
1065		-	CULTIVATED AT THAT R ESIDENCE. 16
1066		-
1067		-	(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 17
1068		-	PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL OFFENS E PUNISHABLE 18
1069		-	BY A FINE NOT EXCEED ING $750. 19
1070		-
1071		-	(2) A PERSON WHO VIOLATES THIS SECTION BY CUL TIVATING MORE 20
1072		-	THAN FOUR PLANTS BUT LESS THAN EIGHT PLAN TS IS GUILTY OF A CIVIL OFFENSE 21
1073		-	PUNISHABLE BY A FINE NOT EXCEEDING $250. 22
1074		-
1075		-	(3) A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL OFFENSE 23
1076		-	UNDER THIS SECTION M AY REQUEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 24
1077		-	50 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 25
1078		-
1079		-	(H) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 26
1080		-	POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 27
1081		-	OF THIS SECTION. 28
1082		-
1083		-	(I) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 29
1084		-
1085		-	(2) ADJUDICATION OF A VIO LATION UNDER THIS SE CTION: 30
1086		-
1087		-	(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 31
1088		-	24 SENATE BILL 833
1089		-
1090		-
1091		-	(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABIL ITIES THAT 1
1092		-	MAY RESULT FROM A CR IMINAL CONVICTION . 2
1093		-
1094		-	(J) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SE CTION SHALL BE 3
1095		-	SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 4
1096		-
1097		-	(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 5
1098		-	CHARGED; 6
1099		-
1100		-	(II) THE DATE AND TIME TH AT THE VIOLATION OCC URRED; 7
1101		-
1102		-	(III) THE LOCATION AT WHICH THE VIOLATI ON OCCURRED ; 8
1103		-
1104		-	(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 9
1105		-	BE IMPOSED; 10
1106		-
1107		-	(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 11
1108		-	ALLOWED, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION ; AND 12
1109		-
1110		-	(VI) A NOTICE IN BOLDFAC E TYPE THAT STATES T HAT THE 13
1111		-	PERSON SHALL : 14
1112		-
1113		-	1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 15
1114		-
1115		-	2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 16
1116		-	OR 17
1117		-
1118		-	3. REQUEST A TRIAL AT T HE DATE, TIME, AND PLACE 18
1119		-	ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 19
1120		-
1121		-	(2) IF A CITATION FOR A V IOLATION OF THIS SEC TION IS ISSUED TO A 20
1122		-	PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 21
1123		-	FOR TRIAL. 22
1124		-
1125		-	(K) THE FORM OF THE CITAT ION SHALL BE UNIFORM THROUGHOUT THE 23
1126		-	STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 24
1127		-
1128		-	(L) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 25
1129		-	SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 26
1130		-	INDIVIDUALS TO REQUE ST AND BE GRANTED CO MMUNITY SERVICE IN L IEU OF A 27
1131		-	FINE. 28
1132		-	SENATE BILL 833 25
1133		-
1134		-
1135		-	(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COMMUNITY 1
1136		-	SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 2
1137		-	VIOLATION. 3
1138		-
1139		-	(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 4
1140		-	FINE. 5
1141		-
1142		-	(M) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A R EQUEST FOR 6
1143		-	TRIAL TO THE DISTRICT COURT IN THE JURISDICTION WHERE THE CITATION W AS 7
1144		-	ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 8
1145		-
1146		-	(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 9
1147		-	REQUEST COMMUNITY SE RVICE IN LIEU OF A F INE WITHIN 30 DAYS AFTER THE 10
1148		-	ISSUANCE OF THE CITATION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 11
1149		-	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 12
1150		-	GUILTY OF A CODE VIOLATION . 13
1151		-
1152		-	(N) THE ISSUING JURISDICT ION SHALL FORWARD A COPY OF THE CITATION 14
1153		-	AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 15
1154		-	VENUE. 16
1155		-
1156		-	(O) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 17
1157		-	DESCRIBED IN SUBSECT ION (J)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 18
1158		-	5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 19
1159		-
1160		-	(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO APPEAR AFTER 20
1161		-	HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 21
1162		-	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 22
1163		-	GUILTY OF A CODE VIOLATION . 23
1164		-
1165		-	(P) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 24
1166		-
1167		-	(1) THE STATE HAS THE BURDEN T O PROVE THE GUILT OF THE 25
1168		-	DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 26
1169		-
1170		-	(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 27
1171		-	PRESCRIBED BY LAW OR RULE FOR THE TRIAL O F A CRIMINAL CASE ; 28
1172		-
1173		-	(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 29
1174		-	A COPY OF THE CHARGE S AGAINST THE DEFEND ANT AND THAT THE DEF ENDANT 30
1175		-	UNDERSTANDS THOSE CH ARGES; 31
1176		-
1177		-	(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 32
1178		-	WITNESSES WHO APPEAR AGAINST THE DEFENDAN T, TO PRODUCE EVIDENCE OR 33 26 SENATE BILL 833
1179		-
1180		-
1181		-	WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 1
1182		-	OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 2
1183		-
1184		-	(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 3
1185		-	OF THE DEFENDANT ’S CHOICE AND AT THE EXPENSE OF THE DEFEN DANT; AND 4
1186		-
1187		-	(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NO T GUILTY, 5
1188		-	AND THE VERDICT OF T HE COURT IN THE CASE SHALL BE: 6
1189		-
1190		-	(I) GUILTY OF A CODE VIOLATION ; 7
1191		-
1192		-	(II) NOT GUILTY OF A CODE VIOLATION ; OR 8
1193		-
1194		-	(III) PROBATION BEFORE JUD GMENT, IMPOSED BY THE COURT 9
1195		-	IN THE SAME MANNER A ND TO THE SAME EX TENT AS IS ALLOWED B Y LAW IN THE 10
1196		-	TRIAL OF A CRIMINAL CASE. 11
1197		-
1198		-	(Q) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 12
1199		-	PROCEEDINGS IN THE DISTRICT COURT. 13
1200		-
1201		-	(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 14
1202		-	SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 15
1203		-
1204		-	(R) (1) THE STATE’S ATTORNEY FOR ANY COUN TY MAY PROSECUTE A 16
1205		-	CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 17
1206		-	FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 18
1207		-
1208		-	(2) IN A CODE VIOLATION CASE U NDER THIS SECTION , THE STATE’S 19
1209		-	ATTORNEY MAY : 20
1210		-
1211		-	(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 21
1212		-	THE STET DOCKET ; AND 22
1213		-
1214		-	(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 23
1215		-	PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 24
1216		-
1217		-	(S) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 25
1218		-	IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJE CT TO THE PROCEDURES AND 26
1219		-	DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 27
1220		-
1221		-	(T) A CITATION FOR A VIOLA TION OF THIS SECTION AND THE OFFICIAL 28
1222		-	RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 29
1223		-	INSPECTION AND MAY N OT BE INCLUDED ON TH E PUBLIC WEBSITE MAI NTAINED BY 30
1224		-	THE MARYLAND JUDICIARY IF: 31 SENATE BILL 833 27
1225		-
1226		-
1227		-
1228		-	(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 1
1229		-	COMMUNITY SERVICE ; 2
1230		-
1231		-	(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 3
1232		-	OF THE CODE VIOLATION AND HA S FULLY PAID THE FIN E OR PERFORMED THE 4
1233		-	COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 5
1234		-
1235		-	(3) THE DEFENDANT HAS RE CEIVED A PROBATION B EFORE 6
1236		-	JUDGMENT AND HAS FUL LY PAID THE FINE OR PERFORMED THE COMMUN ITY 7
1237		-	SERVICE AND COMPLETED ANY TERMS IMPOSED BY THE COURT; 8
1238		-
1239		-	(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 9
1240		-	THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 10
1241		-	THE COURT; 11
1242		-
1243		-	(5) THE STATE HAS ENTERED A N OLLE PROSEQUI ; 12
1244		-
1245		-	(6) THE DEFENDANT HAS BEEN F OUND NOT GUILTY OF T HE CHARGE; 13
1246		-	OR 14
1247		-
1248		-	(7) THE CHARGE HAS BEEN DISMISSED. 15
1249		-
1250		-	5–612. 16
1251		-
1252		-	(a) [A] EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A person may not 17
1253		-	manufacture, distribute, dispense, or possess: 18
1254		-
1255		-	(1) 50 pounds or more of [marijuana] CANNABIS; 19
1256		-
1257		-	(2) 448 grams or more of cocaine; 20
1258		-
1259		-	(3) 448 grams or more of any mixture containing a detectable amount, as 21
1260		-	scientifically measured using representative sampling methodology, of cocaine; 22
1261		-
1262		-	(4) 448 grams or more of cocaine base, commonly known as “crack”; 23
1263		-
1264		-	(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 24
1265		-	or salt of an isomer of morphine or opium; 25
1266		-
1267		-	(6) 28 grams or more of any mixture containing a detectable amount, as 26
1268		-	scientifically measured using representative sampling methodology, of morphine or opium 27
1269		-	or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 28
1270		-
1271		-	(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 29
1272		-	is scheduled by the United States Drug Enforcement Administration; 30 28 SENATE BILL 833
1273		-
1274		-
1275		-
1276		-	(8) 28 grams or more of any mixture containing a detectable amount, as 1
1277		-	scientifically measured using representative sampling methodology, of fentanyl or any 2
1278		-	structural variation of fentanyl that is scheduled by the United States Drug Enforcement 3
1279		-	Administration; 4
1280		-
1281		-	(9) 1,000 dosage units or more of lysergic acid diethylamide; 5
1282		-
1283		-	(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 6
1284		-	acid diethylamide; 7
1285		-
1286		-	(11) 16 ounces or more of phencyclidine in liquid form; 8
1287		-
1288		-	(12) 448 grams or more of any mixture containing a detectable amount, as 9
1289		-	scientifically measured using representative sampling methodology, of phencyclidine; 10
1290		-
1291		-	(13) 448 grams or more of methamphetamine; or 11
1292		-
1293		-	(14) 448 grams or more of any mixture containing a detectable amount, as 12
1294		-	scientifically measured using representative sampling methodology, of methamphetamine. 13
1295		-
1296		-	(b) For the purpose of determining the quantity of a controlled dangerous 14
1297		-	substance involved in individual acts of manufacturing, distributing, dispensing, or 15
1298		-	possessing under subsection (a) of this section, the acts may be aggregated if each of the 16
1299		-	acts occurred within a 90–day period. 17
1300		-
1301		-	(c) (1) A person who is convicted of a violation of subsection (a) of this section 18
1302		-	shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not 19
1303		-	exceeding $100,000. 20
1304		-
1305		-	(2) The court may not suspend any part of the mandatory minimum 21
1306		-	sentence of 5 years. 22
1307		-
1308		-	(3) Except as provided in § 4–305 of the Correctional Services Article, the 23
1309		-	person is not eligible for parole during the mandatory minimum sentence. 24
1310		-
1311		-	5–614. 25
1312		-
1313		-	(a) (1) Unless authorized by law to possess the substance, a person may not 26
1314		-	bring into the State: 27
1315		-
1316		-	(i) 45 kilograms or more of [marijuana] CANNABIS; 28
1317		-
1318		-	(ii) 28 grams or more of cocaine; 29
1319		-
1320		-	(iii) any mixture containing 28 grams or more of cocaine; 30
1321		-	SENATE BILL 833 29
1322		-
1323		-
1324		-	(iv) 4 grams or more of morphine or opium or any derivative, salt, 1
1325		-	isomer, or salt of an isomer of morphine or opium; 2
1326		-
1327		-	(v) 1,000 dosage units of lysergic acid diethylamide; 3
1328		-
1329		-	(vi) any mixture containing the equivalent of 1,000 dosage units of 4
1330		-	lysergic acid diethylamide; 5
1331		-
1332		-	(vii) 28 grams or more of phencyclidine in liquid or powder form; 6
1333		-
1334		-	(viii) 112 grams or more of any mixture containing phencyclidine; 7
1335		-
1336		-	(ix) 1,000 dosage units or more of methaqualone; 8
1337		-
1338		-	(x) 28 grams or more of methamphetamine; 9
1339		-
1340		-	(xi) any mixture containing 28 grams or more of methamphetamine; 10
1341		-	or 11
1342		-
1343		-	(xii) 4 grams or more of fentanyl or a fentanyl analogue. 12
1344		-
1345		-	(2) A person who violates this subsection is guilty of a felony and on 13
1346		-	conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 14
1347		-	or both. 15
1348		-
1349		-	(b) (1) Unless authorized by law to possess the [marijuana] CANNABIS, a 16
1350		-	person may not bring into the State more than 5 kilograms but less than 45 kilograms of 17
1351		-	[marijuana] CANNABIS. 18
1352		-
1353		-	(2) A person who violates this subsection is guilty of a felony and on 19
1354		-	conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 20
1355		-	or both. 21
1356		-
1357		-	5–619. 22
1358		-
1359		-	(c) (1) [This subsection does not apply to the use or possession of drug 23
1360		-	paraphernalia involving the use or possession of marijuana. 24
1361		-
1362		-	(2)] Unless authorized under this title, a person may not use or possess with 25
1363		-	intent to use drug paraphernalia to: 26
1364		-
1365		-	(i) plant, propagate, cultivate, grow, harvest, manufacture, 27
1366		-	compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 28
1367		-	controlled dangerous substance; or 29
1368		-
1369		-	(ii) inject, ingest, inhale, or otherwise introduce into the human body 30
1370		-	a controlled dangerous substance. 31 30 SENATE BILL 833
1371		-
1372		-
1373		-
1374		-	[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 1
1375		-	and on conviction is subject to: 2
1376		-
1377		-	(i) for a first violation, a fine not exceeding $500; and 3
1378		-
1379		-	(ii) for each subsequent violation, imprisonment not exceeding 2 4
1380		-	years or a fine not exceeding $2,000 or both. 5
1381		-
1382		-	[(4)] (3) A person who is convicted of violating this subsection for the first 6
1383		-	time and who previously has been convicted of violating subsection (d)(4) of this section is 7
1384		-	subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 8
1385		-
1386		-	5–620. 9
1387		-
1388		-	(a) Unless authorized under this title, a person may not: 10
1389		-
1390		-	(1) obtain or attempt to obtain controlled paraphernalia by: 11
1391		-
1392		-	(i) fraud, deceit, misrepresentation, or subterfuge; 12
1393		-
1394		-	(ii) counterfeiting a prescription or a written order; 13
1395		-
1396		-	(iii) concealing a material fact or the use of a false name or address; 14
1397		-
1398		-	(iv) falsely assuming the title of or representing to be a 15
1399		-	manufacturer, distributor, or authorized provider; or 16
1400		-
1401		-	(v) making or issuing a false or counterfeit prescription or written 17
1402		-	order; or 18
1403		-
1404		-	(2) possess or distribute controlled paraphernalia under circumstances 19
1405		-	which reasonably indicate an intention to use the controlled paraphernalia for purposes of 20
1406		-	illegally administering a controlled dangerous substance. 21
1407		-
1408		-	(b) Evidence of circumstances that reasonably indicate an intent to use controlled 22
1409		-	paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 23
1410		-	substance unlawfully include the close proximity of the controlled paraphernalia to an 24
1411		-	adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 25
1412		-	distribute, or dispense controlled dangerous substances, including: 26
1413		-
1414		-	(1) a scale; 27
1415		-
1416		-	(2) a sieve; 28
1417		-
1418		-	(3) a strainer; 29
1419		-	SENATE BILL 833 31
1420		-
1421		-
1422		-	(4) a measuring spoon; 1
1423		-
1424		-	(5) staples; 2
1425		-
1426		-	(6) a stapler; 3
1427		-
1428		-	(7) a glassine envelope; 4
1429		-
1430		-	(8) a gelatin capsule; 5
1431		-
1432		-	(9) procaine hydrochloride; 6
1433		-
1434		-	(10) mannitol; 7
1435		-
1436		-	(11) lactose; 8
1437		-
1438		-	(12) quinine; and 9
1439		-
1440		-	(13) a controlled dangerous substance. 10
1441		-
1442		-	(c) Information that is communicated to a physician to obtain controlled 11
1443		-	paraphernalia from the physician in violation of this subtitle is not a privileged 12
1444		-	communication. 13
1445		-
1446		-	(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 14
1447		-	violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 15
1448		-	not exceeding 4 years or a fine not exceeding $25,000 or both. 16
1449		-
1450		-	[(2) A person who violates this section involving the use or possession of 17
1451		-	marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 18
1452		-	or both.] 19
1453		-
1454		-	5–629. 20
1455		-
1456		-	THE OFFENSES AND PENA LTIES IN THIS SUBTIT LE DO NOT APPLY TO 21
1457		-	ACTIVITIES RELATED T O CANNABIS OR CANNAB IS ACCESSORIES THAT ARE LEGAL 22
1458		-	UNDER: 23
1459		-
1460		-	(1) TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE; OR 24
1461		-
1462		-	(2) TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 25
1463		-
1464		-	10–113. 26
1465		-
1466		-	An individual may not knowingly and willfully make a misrepresentation or false 27
1467		-	statement as to the age of that individual or another to any person licensed to sell alcoholic 28 32 SENATE BILL 833
1468		-
1469		-
1470		-	beverages OR CANNABIS or engaged in the sale of alcoholic beverages OR CANNABIS , for 1
1471		-	the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic 2
1472		-	beverage OR CANNABIS to an individual. 3
1473		-
1474		-	10–116. 4
1475		-
1476		-	An individual may not obtain, or attempt to obtain by purchase or otherwise, an 5
1477		-	alcoholic beverage OR CANNABIS from any person licensed to sell alcoholic beverages OR 6
1478		-	CANNABIS for consumption by another who the individual obtaining or attempting to 7
1479		-	obtain the beverage OR CANNABIS knows is under the age of 21 years. 8
1480		-
1481		-	10–117. 9
1482		-
1483		-	(a) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (D) of this 10
1484		-	section, a person may not furnish an alcoholic beverage, CANNABIS, OR CANNABIS 11
1485		-	ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE to an 12
1486		-	individual if: 13
1487		-
1488		-	(1) the person furnishing the alcoholic beverage, CANNABIS, OR 14
1489		-	CANNABIS ACCESSORIES knows that the individual is under the age of 21 years; and 15
1490		-
1491		-	(2) the alcoholic beverage [is], CANNABIS, OR CANNABIS ACCESSOR IES 16
1492		-	ARE furnished for the purpose of consumption by the individual under the age of 21 years. 17
1493		-
1494		-	(b) Except as provided in subsection (c) of this section, an adult may not 18
1495		-	knowingly and willfully allow an individual under the age of 21 years actually to possess 19
1496		-	or consume an alcoholic beverage OR CANNABIS at a residence, or within the curtilage of 20
1497		-	a residence that the adult owns or leases and in which the adult resides. 21
1498		-
1499		-	(c) (1) The prohibition set forth in subsection (a) of this section does not apply 22
1500		-	if [the] A person furnishing [the] AN alcoholic beverage and the individual to whom the 23
1501		-	alcoholic beverage is furnished: 24
1502		-
1503		-	(i) are members of the same immediate family, and the alcoholic 25
1504		-	beverage is furnished and consumed in a private residence or within the curtilage of the 26
1505		-	residence; or 27
1506		-
1507		-	(ii) are participants in a religious ceremony. 28
1508		-
1509		-	(2) The prohibition set forth in subsection (b) of this section does not apply 29
1510		-	if [the] AN adult allowing the possession or consumption of [the] AN alcoholic beverage and 30
1511		-	the individual under the age of 21 years who possesses or consumes the alcoholic beverage: 31
1512		-
1513		-	(i) are members of the same immediate family, and the alcoholic 32
1514		-	beverage is possessed and consumed in a private residence, or within the curtilage of the 33
1515		-	residence, of the adult; or 34 SENATE BILL 833 33
1516		-
1517		-
1518		-
1519		-	(ii) are participants in a religious ceremony. 1
1520		-
1521		-	(d) THE PROHIBITIONS SET FORTH IN SUBSECTIONS (A) AND (B) OF THIS 2
1522		-	SECTION DO NOT APP LY IN THE CASE OF AN INDIVIDUAL UNDER THE AGE OF 21 3
1523		-	YEARS WHO IS ALLOWED TO POSSESS CANNABIS AND CANNABIS ACCESSO RIES 4
1524		-	UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 5
1525		-
1526		-	(E) A person may not violate subsection (a) or (b) of this section if the violation 6
1527		-	involves an individual under the age of 21 years who: 7
1528		-
1529		-	(1) the person knew or reasonably should have known would operate a 8
1530		-	motor vehicle after consuming the alcoholic beverage OR CANNABIS; and 9
1531		-
1532		-	(2) as a result of operating a motor vehicle while under the influence of 10
1533		-	alcohol or while impaired by alcohol OR CANNABIS, causes serious physical injury or death 11
1534		-	to the individual or another. 12
1535		-
1536		-	Article – Criminal Procedure 13
1537		-
1538		-	10–105.3. 14
1539		-
1540		-	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 15
1541		-	INDICATED. 16
1542		-
1543		-	(2) “AUTOMATIC EXPUNGEMENT ” MEANS EXPUNGEMENT WI THOUT 17
1544		-	THE FILING OF A PETI TION OR PAYMENT OF A FEE BY THE PERSON WH O IS THE 18
1545		-	SUBJECT OF THE RECOR DS TO BE EXPUNGED . 19
1546		-
1547		-	(3) “PERSONAL USE AMOUNT ” HAS THE MEA NING STATED IN § 5–601 20
1548		-	OF THE CRIMINAL LAW ARTICLE. 21
1549		-
1550		-	(B) ALL COURT RECORDS AND POLICE RECORDS RELAT ING TO ANY 22
1551		-	DISPOSITION OF A CHA RGE OF POSSESSION OF CANNABIS UNDER § 5–601 OF THE 23
1552		-	CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY OF CANNABIS THAT DID NOT 24
1553		-	EXCEED THE PERSONAL USE AMO UNT ENTERED BEFORE OCTOBER 1, 2023, WHERE 25
1554		-	POSSESSION OF CANNAB IS IS THE ONLY CHARG E IN THE CASE , SHALL BE 26
1555		-	AUTOMATICALLY EXPUNG ED ON OR BEFORE OCTOBER 1, 2023. 27
1556		-
1557		-	(C) NOTWITHSTANDING § 10–107 OF THIS SUBTITLE , ALL COURT RECORDS 28
1558		-	AND POLICE RECORDS RELATING TO ANY DISPOSITION OF A CHARGE OF POSSESSION 29
1559		-	OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A 30
1560		-	QUANTITY OF CANNABIS THAT DID NOT EXCEED THE PERSONAL USE AMO UNT 31
1561		-	ENTERED BEFORE OCTOBER 1, 2023, WHERE THE DEFENDANT WAS ALSO CHARGED 32
1562		-	WITH ONE OR MORE OTH ER CRIMES IN THE SAM E CASE, REGARDLESS OF THE 33 34 SENATE BILL 833
1563		-
1564		-
1565		-	DISPOSITION OF THE O THER CHARGE OR CHARG ES, SHALL BE AUTOMATICAL LY 1
1566		-	EXPUNGED ON OR BEFOR E OCTOBER 1, 2024. 2
1567		-
1568		-	(D) WITH REGARD TO ANY DI SPOSITION OF A CHARG E OF POSSESSION OF 3
1569		-	CANNABIS UN DER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY 4
1570		-	OF CANNABIS THAT DID NOT EXCEED THE PERSO NAL USE AMOUNT ENTER ED ON OR 5
1571		-	AFTER OCTOBER 1, 2022, OR A CIVIL CHARGE UN DER § 5–601.1 OR § 5–601.2 OF THE 6
1572		-	CRIMINAL LAW ARTICLE, NOTWITHSTANDING § 10–107 OF THIS SUBTITLE: 7
1573		-
1574		-	(1) THE COURT WITH JURIS DICTION OVER THE CAS E SHALL INITIATE 8
1575		-	EFFORTS TO AUTOMATIC ALLY EXPUNGE ALL COU RT RECORDS AND POLIC E 9
1576		-	RECORDS RELATING TO THE CHARGE 1 YEAR AFTER DISPOSITI ON OF THE CHARGE ; 10
1577		-	AND 11
1578		-
1579		-	(2) EXPUNGEMENT OF COURT RECORDS AN D POLICE RECORDS 12
1580		-	RELATING TO THE CHAR GE SHALL BE COMPLETE D ON OR BEFORE 1 YEAR AND 90 13
1581		-	DAYS AFTER DISPOSITI ON. 14
1582		-
1583		-	10–105.4. 15
1584		-
1585		-	(A) IN THIS SECTION, “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED 16
1586		-	IN § 5–601 OF THE CRIMINAL LAW ARTICLE. 17
1587		-
1588		-	(B) (1) THE LEGALIZATION OF POSSESSION AND CU LTIVATION OF A 18
1589		-	PERSONAL USE AMOUNT OF CANNABIS BY PERSO NS AT LEAST 21 YEARS OLD UNDER 19
1590		-	TITLE 23 OF THE HEALTH – GENERAL ARTICLE IS RETROACTIV E. 20
1591		-
1592		-	(2) ALL CHARGES PENDING O N OCTOBER 1, 2022, FOR POSSESSION 21
1593		-	OR CULTIVATION OF A PERSONAL US E AMOUNT OF CANNABIS BY A PERSON WHO IS 22
1594		-	AT LEAST 21 YEARS OLD SHALL BE D ISMISSED. 23
1595		-
1596		-	(3) (I) A PERSON INCARCERATED OR UNDER SUPERVISION ON OR 24
1597		-	AFTER OCTOBER 1, 2022, FOR AN OFFENSE INVOL VING THE POSSESSION OR 25
1598		-	CULTIVATION OF A PER SONAL USE AMOUNT OF CANNABIS MAY PRESENT AN 26
1599		-	APPLICATION FOR RELE ASE TO THE COURT THA T SENTENCED THE PERS ON. 27
1600		-
1601		-	(II) 1. THE COURT SHALL GRANT THE PETITION AND 28
1602		-	VACATE THE CONVICTIO N. 29
1603		-
1604		-	2. IF THE PERSON IS NOT SERVING A CONCURRENT OR 30
1605		-	CONSECUTIVE SENTENCE FOR ANOTHER OFFENSE , THE PER SON SHALL BE 31
1606		-	RELEASED FROM INCARC ERATION OR SUPERVISI ON. 32
1607		-	SENATE BILL 833 35
1608		-
1609		-
1610		-	(C) (1) A PERSON INCARCERATED OR UNDER SUPERVISION ON OCTOBER 1
1611		-	1, 2022, FOR AN OFFENSE INVOL VING THE POSSESSION , CULTIVATION, PROCESSING, 2
1612		-	OR SALE OF CANNABIS MAY PRESENT AN APPLI CATION FOR RESENTENC ING TO THE 3
1613		-	COURT THAT SENTENCED THE PERSON REGARDLES S OF WHETHER THE PER SON HAS 4
1614		-	PREVIOUSLY FILED A P ETITION FOR RESENTEN CING. 5
1615		-
1616		-	(2) THE COURT SHALL CONSI DER THE INDIVIDUAL C IRCUMSTANCES 6
1617		-	OF EACH CASE AND SHA LL REDUCE THE APPLIC ANT’S SENTENCE IF THE CO URT 7
1618		-	FINDS THAT DOING SO W OULD BE IN THE INTER ESTS OF JUSTICE, IN LIGHT OF THE 8
1619		-	ELIMINATION AND REDU CTION IN PENALTIES A SSOCIATED WITH 9
1620		-	CANNABIS–RELATED CONDUCT AND PAST RACIAL DISPARIT IES IN THE 10
1621		-	ENFORCEMENT OF CANNA BIS LAWS. 11
1622		-
1623		-	(3) THE SENTENCE OF THE A PPLICANT MAY NOT BE INCREASED AT A 12
1624		-	PROCEEDING DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION . 13
1625		-
1626		-	(D) (1) A PERSON PREVIOUSLY CO NVICTED OF AN OFFENS E INVOLVING 14
1627		-	THE POSSESSION , CULTIVATION, PROCESSING, OR SALE OF CANNABIS NOT LISTED 15
1628		-	IN § 10–105.3 OF THIS SUBTITLE WHO IS NOT INCARCERATED O R UNDER 16
1629		-	SUPERVISION AT THE T IME OF THE PETITION MAY PRESENT AN APPLI CATION FOR 17
1630		-	EXPUNGEMENT TO THE C OURT. 18
1631		-
1632		-	(2) THE COURT SHALL CONSI DER THE INDIVIDUAL C IRCUMSTANCES 19
1633		-	OF A CASE DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION A ND SHALL 20
1634		-	EXPUNGE THE APPLICANT ’S RECORD IF THE COUR T FINDS THAT DOING S O WOULD 21
1635		-	BE IN THE INTERESTS OF JUSTICE, IN LIGHT OF THE ELIM INATION AND REDUCTIO N 22
1636		-	IN PENALTIES ASSOCIA TED WITH CANNABIS –RELATED CONDUCT AND PAST RACIAL 23
1637		-	DISPARITIES IN THE E NFORCEMENT OF CANNAB IS LAWS. 24
1638		-
1639		-	(E) (1) ANY INDIVIDUAL PETITI ONING FOR RELEASE OR RESENTENCING 25
1640		-	IN ACCORDANCE WITH S UBSECTION (B) OR (C) OF THIS SECTION IS E LIGIBLE FOR 26
1641		-	REPRESENTATION BY TH E OFFICE OF THE PUBLIC DEFENDER. 27
1642		-
1643		-	(2) ON AND AFTER JANUARY 1, 2024, ANY INDIVIDUAL PETIT IONING 28
1644		-	FOR EXPUNGEMENT UNDE R SUBSECTION (D) OF THIS SECTION IS E LIGIBLE FOR 29
1645		-	REPRESENTATION BY TH E OFFICE OF THE PUBLIC DEFENDER. 30
1646		-
1647		-	(F) (1) IN A PROCEEDING BROUG HT UNDER THIS SECTIO N, THE STATE’S 31
1648		-	ATTORNEY SHALL RECEIV E NOTICE AND MAY BE HEARD. 32
1649		-
1650		-	(2) IN A FACTUAL DISPUTE WITH IN A PROCEEDING UNDE R THIS 33
1651		-	SECTION, THE PROSECUTION SHAL L BEAR THE BURDEN OF PROOF BY A 34
1652		-	PREPONDERANCE OF THE EVIDENCE. 35
1653		-	36 SENATE BILL 833
1654		-
1655		-
1656		-	(3) IF THE STATE’S ATTORNEY DOES NOT REQ UEST TO BE HEARD IN 1
1657		-	A PROCEEDING UNDER T HIS SECTION, THE COURT SHALL MAKE ALL FACTUAL 2
1658		-	DETERMINATIONS BASED ON A PREPONDERANCE O F THE EVIDENCE . 3
1659		-
1660		-	(G) FUNDS SHALL BE ALLOCA TED BY THE OFFICE OF SOCIAL EQUITY FROM 4
1661		-	THE COMMUNITY REINVESTMENT AND REPAIR FUND TO COVER THE COS T TO THE 5
1662		-	OFFICE OF THE PUBLIC DEFENDER, STATE’S ATTORNEY’S OFFICES, AND COURTS, 6
1663		-	AS PART OF THE COST OF ADMINISTERING TITLE 23 OF THE HEALTH – GENERAL 7
1664		-	ARTICLE. 8
1665		-
1666		-	(H) IF A NONCITIZEN REQUE STS IN WRITING TO TH E OFFICE OF THE CLER K 9
1667		-	OF THE COURT RECORDS RELATED TO AN OFFENS E LISTED IN SUBSECTI ON (B), (C), 10
1668		-	OR (D) OF THIS SECTION FOR IMMIGRAT ION PURPOSES , THOSE RECORDS SHALL BE 11
1669		-	PROVIDED IF AVAILABL E, OR A STATEMENT SHALL BE PROVIDED THAT NO RECORDS 12
1670		-	CAN BE FOUND , WITHIN 30 DAYS AFTER THE REQUE ST. 13
1671		-
1672		-	Article – Health – General 14
1673		-
1674		-	TITLE 23. CANNABIS. 15
1675		-
1676		-	SUBTITLE 1. DEFINITIONS. 16
1677		-
1678		-	23–101. 17
1679		-
1680		-	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 18
1681		-	INDICATED. 19
1682		-
1683		-	(B) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 20
	87	+	(2021 Replacement Volume) 31
	88	+
	89	+	BY adding to 32
	90	+	Article – Tax – General 33
	91	+	Section 12.5–101 through 12.5–104 to be under the new title “Title 12.5. Cannabis 34
	92	+	Tax” 35
	93	+	Annotated Code of Maryland 36
	94	+	(2016 Replacement Volume and 2021 Supplement) 37
	95	+
	96	+	BY repealing and reenacting, with amendments, 38
	97	+	Article – Transportation 39 SENATE BILL 833 3
	98	+
	99	+
	100	+	Section 21–902(a) 1
	101	+	Annotated Code of Maryland 2
	102	+	(2020 Replacement Volume and 2021 Supplement) 3
	103	+
	104	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
	105	+	(Three–fifths of all the members elected to each of the two Houses concurring), That it be 5
	106	+	proposed that the Maryland Constitution read as follows: 6
	107	+
	108	+	ARTICLE XX – CANNABIS 7
	109	+
	110	+	1. 8
	111	+
	112	+	(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR AFTER JULY 1, 9
	113	+	2023, AN INDIVIDUAL IN THE STATE WHO IS AT LEAST 21 YEARS OLD MAY USE AN D 10
	114	+	POSSESS CANNABIS . 11
	115	+
	116	+	(B) THE GENERAL ASSEMBLY SHALL , BY LAW, PROVIDE FOR THE USE , 12
	117	+	DISTRIBUTION, POSSESSION, REGULATION , AND TAXATION OF CANN ABIS WITHIN 13
	118	+	THE STATE. 14
	119	+
	120	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
	121	+	as follows: 16
	122	+
	123	+	Article – Criminal Law 17
	124	+
	125	+	5–101. 18
	126	+
	127	+	(a) In this title the following words have the meanings indicated. 19
	128	+
	129	+	(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 20
1684	130		PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 21
1685	131		ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, WHETHER GROWING OR N OT, WITH 22
1686	132		A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 23
1687	133		DRY WEIGHT BASIS . 24
1688	134
1689	135		(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 25
1690	136		OF THE AGRICULTURE ARTICLE. 26
1691	137
1692		-	(C) “CANNABIS ACCESSORIES ” MEANS ANY EQUIPMENT , PRODUCTS, OR 27
1693		-	MATERIALS OF ANY KIN D THAT ARE USED , INTENDED FOR USE , OR DESIGNED FOR 28
1694		-	USE IN PLANTING , PROPAGATING , CULTIVATING, GROWING, HARVESTING, 29
1695		-	COMPOSTING , MANUFACTURING , COMPOUNDING , CONVERTING , PRODUCING, 30
1696		-	PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING , 31
1697		-	STORING, VAPORIZING, OR CONTAINING CANNAB IS, OR FOR INGESTING , INHALING, 32
1698		-	OR OTHERWISE INTRODU CING CANNABIS INTO T HE HUMAN BODY . 33
1699		-	SENATE BILL 833 37
1700		-
1701		-
1702		-	(D) “CANNABIS EDUCATION AND TRAINING FUND” MEANS THE CANNABIS 1
1703		-	EDUCATION AND TRAINING FUND ESTABLISHED UNDE R § 23–203 OF THIS TITLE. 2
1704		-
1705		-	(E) “CANNABIS ESTABLISHMEN T” MEANS A CULTIVATOR , A DELIVERY 3
1706		-	SERVICE, A PROCESSOR , A RETAILER, AN INDEPENDENT TESTI NG LABORATORY , A 4
1707		-	TRANSPORTER , A DUAL LICENSE HOLDE R, AN ON–SITE CONSUMPTION 5
1708		-	ESTABLISHMENT , OR ANY OTHER TYPE OF CANNABIS BUSINESS LI CENSED UNDER 6
1709		-	THIS TITLE AND AUTHO RIZED BY THE COMMISSION. 7
1710		-
1711		-	(F) “CANNABIS ESTABLISHMEN T AGENT” OR “AGENT” MEANS AN 8
1712		-	EMPLOYEE OR OTHER AUTHORIZED PER SON WHO ACTS FOR OR AT THE DIRECTION 9
1713		-	OF A CANNABIS ESTABL ISHMENT. 10
1714		-
1715		-	(G) “CANNABIS PRODUCTS ” MEANS PRODUCTS THAT ARE COMPOSED OF 11
1716		-	CANNABIS, CANNABIS CONCENTRATE , OR CANNABIS EXTRACT AND OTHER 12
1717		-	INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, INCLUDING EDIBLE 13
1718		-	PRODUCTS, OINTMENTS, AND TINCTURES . 14
1719		-
1720		-	(H) “CLASS A PROCESSOR” MEANS A PROCESSOR TH AT MAY PERFORM 15
1721		-	SOLVENT–BASED EXTRACTIONS ON CANNABIS IN COMPLIAN CE WITH REGULATIONS 16
1722		-	ADOPTED BY THE COMMISSION. 17
1723		-
1724		-	(I) “CLASS B PROCESSOR” MEANS A PROC ESSOR THAT MAY NOT P ERFORM 18
1725		-	SOLVENT–BASED EXTRACTIONS ON CANNABIS USING SOLVE NTS OTHER THAN 19
1726		-	WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 20
1727		-	ETHANOL. 21
1728		-
1729		-	(J) “COMMISSION” MEANS THE ALCOHOL AND TOBACCO COMMISSION OR 22
1730		-	ITS SUCCESSOR AGENCY . 23
1731		-
1732		-	(K) “COMMUNITY REINVESTMENT AND REPAIR FUND” MEANS THE 24
1733		-	COMMUNITY REINVESTMENT AND REPAIR FUND ESTABLISHED UNDE R § 23–204 OF 25
1734		-	THIS TITLE. 26
1735		-
1736		-	(L) “CONSUMER” MEANS AN INDIVIDUAL AT LEAST 21 YEARS OLD WHO 27
1737		-	PURCHASES CANNABIS O R CANNABIS PRODUCTS FOR PERSONAL USE BY 28
1738		-	INDIVIDUALS AT LEAST 21 YEARS OLD. 29
1739		-
1740		-	(M) “CULTIVATOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E THAT: 30
1741		-
1742		-	(1) CULTIVATES OR PACKAGE S CANNABIS; AND 31
1743		-
1744		-	(2) IS AUTHORIZED BY THE COMMISSION TO PROVIDE CANNABIS TO 32
1745		-	OTHER CANNABIS ESTAB LISHMENTS. 33 38 SENATE BILL 833
1746		-
1747		-
1748		-
1749		-	(N) “DELIVERY SERVICE” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 1
1750		-	THAT IS AUTHORIZED B Y THE COMMISSION TO DELIVER CANNABIS TO CONSUMER S. 2
1751		-
1752		-	(O) “DISPROPORTIONATELY IM PACTED AREA ” MEANS A GEOGRAPHIC 3
1753		-	AREA, AS IDENTIFIED BY THE OFFICE OF SOCIAL EQUITY, THAT: 4
1754		-
1755		-	(1) MEETS THREE OR MORE O F THE FOLLOWING CRIT ERIA: 5
1756		-
1757		-	(I) HAS A MEDIAN INCOME T HAT IS 80% OR LESS OF THE 6
1758		-	AVERAGE MEDIAN HOUSE HOLD INCOME IN THE STATE; 7
1759		-
1760		-	(II) HAS AN UNEMPLOYMENT R ATE THAT IS AT LEAST 150% OF 8
1761		-	THE UNEMPLOYMENT RAT E IN THE STATE; 9
1762		-
1763		-	(III) HAS A HEALTH UNINSURE D RATE THAT IS AT LE AST 150% 10
1764		-	OF THE HEALTH UNINSU RED RATE IN THE STATE; 11
1765		-
1766		-	(IV) HAS A FOOD STAMP OR SUPPLEMENTAL NUTRITION 12
1767		-	ASSISTANCE PLAN RATE THAT IS AT LEAST 150% OF THE FOOD STAMP OR 13
1768		-	SUPPLEMENTAL NUTRITION ASSISTANCE PLAN RATE IN THE STATE; OR 14
1769		-
1770		-	(V) HAS A POVERTY RATE TH AT IS AT LEAST 150% OF THE 15
1771		-	POVERTY RATE IN THE STATE; AND 16
1772		-
1773		-	(2) HAS BEEN IMPACTED BY HIGH RATES OF ARREST , CONVICTION, 17
1774		-	AND INCARCERATION FO R CANNABIS POSSESSIO N. 18
1775		-
1776		-	(P) “DUAL LICENSE” MEANS A LICENSE ISSU ED BY THE COMMISSION TO AN 19
1777		-	ENTITY THAT IS ALSO LICENSED AS A MEDICA L CANNABIS DISPENSAR Y, MEDICAL 20
1778		-	CANNABIS PROCESSOR , MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, 21
1779		-	OR MEDICAL CANNABIS GROWER. 22
1780		-
1781		-	(Q) “INDEPENDENT TESTING L ABORATORY ” MEANS A FACILITY , AN ENTITY, 23
1782		-	OR A SITE THAT OFFER S OR PERFORMS TESTS RELATED TO THE INSPE CTION AND 24
1783		-	TESTING OF CANNABIS AND PRODUCTS CONTAIN ING CANNABIS. 25
1784		-
1785		-	(R) “LOCALITY” MEANS A COUNTY , A MUNICIPAL CORPORAT ION, OR 26
1786		-	ANOTHER POLITICAL SU BDIVISION OF THE STATE. 27
1787		-
1788		-	(S) “MEDICAL CANNABIS DI SPENSARY” MEANS A DISPENSARY L ICENSED 28
	138	+	(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 27
	139	+	used, intended for use, or designed for use, in: 28
	140	+
	141	+	(i) planting, propagating, cultivating, growing, harvesting, 29
	142	+	manufacturing, compounding, converting, producing, processing, preparing, packaging, 30
	143	+	repackaging, storing, containing, or concealing a controlled dangerous substance in 31
	144	+	violation of this title; or 32 4 SENATE BILL 833
	145	+
	146	+
	147	+
	148	+	(ii) injecting, ingesting, inhaling, or otherwise introducing into the 1
	149	+	human body a controlled dangerous substance in violation of this title. 2
	150	+
	151	+	(2) “Drug paraphernalia” includes: 3
	152	+
	153	+	(i) a kit used, intended for use, or designed for use in planting, 4
	154	+	propagating, cultivating, growing, or harvesting any species of plant that is a controlled 5
	155	+	dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 6
	156	+	substance can be derived; 7
	157	+
	158	+	(ii) a kit used, intended for use, or designed for use in 8
	159	+	manufacturing, compounding, converting, producing, processing, or preparing a controlled 9
	160	+	dangerous substance OTHER THAN CANNABIS ; 10
	161	+
	162	+	(iii) an isomerization device used, intended for use, or designed for 11
	163	+	use in increasing the potency of any species of plant that is a controlled dangerous 12
	164	+	substance OTHER THAN CANNABIS ; 13
	165	+
	166	+	(iv) testing equipment used, intended for use, or designed for use in 14
	167	+	analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 15
	168	+	THAN CANNABIS ; 16
	169	+
	170	+	(v) a scale or balance used, intended for use, or designed for use in 17
	171	+	weighing or measuring a controlled dangerous substance OTHER THAN CA NNABIS; 18
	172	+
	173	+	(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 19
	174	+	mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 20
	175	+	controlled dangerous substance OTHER THAN CANNABIS ; 21
	176	+
	177	+	(vii) a separation gin or sifter used, intended for use, or designed for 22
	178	+	use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 23
	179	+	CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 24
	180	+
	181	+	(viii) a blender, bowl, container, spoon, or mixing device used, 25
	182	+	intended for use, or designed for use in compounding a controlled dangerous substance 26
	183	+	OTHER THAN CANNABIS ; 27
	184	+
	185	+	(ix) a capsule, balloon, envelope, or other container used, intended 28
	186	+	for use, or designed for use in packaging small quantities of a controlled dangerous 29
	187	+	substance OTHER THAN CANNABIS ; 30
	188	+
	189	+	(x) a container or other object used, intended for use, or designed for 31
	190	+	use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 32
	191	+
	192	+	(xi) a hypodermic syringe, needle, or other object used, intended for 33 SENATE BILL 833 5
	193	+
	194	+
	195	+	use, or designed for use in parenterally injecting a controlled dangerous substance into the 1
	196	+	human body; and 2
	197	+
	198	+	(xii) an object used, intended for use, or designed for use in ingesting, 3
	199	+	inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 4
	200	+	human body [such as: 5
	201	+
	202	+	1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 6
	203	+	pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 7
	204	+
	205	+	2. a water pipe; 8
	206	+
	207	+	3. a carburetion tube or device; 9
	208	+
	209	+	4. a smoking or carburetion mask; 10
	210	+
	211	+	5. an object known as a roach clip used to hold burning 11
	212	+	material, such as a marijuana cigarette that has become too small or too short to be held in 12
	213	+	the hand; 13
	214	+
	215	+	6. a miniature spoon used for cocaine and cocaine vials; 14
	216	+
	217	+	7. a chamber pipe; 15
	218	+
	219	+	8. a carburetor pipe; 16
	220	+
	221	+	9. an electric pipe; 17
	222	+
	223	+	10. an air–driven pipe; 18
	224	+
	225	+	11. a chillum; 19
	226	+
	227	+	12. a bong; and 20
	228	+
	229	+	13. an ice pipe or chiller]. 21
	230	+
	231	+	(3) “DRUG PARAPHERNALIA ” DOES NOT I NCLUDE CANNABIS 22
	232	+	ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 23
	233	+
	234	+	[(r) (1) “Marijuana” means: 24
	235	+
	236	+	(i) all parts of any plant of the genus Cannabis, whether or not the 25
	237	+	plant is growing; 26
	238	+
	239	+	(ii) the seeds of the plant; 27
	240	+	6 SENATE BILL 833
	241	+
	242	+
	243	+	(iii) the resin extracted from the plant; and 1
	244	+
	245	+	(iv) each compound, manufactured product, salt, derivative, mixture, 2
	246	+	or preparation of the plant, its seeds, or its resin. 3
	247	+
	248	+	(2) “Marijuana” does not include: 4
	249	+
	250	+	(i) the mature stalks of the plant; 5
	251	+
	252	+	(ii) fiber produced from the mature stalks; 6
	253	+
	254	+	(iii) oil or cake made from the seeds of the plant; 7
	255	+
	256	+	(iv) except for resin, any other compound, manufactured product, 8
	257	+	salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 9
	258	+
	259	+	(v) the sterilized seed of the plant that is incapable of germination; 10
	260	+	or 11
	261	+
	262	+	(vi) hemp as defined in § 14–101 of the Agriculture Article.] 12
	263	+
	264	+	[(s)] (R) (1) “Narcotic drug” means a substance: 13
	265	+
	266	+	(i) that has been found to present an extreme danger to the health 14
	267	+	and welfare of the community because of addiction–forming and addiction–sustaining 15
	268	+	qualities; 16
	269	+
	270	+	(ii) that is: 17
	271	+
	272	+	1. an opiate; 18
	273	+
	274	+	2. a compound, manufactured substance, salt, derivative, or 19
	275	+	preparation of opium, coca leaf, or an opiate; or 20
	276	+
	277	+	3. a substance and any compound, manufactured substance, 21
	278	+	salt, derivative, or preparation that is chemically identical with a substance listed in items 22
	279	+	1 and 2 of this item; and 23
	280	+
	281	+	(iii) that is produced: 24
	282	+
	283	+	1. directly or indirectly by extraction from substances of 25
	284	+	vegetable origin; 26
	285	+
	286	+	2. independently by chemical synthesis; or 27
	287	+
	288	+	3. by a combination of extraction and chemical synthesis. 28
	289	+	SENATE BILL 833 7
	290	+
	291	+
	292	+	(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 1
	293	+	that does not contain cocaine or ecgonine. 2
	294	+
	295	+	[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 3
	296	+	controlled dangerous substance under Subtitle 4 of this title. 4
	297	+
	298	+	(T) “PERSONAL USE AMOUNT ” MEANS: 5
	299	+
	300	+	(1) (I) AN AMOUNT OF CANNABI S THAT DOES NOT EXCE ED 2 6
	301	+	OUNCES; 7
	302	+
	303	+	(II) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 8
	304	+	EXCEED 15 GRAMS; 9
	305	+
	306	+	(III) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 10
	307	+	DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 1,500 MILLIGRAMS; 11
	308	+	OR 12
	309	+
	310	+	(IV) FOUR OR FEWER CANNABIS PL ANTS; OR 13
	311	+
	312	+	(2) ANY ADDITIONAL CANNABIS PRODUCED BY A PERSON ’S CANNABIS 14
	313	+	PLANT OR PLANTS , IF THE AMOUNT OF CAN NABIS IN EXCESS OF T HE AMOUNT LISTED 15
	314	+	IN ITEM (1)(I), (II), OR (III) OF THIS SUBSECTION I S PROCESSED IN A LOC ATION: 16
	315	+
	316	+	(I) WHERE THE PLANT OR P LANTS WERE CULTIVATE D; AND 17
	317	+
	318	+	(II) THAT IS SECURE FROM UNAUTHORIZED ACCESS AND 18
	319	+	ACCESS BY A PERSON W HO IS UNDER THE AGE OF 21 YEARS. 19
	320	+
	321	+	5–601. 20
	322	+
	323	+	(a) Except as otherwise provided in this title, a person may not: 21
	324	+
	325	+	(1) possess or administer to another a controlled dangerous substance, 22
	326	+	unless: 23
	327	+
	328	+	(I) obtained directly or by prescription or order from an authorized 24
	329	+	provider acting in the course of professional practice; [or] 25
	330	+
	331	+	(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 26
	332	+	THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUN T POSSESSED DOES 27
	333	+	NOT EXCEED A PERSONA L USE AMOUNT ; OR 28
	334	+
	335	+	(III) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS 29 8 SENATE BILL 833
	336	+
	337	+
	338	+	AND POSSESSION IS LE GAL UNDER TITLE 13, SUBTITLE 33 OR TITLE 23 OF THE 1
	339	+	HEALTH – GENERAL ARTICLE; OR 2
	340	+
	341	+	(2) obtain or attempt to obtain a controlled dangerous substance, or 3
	342	+	procure or attempt to procure the administration of a controlled dangerous substance by: 4
	343	+
	344	+	(i) fraud, deceit, misrepresentation, or subterfuge; 5
	345	+
	346	+	(ii) the counterfeiting or alteration of a prescription or a written 6
	347	+	order; 7
	348	+
	349	+	(iii) the concealment of a material fact; 8
	350	+
	351	+	(iv) the use of a false name or address; 9
	352	+
	353	+	(v) falsely assuming the title of or representing to be a 10
	354	+	manufacturer, distributor, or authorized provider; or 11
	355	+
	356	+	(vi) making, issuing, or presenting a false or counterfeit prescription 12
	357	+	or written order. 13
	358	+
	359	+	(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 14
	360	+	person who violates this section is guilty of a misdemeanor and on conviction is subject to: 15
	361	+
	362	+	(i) for a first conviction, imprisonment not exceeding 1 year or a fine 16
	363	+	not exceeding $5,000 or both; 17
	364	+
	365	+	(ii) for a second or third conviction, imprisonment not exceeding 18 18
	366	+	months or a fine not exceeding $5,000 or both; or 19
	367	+
	368	+	(iii) for a fourth or subsequent conviction, imprisonment no t 20
	369	+	exceeding 2 years or a fine not exceeding $5,000 or both. 21
	370	+
	371	+	(2) (i) Except as provided in [subparagraph (ii)] SUBPARAGRAPHS (II) 22
	372	+	AND (III) of this paragraph AND TITLE 23 OF THE HEALTH – GENERAL ARTICLE, a 23
	373	+	person whose violation of this section involves the use or possession of [marijuana] 24
	374	+	CANNABIS is guilty of [a] THE misdemeanor of possession of [marijuana] CANNABIS and 25
	375	+	is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 26
	376	+
	377	+	(ii) 1. A. A first finding of guilt under this section involving 27
	378	+	the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 28
	379	+	EXCEEDING THE PERSON AL USE AMOUNT BY AN INDIVIDUAL UNDER THE AGE OF 21 29
	380	+	YEARS is a civil offense punishable by a fine not exceeding $100. 30
	381	+
	382	+	B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 31
	383	+	OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 32 SENATE BILL 833 9
	384	+
	385	+
	386	+	A PENALTY OF UP TO 6 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 1
	387	+
	388	+	2. A. A second finding of guilt under this section 2
	389	+	involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 3
	390	+	CANNABIS NOT EXCEEDI NG THE PERSONAL USE AMOUNT BY AN INDIVID UAL UNDER 4
	391	+	THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $250. 5
	392	+
	393	+	B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 6
	394	+	OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 7
	395	+	A PENALTY OF UP TO 16 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 8
	396	+
	397	+	3. A. A third or subsequent finding of guilt under this 9
	398	+	section involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT 10
	399	+	OF CANNABIS NOT EXCE EDING THE PERSONAL U SE AMOUNT BY AN INDI VIDUAL 11
	400	+	UNDER THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $500. 12
	401	+
	402	+	B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 13
	403	+	OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 14
	404	+	A PENALTY OF UP TO 32 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 15
	405	+
	406	+	4. A. In addition to a fine, a court shall order a person 16
	407	+	under the age of 21 years who commits a violation punishable under subsubparagraph 1, 17
	408	+	2, or 3 of this subparagraph to attend a drug education program approved by the Maryland 18
	409	+	Department of Health, refer the person to an assessment for substance abuse disorder, and 19
	410	+	refer the person to substance abuse treatment, if necessary. 20
	411	+
	412	+	B. [In addition to a fine, a court shall order a person at least 21
	413	+	21 years old who commits a violation punishable under subsubparagraph 3 of this 22
	414	+	subparagraph to attend a drug education program approved by the Maryland Department 23
	415	+	of Health, refer the person to an assessment for substance abuse disorder, and refer the 24
	416	+	person to substance abuse treatment, if necessary. 25
	417	+
	418	+	C.] A court that orders a person to a drug education program 26
	419	+	or substance abuse assessment or treatment under this subsubparagraph may hold the 27
	420	+	case sub curia pending receipt of proof of completion of the program, assessment, or 28
	421	+	treatment. 29
	422	+
	423	+	(III) 1. A VIOLATION OF THIS SE CTION INVOLVING A PE RSON 30
	424	+	AT LEAST 21 YEARS OLD POSSESSI NG CANNABIS IN AN AM OUNT GREATER THAN TH E 31
	425	+	PERSONAL USE AMOUNT BUT NOT EXCEEDING DO UBLE THE PERSONAL US E AMOUNT 32
	426	+	IS A CIVIL OFFENSE P UNISHABLE BY A FINE NOT EXCEEDING $250. 33
	427	+
	428	+	2. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 34
	429	+	OFFENSE UNDER THIS S UBPARAGRAPH MAY REQUEST , AND SHALL BE GRANTED , A 35
	430	+	PENALTY OF UP TO 16 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 36 10 SENATE BILL 833
	431	+
	432	+
	433	+
	434	+	(3) (i) 1. In this paragraph the following words have the meanings 1
	435	+	indicated. 2
	436	+
	437	+	2. “Bona fide physician–patient relationship” means a 3
	438	+	relationship in which the physician has ongoing responsibility for the assessment, care, and 4
	439	+	treatment of a patient’s medical condition. 5
	440	+
	441	+	3. “Caregiver” means an individual designated by a patient 6
	442	+	with a debilitating medical condition to provide physical or medical assistance to the 7
	443	+	patient, including assisting with the medical use of [marijuana] CANNABIS, who: 8
	444	+
	445	+	A. is a resident of the State; 9
	446	+
	447	+	B. is at least 21 years old; 10
	448	+
	449	+	C. is an immediate family member, a spouse, or a domestic 11
	450	+	partner of the patient; 12
	451	+
	452	+	D. has not been convicted of a crime of violence as defined in 13
	453	+	§ 14–101 of this article; 14
	454	+
	455	+	E. has not been convicted of a violation of a State or federal 15
	456	+	controlled dangerous substances law; 16
	457	+
	458	+	F. has not been convicted of a crime of moral turpitude; 17
	459	+
	460	+	G. has been designated as caregiver by the patient in writing 18
	461	+	that has been placed in the patient’s medical record prior to arrest; 19
	462	+
	463	+	H. is the only individual designated by the patient to serve as 20
	464	+	caregiver; and 21
	465	+
	466	+	I. is not serving as caregiver for any other patient. 22
	467	+
	468	+	4. “Debilitating medical condition” means a chronic or 23
	469	+	debilitating disease or medical condition or the treatment of a chronic or debilitating 24
	470	+	disease or medical condition that produces one or more of the following, as documented by 25
	471	+	a physician with whom the patient has a bona fide physician–patient relationship: 26
	472	+
	473	+	A. cachexia or wasting syndrome; 27
	474	+
	475	+	B. severe or chronic pain; 28
	476	+
	477	+	C. severe nausea; 29
	478	+
	479	+	D. seizures; 30 SENATE BILL 833 11
	480	+
	481	+
	482	+
	483	+	E. severe and persistent muscle spasms; or 1
	484	+
	485	+	F. any other condition that is severe and resistant to 2
	486	+	conventional medicine. 3
	487	+
	488	+	(ii) 1. In a prosecution for the use or possession of [marijuana] 4
	489	+	CANNABIS, the defendant may introduce and the court shall consider as a mitigating factor 5
	490	+	any evidence of medical necessity. 6
	491	+
	492	+	2. Notwithstanding paragraph (2) of this subsection, if the 7
	493	+	court finds that the person used or possessed [marijuana] CANNABIS because of medical 8
	494	+	necessity, the court shall dismiss the charge. 9
	495	+
	496	+	(iii) 1. In a prosecution for the use or possession of [marijuana] 10
	497	+	CANNABIS under this section, it is an affirmative defense that the defendant used or 11
	498	+	possessed [marijuana] CANNABIS because: 12
	499	+
	500	+	A. the defendant has a debilitating medical condition that 13
	501	+	has been diagnosed by a physician with whom the defendant has a bona fide 14
	502	+	physician–patient relationship; 15
	503	+
	504	+	B. the debilitating medical condition is severe and resistant 16
	505	+	to conventional medicine; and 17
	506	+
	507	+	C. [marijuana] CANNABIS is likely to provide the defendant 18
	508	+	with therapeutic or palliative relief from the debilitating medical condition. 19
	509	+
	510	+	2. A. In a prosecution for the possession of [marijuana] 20
	511	+	CANNABIS under this section, it is an affirmative defense that the defendant possessed 21
	512	+	[marijuana] CANNABIS because the [marijuana] CANNABIS was intended for medical use 22
	513	+	by an individual with a debilitating medical condition for whom the defendant is a 23
	514	+	caregiver. 24
	515	+
	516	+	B. A defendant may not assert the affirmative defense under 25
	517	+	this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s 26
	518	+	intention to assert the affirmative defense and provides the State’s Attorney with all 27
	519	+	documentation in support of the affirmative defense in accordance with the rules of 28
	520	+	discovery provided in Maryland Rules 4–262 and 4–263. 29
	521	+
	522	+	3. An affirmative defense under this subparagraph may not 30
	523	+	be used if the defendant was: 31
	524	+
	525	+	A. using [marijuana] CANNABIS in a public place or 32
	526	+	assisting the individual for whom the defendant is a caregiver in using the [marijuana] 33
	527	+	CANNABIS in a public place; or 34 12 SENATE BILL 833
	528	+
	529	+
	530	+
	531	+	B. in possession of more than 1 ounce of [marijuana] 1
	532	+	CANNABIS. 2
	533	+
	534	+	[(4) A violation of this section involving the smoking of marijuana in a 3
	535	+	public place is a civil offense punishable by a fine not exceeding $500.] 4
	536	+
	537	+	(d) The provisions of subsection (c)(2)(ii) of this section making the possession of 5
	538	+	[marijuana] CANNABIS a civil offense FOR INDIVIDUALS UNDE R THE AGE OF 21 YEARS 6
	539	+	AND THE PROVISIONS O F TITLE 23 OF THE HEALTH – GENERAL ARTICLE MAKING 7
	540	+	THE POSSESSION OF CA NNABIS LEGAL FOR INDIVIDU ALS AT LEAST 21 YEARS OLD 8
	541	+	may not be construed to affect the laws relating to[: 9
	542	+
	543	+	(1)] operating a vehicle or vessel while under the influence of or while 10
	544	+	impaired by a controlled dangerous substance[; or 11
	545	+
	546	+	(2) seizure and forfeiture]. 12
	547	+
	548	+	5–601.1. 13
	549	+
	550	+	(a) A police officer shall issue a citation to a person who the police officer has 14
	551	+	probable cause to believe has committed a violation of § 5–601 of this part involving the use 15
	552	+	or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 16
	553	+	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT . 17
	554	+
	555	+	(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 18
	556	+	than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE 19
	557	+	PERSONAL USE AMOUNT is a civil offense. 20
	558	+
	559	+	(2) Adjudication of a violation under § 5–601 of this part involving the use 21
	560	+	or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 22
	561	+	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT : 23
	562	+
	563	+	(i) is not a criminal conviction for any purpose; and 24
	564	+
	565	+	(ii) does not impose any of the civil disabilities that may result from 25
	566	+	a criminal conviction. 26
	567	+
	568	+	(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 27
	569	+	or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 28
	570	+	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT shall be signed by the police officer 29
	571	+	who issues the citation and shall contain: 30
	572	+
	573	+	(i) the name, address, and date of birth of the person charged; 31
	574	+	SENATE BILL 833 13
	575	+
	576	+
	577	+	(ii) the date and time that the violation occurred; 1
	578	+
	579	+	(iii) the location at which the violation occurred; 2
	580	+
	581	+	(iv) the fine OR AMOUNT OF COMMUNI TY SERVICE that may be 3
	582	+	imposed; 4
	583	+
	584	+	(v) a notice stating that prepayment of the fine is allowed, except as 5
	585	+	provided in paragraph (2) of this subsection; and 6
	586	+
	587	+	(vi) a notice in boldface type that states that the person shall: 7
	588	+
	589	+	1. pay the full amount of the preset fine; [or] 8
	590	+
	591	+	2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 9
	592	+	OR 10
	593	+
	594	+	3. request a trial date at the date, time, and place established 11
	595	+	by the District Court by writ or trial notice. 12
	596	+
	597	+	(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 13
	598	+	use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 14
	599	+	EXCEEDING DOUBLE THE PERSONAL USE A MOUNT is issued to a person under the age 15
	600	+	of 21 years, the court shall summon the person for trial. 16
	601	+
	602	+	[(ii) If the court finds that a person at least 21 years old who has been 17
	603	+	issued a citation under this section has at least twice previously been found guilty under § 18
	604	+	5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 19
	605	+	court shall summon the person for trial.] 20
	606	+
	607	+	(d) The form of the citation shall be uniform throughout the State and shall be 21
	608	+	prescribed by the District Court. 22
	609	+
	610	+	(e) (1) The Chief Judge of the District Court shall establish a schedule for the 23
	611	+	prepayment of the fine AND PROCEDURES FOR I NDIVIDUALS TO REQUES T AND BE 24
	612	+	GRANTED COMMUNITY SE RVICE IN LIEU OF A F INE. 25
	613	+
	614	+	(2) Prepayment of a fine OR ACCEPTANCE OF COM MUNITY SERVICE IN 26
	615	+	LIEU OF A FINE shall be considered a plea of guilty to a Code violation. 27
	616	+
	617	+	(3) A person described in subsection (c)(2) of this section may not prepay 28
	618	+	the fine. 29
	619	+
	620	+	(f) (1) A person may request a trial by sending a request for trial to the District 30
	621	+	Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 31
	622	+	citation. 32 14 SENATE BILL 833
	623	+
	624	+
	625	+
	626	+	(2) If a person other than a person described in subsection (c)(2) of this 1
	627	+	section does not request a trial [or], prepay the fine, OR REQUES T COMMUNITY SERVICE 2
	628	+	IN LIEU OF A FINE within 30 days of the issuance of the citation, the court may impose the 3
	629	+	maximum fine and costs against the person and find the person is guilty of a Code violation 4
	630	+	[for purposes of subsection (c)(2)(ii) of this section]. 5
	631	+
	632	+	(g) The issuing jurisdiction shall forward a copy of the citation and a request for 6
	633	+	trial to the District Court in the district having venue. 7
	634	+
	635	+	(h) (1) The failure of a defendant to respond to a summons described in 8
	636	+	subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 9
	637	+	Article. 10
	638	+
	639	+	(2) If a person at least 21 years old fails to appear after having requested 11
	640	+	a trial, the court may impose the maximum fine OR COMMUNITY SERVICE and costs 12
	641	+	against the person and find the person is guilty of a Code violation [for purposes of 13
	642	+	subsection (c)(2)(ii) of this section]. 14
	643	+
	644	+	(i) In any proceeding for a Code violation under § 5–601 of this part involving the 15
	645	+	use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 16
	646	+	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT : 17
	647	+
	648	+	(1) the State has the burden to prove the guilt of the defendant by a 18
	649	+	preponderance of the evidence; 19
	650	+
	651	+	(2) the court shall apply the evidentiary standards as prescribed by law or 20
	652	+	rule for the trial of a criminal case; 21
	653	+
	654	+	(3) the court shall ensure that the defendant has received a copy of the 22
	655	+	charges against the defendant and that the defendant understands those charges; 23
	656	+
	657	+	(4) the defendant is entitled to cross–examine all witnesses who appear 24
	658	+	against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 25
	659	+	testify on the defendant’s own behalf, if the defendant chooses to do so; 26
	660	+
	661	+	(5) the defendant is entitled to be represented by counsel of the defendant’s 27
	662	+	choice and at the expense of the defendant; and 28
	663	+
	664	+	(6) the defendant may enter a plea of guilty or not guilty, and the verdict 29
	665	+	of the court in the case shall be: 30
	666	+
	667	+	(i) guilty of a Code violation; 31
	668	+
	669	+	(ii) not guilty of a Code violation; or 32
	670	+	SENATE BILL 833 15
	671	+
	672	+
	673	+	(iii) probation before judgment, imposed by the court in the same 1
	674	+	manner and to the same extent as is allowed by law in the trial of a criminal case. 2
	675	+
	676	+	(j) (1) The defendant is liable for the costs of the proceedings in the District 3
	677	+	Court. 4
	678	+
	679	+	(2) The court costs in a Code violation case under § 5–601 of this part 5
	680	+	involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 6
	681	+	CANNABIS NOT EXCEEDI NG DOUBLE THE PERSON AL USE AMOUNT in which costs are 7
	682	+	imposed are $5. 8
	683	+
	684	+	(k) (1) The State’s Attorney for any county may prosecute a Code violation 9
	685	+	under § 5–601 of this part involving the use or possession of [less than 10 grams of 10
	686	+	marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE PERSONAL USE 11
	687	+	AMOUNT in the same manner as prosecution of a violation of the criminal laws of the State. 12
	688	+
	689	+	(2) In a Code violation case under § 5–601 of this part involving the use or 13
	690	+	possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 14
	691	+	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT , the State’s Attorney may: 15
	692	+
	693	+	(i) enter a nolle prosequi or move to place the case on the stet docket; 16
	694	+	and 17
	695	+
	696	+	(ii) exercise authority in the same manner as prescribed by law for 18
	697	+	violation of the criminal laws of the State. 19
	698	+
	699	+	(l) A person issued a citation for a violation of § 5–601 of this part involving the 20
	700	+	use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 21
	701	+	EXCEEDING DOUBLE THE PERSONAL USE AMOUNT who is under the age of 18 years 22
	702	+	shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the 23
	703	+	Courts Article. 24
	704	+
	705	+	(m) A citation for a violation of § 5–601 of this part involving the use or possession 25
	706	+	of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING 26
	707	+	DOUBLE THE PERSONAL USE AMO UNT and the official record of a court regarding the 27
	708	+	citation are not subject to public inspection and may not be included on the public website 28
	709	+	maintained by the Maryland Judiciary if: 29
	710	+
	711	+	(1) the defendant has prepaid the fine OR PERFORMED THE COMMUNITY 30
	712	+	SERVICE; 31
	713	+
	714	+	(2) the defendant has pled guilty to or been found guilty of the Code 32
	715	+	violation and has fully paid the fine OR PERFORMED THE COM MUNITY SERVICE and 33
	716	+	PAID THE costs imposed for the violation; 34
	717	+
	718	+	(3) the defendant has received a probation before judgment and has fully 35 16 SENATE BILL 833
	719	+
	720	+
	721	+	paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 1
	722	+	imposed by the court; 2
	723	+
	724	+	(4) the case has been removed from the stet docket after the defendant fully 3
	725	+	paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 4
	726	+	imposed by the court; 5
	727	+
	728	+	(5) the State has entered a nolle prosequi; 6
	729	+
	730	+	(6) the defendant has been found not guilty of the charge; or 7
	731	+
	732	+	(7) the charge has been dismissed. 8
	733	+
	734	+	5–601.2. 9
	735	+
	736	+	(A) A PERSON MAY NOT SMOKE CANNABIS IN A PUBLIC PLACE, AS DEFINED 10
	737	+	IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 11
	738	+
	739	+	(B) (1) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL 12
	740	+	OFFENSE PUNISHABLE B Y A FINE NOT EXCEEDI NG $50. 13
	741	+
	742	+	(2) A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL OFFENSE 14
	743	+	UNDER THIS SECTION MAY REQ UEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 15
	744	+	5 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 16
	745	+
	746	+	(C) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 17
	747	+	POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 18
	748	+	OF THIS SECTION. 19
	749	+
	750	+	(D) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 20
	751	+
	752	+	(2) ADJUDICATION OF A VIO LATION UNDER THIS SE CTION: 21
	753	+
	754	+	(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 22
	755	+
	756	+	(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABIL ITIES THAT 23
	757	+	MAY RESULT F ROM A CRIMINAL CONVI CTION. 24
	758	+
	759	+	(E) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 25
	760	+	SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 26
	761	+
	762	+	(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 27
	763	+	CHARGED; 28
	764	+	SENATE BILL 833 17
	765	+
	766	+
	767	+	(II) THE DATE AN D TIME THAT THE VIOL ATION OCCURRED ; 1
	768	+
	769	+	(III) THE LOCATION AT WHIC H THE VIOLATION OCCU RRED; 2
	770	+
	771	+	(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 3
	772	+	BE IMPOSED; 4
	773	+
	774	+	(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 5
	775	+	ALLOWED, EXCEPT AS PROVIDED I N PARAGRA PH (2) OF THIS SUBSECTION ; AND 6
	776	+
	777	+	(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THA T THE 7
	778	+	PERSON SHALL : 8
	779	+
	780	+	1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 9
	781	+
	782	+	2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 10
	783	+	OR 11
	784	+
	785	+	3. REQUEST A TRIAL AT T HE DATE, TIME, AND PLACE 12
	786	+	ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 13
	787	+
	788	+	(2) IF A CITATION FOR A V IOLATION OF THIS SEC TION IS ISSUED TO A 14
	789	+	PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 15
	790	+	FOR TRIAL. 16
	791	+
	792	+	(F) THE FORM OF THE CITAT ION SHALL BE UNIF ORM THROUGHOUT THE 17
	793	+	STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 18
	794	+
	795	+	(G) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 19
	796	+	SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 20
	797	+	INDIVIDUALS TO REQUE ST AND BE GRANTED CO MMUNITY SERVICE IN LIEU OF A 21
	798	+	FINE. 22
	799	+
	800	+	(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COM MUNITY 23
	801	+	SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 24
	802	+	VIOLATION. 25
	803	+
	804	+	(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 26
	805	+	FINE. 27
	806	+
	807	+	(H) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A RE QUEST FOR 28
	808	+	TRIAL TO THE DISTRICT COURT IN THE JURISDIC TION WHERE THE CITAT ION WAS 29
	809	+	ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 30 18 SENATE BILL 833
	810	+
	811	+
	812	+
	813	+	(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 1
	814	+	REQUEST COMMUNITY SE RVICE IN LIEU OF A FINE WITHIN 30 DAYS AFTER THE 2
	815	+	ISSUANCE OF THE CITA TION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 3
	816	+	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 4
	817	+	GUILTY OF A CODE VIOLATION . 5
	818	+
	819	+	(I) THE ISSUING JURISDICT ION SHALL FORWARD A COPY OF THE CITATION 6
	820	+	AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 7
	821	+	VENUE. 8
	822	+
	823	+	(J) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 9
	824	+	DESCRIBED IN SUBSECT ION (E)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 10
	825	+	5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 11
	826	+
	827	+	(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO A PPEAR AFTER 12
	828	+	HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 13
	829	+	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 14
	830	+	GUILTY OF A CODE VIOLATION . 15
	831	+
	832	+	(K) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 16
	833	+
	834	+	(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT O F THE 17
	835	+	DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 18
	836	+
	837	+	(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 19
	838	+	PRESCRIBED BY LAW OR RULE FOR THE TRIAL O F A CRIMINAL CASE; 20
	839	+
	840	+	(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 21
	841	+	A COPY OF THE CHARGE S AGAINST THE DEFEND ANT AND THAT THE DEF ENDANT 22
	842	+	UNDERSTANDS THOSE CH ARGES; 23
	843	+
	844	+	(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 24
	845	+	WITNESSES WHO APPEAR AGAINST THE DEFENDA NT, TO PRODUCE EVIDENCE OR 25
	846	+	WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 26
	847	+	OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 27
	848	+
	849	+	(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 28
	850	+	OF THE DEFENDANT ’S CHOICE AND AT THE EXPENSE OF THE DEFENDANT ; AND 29
	851	+
	852	+	(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NOT GUILTY, 30
	853	+	AND THE VERDICT OF T HE COURT IN THE CASE SHALL BE: 31
	854	+	SENATE BILL 833 19
	855	+
	856	+
	857	+	(I) GUILTY OF A CODE VIOLATION ; 1
	858	+
	859	+	(II) NOT GUILTY OF A CODE VIOLATION ; OR 2
	860	+
	861	+	(III) PROBATION BEFORE JUD GMENT, IMPOSED BY THE COURT 3
	862	+	IN THE SAME MANNER A ND TO THE SAME EXTEN T AS IS ALLOWED BY L AW IN THE 4
	863	+	TRIAL OF A CRIMINAL CASE. 5
	864	+
	865	+	(L) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 6
	866	+	PROCEEDINGS IN THE DISTRICT COURT. 7
	867	+
	868	+	(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 8
	869	+	SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 9
	870	+
	871	+	(M) (1) THE STATE’S ATTORNEY FOR ANY COUN TY MAY PROSECUTE A 10
	872	+	CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 11
	873	+	FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 12
	874	+
	875	+	(2) IN A CODE VIOLATION C ASE UNDER THIS SECTI ON, THE STATE’S 13
	876	+	ATTORNEY MAY : 14
	877	+
	878	+	(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 15
	879	+	THE STET DOCKET ; AND 16
	880	+
	881	+	(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 17
	882	+	PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 18
	883	+
	884	+	(N) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 19
	885	+	IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJE CT TO THE PROCEDURES AND 20
	886	+	DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 21
	887	+
	888	+	(O) A CITATION FOR A VIOLA TION OF THIS SECTION AND THE O FFICIAL 22
	889	+	RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 23
	890	+	INSPECTION AND MAY N OT BE INCLUDED ON TH E PUBLIC WEBSITE MAI NTAINED BY 24
	891	+	THE MARYLAND JUDICIARY IF: 25
	892	+
	893	+	(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 26
	894	+	COMMUNITY SERVICE ; 27
	895	+
	896	+	(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 28
	897	+	OF THE CODE VIOLATION AND HA S FULLY PAID THE FIN E OR PERFORMED THE 29
	898	+	COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 30
	899	+	20 SENATE BILL 833
	900	+
	901	+
	902	+	(3) THE DEFENDANT HAS RE CEIVED A PROBATION B EFORE 1
	903	+	JUDGMENT AND HAS FULLY PAID THE FINE OR PERFORMED THE COM MUNITY 2
	904	+	SERVICE AND COMPLETE D ANY TERMS IMPOSED BY THE COURT; 3
	905	+
	906	+	(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 4
	907	+	THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 5
	908	+	THE COURT; 6
	909	+
	910	+	(5) THE STATE HAS ENTERED A NOL LE PROSEQUI; 7
	911	+
	912	+	(6) THE DEFENDANT HAS BE EN FOUND NOT GUILTY OF THE CHARGE ; 8
	913	+	OR 9
	914	+
	915	+	(7) THE CHARGE HAS BEEN DISMISSED. 10
	916	+
	917	+	5–601.3. 11
	918	+
	919	+	(A) A PERSON MAY NOT CULTI VATE CANNABIS PLANTS IN A MANNER THAT 12
	920	+	IS CONTRARY TO THIS SECTION. 13
	921	+
	922	+	(B) CANNABIS PLANTS MAY NOT BE CU LTIVATED IN A LOCATI ON WHERE 14
	923	+	THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 15
	924	+	PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 16
	925	+	OPTICAL AIDS. 17
	926	+
	927	+	(C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES 18
	928	+	CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 19
	929	+	UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 20
	930	+
	931	+	(2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAK E REASONABLE 21
	932	+	PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS 22
	933	+	AND ACCESS BY A PERSON UNDER THE AGE OF 21 YEARS. 23
	934	+
	935	+	(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 24
	936	+	POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSO N IN 25
	937	+	LAWFUL POSSESSION OF THE PROPERTY . 26
	938	+
	939	+	(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIVATE CA NNABIS 27
	940	+	PLANTS. 28
	941	+
	942	+	(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN FOUR CANNABIS 29
	943	+	PLANTS. 30
	944	+	SENATE BILL 833 21
	945	+
	946	+
	947	+	(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT 1
	948	+	THE SAME RESIDENCE , NOT MORE THAN EIGHT CANNABIS PLANTS MAY BE 2
	949	+	CULTIVATED AT THAT R ESIDENCE. 3
	950	+
	951	+	(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 4
	952	+	PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL OFFENS E PUNISHABLE 5
	953	+	BY A FINE NOT EXCEED ING $750. 6
	954	+
	955	+	(2) A PERSON WHO VIOLATES THIS SECTION BY CULT IVATING MORE 7
	956	+	THAN FOUR PLANTS BUT LESS THAN EIGHT PLANTS IS GUILTY OF A CIVIL OFFENSE 8
	957	+	PUNISHABLE BY A FINE NOT EXCEEDING $250. 9
	958	+
	959	+	(3) A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL OFFENSE 10
	960	+	UNDER THIS SECTION M AY REQUEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 11
	961	+	50 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 12
	962	+
	963	+	(H) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 13
	964	+	POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 14
	965	+	OF THIS SECTION. 15
	966	+
	967	+	(I) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 16
	968	+
	969	+	(2) ADJUDICATION OF A VIOLATION UNDER TH IS SECTION: 17
	970	+
	971	+	(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 18
	972	+
	973	+	(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABIL ITIES THAT 19
	974	+	MAY RESULT FROM A CR IMINAL CONVICTION . 20
	975	+
	976	+	(J) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 21
	977	+	SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 22
	978	+
	979	+	(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 23
	980	+	CHARGED; 24
	981	+
	982	+	(II) THE DATE AND TIME TH AT THE VIOLATION OCC URRED; 25
	983	+
	984	+	(III) THE LOCATION AT WHIC H THE VIOLATION OCCU RRED; 26
	985	+
	986	+	(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 27
	987	+	BE IMPOSED; 28
	988	+
	989	+	(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 29 22 SENATE BILL 833
	990	+
	991	+
	992	+	ALLOWED, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION ; AND 1
	993	+
	994	+	(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THA T THE 2
	995	+	PERSON SHALL: 3
	996	+
	997	+	1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 4
	998	+
	999	+	2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 5
	1000	+	OR 6
	1001	+
	1002	+	3. REQUEST A TRIAL AT T HE DATE, TIME, AND PLACE 7
	1003	+	ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 8
	1004	+
	1005	+	(2) IF A CITATION FOR A V IOLATION OF THIS SECTI ON IS ISSUED TO A 9
	1006	+	PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 10
	1007	+	FOR TRIAL. 11
	1008	+
	1009	+	(K) THE FORM OF THE CITAT ION SHALL BE UNIFORM THROUGHOUT THE 12
	1010	+	STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 13
	1011	+
	1012	+	(L) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 14
	1013	+	SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 15
	1014	+	INDIVIDUALS TO REQUE ST AND BE GRANTED CO MMUNITY SERVICE IN L IEU OF A 16
	1015	+	FINE. 17
	1016	+
	1017	+	(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COM MUNITY 18
	1018	+	SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 19
	1019	+	VIOLATION. 20
	1020	+
	1021	+	(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 21
	1022	+	FINE. 22
	1023	+
	1024	+	(M) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A R EQUEST FOR 23
	1025	+	TRIAL TO THE DISTRICT COURT IN THE JURISDIC TION WHERE THE CITA TION WAS 24
	1026	+	ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 25
	1027	+
	1028	+	(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 26
	1029	+	REQUEST COMMUNITY SE RVICE IN LIEU OF A F INE WITHIN 30 DAYS AFTER THE 27
	1030	+	ISSUANCE OF THE CITA TION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 28
	1031	+	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 29
	1032	+	GUILTY OF A CODE VIOLATION . 30
	1033	+
	1034	+	(N) THE ISSUING JURISDICT ION SHALL FORWARD A COPY OF THE CITATION 31 SENATE BILL 833 23
	1035	+
	1036	+
	1037	+	AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 1
	1038	+	VENUE. 2
	1039	+
	1040	+	(O) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 3
	1041	+	DESCRIBED IN SUBSECT ION (J)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 4
	1042	+	5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 5
	1043	+
	1044	+	(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO A PPEAR AFTER 6
	1045	+	HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 7
	1046	+	COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 8
	1047	+	GUILTY OF A CODE VIOLATION . 9
	1048	+
	1049	+	(P) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 10
	1050	+
	1051	+	(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT O F THE 11
	1052	+	DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 12
	1053	+
	1054	+	(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 13
	1055	+	PRESCRIBED BY LAW OR RULE FOR THE TRIAL O F A CRIMINAL CASE ; 14
	1056	+
	1057	+	(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 15
	1058	+	A COPY OF THE CHARGE S AGAINST THE DEFENDANT AN D THAT THE DEFENDANT 16
	1059	+	UNDERSTANDS THOSE CH ARGES; 17
	1060	+
	1061	+	(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 18
	1062	+	WITNESSES WHO APPEAR AGAINST THE DEFENDAN T, TO PRODUCE EVIDENCE OR 19
	1063	+	WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 20
	1064	+	OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 21
	1065	+
	1066	+	(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 22
	1067	+	OF THE DEFENDANT ’S CHOICE AND AT THE EXPENSE OF THE DEFEN DANT; AND 23
	1068	+
	1069	+	(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NOT GUILTY, 24
	1070	+	AND THE VERDICT OF THE C OURT IN THE CASE SHA LL BE: 25
	1071	+
	1072	+	(I) GUILTY OF A CODE VIOLATION ; 26
	1073	+
	1074	+	(II) NOT GUILTY OF A CODE VIOLATION ; OR 27
	1075	+
	1076	+	(III) PROBATION BEFORE JUD GMENT, IMPOSED BY THE COURT 28
	1077	+	IN THE SAME MANNER A ND TO THE SAME EXTEN T AS IS ALLOWED BY L AW IN THE 29
	1078	+	TRIAL OF A CRIMINAL C ASE. 30
	1079	+	24 SENATE BILL 833
	1080	+
	1081	+
	1082	+	(Q) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 1
	1083	+	PROCEEDINGS IN THE DISTRICT COURT. 2
	1084	+
	1085	+	(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 3
	1086	+	SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 4
	1087	+
	1088	+	(R) (1) THE STATE’S ATTORNEY FOR ANY COUNTY MAY PROSECUTE A 5
	1089	+	CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 6
	1090	+	FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 7
	1091	+
	1092	+	(2) IN A CODE VIOLATION CASE U NDER THIS SECTION , THE STATE’S 8
	1093	+	ATTORNEY MAY : 9
	1094	+
	1095	+	(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 10
	1096	+	THE STET DOCKET ; AND 11
	1097	+
	1098	+	(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 12
	1099	+	PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 13
	1100	+
	1101	+	(S) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 14
	1102	+	IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJECT TO THE PROCEDURES AN D 15
	1103	+	DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 16
	1104	+
	1105	+	(T) A CITATION FOR A VIOLA TION OF THIS SECTION AND THE OFFICIAL 17
	1106	+	RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 18
	1107	+	INSPECTION AND MAY NOT BE INCLU DED ON THE PUBLIC WE BSITE MAINTAINED BY 19
	1108	+	THE MARYLAND JUDICIARY IF: 20
	1109	+
	1110	+	(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 21
	1111	+	COMMUNITY SERVICE ; 22
	1112	+
	1113	+	(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 23
	1114	+	OF THE CODE VIOLATION AND HA S FULLY PAID THE FINE OR PERFORMED THE 24
	1115	+	COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 25
	1116	+
	1117	+	(3) THE DEFENDANT HAS RE CEIVED A PROBATION B EFORE 26
	1118	+	JUDGMENT AND HAS FUL LY PAID THE FINE OR PERFORMED THE COMMUN ITY 27
	1119	+	SERVICE AND COMPLETE D ANY TERMS IMPOSED BY THE COURT ; 28
	1120	+
	1121	+	(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 29
	1122	+	THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 30
	1123	+	THE COURT; 31
	1124	+	SENATE BILL 833 25
	1125	+
	1126	+
	1127	+	(5) THE STATE HAS ENTERED A N OLLE PROSEQUI ; 1
	1128	+
	1129	+	(6) THE DEFENDANT HAS BE EN FOUND NOT GUILTY OF THE CHARGE ; 2
	1130	+	OR 3
	1131	+
	1132	+	(7) THE CHARGE HAS BEEN DISMISSED. 4
	1133	+
	1134	+	5–612. 5
	1135	+
	1136	+	(a) [A] EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A person may not 6
	1137	+	manufacture, distribute, dispense, or possess: 7
	1138	+
	1139	+	(1) 50 pounds or more of [marijuana] CANNABIS; 8
	1140	+
	1141	+	(2) 448 grams or more of cocaine; 9
	1142	+
	1143	+	(3) 448 grams or more of any mixture containing a detectable amount, as 10
	1144	+	scientifically measured using representative sampling methodology, of cocaine; 11
	1145	+
	1146	+	(4) 448 grams or more of cocaine base, commonly known as “crack”; 12
	1147	+
	1148	+	(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 13
	1149	+	or salt of an isomer of morphine or opium; 14
	1150	+
	1151	+	(6) 28 grams or more of any mixture containing a detectable amount, as 15
	1152	+	scientifically measured using representative sampling methodology, of morphine or opium 16
	1153	+	or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 17
	1154	+
	1155	+	(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 18
	1156	+	is scheduled by the United States Drug Enforcement Administration; 19
	1157	+
	1158	+	(8) 28 grams or more of any mixture containing a detectable amount, as 20
	1159	+	scientifically measured using representative sampling methodology, of fentanyl or any 21
	1160	+	structural variation of fentanyl that is scheduled by the United States Drug Enforcement 22
	1161	+	Administration; 23
	1162	+
	1163	+	(9) 1,000 dosage units or more of lysergic acid diethylamide; 24
	1164	+
	1165	+	(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 25
	1166	+	acid diethylamide; 26
	1167	+
	1168	+	(11) 16 ounces or more of phencyclidine in liquid form; 27
	1169	+
	1170	+	(12) 448 grams or more of any mixture containing a detectable amount, as 28
	1171	+	scientifically measured using representative sampling methodology, of phencyclidine; 29
	1172	+	26 SENATE BILL 833
	1173	+
	1174	+
	1175	+	(13) 448 grams or more of methamphetamine; or 1
	1176	+
	1177	+	(14) 448 grams or more of any mixture containing a detectable amount, as 2
	1178	+	scientifically measured using representative sampling methodology, of methamphetamine. 3
	1179	+
	1180	+	(b) For the purpose of determining the quantity of a controlled dangerous 4
	1181	+	substance involved in individual acts of manufacturing, distributing, dispensing, or 5
	1182	+	possessing under subsection (a) of this section, the acts may be aggregated if each of the 6
	1183	+	acts occurred within a 90–day period. 7
	1184	+
	1185	+	(c) (1) A person who is convicted of a violation of subsection (a) of this section 8
	1186	+	shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not 9
	1187	+	exceeding $100,000. 10
	1188	+
	1189	+	(2) The court may not suspend any part of the mandatory minimum 11
	1190	+	sentence of 5 years. 12
	1191	+
	1192	+	(3) Except as provided in § 4–305 of the Correctional Services Article, the 13
	1193	+	person is not eligible for parole during the mandatory minimum sentence. 14
	1194	+
	1195	+	5–614. 15
	1196	+
	1197	+	(a) (1) Unless authorized by law to possess the substance, a person may not 16
	1198	+	bring into the State: 17
	1199	+
	1200	+	(i) 45 kilograms or more of [marijuana] CANNABIS; 18
	1201	+
	1202	+	(ii) 28 grams or more of cocaine; 19
	1203	+
	1204	+	(iii) any mixture containing 28 grams or more of cocaine; 20
	1205	+
	1206	+	(iv) 4 grams or more of morphine or opium or any derivative, salt, 21
	1207	+	isomer, or salt of an isomer of morphine or opium; 22
	1208	+
	1209	+	(v) 1,000 dosage units of lysergic acid diethylamide; 23
	1210	+
	1211	+	(vi) any mixture containing the equivalent of 1,000 dosage units of 24
	1212	+	lysergic acid diethylamide; 25
	1213	+
	1214	+	(vii) 28 grams or more of phencyclidine in liquid or powder form; 26
	1215	+
	1216	+	(viii) 112 grams or more of any mixture containing phencyclidine; 27
	1217	+
	1218	+	(ix) 1,000 dosage units or more of methaqualone; 28
	1219	+
	1220	+	(x) 28 grams or more of methamphetamine; 29
	1221	+	SENATE BILL 833 27
	1222	+
	1223	+
	1224	+	(xi) any mixture containing 28 grams or more of methamphetamine; 1
	1225	+	or 2
	1226	+
	1227	+	(xii) 4 grams or more of fentanyl or a fentanyl analogue. 3
	1228	+
	1229	+	(2) A person who violates this subsection is guilty of a felony and on 4
	1230	+	conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 5
	1231	+	or both. 6
	1232	+
	1233	+	(b) (1) Unless authorized by law to possess the [marijuana] CANNABIS, a 7
	1234	+	person may not bring into the State more than 5 kilograms but less than 45 kilograms of 8
	1235	+	[marijuana] CANNABIS. 9
	1236	+
	1237	+	(2) A person who violates this subsection is guilty of a felony and on 10
	1238	+	conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 11
	1239	+	or both. 12
	1240	+
	1241	+	5–619. 13
	1242	+
	1243	+	(c) (1) [This subsection does not apply to the use or possession of drug 14
	1244	+	paraphernalia involving the use or possession of marijuana. 15
	1245	+
	1246	+	(2)] Unless authorized under this title, a person may not use or possess with 16
	1247	+	intent to use drug paraphernalia to: 17
	1248	+
	1249	+	(i) plant, propagate, cultivate, grow, harvest, manufacture, 18
	1250	+	compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 19
	1251	+	controlled dangerous substance; or 20
	1252	+
	1253	+	(ii) inject, ingest, inhale, or otherwise introduce into the human body 21
	1254	+	a controlled dangerous substance. 22
	1255	+
	1256	+	[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 23
	1257	+	and on conviction is subject to: 24
	1258	+
	1259	+	(i) for a first violation, a fine not exceeding $500; and 25
	1260	+
	1261	+	(ii) for each subsequent violation, imprisonment not exceeding 2 26
	1262	+	years or a fine not exceeding $2,000 or both. 27
	1263	+
	1264	+	[(4)] (3) A person who is convicted of violating this subsection for the first 28
	1265	+	time and who previously has been convicted of violating subsection (d)(4) of this section is 29
	1266	+	subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 30
	1267	+
	1268	+	5–620. 31
	1269	+	28 SENATE BILL 833
	1270	+
	1271	+
	1272	+	(a) Unless authorized under this title, a person may not: 1
	1273	+
	1274	+	(1) obtain or attempt to obtain controlled paraphernalia by: 2
	1275	+
	1276	+	(i) fraud, deceit, misrepresentation, or subterfuge; 3
	1277	+
	1278	+	(ii) counterfeiting a prescription or a written order; 4
	1279	+
	1280	+	(iii) concealing a material fact or the use of a false name or address; 5
	1281	+
	1282	+	(iv) falsely assuming the title of or representing to be a 6
	1283	+	manufacturer, distributor, or authorized provider; or 7
	1284	+
	1285	+	(v) making or issuing a false or counterfeit prescription or written 8
	1286	+	order; or 9
	1287	+
	1288	+	(2) possess or distribute controlled paraphernalia under circumstances 10
	1289	+	which reasonably indicate an intention to use the controlled paraphernalia for purposes of 11
	1290	+	illegally administering a controlled dangerous substance. 12
	1291	+
	1292	+	(b) Evidence of circumstances that reasonably indicate an intent to use controlled 13
	1293	+	paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 14
	1294	+	substance unlawfully include the close proximity of the controlled paraphernalia to an 15
	1295	+	adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 16
	1296	+	distribute, or dispense controlled dangerous substances, including: 17
	1297	+
	1298	+	(1) a scale; 18
	1299	+
	1300	+	(2) a sieve; 19
	1301	+
	1302	+	(3) a strainer; 20
	1303	+
	1304	+	(4) a measuring spoon; 21
	1305	+
	1306	+	(5) staples; 22
	1307	+
	1308	+	(6) a stapler; 23
	1309	+
	1310	+	(7) a glassine envelope; 24
	1311	+
	1312	+	(8) a gelatin capsule; 25
	1313	+
	1314	+	(9) procaine hydrochloride; 26
	1315	+
	1316	+	(10) mannitol; 27
	1317	+
	1318	+	(11) lactose; 28 SENATE BILL 833 29
	1319	+
	1320	+
	1321	+
	1322	+	(12) quinine; and 1
	1323	+
	1324	+	(13) a controlled dangerous substance. 2
	1325	+
	1326	+	(c) Information that is communicated to a physician to obtain controlled 3
	1327	+	paraphernalia from the physician in violation of this subtitle is not a privileged 4
	1328	+	communication. 5
	1329	+
	1330	+	(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 6
	1331	+	violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 7
	1332	+	not exceeding 4 years or a fine not exceeding $25,000 or both. 8
	1333	+
	1334	+	[(2) A person who violates this section involving the use or possession of 9
	1335	+	marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 10
	1336	+	or both.] 11
	1337	+
	1338	+	5–629. 12
	1339	+
	1340	+	THE OFFENSES AND PENA LTIES IN THIS SUBTIT LE DO NOT APPLY TO 13
	1341	+	ACTIVITIES RELATED T O CANNABIS OR CANNAB IS ACCESSORIES THAT ARE LEGAL 14
	1342	+	UNDER: 15
	1343	+
	1344	+	(1) TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE; OR 16
	1345	+
	1346	+	(2) TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 17
	1347	+
	1348	+	10–113. 18
	1349	+
	1350	+	An individual may not knowingly and willfully make a misrepresentation or false 19
	1351	+	statement as to the age of that individual or another to any person licensed to sell alcoholic 20
	1352	+	beverages OR CANNABIS or engaged in the sale of alcoholic beverages OR CANNABIS , for 21
	1353	+	the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic 22
	1354	+	beverage OR CANNABIS to an individual. 23
	1355	+
	1356	+	10–116. 24
	1357	+
	1358	+	An individual may not obtain, or attempt to obtain by purchase or otherwise, an 25
	1359	+	alcoholic beverage OR CANNABIS from any person licensed to sell alcoholic beverages OR 26
	1360	+	CANNABIS for consumption by another who the individual obtaining or attempting to 27
	1361	+	obtain the beverage OR CANNABIS knows is under the age of 21 years. 28
	1362	+
	1363	+	10–117. 29
	1364	+
	1365	+	(a) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (D) of this 30 30 SENATE BILL 833
	1366	+
	1367	+
	1368	+	section, a person may not furnish an alcoholic beverage, CANNABIS, OR CANNABIS 1
	1369	+	ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE to an 2
	1370	+	individual if: 3
	1371	+
	1372	+	(1) the person furnishing the alcoholic beverage, CANNABIS, OR 4
	1373	+	CANNABIS ACCESSORIES knows that the individual is under the age of 21 years; and 5
	1374	+
	1375	+	(2) the alcoholic beverage [is], CANNABIS, OR CANNABIS ACCESSOR IES 6
	1376	+	ARE furnished for the purpose of consumption by the individual under the age of 21 years. 7
	1377	+
	1378	+	(b) Except as provided in subsection (c) of this section, an adult may not 8
	1379	+	knowingly and willfully allow an individual under the age of 21 years actually to possess 9
	1380	+	or consume an alcoholic beverage OR CANNABIS at a residence, or within the curtilage of 10
	1381	+	a residence that the adult owns or leases and in which the adult resides. 11
	1382	+
	1383	+	(c) (1) The prohibition set forth in subsection (a) of this section does not apply 12
	1384	+	if [the] A person furnishing [the] AN alcoholic beverage and the individual to whom the 13
	1385	+	alcoholic beverage is furnished: 14
	1386	+
	1387	+	(i) are members of the same immediate family, and the alcoholic 15
	1388	+	beverage is furnished and consumed in a private residence or within the curtilage of the 16
	1389	+	residence; or 17
	1390	+
	1391	+	(ii) are participants in a religious ceremony. 18
	1392	+
	1393	+	(2) The prohibition set forth in subsection (b) of this section does not apply 19
	1394	+	if [the] AN adult allowing the possession or consumption of [the] AN alcoholic beverage and 20
	1395	+	the individual under the age of 21 years who possesses or consumes the alcoholic beverage: 21
	1396	+
	1397	+	(i) are members of the same immediate family, and the alcoholic 22
	1398	+	beverage is possessed and consumed in a private residence, or within the curtilage of the 23
	1399	+	residence, of the adult; or 24
	1400	+
	1401	+	(ii) are participants in a religious ceremony. 25
	1402	+
	1403	+	(d) THE PROHIBITIONS SET FORTH IN SUBSECTIONS (A) AND (B) OF THIS 26
	1404	+	SECTION DO NOT APPLY IN THE CASE OF AN IN DIVIDUAL UNDER THE A GE OF 21 27
	1405	+	YEARS WHO IS ALLOWED TO POSSESS CANNABIS AND CANNABI S ACCESSORIES 28
	1406	+	UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 29
	1407	+
	1408	+	(E) A person may not violate subsection (a) or (b) of this section if the violation 30
	1409	+	involves an individual under the age of 21 years who: 31
	1410	+
	1411	+	(1) the person knew or reasonably should have known would operate a 32
	1412	+	motor vehicle after consuming the alcoholic beverage OR CANNABIS; and 33
	1413	+	SENATE BILL 833 31
	1414	+
	1415	+
	1416	+	(2) as a result of operating a motor vehicle while under the influence of 1
	1417	+	alcohol or while impaired by alcohol OR CANNABIS, causes serious physical injury or death 2
	1418	+	to the individual or another. 3
	1419	+
	1420	+	Article – Criminal Procedure 4
	1421	+
	1422	+	10–105.3. 5
	1423	+
	1424	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
	1425	+	INDICATED. 7
	1426	+
	1427	+	(2) “AUTOMATIC EXPUNGEMENT ” MEANS EXPUNGEMENT WI THOUT 8
	1428	+	THE FILING OF A PETI TION OR PAYMENT OF A FEE BY THE PERSON WHO IS THE 9
	1429	+	SUBJECT OF THE RECOR DS TO BE EXPUNGED . 10
	1430	+
	1431	+	(3) “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED IN § 5–601 11
	1432	+	OF THE CRIMINAL LAW ARTICLE. 12
	1433	+
	1434	+	(B) ALL COURT RECORDS AND POLICE RECORDS RELAT ING TO ANY 13
	1435	+	DISPOSITION OF A CHA RGE OF POSSESSION OF CANNABIS UNDER § 5–601 OF THE 14
	1436	+	CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY OF CANNABIS THAT DID NOT 15
	1437	+	EXCEED THE PERSONAL USE AMOUNT ENTERED B EFORE OCTOBER 1, 2023, WHERE 16
	1438	+	POSSESSION OF CANNAB IS IS THE ONLY CHARG E IN THE CASE , SHALL BE 17
	1439	+	AUTOMATICALLY EXPUNG ED ON OR BEFORE OCTOBER 1, 2023. 18
	1440	+
	1441	+	(C) NOTWITHSTANDING § 10–107 OF THIS SUBTITLE , ALL COURT RECORDS 19
	1442	+	AND POLICE RECORDS R ELATING TO ANY DISPO SITION OF A CHARGE O F POSSESSION 20
	1443	+	OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A 21
	1444	+	QUANTITY OF CANNABIS THAT DID NOT EXCEED THE PERSONAL USE AMO UNT 22
	1445	+	ENTERED BEFORE OCTOBER 1, 2023, WHERE THE DEFENDANT WAS ALSO CHARGED 23
	1446	+	WITH ONE OR MORE OTH ER CRIMES IN THE SAM E CASE, REGARDLESS OF THE 24
	1447	+	DISPOSITION OF THE O THER CHARGE OR CHARG ES, SHALL BE AUTOMATICAL LY 25
	1448	+	EXPUNGED ON OR BEFORE OCTOBER 1, 2024. 26
	1449	+
	1450	+	(D) WITH REGARD TO ANY DI SPOSITION OF A CHARG E OF POSSESSION OF 27
	1451	+	CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY 28
	1452	+	OF CANNABIS THAT DID NOT EXCEED THE PERSO NAL USE AMOUNT ENTER ED ON OR 29
	1453	+	AFTER OCTOBER 1, 2022, OR A CIVIL CHARGE UN DER § 5–601.1 OR § 5–601.2 OF THE 30
	1454	+	CRIMINAL LAW ARTICLE, NOTWITHSTANDING § 10–107 OF THIS SUBTITLE: 31
	1455	+
	1456	+	(1) THE COURT WITH JURIS DICTION OVER THE CAS E SHALL INITIATE 32
	1457	+	EFFORTS TO AUTOMATIC ALLY EXPUNGE ALL COU RT RECORDS AND POLIC E 33
	1458	+	RECORDS RELATING TO THE C HARGE 1 YEAR AFTER DISPOSITI ON OF THE CHARGE ; 34
	1459	+	AND 35 32 SENATE BILL 833
	1460	+
	1461	+
	1462	+
	1463	+	(2) EXPUNGEMENT OF COURT RECORDS AND POLICE R ECORDS 1
	1464	+	RELATING TO THE CHAR GE SHALL BE COMPLETE D ON OR BEFORE 1 YEAR AND 90 2
	1465	+	DAYS AFTER DISPOSITI ON. 3
	1466	+
	1467	+	10–105.4. 4
	1468	+
	1469	+	(A) IN THIS SECTION, “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED 5
	1470	+	IN § 5–601 OF THE CRIMINAL LAW ARTICLE. 6
	1471	+
	1472	+	(B) (1) THE LEGALIZATION OF P OSSESSION AND CULTIV ATION OF A 7
	1473	+	PERSONAL USE AMOUNT OF CANNABIS BY PERSO NS AT LEAST 21 YEARS OLD UNDER 8
	1474	+	TITLE 23 OF THE HEALTH – GENERAL ARTICLE IS RETROACTIVE . 9
	1475	+
	1476	+	(2) ALL CHARGES PENDING O N OCTOBER 1, 2022, FOR POSSESSION 10
	1477	+	OR CULTIVATION OF A PERSONAL USE AMOUNT OF CANNABIS BY A PER SON WHO IS 11
	1478	+	AT LEAST 21 YEARS OLD SHALL BE D ISMISSED. 12
	1479	+
	1480	+	(3) (I) A PERSON INCARCERATED OR UNDER SUPERVISION ON OR 13
	1481	+	AFTER OCTOBER 1, 2022, FOR AN OFFENSE INVOL VING THE POSSESSION OR 14
	1482	+	CULTIVATION OF A PER SONAL USE AMOUNT OF CANNABIS MAY PRESENT AN 15
	1483	+	APPLICATION FOR RELE ASE TO THE COURT THA T SENTENCED THE PERS ON. 16
	1484	+
	1485	+	(II) 1. THE COURT SHALL GRANT THE PETITION AND 17
	1486	+	VACATE THE CONVIC TION. 18
	1487	+
	1488	+	2. IF THE PERSON IS NOT SERVING A CONCURRENT OR 19
	1489	+	CONSECUTIVE SENTENCE FOR ANOTHER OFFENSE , THE PERSON SHALL BE 20
	1490	+	RELEASED FROM INCARC ERATION OR SUPERVISI ON. 21
	1491	+
	1492	+	(C) (1) A PERSON INCARCERATED OR UNDER SUPERVISION ON OCTOBER 22
	1493	+	1, 2022, FOR AN OFFENSE INV OLVING THE POSSESSIO N, CULTIVATION, PROCESSING, 23
	1494	+	OR SALE OF CANNABIS MAY PRESENT AN APPLI CATION FOR RESENTENC ING TO THE 24
	1495	+	COURT THAT SENTENCED THE PERSON REGARDLES S OF WHETHER THE PER SON HAS 25
	1496	+	PREVIOUSLY FILED A P ETITION FOR RESENTEN CING. 26
	1497	+
	1498	+	(2) THE COURT SHALL CONSIDER THE INDIVID UAL CIRCUMSTANCES 27
	1499	+	OF EACH CASE AND SHA LL REDUCE THE APPLIC ANT’S SENTENCE IF THE CO URT 28
	1500	+	FINDS THAT DOING SO WOULD BE IN THE INTE RESTS OF JUSTICE , IN LIGHT OF THE 29
	1501	+	ELIMINATION AND REDU CTION IN PENALTIES A SSOCIATED WITH 30
	1502	+	CANNABIS–RELATED CO NDUCT AND PAST RACIA L DISPARITIES IN THE 31
	1503	+	ENFORCEMENT OF CANNA BIS LAWS. 32
	1504	+	SENATE BILL 833 33
	1505	+
	1506	+
	1507	+	(3) THE SENTENCE OF THE A PPLICANT MAY NOT BE INCREASED AT A 1
	1508	+	PROCEEDING DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION . 2
	1509	+
	1510	+	(D) (1) A PERSON PREVIOUSLY CO NVICTED OF AN OFFENS E INVOLVING 3
	1511	+	THE POSSESSION , CULTIVATION, PROCESSING, OR SALE OF CANNABIS NOT LISTED 4
	1512	+	IN § 10–105.3 OF THIS SUBTITLE WHO IS NOT INCARCERATED OR UNDER 5
	1513	+	SUPERVISION AT THE T IME OF THE PETITION MAY PRESENT AN APPLI CATION FOR 6
	1514	+	EXPUNGEMENT TO THE C OURT. 7
	1515	+
	1516	+	(2) THE COURT SHALL CONSIDER THE INDIVID UAL CIRCUMSTANCES 8
	1517	+	OF A CASE DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION A ND SHALL 9
	1518	+	EXPUNGE THE APPLICAN T’S RECORD IF THE COUR T FINDS THAT DOING S O WOULD 10
	1519	+	BE IN THE INTERESTS OF JUSTICE, IN LIGHT OF THE ELIM INATION AND REDUCTIO N 11
	1520	+	IN PENALTIES ASSOCIATED WITH CANNABIS–RELATED CONDUCT AND PAST RACIAL 12
	1521	+	DISPARITIES IN THE E NFORCEMENT OF CANNAB IS LAWS. 13
	1522	+
	1523	+	(E) (1) ANY INDIVIDUAL PETITI ONING FOR RELEASE OR RESENTENCING 14
	1524	+	IN ACCORDANCE WITH S UBSECTION (B) OR (C) OF THIS SECTION IS E LIGIBLE FOR 15
	1525	+	REPRESENTATION BY THE OFFICE OF THE PUBLIC DEFENDER. 16
	1526	+
	1527	+	(2) ON AND AFTER JANUARY 1, 2024, ANY INDIVIDUAL PETIT IONING 17
	1528	+	FOR EXPUNGEMENT UNDE R SUBSECTION (D) OF THIS SECTION IS E LIGIBLE FOR 18
	1529	+	REPRESENTATION BY TH E OFFICE OF THE PUBLIC DEFENDER. 19
	1530	+
	1531	+	(F) (1) IN A PROCEEDING BROUGHT U NDER THIS SECTION , THE STATE’S 20
	1532	+	ATTORNEY SHALL RECEIV E NOTICE AND MAY BE HEARD. 21
	1533	+
	1534	+	(2) IN A FACTUAL DISPUTE WITHIN A PROCEEDING UNDER THIS 22
	1535	+	SECTION, THE PROSECUTION SHAL L BEAR THE BURDEN OF PROOF BY A 23
	1536	+	PREPONDERANCE OF THE EVIDENCE. 24
	1537	+
	1538	+	(3) IF THE STATE’S ATTORNEY DOES NOT REQ UEST TO BE HEARD IN 25
	1539	+	A PROCEEDING UNDER T HIS SECTION, THE COURT SHALL MAKE ALL FACTUAL 26
	1540	+	DETERMINATIONS BASED ON A PREPONDERANCE O F THE EVIDENCE . 27
	1541	+
	1542	+	(G) FUNDS SHALL BE ALLOCA TED BY THE OFFICE OF SOCIAL EQUITY FROM 28
	1543	+	THE COMMUNITY REINVESTMENT AND REPAIR FUND TO COVER THE COS T TO THE 29
	1544	+	OFFICE OF THE PUBLIC DEFENDER, STATE’S ATTORNEY’S OFFICES, AND COURTS, 30
	1545	+	AS PART OF THE COST OF ADMINISTERING TITLE 23 OF THE HEALTH – GENERAL 31
	1546	+	ARTICLE. 32
	1547	+
	1548	+	(H) IF A NONCITIZEN REQUE STS IN WRITING TO TH E OFFICE OF THE CLER K 33
	1549	+	OF THE COURT RECORDS RELATED TO AN OFFENS E LISTED IN SUBSECTI ON (B), (C), 34 34 SENATE BILL 833
	1550	+
	1551	+
	1552	+	OR (D) OF THIS SECTION FOR IMMIGRATION PURPOSES , THOSE RECORDS SHALL BE 1
	1553	+	PROVIDED IF AVAILABL E, OR A STATEMENT SHALL BE PROVIDED THAT NO RECORDS 2
	1554	+	CAN BE FOUND , WITHIN 30 DAYS AFTER THE REQUE ST. 3
	1555	+
	1556	+	Article – Health – General 4
	1557	+
	1558	+	TITLE 23. CANNABIS. 5
	1559	+
	1560	+	SUBTITLE 1. DEFINITIONS. 6
	1561	+
	1562	+	23–101. 7
	1563	+
	1564	+	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 8
	1565	+	INDICATED. 9
	1566	+
	1567	+	(B) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 10
	1568	+	PART OF THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 11
	1569	+	ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 12
	1570	+	A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 13
	1571	+	DRY WEIGHT BASIS . 14
	1572	+
	1573	+	(2) “CANNABIS” DOES NOT INCLU DE HEMP AS DEFINED I N § 14–101 15
	1574	+	OF THE AGRICULTURE ARTICLE. 16
	1575	+
	1576	+	(C) “CANNABIS ACCESSORIES ” MEANS ANY EQUIPMENT , PRODUCTS, OR 17
	1577	+	MATERIALS OF ANY KIN D THAT ARE USED , INTENDED FOR USE , OR DESIGNED FOR 18
	1578	+	USE IN PLANTING , PROPAGATING , CULTIVATING, GROWING, HARVESTING, 19
	1579	+	COMPOSTING , MANUFACTURING , COMPOUNDING , CONVERTING , PRODUCING, 20
	1580	+	PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING , 21
	1581	+	STORING, VAPORIZING, OR CONTAINING CANNAB IS, OR FOR INGESTING , INHALING, 22
	1582	+	OR OTHERWISE INTRODU CING CANNABIS INTO T HE HUMAN BOD Y. 23
	1583	+
	1584	+	(D) “CANNABIS EDUCATION AND TRAINING FUND” MEANS THE CANNABIS 24
	1585	+	EDUCATION AND TRAINING FUND ESTABLISHED UNDE R § 23–203 OF THIS TITLE. 25
	1586	+
	1587	+	(E) “CANNABIS ESTABLISHMEN T” MEANS A CULTIVATOR , A DELIVERY 26
	1588	+	SERVICE, A PROCESSOR , A RETAILER, AN INDEPENDENT TESTI NG LABORATORY , A 27
	1589	+	TRANSPORTER , A DUAL LICENSE HOLDE R, AN ON–SITE CONSUMPTION 28
	1590	+	ESTABLISHMENT , OR ANY OTHER TYPE OF CANNABIS BUSINESS LI CENSED UNDER 29
	1591	+	THIS TITLE AND AUTHO RIZED BY THE COMMISSION. 30
	1592	+
	1593	+	(F) “CANNABIS ESTABLISHMEN T AGENT” OR “AGENT” MEANS AN 31
	1594	+	EMPLOYEE OR OTHER AUTHORIZED PER SON WHO ACTS FOR OR AT THE DIRECTION 32
	1595	+	OF A CANNABIS ESTABL ISHMENT. 33 SENATE BILL 833 35
	1596	+
	1597	+
	1598	+
	1599	+	(G) “CANNABIS PRODUCTS ” MEANS PRODUCTS THAT ARE COMPOSED OF 1
	1600	+	CANNABIS, CANNABIS CONCENTRATE , OR CANNABIS EXTRACT AND OTHER 2
	1601	+	INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, INCLUDING EDIBLE 3
	1602	+	PRODUCTS, OINTMENTS, AND TINCTURES . 4
	1603	+
	1604	+	(H) “CLASS A PROCESSOR” MEANS A PROCESSOR TH AT MAY PERFORM 5
	1605	+	SOLVENT–BASED EXTRACTIONS ON CANNABIS IN COMPLIAN CE WITH REGULATIONS 6
	1606	+	ADOPTED BY THE COMMISSION. 7
	1607	+
	1608	+	(I) “CLASS B PROCESSOR” MEANS A PRO CESSOR THAT MAY NOT PERFORM 8
	1609	+	SOLVENT–BASED EXTRACTIONS ON CANNABIS USING SOLVE NTS OTHER THAN 9
	1610	+	WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 10
	1611	+	ETHANOL. 11
	1612	+
	1613	+	(J) “COMMISSION” MEANS THE ALCOHOL AND TOBACCO COMMISSION OR 12
	1614	+	ITS SUCCESSOR AGENCY . 13
	1615	+
	1616	+	(K) “COMMUNITY REINVESTMENT AND REPAIR FUND” MEANS THE 14
	1617	+	COMMUNITY REINVESTMENT AND REPAIR FUND ESTABLISHED UNDE R § 23–204 OF 15
	1618	+	THIS TITLE. 16
	1619	+
	1620	+	(L) “CONSUMER” MEANS AN INDIVIDUAL AT LEAST 21 YEARS OLD WHO 17
	1621	+	PURCHASES CANNABIS O R CANNABIS PRODUCTS FOR PERSONAL USE BY 18
	1622	+	INDIVIDUALS AT LEAST 21 YEARS OLD. 19
	1623	+
	1624	+	(M) “CULTIVATOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E THAT: 20
	1625	+
	1626	+	(1) CULTIVATES OR PACKAGE S CANNABIS; AND 21
	1627	+
	1628	+	(2) IS AUTHORIZED BY THE COMMISSION TO PROVIDE CANNABIS TO 22
	1629	+	OTHER CANNABIS ESTAB LISHMENTS. 23
	1630	+
	1631	+	(N) “DELIVERY SERVICE” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 24
	1632	+	THAT IS AUTHORIZED B Y THE COMMISSION TO DELIVER CANNABIS TO CONSUMER S. 25
	1633	+
	1634	+	(O) “DISPROPORTIONATELY IM PACTED AREA ” MEANS A GEOGRAPHIC 26
	1635	+	AREA, AS IDENTIFIED BY THE OFFICE OF SOCIAL EQUITY, THAT: 27
	1636	+
	1637	+	(1) MEETS THREE OR MORE OF THE FO LLOWING CRITERIA : 28
	1638	+
	1639	+	(I) HAS A MEDIAN INCOME T HAT IS 80% OR LESS OF THE 29
	1640	+	AVERAGE MEDIAN HOUSE HOLD INCOME IN THE STATE; 30 36 SENATE BILL 833
	1641	+
	1642	+
	1643	+
	1644	+	(II) HAS AN UNEMPLOYMENT R ATE THAT IS AT LEAST 150% OF 1
	1645	+	THE UNEMPLOYMENT RAT E IN THE STATE; 2
	1646	+
	1647	+	(III) HAS A HEALTH UNINSURE D RATE THAT IS AT LE AST 150% 3
	1648	+	OF THE HEALTH UNINSU RED RATE IN THE STATE; 4
	1649	+
	1650	+	(IV) HAS A FOOD STAMP OR SUPPLEMENTAL NUTRITION 5
	1651	+	ASSISTANCE PLAN RATE THAT IS AT LEAST 150% OF THE FOOD STAMP OR 6
	1652	+	SUPPLEMENTAL NUTRITION ASSISTANCE PLAN RATE IN THE STATE; OR 7
	1653	+
	1654	+	(V) HAS A POVERTY RATE TH AT IS AT LEAST 150% OF THE 8
	1655	+	POVERTY RATE IN THE STATE; AND 9
	1656	+
	1657	+	(2) HAS BEEN IMPACTED BY HIGH RATES OF ARREST , CONVICTION, 10
	1658	+	AND INCARCERATION FO R CANNABIS POSSESSIO N. 11
	1659	+
	1660	+	(P) “DUAL LICENSE” MEANS A LICENSE ISSU ED BY THE COMMISSION TO AN 12
	1661	+	ENTITY THAT IS ALSO LICENSED AS A MEDICA L CANNABIS DISPENSAR Y, MEDICAL 13
	1662	+	CANNABIS PROCESSOR , MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, 14
	1663	+	OR MEDICAL CANNABIS GROWER. 15
	1664	+
	1665	+	(Q) “INDEPENDENT TESTING L ABORATORY ” MEANS A FACILITY , AN ENTITY, 16
	1666	+	OR A SITE THAT OFFER S OR PERFORMS TESTS RELATED TO THE INSPE CTION AND 17
	1667	+	TESTING OF CANNABIS AND PRODUCTS CONTAIN ING CANNABIS. 18
	1668	+
	1669	+	(R) “LOCALITY” MEANS A COUNTY , A MUNICIPAL CORPORAT ION, OR 19
	1670	+	ANOTHER POLITICAL SU BDIVISION OF THE STATE. 20
	1671	+
	1672	+	(S) “MEDICAL CANNABIS DISPENSARY” MEANS A DISPENSARY L ICENSED 21
	1673	+	UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 22
	1674	+
	1675	+	(T) “MEDICAL CANNABIS GROW ER” MEANS A GROWER LICEN SED UNDER 23
	1676	+	TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 24
	1677	+
	1678	+	(U) “MEDICAL CANNABIS INDE PENDENT TESTING LABO RATORY” MEANS AN 25
	1679	+	INDEPENDENT TESTING LABOR ATORY LICENSED UNDER TITLE 13, SUBTITLE 33 OF 26
	1680	+	THIS ARTICLE. 27
	1681	+
	1682	+	(V) “MEDICAL CANNABIS PROC ESSOR” MEANS A PROCESSOR LI CENSED 28
1789	1683		UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 29
1790		-	SENATE BILL 833 39
1791		-
1792		-
1793		-	(T) “MEDICAL CANNABIS GROW ER” MEANS A GROWER LICEN SED UNDER 1
1794		-	TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 2
1795		-
1796		-	(U) “MEDICAL CANNABIS INDE PENDENT TESTING LABO RATORY” MEANS AN 3
1797		-	INDEPENDENT TESTING LABORAT ORY LICENSED UNDER TITLE 13, SUBTITLE 33 OF 4
1798		-	THIS ARTICLE. 5
1799		-
1800		-	(V) “MEDICAL CANNABIS PROC ESSOR” MEANS A PROCESSOR LI CENSED 6
1801		-	UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 7
1802		-
1803		-	(W) “ON–SITE CONSUMPTION EST ABLISHMENT ” MEANS AN ENTITY 8
1804		-	LICENSED UNDER THIS TITLE AND AUTHORIZED BY THE COMMISSION AND THE 9
1805		-	LOCALITY IN WHICH IT IS LOCATED TO SELL C ANNABIS OR CANNABIS PRODUCTS FOR 10
1806		-	ON–SITE CONSUMPTION . 11
1807		-
1808		-	(X) “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED IN § 5–601 OF 12
1809		-	THE CRIMINAL LAW ARTICLE. 13
1810		-
1811		-	(Y) (1) “PROCESSOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 14
1812		-	AND AUTHORIZED BY TH E COMMISSION TO : 15
1813		-
1814		-	(I) TRANSFORM CANNABIS IN TO ANOTHER PRODUCT O R 16
1815		-	EXTRACT; AND 17
1816		-
1817		-	(II) PACKAGE AND LABEL CAN NABIS. 18
1818		-
1819		-	(2) “PROCESSOR” INCLUDES CLASS A AND CLASS B PROCESSORS . 19
1820		-
1821		-	(Z) (1) “PUBLIC PLACE” MEANS ANY PLACE TO W HICH THE GENERAL 20
1822		-	PUBLIC HAS ACCESS . 21
1823		-
1824		-	(2) “PUBLIC PLACE” DOES NOT INCLUDE : 22
1825		-
1826		-	(I) AN ON–SITE CONSUMPTION EST ABLISHMENT ; OR 23
1827		-
1828		-	(II) ANY VENUE OR AREA WH ERE INDIVIDUALS CONG REGATE TO 24
1829		-	CONSUME CANNABIS IN A MANNER CO NSISTENT WITH LOCAL LAW. 25
1830		-
1831		-	(AA) “REMUNERATION ” MEANS A THING OF VAL UE, INCLUDING MONETARY 26
1832		-	PAYMENT, A DONATION, THE PROVISION OF A S ERVICE, THE PURCHASE OF AN I TEM 27
1833		-	AT ABOVE FAIR MARKET VALUE, OR THE TRADE OF A PH YSICAL ITEM OF VALUE . 28
1834		-
1835		-	(BB) “RETAILER” MEANS AN ENTITY LICENSED T O: 29
1836		-	40 SENATE BILL 833
1837		-
1838		-
1839		-	(1) PURCHASE CANNABIS FRO M CANNABIS ESTABLISH MENTS; AND 1
1840		-
1841		-	(2) SELL CANNABIS AND CAN NABIS PRODUCTS TO CO NSUMERS. 2
1842		-
1843		-	(CC) “SOCIAL EQUITY APPLICA NT” MEANS AN APPLICANT F OR A CANNABIS 3
1844		-	ESTABLISHMENT LICENS E THAT: 4
1845		-
1846		-	(1) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 5
1847		-	STATE RESIDENTS WHO H AVE RESIDED FOR AT L EAST 5 OF THE IMMEDIATELY 6
1848		-	PRECEDING 10 YEARS IN A DISPROPOR TIONATELY IMPACTED A REA; 7
1849		-
1850		-	(2) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 8
1851		-	STATE RESIDENTS WHO H AVE BEEN ARRESTED FOR , CONVICTED OF , OR FOUND 9
1852		-	RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 10
1853		-	EXPUNGEMENT UNDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 11
1854		-	MEMBERS OF IMPACTED FAMILIES; 12
1855		-
1856		-	(3) HAS A MINIMUM OF 10 FULL–TIME EMPLOYEES , WITH AT LEAST 13
1857		-	60% OF EMPLOYEES WHO : 14
1858		-
1859		-	(I) AT THE TIME OF APPLIC ATION, RESIDE IN A 15
1860		-	DISPROPORTIONATELY I MPACTED AREA ; OR 16
1861		-
1862		-	(II) HAVE BEEN ARRESTED FO R, CONVICTED OF , OR FOUND 17
1863		-	RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 18
1864		-	EXPUNGEMENT U NDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 19
1865		-	MEMBERS OF IMPACTED FAMILIES; OR 20
1866		-
1867		-	(4) MEETS ANY OTHER CRIT ERIA ESTABLISHED BY THE COMMISSION 21
1868		-	BASED ON THE RESULTS OF A DISPARITY STUDY . 22
1869		-
1870		-	(DD) “SOCIAL EQUITY START–UP FUND” MEANS THE SOCIAL EQUITY 23
1871		-	START–UP FUND ESTABLISHED UNDE R § 23–202 OF THIS TITLE. 24
1872		-
1873		-	(EE) “TRANSPORTER ” MEANS AN ENTITY LICE NSED UNDER THIS TITL E AND 25
1874		-	AUTHORIZED BY THE COMMISSION TO TRANSPO RT CANNABIS BETWEEN CANNABIS 26
1875		-	ESTABLISHMENTS . 27
1876		-
1877		-	SUBTITLE 2. OFFICE OF SOCIAL EQUITY. 28
1878		-
1879		-	23–201. 29
1880		-
1881		-	(A) THERE IS AN OFFICE OF SOCIAL EQUITY WITHIN THE COMMISSION. 30
1882		-	SENATE BILL 833 41
1883		-
1884		-
1885		-	(B) (1) THE GOVERNOR SHALL APPOIN T AN EXECUTIVE DIREC TOR OF 1
1886		-	THE OFFICE OF SOCIAL EQUITY. 2
1887		-
1888		-	(2) THE EXECUTIVE DIRECTO R SHALL HAVE AT LEAS T 5 YEARS OF 3
1889		-	EXPERIENCE IN CIVIL RIGHTS ADVOCACY, CIVIL RIGHTS LITIGAT ION, OR SOCIAL 4
1890		-	JUSTICE. 5
1891		-
1892		-	(C) THE OFFICE OF SOCIAL EQUITY MAY EMPLOY STA FF AND RETAIN 6
1893		-	CONTRACTORS AS MAY B E REQUIRED TO CARRY OUT THE FUNCTIONS OF THE 7
1894		-	OFFICE. 8
1895		-
1896		-	(D) THE OFFICE OF SOCIAL EQUITY SHALL: 9
1897		-
1898		-	(1) PROMOTE AND ENCOURA GE FULL PARTICIPATIO N IN THE 10
1899		-	REGULATED CANNABIS I NDUSTRY BY PEOPLE FR OM COMMUNITIES THAT HAVE 11
1900		-	PREVIOUSLY BEEN DISP ROPORTIONATELY HARME D BY CANNABIS PROHIB ITION 12
1901		-	AND ENFORCEMENT IN O RDER TO POSITIVELY I MPACT THOSE COMMUNIT IES; 13
1902		-
1903		-	(2) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 14
1904		-	ADMINISTRATION OF TH E COMMUNITY REINVESTMENT AND REPAIR FUND; 15
1905		-
1906		-	(3) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 16
1907		-	ADMINISTRATION OF TH E SOCIAL EQUITY START–UP FUND; 17
1908		-
1909		-	(4) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 18
1910		-	ADMINISTRATION OF THE CANNABIS EDUCATION AND TRAINING FUND; 19
1911		-
1912		-	(5) ADVISE THE COMMISSION REGARDING REGULATIONS , 20
1913		-	INCLUDING: 21
1914		-
1915		-	(I) ADVISING AGAINST IMPL EMENTING REGULATIONS AND 22
1916		-	FINANCIAL REQUIREMEN TS THAT UNNECESSARIL Y IMPOSE FINANCIAL B URDENS 23
1917		-	THAT UNDERMINE THE P URPOSES OF THIS SECTION; AND 24
1918		-
1919		-	(II) PROVIDING RECOMMENDAT IONS ON REGULATIONS 25
1920		-	RELATED TO: 26
1921		-
1922		-	1. DIVERSITY; AND 27
1923		-
1924		-	2. SOCIAL EQUITY APPLICA TIONS; 28
1925		-
1926		-	(6) WORK WITH THE COMMISSION TO IMPLEME NT FREE TECHNICAL 29
1927		-	ASSISTANCE FOR SOCIA L EQUITY AND MINORIT Y BUSINESS APPLICANTS; 30
1928		-	42 SENATE BILL 833
1929		-
1930		-
1931		-	(7) PRODUCE REPORTS AND R ECOMMENDATIONS ON DI VERSITY AND 1
1932		-	EQUITY IN OWNERSHIP , MANAGEMENT , AND EMPLOYMENT IN TH E LEGAL CANNABIS 2
1933		-	ECONOMY; AND 3
1934		-
1935		-	(8) DETERMINE WHICH INDIV IDUALS AND ENTITIES SHALL BE 4
1936		-	GRANTED LOANS OR GRA NTS FROM THE SOCIAL EQUITY START–UP FUND, THE 5
1937		-	CANNABIS EDUCATION AND TRAINING FUND, AND THE COMMUNITY 6
1938		-	REINVESTMENT AND REPAIR FUND. 7
1939		-
1940		-	(E) ON OR BEFORE MARCH 1 EACH YEAR, THE OFFICE OF SOCIAL EQUITY 8
1941		-	SHALL PRODUCE AND MA KE PUBLICLY AVAILABL E A REPORT ON HOW TH E 9
1942		-	COMMUNITY REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP 10
1943		-	FUND, AND THE CANNABIS EDUCATION AND TRAINING FUND WERE ALLOCATED 11
1944		-	DURING THE IMMEDIATE LY PRECEDING YEAR . 12
1945		-
1946		-	(F) (1) ON OR BEFORE NOVEMBER 1 EACH YEAR, THE OFFICE OF SOCIAL 13
1947		-	EQUITY SHALL SOLICIT PUBLIC INPUT ON THE USES OF THE COMMUNITY 14
1948		-	REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP FUND, AND 15
1949		-	THE CANNABIS EDUCATION AND TRAINING FUND. 16
1950		-
1951		-	(2) ON OR BEFORE DECEMBER 15 EACH YEAR, THE OFFICE OF 17
1952		-	SOCIAL EQUITY SHALL PUBLISH A REVIEW OF INPUT RE CEIVED UNDER PARAGRA PH 18
1953		-	(1) OF THIS SUBSECTION . 19
1954		-
1955		-	23–202. 20
1956		-
1957		-	(A) (1) THERE IS A SOCIAL EQUITY START–UP FUND. 21
1958		-
1959		-	(2) THE PURPOSE OF THE SOCIAL EQUITY START–UP FUND IS TO 22
1960		-	PROVIDE NO –INTEREST LOANS AND G RANTS TO SUPPORT BUS INESSES IN THE 23
1961		-	LEGAL CANNABIS INDUS TRY THAT ARE SOCIAL EQUITY APPLICANTS . 24
1962		-
1963		-	(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 25
1964		-	CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 26
1965		-	EQUITY AND THE MARYLAND SMALL BUSINESS DEVELOPMENT FINANCING 27
1966		-	AUTHORITY. 28
1967		-
1968		-	(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 29
1969		-	FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES SH ALL 30
1970		-	RECEIVE LOANS AND GR ANTS FROM THE FUND. 31
1971		-
1972		-	(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 32
1973		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 33
1974		-	SENATE BILL 833 43
1975		-
1976		-
1977		-	(II) THE STATE TREASURER SHALL HOLD THE FUND 1
1978		-	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
1979		-
1980		-	(5) THE FUND CONSISTS OF : 3
1981		-
1982		-	(I) ALL LICENSING FEES PA ID BY DUAL LICENSES UNDER § 4
1983		-	23–403 OF THIS TITLE; 5
1984		-
1985		-	(II) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 6
1986		-	OF THE TAX – GENERAL ARTICLE; 7
1987		-
1988		-	(III) INTEREST EARNINGS ; AND 8
1989		-
1990		-	(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 9
1991		-	FOR THE BENEFIT OF THE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 10
1992		-	BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 11
1993		-
1994		-	(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PROGRAM 12
1995		-	ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION , INCLUDING FOR ANY 13
1996		-	ADMINISTRATIVE EXPEN SES RELATED TO THE P ROGRAM. 14
1997		-
1998		-	(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 15
1999		-	FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 16
2000		-
2001		-	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 17
2002		-	CREDITED TO THE FUND. 18
2003		-
2004		-	(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 19
2005		-
2006		-	(I) THE GENERAL FUND OF THE STATE; OR 20
2007		-
2008		-	(II) ANY OTHER SPECIAL FUN D OF THE STATE. 21
2009		-
2010		-	(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 22
2011		-	DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 23
2012		-
2013		-	(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 24
2014		-	AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 25
2015		-
2016		-	(B) (1) THE OFFICE OF SOCIAL EQUITY SHALL ESTABLIS H A PROGRAM 26
2017		-	TO ALLOW APPLICANTS FOR LICENSES UNDER SUBTITLE 4 OF THIS TITLE THAT 27
2018		-	QUALIFY AS A SOCIAL EQUITY APPLICANT TO APPLY FOR LOANS OR G RANTS FROM 28
2019		-	THE SOCIAL EQUITY START–UP FUND. 29
2020		-	44 SENATE BILL 833
2021		-
2022		-
2023		-	(2) THE OFFICE OF SOCIAL EQUITY SHALL DEVELOP A PROCESS FOR 1
2024		-	SELECTING APPLICANTS TO RECEIVE LOANS OR GRANTS FROM THE PROG RAM 2
2025		-	ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION . 3
2026		-
2027		-	(3) THE OFFICE OF SOCIAL EQUITY SHALL ADOPT RE GULATIONS TO 4
2028		-	IMPLEMENT THIS SUBSE CTION. 5
2029		-
2030		-	(C) AT THE END OF EACH FI SCAL YEAR, BEGINNING JUNE 30, 2026, IF THE 6
2031		-	OFFICE OF SOCIAL EQUITY REPORTS THAT T HE SOCIAL EQUITY START–UP FUND 7
2032		-	HAS A SURPLUS OF FUN DS AND THERE IS NO R EASONABLE EXPECTATIO N THAT THE 8
2033		-	SURPLUS WILL BE NEED ED FOR LOANS OR GRAN TS TO SOCIAL EQUITY APPLICANTS, 9
2034		-	THE OFFICE OF SOCIAL EQUITY MAY TRANSFER T HE EXCESS FUNDS IN T HE 10
2035		-	FOLLOWING MANNER : 11
2036		-
2037		-	(1) HALF TO THE CANNABIS EDUCATION AND TRAINING FUND; AND 12
2038		-
2039		-	(2) HALF TO THE COMMUNITY REINVESTMENT AND REPAIR FUND. 13
2040		-
2041		-	23–203. 14
2042		-
2043		-	(A) (1) THERE IS A CANNABIS EDUCATION AND TRAINING FUND. 15
2044		-
2045		-	(2) THE PURPOSE OF THE CANNABIS EDUCATION AND TRAINING 16
2046		-	FUND IS TO PROVIDE FR EE OR LOW–COST TRAINING AND EDUCATION FOR ALL 17
2047		-	SECTORS OF THE CANNA BIS ECONOMY IN THE STATE. 18
2048		-
2049		-	(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 19
2050		-	CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 20
2051		-	EQUITY AND THE MARYLAND DEPARTMENT OF LABOR. 21
	1684	+
	1685	+	(W) “ON–SITE CONSUMPTION EST ABLISHMENT ” MEANS AN ENTITY 30 SENATE BILL 833 37
	1686	+
	1687	+
	1688	+	LICENSED UN DER THIS TITLE AND A UTHORIZED BY THE COMMISSION AND THE 1
	1689	+	LOCALITY IN WHICH IT IS LOCATED TO SELL C ANNABIS OR CANNABIS PRODUCTS FOR 2
	1690	+	ON–SITE CONSUMPTION . 3
	1691	+
	1692	+	(X) “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED IN § 5–601 OF 4
	1693	+	THE CRIMINAL LAW ARTICLE. 5
	1694	+
	1695	+	(Y) (1) “PROCESSOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 6
	1696	+	AND AUTHORIZED BY TH E COMMISSION TO : 7
	1697	+
	1698	+	(I) TRANSFORM CANNABIS IN TO ANOTHER PRODUCT O R 8
	1699	+	EXTRACT; AND 9
	1700	+
	1701	+	(II) PACKAGE AND LABEL CAN NABIS. 10
	1702	+
	1703	+	(2) “PROCESSOR” INCLUDES CLASS A AND CLASS B PROCESSORS . 11
	1704	+
	1705	+	(Z) (1) “PUBLIC PLACE” MEANS ANY PLACE TO W HICH THE GENERAL 12
	1706	+	PUBLIC HAS ACCESS . 13
	1707	+
	1708	+	(2) “PUBLIC PLACE” DOES NOT INCLUDE : 14
	1709	+
	1710	+	(I) AN ON–SITE CONSUMPTION EST ABLISHMENT ; OR 15
	1711	+
	1712	+	(II) ANY VENUE OR AREA WH ERE INDIVIDUALS CONG REGATE TO 16
	1713	+	CONSUME CANNABIS IN A MANNER CONSISTENT WITH LOCA L LAW. 17
	1714	+
	1715	+	(AA) “REMUNERATION ” MEANS A THING OF VAL UE, INCLUDING MONETARY 18
	1716	+	PAYMENT, A DONATION, THE PROVISION OF A S ERVICE, THE PURCHASE OF AN I TEM 19
	1717	+	AT ABOVE FAIR MARKET VALUE, OR THE TRADE OF A PH YSICAL ITEM OF VALUE . 20
	1718	+
	1719	+	(BB) “RETAILER” MEANS AN ENTITY LICENSE D TO: 21
	1720	+
	1721	+	(1) PURCHASE CANNABIS FRO M CANNABIS ESTABLISH MENTS; AND 22
	1722	+
	1723	+	(2) SELL CANNABIS AND CAN NABIS PRODUCTS TO CO NSUMERS. 23
	1724	+
	1725	+	(CC) “SOCIAL EQUITY APPLICA NT” MEANS AN APPLICANT F OR A CANNABIS 24
	1726	+	ESTABLISHMENT LICENS E THAT: 25
	1727	+
	1728	+	(1) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 26
	1729	+	STATE RESIDENTS WHO H AVE RESIDED FOR AT L EAST 5 OF THE IMMEDIATELY 27
	1730	+	PRECEDING 10 YEARS IN A DISPROPOR TIONATELY IMPACTED A REA; 28 38 SENATE BILL 833
	1731	+
	1732	+
	1733	+
	1734	+	(2) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 1
	1735	+	STATE RESIDENTS WHO H AVE BEEN ARRESTED FOR , CONVICTED OF , OR FOUND 2
	1736	+	RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 3
	1737	+	EXPUNGEMENT UNDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 4
	1738	+	MEMBERS OF IMPACTED FAMILIES; 5
	1739	+
	1740	+	(3) HAS A MINIMUM OF 10 FULL–TIME EMPLOYEES , WITH AT LEAST 6
	1741	+	60% OF EMPLOYEES WHO : 7
	1742	+
	1743	+	(I) AT THE TIME OF APPLIC ATION, RESIDE IN A 8
	1744	+	DISPROPORTIONATELY I MPACTED AREA ; OR 9
	1745	+
	1746	+	(II) HAVE BEEN ARRESTED FO R, CONVICTED OF , OR FOUND 10
	1747	+	RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 11
	1748	+	EXPUNGEMENT UNDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 12
	1749	+	MEMBERS OF IMPACTED FAMILIES; OR 13
	1750	+
	1751	+	(4) MEETS ANY OTHER CRIT ERIA ESTABLISHED BY THE COMMISSION 14
	1752	+	BASED ON THE RESULTS OF A DISPARITY STUDY . 15
	1753	+
	1754	+	(DD) “SOCIAL EQUITY START–UP FUND” MEANS THE SOCIAL EQUITY 16
	1755	+	START–UP FUND ESTABLISHED UNDE R § 23–202 OF THIS TITLE. 17
	1756	+
	1757	+	(EE) “TRANSPORTER ” MEANS AN ENTITY LICE NSED UNDER THIS TITL E AND 18
	1758	+	AUTHORIZED BY THE COMMISSION TO TRANSPO RT CANNABIS BETWEEN CANNABIS 19
	1759	+	ESTABLISHMENTS . 20
	1760	+
	1761	+	SUBTITLE 2. OFFICE OF SOCIAL EQUITY. 21
	1762	+
	1763	+	23–201. 22
	1764	+
	1765	+	(A) THERE IS AN OFFICE OF SOCIAL EQUITY WITHIN THE COMMISSION. 23
	1766	+
	1767	+	(B) (1) THE GOVERNOR SHALL APPOIN T AN EXECUTIVE DIREC TOR OF 24
	1768	+	THE OFFICE OF SOCIAL EQUITY. 25
	1769	+
	1770	+	(2) THE EXECUTIVE DIRECTO R SHALL HAVE AT LEAS T 5 YEARS OF 26
	1771	+	EXPERIENCE IN CIVIL RIGHTS ADV OCACY, CIVIL RIGHTS LITIGAT ION, OR SOCIAL 27
	1772	+	JUSTICE. 28
	1773	+
	1774	+	(C) THE OFFICE OF SOCIAL EQUITY MAY EMPLOY STA FF AND RETAIN 29
	1775	+	CONTRACTORS AS MAY B E REQUIRED TO CARRY OUT THE FUNCTIONS OF THE 30 SENATE BILL 833 39
	1776	+
	1777	+
	1778	+	OFFICE. 1
	1779	+
	1780	+	(D) THE OFFICE OF SOCIAL EQUITY SHALL: 2
	1781	+
	1782	+	(1) PROMOTE AND ENCOURAGE FULL PARTICIPATION I N THE 3
	1783	+	REGULATED CANNABIS I NDUSTRY BY PEOPLE FR OM COMMUNITIES THAT HAVE 4
	1784	+	PREVIOUSLY BEEN DISP ROPORTIONATELY HARME D BY CANNABIS PROHIB ITION 5
	1785	+	AND ENFORCEMENT IN O RDER TO POSITIVELY I MPACT THOSE COMMUNIT IES; 6
	1786	+
	1787	+	(2) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 7
	1788	+	ADMINISTRATION OF TH E COMMUNITY REINVESTMENT AND REPAIR FUND; 8
	1789	+
	1790	+	(3) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 9
	1791	+	ADMINISTRATION OF TH E SOCIAL EQUITY START–UP FUND; 10
	1792	+
	1793	+	(4) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 11
	1794	+	ADMINISTRATION OF THE CANNABIS EDUCATION AND TRAINING FUND; 12
	1795	+
	1796	+	(5) ADVISE THE COMMISSION REGARDING REGULATIONS , 13
	1797	+	INCLUDING: 14
	1798	+
	1799	+	(I) ADVISING AGAINST IMPL EMENTING REGULATIONS AND 15
	1800	+	FINANCIAL REQUIREMEN TS THAT UNNECESSARIL Y IMPOSE FINANCIAL B URDENS 16
	1801	+	THAT UNDERMINE THE P URPOSES OF THIS SECTION; AND 17
	1802	+
	1803	+	(II) PROVIDING RECOMMENDAT IONS ON REGULATIONS 18
	1804	+	RELATED TO: 19
	1805	+
	1806	+	1. DIVERSITY; AND 20
	1807	+
	1808	+	2. SOCIAL EQUITY APPLICA TIONS; 21
	1809	+
	1810	+	(6) WORK WITH THE COMMISSION TO IMPLEME NT FREE TECHNICAL 22
	1811	+	ASSISTANCE FOR SOCIA L EQUITY AND MINORIT Y BUSINESS APPLICANTS; 23
	1812	+
	1813	+	(7) PRODUCE REPORTS AND R ECOMMENDATIONS ON DI VERSITY AND 24
	1814	+	EQUITY IN OWNERSHIP , MANAGEMENT , AND EMPLOYMENT IN TH E LEGAL CANNABIS 25
	1815	+	ECONOMY; AND 26
	1816	+
	1817	+	(8) DETERMINE WHICH INDIV IDUALS AND ENTITIES SHALL BE 27
	1818	+	GRANTED LOANS OR GRA NTS FROM THE SOCIAL EQUITY START–UP FUND, THE 28
	1819	+	CANNABIS EDUCATION AND TRAINING FUND, AND THE COMMUNITY 29
	1820	+	REINVESTMENT AND REPAIR FUND. 30 40 SENATE BILL 833
	1821	+
	1822	+
	1823	+
	1824	+	(E) ON OR BEFORE MARCH 1 EACH YEAR, THE OFFICE OF SOCIAL EQUITY 1
	1825	+	SHALL PRODUCE AND MA KE PUBLICLY AVAILABL E A REPORT ON HOW TH E 2
	1826	+	COMMUNITY REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP 3
	1827	+	FUND, AND THE CANNABIS EDUCATION AND TRAINING FUND WERE ALLOCATED 4
	1828	+	DURING THE IMMEDIATE LY PRECEDING YEAR . 5
	1829	+
	1830	+	(F) (1) ON OR BEFORE NOVEMBER 1 EACH YEAR, THE OFFICE OF SOCIAL 6
	1831	+	EQUITY SHALL SOLICIT PUBLIC INPUT ON THE USES OF THE COMMUNITY 7
	1832	+	REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP FUND, AND 8
	1833	+	THE CANNABIS EDUCATION AND TRAINING FUND. 9
	1834	+
	1835	+	(2) ON OR BEFORE DECEMBER 15 EACH YEAR, THE OFFICE OF 10
	1836	+	SOCIAL EQUITY SHALL PUBLISH A REVIEW OF INPUT RE CEIVED UNDER P ARAGRAPH 11
	1837	+	(1) OF THIS SUBSECTION . 12
	1838	+
	1839	+	23–202. 13
	1840	+
	1841	+	(A) (1) THERE IS A SOCIAL EQUITY START–UP FUND. 14
	1842	+
	1843	+	(2) THE PURPOSE OF THE SOCIAL EQUITY START–UP FUND IS TO 15
	1844	+	PROVIDE NO –INTEREST LOANS AND G RANTS TO SUPPORT BUS INESSES IN THE 16
	1845	+	LEGAL CANNABIS INDUS TRY THAT ARE SOCIA L EQUITY APPLICANTS . 17
	1846	+
	1847	+	(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 18
	1848	+	CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 19
	1849	+	EQUITY AND THE MARYLAND SMALL BUSINESS DEVELOPMENT FINANCING 20
	1850	+	AUTHORITY. 21
2052	1851
2053	1852		(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPONSIBILITY 22
2054		-	FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES ~~RE CEIVE~~ 23
2055		-	~~GRANTS~~ FROM THE FUND. 24
	1853	+	FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES SH ALL 23
	1854	+	RECEIVE LOANS AND GR ANTS FROM THE FUND. 24
2056	1855
2057	1856		(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 25
2058	1857		SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
2059	1858
2060	1859		(II) THE STATE TREASURER SHALL HOLD THE FUND 27
2061	1860		SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
2062	1861
2063	1862		(5) THE FUND CONSISTS OF : 29
2064	1863
2065		-	(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 30
2066		-	OF THE TAX – GENERAL ARTICLE; 31 SENATE BILL 833 45
2067		-
2068		-
2069		-
2070		-	(II) INTEREST EARNINGS; AND 1
2071		-
2072		-	(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 2
2073		-	FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 3
2074		-	BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 4
2075		-
2076		-	(6) THE FUND MAY BE USED ONLY FOR CARRY ING OUT THE PURPOSE 5
2077		-	OF THE FUND, INCLUDING FOR ANY RE LATED ADMINISTRATIVE EXPENSES. 6
2078		-
2079		-	(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 7
2080		-	FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 8
2081		-
2082		-	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 9
2083		-	CREDITED TO THE FUND. 10
2084		-
2085		-	(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 11
2086		-
2087		-	(I) THE GENERAL FUND OF THE STATE; OR 12
2088		-
2089		-	(II) ANY OTHER SPECIAL FUN D OF THE STATE. 13
2090		-
2091		-	(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 14
2092		-	DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 15
2093		-
2094		-	(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 16
2095		-	AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 17
2096		-
2097		-	(B) THE FUND SHALL PROVIDE FU NDING FOR: 18
2098		-
2099		-	(1) HIGH SCHOOL CAREER AN D TECHNICAL EDUCATIO N PROGRAMS ; 19
2100		-
2101		-	(2) COMMUNITY COLLEGE PRO GRAMS; 20
2102		-
2103		-	(3) HISTORICALLY BLACK CO LLEGES AND UNIVERSIT IES; AND 21
2104		-
2105		-	(4) ADULT EDUCATION PROGR AMS. 22
2106		-
2107		-	(C) IN MAKING ALLOCATIONS FROM THE CANNABIS EDUCATION AND 23
2108		-	TRAINING FUND, THE OFFICE OF SOCIAL EQUITY SHALL: 24
2109		-
2110		-	(1) DURING THE FIRST YEAR, ALLOCATE AT LEAST 5% OF THE FUNDS 25
2111		-	TO CONDUCTING AND FU NDING OUTREACH TO TH E ELIGIBLE COMMUNITI ES, 26
2112		-	EDUCATIONAL INSTITUT IONS, GOVERNMENT PROGRAMS , AND INDIVIDUALS TO 27
2113		-	NOTIFY THEM OF THE CANNABIS EDUCATION AND TRAINING FUND GRANT 28 46 SENATE BILL 833
2114		-
2115		-
2116		-	OPPORTUNITIES AND GI VE PRIORITY TO ORGANIZA TIONS WITH A TRADITI ON OF 1
2117		-	OUTREACH TO STAKEHOL DERS IN DISPROPORTIO NATELY IMPACTED AREA S; 2
2118		-
2119		-	(2) PRIORITIZE WORK –BASED LEARNING PROGR AMS; 3
2120		-
2121		-	(3) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 4
2122		-	CAREER TRAINING FOR FORMERLY INCARCERATED INDIVID UALS; 5
2123		-
2124		-	(4) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 6
2125		-	CAREER TRAINING FOR INDIVIDUALS WHO RESI DE IN DISPROPORTIONA TELY 7
2126		-	IMPACTED AREAS ; 8
2127		-
2128		-	(5) PROVIDE FUNDING TO TH E CAREER AND TECHNOLOGY 9
2129		-	EDUCATION INNOVATION GRANT PROGRAM ES TABLISHED UNDER § 21–205 OF THE 10
2130		-	EDUCATION ARTICLE TO DEVELOP A CTE CURRICULUM THAT INCL UDES 11
2131		-	HANDS–ON CANNABIS CAREER T RAINING; 12
2132		-
2133		-	(6) PROVIDE FUNDING TO LO CAL WORKFORCE DEVELO PMENT 13
2134		-	BOARDS TO ADD CANNAB IS CAREER TRAINING T O THEIR CAREER DEVEL OPMENT 14
2135		-	PROGRAM S; AND 15
2136		-
2137		-	(7) PROVIDE FUNDING FOR T RAINING IN A BROAD R ANGE OF 16
2138		-	CAREERS IN THE LEGAL CANNABIS INDUSTRY , INCLUDING POTENTIAL BUSINESS 17
2139		-	OWNERS AND EMPLOYEES AND FOR WORK IN THE GROWING, PROCESSING, AND 18
2140		-	RETAIL SECTORS . 19
2141		-
2142		-	(D) EDUCATIONAL PROGRAMS FUNDED BY THE FUND MAY USE HEMP 20
2143		-	INSTEAD OF CANNABIS FOR HANDS–ON TRAINING. 21
2144		-
2145		-	(E) (1) THE FUND MAY BE USED TO P ROVIDE GRANTS TO ANY 22
2146		-	ORGANIZATION CAPABLE OF PROVIDING TRAININ G RELEVANT TO THE LE GAL 23
2147		-	CANNABIS INDUSTRY , WHICH MAY INCLUDE ED UCATIONAL INSTITUTIO NS, 24
2148		-	NONPROFIT O RGANIZATIONS , PRIVATE BUSINESSES , COMMUNITY GROUPS , UNITS 25
2149		-	OF LOCAL GOVERNMENT , PROGRAMS OPERATED BY STATE AGENCIES , OR 26
2150		-	PARTNERSHIPS BETWEEN DIFFERENT TYPES OF O RGANIZATIONS . 27
2151		-
2152		-	(2) THE OFFICE OF SOCIAL EQUITY SHALL CONSIDER THE DIVERSITY 28
2153		-	OF APPLICANTS ’ BOARDS OF DIRECTORS AN D OWNERSHIP WHEN ISS UING GRANTS. 29
2154		-
2155		-	(3) THE OFFICE OF SOCIAL EQUITY SHALL PRIORITI ZE TRAINING 30
2156		-	PROGRAMS THAT PROVID E A PIPELINE TO CARE ERS, INCLUDING ASSISTING 31
2157		-	STUDENTS WITH APPLIC ATIONS, RESUMES, AND INTERVIEW SCHEDU LING AND 32
2158		-	TRACKING THE EMPLOYMENT OF ST UDENTS IN THE LEGAL CANNABIS INDUSTRY . 33
2159		-	SENATE BILL 833 47
2160		-
2161		-
2162		-	(F) (1) THE COMMISSION MAY CREATE A PROGRAM TO ISSUE G RANTS TO 1
2163		-	ELIGIBLE INDIVIDUALS TO PURSUE A TRAINING PROGRAM RELEVANT TO A CAREER 2
2164		-	IN THE LEGAL CANNABI S INDUSTRY. 3
2165		-
2166		-	(2) GRANT FUNDS AWARDED T O ELIGIBLE INDIVIDUALS : 4
2167		-
2168		-	(I) SHALL BE USED TO PAY THE COSTS OF ENROLLI NG IN A 5
2169		-	TRAINING PROGRAM REL EVANT TO THE LEGAL C ANNABIS INDUSTRY , INCLUDING 6
2170		-	TUITION, FEES, AND THE COST OF MATE RIALS; AND 7
2171		-
2172		-	(II) MAY BE USED TO REMOVE EXTERNAL BARRIERS TO 8
2173		-	ATTENDING A TRAINING PROGRAM , INCLUDING THE COST O F CHILD CARE , 9
2174		-	TRANSPORTATION , OR OTHER EXPENSES AP PROVED BY THE COMMISSION. 10
2175		-
2176		-	23–204. 11
2177		-
2178		-	(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 12
2179		-
2180		-	(2) THE PURPOSE OF THE FUND IS TO IMPROVE TH E WELL–BEING OF 13
2181		-	INDIVIDUALS AND COMMUNITIE S THAT HAVE EXPERIEN CED A DISPROPORTIONA TE 14
2182		-	NEGATIVE IMPACT FROM POVERTY, UNEMPLOYMENT , CANNABIS PROHIBITION AND 15
2183		-	ENFORCEMENT , MASS INCARCERATION , SYSTEMIC RACISM , OR A COMBINATION OF 16
2184		-	THOSE FACTORS . 17
2185		-
2186		-	(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND IN 18
2187		-	CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 19
2188		-	EQUITY AND THE DEPARTMENT OF COMMERCE. 20
2189		-
2190		-	(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 21
2191		-	FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES RE CEIVE 22
2192		-	GRANTS FROM THE FUND. 23
2193		-
2194		-	(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 24
2195		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
2196		-
2197		-	(II) THE STATE TREASURER SHALL HOLD THE FUND 26
2198		-	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
2199		-
2200		-	(5) THE FUND CONSISTS OF : 28
2201		-
2202		-	(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 29
2203		-	OF THE TAX – GENERAL ARTICLE; 30
2204		-
2205		-	(II) INTEREST EARNINGS ; AND 31 48 SENATE BILL 833
2206		-
	1864	+	(I) ALL LICENSING FEES PA ID BY DUAL LICENSES UNDER § 30
	1865	+	23–403 OF THIS TITLE; 31 SENATE BILL 833 41
	1866	+
	1867	+
	1868	+
	1869	+	(II) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 1
	1870	+	OF THE TAX – GENERAL ARTICLE; 2
	1871	+
	1872	+	(III) INTEREST EARNINGS ; AND 3
	1873	+
	1874	+	(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 4
	1875	+	FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 5
	1876	+	BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 6
	1877	+
	1878	+	(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PROGRAM 7
	1879	+	ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION , INCLUDING FOR ANY 8
	1880	+	ADMINISTRATIVE EXPEN SES RELATED TO THE P ROGRAM. 9
	1881	+
	1882	+	(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 10
	1883	+	FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 11
	1884	+
	1885	+	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 12
	1886	+	CREDITED TO THE FUND. 13
	1887	+
	1888	+	(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 14
	1889	+
	1890	+	(I) THE GENERAL FUND OF THE STATE; OR 15
	1891	+
	1892	+	(II) ANY OTHER SPECIAL FUND OF T HE STATE. 16
	1893	+
	1894	+	(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 17
	1895	+	DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 18
	1896	+
	1897	+	(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 19
	1898	+	AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 20
	1899	+
	1900	+	(B) (1) THE OFFICE OF SOCIAL EQUITY SHALL ESTABLIS H A PROGRAM 21
	1901	+	TO ALLOW APPLICANTS FOR LICENSES UNDER SUBTITLE 4 OF THIS TITLE THAT 22
	1902	+	QUALIFY AS A SOCIAL EQUITY APPLICANT TO APPLY FOR LOANS OR G RANTS FROM 23
	1903	+	THE SOCIAL EQUITY START–UP FUND. 24
	1904	+
	1905	+	(2) THE OFFICE OF SOCIAL EQUITY SHALL DEVELOP A PROCESS FOR 25
	1906	+	SELECTING APPLICANTS TO RECEIVE LOANS OR GRANTS FROM THE PROG RAM 26
	1907	+	ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION . 27
	1908	+
	1909	+	(3) THE OFFICE OF SOCIAL EQUITY SHALL ADOPT RE GULATIONS TO 28
	1910	+	IMPLEMENT THIS SUBSE CTION. 29 42 SENATE BILL 833
	1911	+
	1912	+
	1913	+
	1914	+	(C) AT THE END OF EACH FI SCAL YEAR, BEGINNING JUNE 30, 2026, IF THE 1
	1915	+	OFFICE OF SOCIAL EQUITY REPORTS THAT T HE SOCIAL EQUITY START–UP FUND 2
	1916	+	HAS A SURPLUS OF FUN DS AND THERE IS NO R EASONABLE EXPECTATIO N THAT THE 3
	1917	+	SURPLUS WILL BE NEED ED FOR LOANS OR GRAN TS TO SOCIAL EQUITY APP LICANTS, 4
	1918	+	THE OFFICE OF SOCIAL EQUITY MAY TRANSFER T HE EXCESS FUNDS IN T HE 5
	1919	+	FOLLOWING MANNER : 6
	1920	+
	1921	+	(1) HALF TO THE CANNABIS EDUCATION AND TRAINING FUND; AND 7
	1922	+
	1923	+	(2) HALF TO THE COMMUNITY REINVESTMENT AND REPAIR FUND. 8
	1924	+
	1925	+	23–203. 9
	1926	+
	1927	+	(A) (1) THERE IS A CANNABIS EDUCATION AND TRAINING FUND. 10
	1928	+
	1929	+	(2) THE PURPOSE OF THE CANNABIS EDUCATION AND TRAINING 11
	1930	+	FUND IS TO PROVIDE FR EE OR LOW–COST TRAINING AND ED UCATION FOR ALL 12
	1931	+	SECTORS OF THE CANNA BIS ECONOMY IN THE STATE. 13
	1932	+
	1933	+	(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 14
	1934	+	CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 15
	1935	+	EQUITY AND THE MARYLAND DEPARTMENT OF LABOR. 16
	1936	+
	1937	+	(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 17
	1938	+	FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES RE CEIVE 18
	1939	+	GRANTS FROM THE FUND. 19
	1940	+
	1941	+	(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 20
	1942	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
	1943	+
	1944	+	(II) THE STATE TREASURER SHALL HOLD THE FUND 22
	1945	+	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 23
	1946	+
	1947	+	(5) THE FUND CONSISTS OF : 24
	1948	+
	1949	+	(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 25
	1950	+	OF THE TAX – GENERAL ARTICLE; 26
	1951	+
	1952	+	(II) INTEREST EARNINGS ; AND 27
	1953	+
	1954	+	(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 28
	1955	+	FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTED 29 SENATE BILL 833 43
	1956	+
	1957	+
	1958	+	BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 1
	1959	+
	1960	+	(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PURPOSE 2
	1961	+	OF THE FUND, INCLUDING FOR ANY RE LATED ADMINISTRATIVE EXPENSES. 3
	1962	+
	1963	+	(7) (I) THE STATE TREASURER SHALL I NVEST THE MONEY OF T HE 4
	1964	+	FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 5
	1965	+
	1966	+	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 6
	1967	+	CREDITED TO THE FUND. 7
	1968	+
	1969	+	(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 8
	1970	+
	1971	+	(I) THE GENERAL FUND OF THE STATE; OR 9
	1972	+
	1973	+	(II) ANY OTHER SPECIAL FUN D OF THE STATE. 10
	1974	+
	1975	+	(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 11
	1976	+	DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 12
	1977	+
	1978	+	(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 13
	1979	+	AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 14
	1980	+
	1981	+	(B) THE FUND SHALL PROVIDE FU NDING FOR: 15
	1982	+
	1983	+	(1) HIGH SCHOOL CAREER AN D TECHNICAL EDUCATIO N PROGRAMS ; 16
	1984	+
	1985	+	(2) COMMUNITY COLLEGE PRO GRAMS; 17
	1986	+
	1987	+	(3) HISTORICALLY BLACK CO LLEGES AND UNIVERSIT IES; AND 18
	1988	+
	1989	+	(4) ADULT EDUCATION PROGR AMS. 19
	1990	+
	1991	+	(C) IN MAKING ALLOCATIONS FROM THE CANNABIS EDUCATION AND 20
	1992	+	TRAINING FUND, THE OFFICE OF SOCIAL EQUITY SHALL: 21
	1993	+
	1994	+	(1) DURING THE FIRST YEAR , ALLOCATE AT LEAST 5% OF THE FUNDS 22
	1995	+	TO CONDUCTING AND FU NDING OUTREACH TO TH E ELIGIBLE COMMUNITI ES, 23
	1996	+	EDUCATIONAL INSTITUT IONS, GOVERNMENT PROGRAMS , AND INDIVIDUALS TO 24
	1997	+	NOTIFY THEM OF THE CANNABIS EDUCATION AND TRAINING FUND GRANT 25
	1998	+	OPPORTU NITIES AND GIVE PRIO RITY TO ORGANIZATION S WITH A TRADITION O F 26
	1999	+	OUTREACH TO STAKEHOL DERS IN DISPROPORTIO NATELY IMPACTED AREA S; 27
	2000	+	44 SENATE BILL 833
	2001	+
	2002	+
	2003	+	(2) PRIORITIZE WORK –BASED LEARNING PROGR AMS; 1
	2004	+
	2005	+	(3) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 2
	2006	+	CAREER TRAINING FOR FORMERLY INCARCERATED INDIVIDUALS; 3
	2007	+
	2008	+	(4) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 4
	2009	+	CAREER TRAINING FOR INDIVIDUALS WHO RESI DE IN DISPROPORTIONA TELY 5
	2010	+	IMPACTED AREAS ; 6
	2011	+
	2012	+	(5) PROVIDE FUNDING TO TH E CAREER AND TECHNOLOGY 7
	2013	+	EDUCATION INNOVATION GRANT PROGRAM ESTABLISHED UN DER § 21–205 OF THE 8
	2014	+	EDUCATION ARTICLE TO DEVELOP A CTE CURRICULUM THAT INCL UDES 9
	2015	+	HANDS–ON CANNABIS CAREER T RAINING; 10
	2016	+
	2017	+	(6) PROVIDE FUNDING TO LO CAL WORKFORCE DEVELO PMENT 11
	2018	+	BOARDS TO ADD CANNAB IS CAREER TRAINING T O THEIR CAREER DEVEL OPMENT 12
	2019	+	PROGRAMS; AND 13
	2020	+
	2021	+	(7) PROVIDE FUNDING FOR T RAINING IN A BROAD R ANGE OF 14
	2022	+	CAREERS IN THE LEGAL CANNABIS INDUSTRY , INCLUDING POTENTIAL BUSINESS 15
	2023	+	OWNERS AND EMPLOYEES AND FOR WORK IN THE GROWING, PROCESSING, AND 16
	2024	+	RETAIL SECTORS . 17
	2025	+
	2026	+	(D) EDUCATIONAL PROGRAMS FUNDED BY THE FUND MAY USE HEMP 18
	2027	+	INSTEAD OF CANNABIS FOR HANDS–ON TRAINING. 19
	2028	+
	2029	+	(E) (1) THE FUND MAY BE USED TO P ROVIDE GRANTS TO ANY 20
	2030	+	ORGANIZATION CAPABLE OF PROVIDING TRAININ G RELEVANT TO THE LE GAL 21
	2031	+	CANNABIS INDUSTRY , WHICH MAY INCLUDE E DUCATIONAL INSTITUTI ONS, 22
	2032	+	NONPROFIT ORGANIZATI ONS, PRIVATE BUSINESSES , COMMUNITY GROUPS , UNITS 23
	2033	+	OF LOCAL GOVERNMENT , PROGRAMS OPERATED BY STATE AGENCIES , OR 24
	2034	+	PARTNERSHIPS BETWEEN DIFFERENT TYPES OF O RGANIZATIONS . 25
	2035	+
	2036	+	(2) THE OFFICE OF SOCIAL EQUITY SHALL CONS IDER THE DIVERSITY 26
	2037	+	OF APPLICANTS ’ BOARDS OF DIRECTORS AND OWNERSHIP WHEN I SSUING GRANTS . 27
	2038	+
	2039	+	(3) THE OFFICE OF SOCIAL EQUITY SHALL PRIORITI ZE TRAINING 28
	2040	+	PROGRAMS THAT PROVID E A PIPELINE TO CARE ERS, INCLUDING ASSISTING 29
	2041	+	STUDENTS WITH APPLIC ATIONS, RESUMES, AND INTERVIEW SCHEDULING AND 30
	2042	+	TRACKING THE EMPLOYM ENT OF STUDENTS IN T HE LEGAL CANNABIS IN DUSTRY. 31
	2043	+
	2044	+	(F) (1) THE COMMISSION MAY CREATE A PROGRAM TO ISSUE G RANTS TO 32
	2045	+	ELIGIBLE INDIVIDUALS TO PURSUE A TRAINING PROGRAM RELEVANT TO A CAREER 33 SENATE BILL 833 45
	2046	+
	2047	+
	2048	+	IN THE LEGAL CANNABI S INDUSTRY. 1
	2049	+
	2050	+	(2) GRANT FUNDS AWARDED T O ELIGIBLE INDIVIDUA LS: 2
	2051	+
	2052	+	(I) SHALL BE USED TO PAY THE COSTS OF ENROLLI NG IN A 3
	2053	+	TRAINING PROGRAM REL EVANT TO THE LEGAL C ANNABIS INDUSTRY , INCLUDING 4
	2054	+	TUITION, FEES, AND THE COST OF MATE RIALS; AND 5
	2055	+
	2056	+	(II) MAY BE USED TO RE MOVE EXTERNAL BARRIE RS TO 6
	2057	+	ATTENDING A TRAINING PROGRAM, INCLUDING THE COST O F CHILD CARE , 7
	2058	+	TRANSPORTATION , OR OTHER EXPENSES AP PROVED BY THE COMMISSION. 8
	2059	+
	2060	+	23–204. 9
	2061	+
	2062	+	(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 10
	2063	+
	2064	+	(2) THE PURPOSE OF THE FUND IS TO IMPROVE THE WELL –BEING OF 11
	2065	+	INDIVIDUALS AND COMM UNITIES THAT HAVE EX PERIENCED A DISPROPO RTIONATE 12
	2066	+	NEGATIVE IMPACT FROM POVERTY, UNEMPLOYMENT , CANNABIS PROHIBITION AND 13
	2067	+	ENFORCEMENT , MASS INCARCERATION , SYSTEMIC RACISM , OR A COMBINATION OF 14
	2068	+	THOSE FACTORS . 15
	2069	+
	2070	+	(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND IN 16
	2071	+	CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 17
	2072	+	EQUITY AND THE DEPARTMENT OF COMMERCE. 18
	2073	+
	2074	+	(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 19
	2075	+	FOR APPROVING APPLIC ATIONS AND DETERMI NING WHICH ENTITIES RECEIVE 20
	2076	+	GRANTS FROM THE FUND. 21
	2077	+
	2078	+	(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 22
	2079	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 23
	2080	+
	2081	+	(II) THE STATE TREASURER SHALL HOLD THE FUND 24
	2082	+	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 25
	2083	+
	2084	+	(5) THE FUND CONSISTS OF : 26
	2085	+
	2086	+	(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 27
	2087	+	OF THE TAX – GENERAL ARTICLE; 28
	2088	+
	2089	+	(II) INTEREST EARNINGS ; AND 29
	2090	+	46 SENATE BILL 833
2207	2091
2208	2092
2209	2093		(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 1
2210	2094		FOR THE BEN EFIT OF THE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 2
2211	2095		BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 3
2212	2096
2213	2097		(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PURPOSE 4
2214	2098		OF THE FUND, INCLUDING FOR ANY RE LATED ADMINISTRATIVE EXPENSES. 5
2215	2099
2216	2100		(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 6
2217	2101		FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 7
2218	2102
2219	2103		(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 8
2220	2104		CREDITED TO THE FUND. 9
2221	2105
2222	2106		(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 10
2223	2107
2224	2108		(I) THE GENERAL FUND OF THE STATE; OR 11
2225	2109
2226	2110		(II) ANY OTHER SPECIAL FUN D OF THE STATE. 12
2227	2111
2228	2112		(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 13
2229	2113		DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 14
2230	2114
2231	2115		(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 15
2232	2116		AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 16
2233	2117
2234	2118		(B) BEFORE DETERMINING HO W FUNDS FROM THE COMMUNITY 17
2235	2119		REINVESTMENT AND REPAIR FUND WILL BE ALLOCATE D, THE OFFICE OF SOCIAL 18
2236	2120		EQUITY SHALL SOLICIT INPUT FROM THE IMPAC TED COMMUNITIES ON T HE 19
2237	2121		COMMUNITIES ’ NEEDS AND PRIORITIES FOR THE FUNDS , INCLUDING BY PROMOTI NG 20
2238	2122		AND HOLDING PUBLIC MEETI NGS IN AT LEAST 20 OF THE CENSUS TRACT AREAS 21
2239	2123		THAT HAVE BEEN SIGNI FICANTLY IMPACTED BY POVERTY, UNEMPLOYMENT , 22
2240	2124		CANNABIS PROHIBITION , MASS INCARCERATION , OR SYSTEMIC RACISM . 23
2241	2125
2242	2126		(C) (1) THE OFFICE OF SOCIAL EQUITY SHALL DISTRIBU TE FUNDS FROM 24
2243	2127		THE COMMUNITY REINVESTMENT AND REPAIR FUND IN A MANNER THAT IMPROVES 25
2244	2128		THE WELL –BEING OF COMMUNITIES AND INDIVIDUALS THAT HAVE BEEN 26
2245	2129		SIGNIFICANTLY IMPACT ED BY POVERTY, UNEMPLOYMENT , CANNABIS PROHIBITION , 27
2246	2130		MASS INCARCERATION , OR SYSTEMIC RACISM . 28
2247	2131
2248	2132		(2) THE OFFICE OF SOCIAL EQUITY MAY USE THE FUND TO AWARD 29
2249	2133		GRANTS TO NONPROFIT ORGANIZATIONS OR ALL OCATIONS TO GOVERNME NT 30
2250	2134		AGENCIES FOR : 31
2251		-	SENATE BILL 833 49
	2135	+	SENATE BILL 833 47
2252	2136
2253	2137
2254	2138		(I) HOUSING ASSISTANCE , INCLUDING TO PROMOTE HOME 1
2255	2139		OWNERSHIP AMONG MEMB ERS OF MINORITY GROU PS THAT ARE 2
2256	2140		UNDERREPRESENTED IN HOME OWNERSHIP DUE TO REDLINING OR 3
2257	2141		DISCRIMINATION ; 4
2258	2142
2259	2143		(II) RE–ENTRY SERVICES , INCLUDING JOB TRAINI NG AND 5
2260	2144		PLACEMENT ; 6
2261	2145
2262	2146		(III) SCHOLARSHIP ASSISTANC E FOR LOW–INCOME STUDENTS ; 7
2263	2147
2264	2148		(IV) GRANTS TO COMMUNITY –BASED ORGANIZATIONS TO 8
2265	2149		PROVIDE SERVICES TO PREVENT VIOLENCE, SUPPORT YOUTH DEVELO PMENT, 9
2266	2150		PROVIDE EARLY INTERV ENTION FOR YOUTH AND FAMILIES, AND PROMOTE 10
2267	2151		COMMUNITY STABILITY AND SAFETY; 11
2268	2152
2269	2153		(V) SMALL BUSINESS LOANS FOR RESIDENTS OF THE 12
2270	2154		COMMUNITIES DESCRIBE D IN PARAGRAPH (1) OF THIS SUBSECTION ; AND 13
2271	2155
2272	2156		(VI) LEGAL OR CIVIC AID, INCLUDING TO PROVIDE ASSISTANCE 14
2273	2157		IN OBTAINING AN EXPU NGEMENT. 15
2274	2158
2275	2159		SUBTITLE 3. CANNABIS REGULATION. 16
2276	2160
2277	2161		23–301. 17
2278	2162
2279	2163		(A) (1) ON OR BEFORE MARCH 1, 2023, THE COMMISSION SHALL ADOP T 18
2280	2164		REGULATIONS NECESSAR Y TO ISSUE AND REGUL ATE DUAL LICENSES ON AN 19
2281	2165		EXPEDITED BASIS . 20
2282	2166
2283	2167		(2) THE COMMISSION SHALL ATTE MPT TO HARMONIZE THE 21
2284	2168		REGULATIONS WITH THE REGULATIONS ISSUED B Y THE NATALIE M. LAPRADE 22
2285	2169		MEDICAL CANNABIS COMMISSION TO MINIMIZ E HARDSHIP TO DUAL L ICENSEES. 23
2286	2170
2287	2171		(3) THE REGULATIONS SHALL : 24
2288	2172
2289	2173		(I) INCLUDE PROCEDURES TO ALLOW MEDICAL CANNABIS 25
2290	2174		DISPENSARIES, MEDICAL CANNABIS PRO CESSORS, MEDICAL CANNABIS 26
2291	2175		INDEPENDENT TESTING LABORATORIES , OR MEDICAL CANNABIS GROWERS TO 27
2292	2176		APPLY FOR A DUAL LIC ENSE BY: 28
2293	2177
2294	2178		1. PAYING AN APPLICATION AND LICENSING FEE IN AN 29
2295	2179		AMOUNT ESTA BLISHED BY THE DEPARTMENT , IN ADDITION TO THE F EE PAYABLE 30
2296		-	TO THE SOCIAL EQUITY START–UP FUND UNDER § 23–403 OF THIS TITLE; 31
2297		-	~~50 SENATE BILL 833~~
	2180	+	TO THE SOCIAL EQUITY START–UP FUND UNDER § 23–403 OF THIS TITLE; 31 48 SENATE BILL 833
	2181	+
2298	2182
2299	2183
2300	2184		2. A. SUBMITTING A DOCUMENT FROM THE NATALIE 1
2301	2185		M. LAPRADE MEDICAL CANNABIS COMMISSION STATING TH AT THE APPLICANT 2
2302	2186		HAS NOT BEEN SAN CTIONED FOR MULTIPLE OR SERIOUS VIOLATION S OF THE 3
2303	2187		NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION’S RULES AND 4
2304	2188		REGULATIONS AND IS I N COMPLIANCE WITH TH OSE RULES AND REGULA TIONS; OR 5
2305	2189
2306	2190		B. IF THE NATALIE M. LAPRADE MEDICAL CANNABIS 6
2307	2191		COMMISSION FAILS TO R ESPOND TO A REQUEST FOR T HE DOCUMENTATION 7
2308	2192		DESCRIBED IN ITEM A OF THIS ITEM WITHIN 30 DAYS AFTER RECEIVING THE 8
2309	2193		WRITTEN REQUEST , SUBMITTING AN AFFIDA VIT FROM THE CHIEF E XECUTIVE 9
2310	2194		OFFICER OR BOARD PRE SIDENT OF THE APPLIC ANT STATING THAT THE APPLICANT 10
2311	2195		HAS NOT BEEN S ANCTIONED FOR MULTIP LE OR SERIOUS VIOLAT IONS OF THE 11
2312	2196		NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION’S RULES AND 12
2313	2197		REGULATIONS AND IS I N COMPLIANCE WITH TH OSE RULES AND REGULA TIONS; AND 13
2314	2198
2315	2199		3. SUBMITTING A PLAN EXP LAINING HOW THE 14
2316	2200		APPLICANT INTENDS TO CONTINUE SERVING PATIENTS REG ISTERED WITH THE 15
2317	2201		NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, WITHOUT INCREASING 16
2318	2202		PRICES OR REDUCING P RODUCT AVAILABILITY ; 17
2319	2203
2320	2204		(II) REQUIRE THAT , WHEN THE COMMISSION NEEDS TO 18
2321	2205		EMPLOY AN INDIVIDUAL TO FILL A POSITION R ELATED TO CANNABI S REGULATION , 19
2322	2206		THE COMMISSION GIVE EMPLO YEES OF THE NATALIE M. LAPRADE MEDICAL 20
2323	2207		CANNABIS COMMISSION WHO PERFOR M SIMILAR DUTIES AS THE POSITION TO BE 21
2324	2208		FILLED A ONE–TIME RIGHT OF FIRST REFUSAL OFFER OF EMP LOYMENT WITH THE 22
2325	2209		COMMISSION; 23
2326	2210
2327	2211		(III) INCLUDE PROCEDURE S FOR SUSPENDING A D UAL LICENSE 24
2328	2212		FOR A MEDICAL CANNAB IS BUSINESS THAT HAS FAILED TO MAINTAIN R EASONABLE 25
2329	2213		PRICES AND PRODUCT A VAILABILITY FOR QUAL IFYING PATIENTS DURI NG THE 26
2330	2214		PERIOD OF EXPEDITED LICENSING; AND 27
2331	2215
2332	2216		(IV) ADDRESS CANNABIS SOLD FOR ADULT USE , INCLUDING 28
2333	2217		WARNING LABELS . 29
2334	2218
2335	2219		(4) THE COMMISSION MAY ISSUE DUAL LICENSES UNDER THIS 30
2336	2220		SUBSECTION ONLY FOR THE TYPE OR TYPES OF LICENSES ISSUED AND LOCATIONS 31
2337	2221		WHERE THE APPLICANT IS AUTHORIZED TO OPE RATE UNDER TITLE 13, SUBTITLE 32
2338	2222		33 OF THIS ARTICLE. 33
2339	2223
2340	2224		(B) (1) ON OR B EFORE OCTOBER 1, 2023, THE COMMISSION, IN 34
2341		-	CONSULTATION WITH TH E OFFICE OF SOCIAL EQUITY, SHALL ADOPT REGULATI ONS 35
2342		-	NECESSARY FOR IMPLEMENTATION OF TH E REMAINDER OF THIS TITLE. 36
2343		-	SENATE BILL 833 51
2344		-
2345		-
2346		-	(2) THE REGULATIONS MAY N OT: 1
2347		-
2348		-	(I) PROHIBIT THE OPERATIO N OF CANNABIS 2
2349		-	ESTABLISHMENTS , EITHER EXPRESSLY OR THROUGH THE APPLICAT ION OF THE 3
2350		-	REGULATIONS ; OR 4
2351		-
2352		-	(II) REQUIRE A HIGH INVEST MENT OF RISK, MONEY, TIME, OR 5
2353		-	ANY OTHER RESOURCE O R ASSET THAT WOULD R ESULT IN THE OPERATI ON OF A 6
2354		-	CANNABIS ESTABLISHME NT BEING CONSIDERED NOT WORTHY OF BEING CARRIED 7
2355		-	OUT IN PRACTICE BY A REASONABLY PRUDENT B USINESSPERSON . 8
2356		-
2357		-	(3) THE REGULATIONS SHALL INCLUDE: 9
2358		-
2359		-	(I) PROCEDURE S FOR THE ISSUANCE , RENEWAL, SUSPENSION, 10
2360		-	AND REVOCATION OF A LICENSE TO OPERATE A CANNABIS ESTABLISHME NT; 11
2361		-
2362		-	(II) RULES, PROCEDURES , AND POLICIES TO PROM OTE AND 12
2363		-	ENCOURAGE FULL PARTI CIPATION IN THE REGU LATED CANNABIS INDUS TRY BY 13
2364		-	PEOPLE FROM COMMUNIT IES THAT HAVE PREVIOUSLY BEEN 14
2365		-	DISPROPORTIONATELY H ARMED BY CANNABIS PR OHIBITION AND ENFORC EMENT 15
2366		-	AND TO POSITIVELY IM PACT THOSE COMMUNITI ES AND THAT REFLECT INPUT FROM 16
2367		-	THE OFFICE OF SOCIAL EQUITY, INCLUDING: 17
2368		-
2369		-	1. CONDUCTING NECESSARY AND APPROPRIATE 18
2370		-	OUTREACH TO DIVERSE GROUPS TH AT MAY QUALIFY FOR P ARTICIPATION IN 19
2371		-	ACTIVITIES UNDER THI S TITLE; 20
2372		-
2373		-	2. REQUIRING EACH CANNAB IS ESTABLISHMENT TO 21
2374		-	ESTABLISH AND ADHERE TO POLICIES THAT ENC OURAGE DIVERSITY IN 22
2375		-	EMPLOYMENT , CONTRACTING , AND OTHER PROFESSION AL OPPORTUNITIE S; 23
2376		-
2377		-	3. REQUIRING ANY CANNABI S ESTABLISHMENT WITH 25 24
2378		-	OR MORE EMPLOYEES TO RETAIN A DIVERSITY O FFICER; 25
2379		-
2380		-	4. REQUIRING EACH CANNAB IS ESTABLISHMENT TO 26
2381		-	REPORT ON THE DIVERS ITY OF ITS WORKFORCE , MANAGEMENT , CONTRACTS, AND 27
2382		-	OWNERSHIP ON OR BEFO RE JANUARY 1 EACH YEAR; 28
2383		-
2384		-	5. ISSUING REGULATIONS A LLOWING SOCIAL EQUIT Y 29
2385		-	APPLICANTS TO APPLY FOR, AND BE LICENSED FOR , CULTIVATOR AND PROCESSOR 30
2386		-	LICENSES NOT LESS TH AN 180 DAYS BEFORE APPLICAN TS THAT ARE NOT SOCI AL 31
2387		-	EQUITY APPLICANTS OR THAT DO NOT HOLD DUA L LICENSES; AND 32
2388		-	52 SENATE BILL 833
2389		-
2390		-
2391		-	6. PROVIDING THAT DELIVE RY AND TRANSPORTATIO N 1
2392		-	LICENSES ARE AVAILAB LE EXCLUSIVELY TO SO CIAL EQUITY APPLI CANTS; 2
2393		-
2394		-	(III) AN APPLICATION REVIEW PROCESS FOR GRANTING 3
2395		-	LICENSES; 4
2396		-
2397		-	(IV) A PROCESS TO ALLOW CUL TIVATORS TO MOVE TO ANOTHER 5
2398		-	TIER OF LICENSE , INCLUDING PROVISIONS ALLOWING DUAL LICENS EES THAT ARE 6
2399		-	INITIALLY LICENSED I N A TIER ABOVE TIER 5 TO INCREASE PR ODUCTION ON 7
2400		-	DEMONSTRATING THAT A DDITIONAL CULTIVATIO N SUPPLY IS NEEDED ; 8
2401		-
2402		-	(V) A SCHEDULE OF REASONAB LE APPLICATION , LICENSE, AND 9
2403		-	RENEWAL FEES THAT : 10
2404		-
2405		-	1. ESTABLISHES APPLICATI ON FEES IN AN AMOUNT NOT 11
2406		-	EXCEEDING $5,000, AS ADJUSTED ANNUALLY FOR INFLATION , UNLESS THE 12
2407		-	COMMISSION DETERMINES A GREATER FEE IS NEC ESSARY TO CARRY OUT ITS 13
2408		-	RESPONSIBILITIES UND ER THIS TITLE OR ANO THER FEE AMOUNT IS R EQUIRED 14
2409		-	UNDER THIS TITLE ; 15
2410		-
2411		-	2. REDUCES APPLICATION , LICENSING, AND RENEWAL 16
2412		-	FEES BY 50% FOR SOCIAL EQUITY AP PLICANTS OR LICENSEES THAT QUALIFY AS A 17
2413		-	SOCIAL EQUITY APPLIC ANT; 18
2414		-
2415		-	3. BASES APPLICATION AND LICENSING FEES FOR 19
2416		-	CULTIVATION ON TIER , WITH SUBSTANTIALLY L OWER FEES FOR TIER 1 20
2417		-	CULTIVATORS THAN TIER 5 CULTIVATORS ; AND 21
2418		-
2419		-	4. SETS APPLICATION AND LICENSING FEES FOR CLASS 22
2420		-	B PROCESSORS SUBSTANTI ALLY LOWER THAN APPL ICATION AND LICENSIN G FEES 23
2421		-	FOR CLASS A PROCESSORS ; 24
2422		-
2423		-	(VI) QUALIFICATIONS FOR A LICENSE THAT ARE DIR ECTLY AND 25
2424		-	DEMONSTRABLY RELATED TO THE OPERATION OF A CANNABIS ESTABLISH MENT 26
2425		-	AND THAT DO NOT DISQ UALIFY APPLICANTS FOR CANNA BIS OFFENSES OCCURRI NG 27
2426		-	BEFORE OCTOBER 1, 2022; 28
2427		-
2428		-	(VII) SECURITY REQUIREMENTS ; 29
2429		-
2430		-	(VIII) REQUIREMENTS FOR THE SECURE TRANSPORTATIO N AND 30
2431		-	STORAGE OF CANNABIS AND CANNABIS PRODUCT S BY CANNABIS ESTABL ISHMENTS; 31
2432		-
2433		-	(IX) REQUIREMENTS FOR DE LIVERY SERVICES , INCLUDING: 32
	2225	+	CONSULTATION WITH TH E OFFICE OF SOCIAL EQUITY, SHALL ADOPT REGULATI ONS 35 SENATE BILL 833 49
	2226	+
	2227	+
	2228	+	NECESSARY FOR IMPLEM ENTATION OF THE REMA INDER OF THIS TITLE . 1
	2229	+
	2230	+	(2) THE REGULATIONS MAY N OT: 2
	2231	+
	2232	+	(I) PROHIBIT THE OPERATIO N OF CANNABIS 3
	2233	+	ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH THE APPLICAT ION OF THE 4
	2234	+	REGULATIONS ; OR 5
	2235	+
	2236	+	(II) REQUIRE A HIGH INVEST MENT OF RISK, MONEY, TIME, OR 6
	2237	+	ANY OTHER RESOURCE O R ASSET THAT WOULD R ESULT IN THE OPERATI ON OF A 7
	2238	+	CANNABIS ESTABLISHME NT BEING CONSIDERED NOT WORTHY O F BEING CARRIED 8
	2239	+	OUT IN PRACTICE BY A REASONABLY PRUDENT B USINESSPERSON . 9
	2240	+
	2241	+	(3) THE REGULATIONS SHALL INCLUDE: 10
	2242	+
	2243	+	(I) PROCEDURES FOR THE IS SUANCE, RENEWAL, SUSPENSION, 11
	2244	+	AND REVOCATION OF A LICENSE TO OPERATE A CANNABIS ESTABLISHME NT; 12
	2245	+
	2246	+	(II) RULES, PROCEDURES , AND POLICIES TO PROM OTE AND 13
	2247	+	ENCOURAGE FULL PARTI CIPATION IN THE REGU LATED CANNABIS INDUS TRY BY 14
	2248	+	PEOPLE FROM COMMUNIT IES THAT HAVE PREVIO USLY BEEN 15
	2249	+	DISPROPORTIONATELY H ARMED BY CANNABIS PR OHIBITION AND ENFORC EMENT 16
	2250	+	AND TO POSITIVELY IM PACT THOSE CO MMUNITIES AND THAT R EFLECT INPUT FROM 17
	2251	+	THE OFFICE OF SOCIAL EQUITY, INCLUDING: 18
	2252	+
	2253	+	1. CONDUCTING NECESSARY AND APPROPRIATE 19
	2254	+	OUTREACH TO DIVERSE GROUPS THAT MAY QUAL IFY FOR PARTICIPATIO N IN 20
	2255	+	ACTIVITIES UNDER THI S TITLE; 21
	2256	+
	2257	+	2. REQUIRING EACH CANNAB IS ESTABLISHMENT TO 22
	2258	+	ESTABLISH AND ADHERE TO POLICIES THAT ENC OURAGE DIVERSITY IN 23
	2259	+	EMPLOYMENT , CONTRACTING , AND OTHER PROFESSION AL OPPORTUNITIES ; 24
	2260	+
	2261	+	3. REQUIRING ANY CANNABI S ESTABLISHMENT WITH 25 25
	2262	+	OR MORE EMPLOYEES TO RETAIN A DIVERSITY O FFICER; 26
	2263	+
	2264	+	4. REQUIRING EA CH CANNABIS ESTABLIS HMENT TO 27
	2265	+	REPORT ON THE DIVERS ITY OF ITS WORKFORCE , MANAGEMENT , CONTRACTS, AND 28
	2266	+	OWNERSHIP ON OR BEFO RE JANUARY 1 EACH YEAR; 29
	2267	+
	2268	+	5. ISSUING REGULATIONS A LLOWING SOCIAL EQUIT Y 30
	2269	+	APPLICANTS TO APPLY FOR, AND BE LICENSED FOR , CULTIVATOR AND P ROCESSOR 31
	2270	+	LICENSES NOT LESS TH AN 180 DAYS BEFORE APPLICAN TS THAT ARE NOT SOCI AL 32 50 SENATE BILL 833
	2271	+
	2272	+
	2273	+	EQUITY APPLICANTS OR THAT DO NOT HOLD DUA L LICENSES; AND 1
	2274	+
	2275	+	6. PROVIDING THAT DELIVE RY AND TRANSPORTATIO N 2
	2276	+	LICENSES ARE AVAILAB LE EXCLUSIVELY TO SO CIAL EQUITY APPLICAN TS; 3
	2277	+
	2278	+	(III) AN APPLICATION REVIEW PROCESS FOR GRANTING 4
	2279	+	LICENSES; 5
	2280	+
	2281	+	(IV) A PROCESS TO ALLOW CUL TIVATORS TO MOVE TO ANOTHER 6
	2282	+	TIER OF LICENSE , INCLUDING PROVISIONS ALLOWING DUAL LICENS EES THAT ARE 7
	2283	+	INITIALLY LICENSED I N A TIER ABOVE TIER 5 TO INCREASE PRODUCTI ON ON 8
	2284	+	DEMONSTRATING THAT A DDITIONAL CULTIVATIO N SUPPLY IS NEEDED ; 9
	2285	+
	2286	+	(V) A SCHEDULE OF REASONAB LE APPLICATION , LICENSE, AND 10
	2287	+	RENEWAL FEES THAT : 11
	2288	+
	2289	+	1. ESTABLISHES APPLICATI ON FEES IN AN AMOUNT NOT 12
	2290	+	EXCEEDING $5,000, AS ADJUSTED ANNUALLY FOR INFLATION , UNLESS THE 13
	2291	+	COMMISSION DETERMINES A GREATER FEE IS NEC ESSARY TO CARRY OUT ITS 14
	2292	+	RESPONSIBILITIES UND ER THIS TITLE OR ANO THER FEE AMOUNT IS R EQUIRED 15
	2293	+	UNDER THIS TITLE ; 16
	2294	+
	2295	+	2. REDUCES APPLICATION , LICENSING, AND RENEWAL 17
	2296	+	FEES BY 50% FOR SOCIAL EQUITY AP PLICANTS OR LICENSEES THAT QUALI FY AS A 18
	2297	+	SOCIAL EQUITY APPLIC ANT; 19
	2298	+
	2299	+	3. BASES APPLICATION AND LICENSING FEES FOR 20
	2300	+	CULTIVATION ON TIER , WITH SUBSTANTIALLY L OWER FEES FOR TIER 1 21
	2301	+	CULTIVATORS THAN TIER 5 CULTIVATORS ; AND 22
	2302	+
	2303	+	4. SETS APPLICATION AND LICENSING FEES FOR CLASS 23
	2304	+	B PROCESSORS SUBSTANTI ALLY LOWER THAN APPL ICATION AND LICENSIN G FEES 24
	2305	+	FOR CLASS A PROCESSORS ; 25
	2306	+
	2307	+	(VI) QUALIFICATIONS FOR A LICENSE THAT ARE DIR ECTLY AND 26
	2308	+	DEMONSTRABLY RELATED TO THE OPERATION OF A CANNABIS ESTABLISH MENT 27
	2309	+	AND THAT DO NOT DISQ UALIFY APPLICA NTS FOR CANNABIS OFF ENSES OCCURRING 28
	2310	+	BEFORE OCTOBER 1, 2022; 29
	2311	+
	2312	+	(VII) SECURITY REQUIREMENTS ; 30
	2313	+
	2314	+	(VIII) REQUIREMENTS FOR THE SECURE TRANSPORTATIO N AND 31
	2315	+	STORAGE OF CANNABIS AND CANNABIS PRODUCT S BY CANNABIS ESTABL ISHMENTS; 32 SENATE BILL 833 51
	2316	+
	2317	+
	2318	+
	2319	+	(IX) REQUIREMENTS FOR DELI VERY SERVICES, INCLUDING: 1
	2320	+
	2321	+	1. SECURITY REQUIREMENTS ; 2
	2322	+
	2323	+	2. A PROHIBITION ON BUSIN ESS NAMES, LOGOS, AND 3
	2324	+	OTHER IDENTIFYING LA NGUAGE OR IMAGES ON DELIVERY VEHICLES ; AND 4
	2325	+
	2326	+	3. A PROHIBITION ON DELIV ERING TO ANY ADDRESS 5
	2327	+	LOCATED ON LAND OWNE D BY THE FEDERAL G OVERNMENT OR ANY ADD RESS ON 6
	2328	+	LAND OR IN A BUILDIN G LEASED BY THE FEDE RAL GOVERNMENT ; 7
	2329	+
	2330	+	(X) EMPLOYMENT AND TRAINI NG REQUIREMENTS THAT DO 8
	2331	+	NOT DISQUALIFY APPLI CANTS BASED ON CANNA BIS OFFENSES OCCURRI NG BEFORE 9
	2332	+	OCTOBER 1, 2022, INCLUDING A REQUIREM ENT THAT EA CH CANNABIS 10
	2333	+	ESTABLISHMENT CREATE AN IDENTIFICATION BA DGE FOR EACH AGENT ; 11
	2334	+
	2335	+	(XI) REQUIREMENTS DESIGNED TO PREVENT THE SALE OR 12
	2336	+	DIVERSION OF CANNABI S AND CANNABIS PRODU CTS TO INDIVIDUALS U NDER THE 13
	2337	+	AGE OF 21; 14
	2338	+
	2339	+	(XII) REQUIREMENTS FOR CANN ABIS AND CANNABIS PRODUCTS 15
	2340	+	SOLD OR DISTRIBUTED BY A CANNABIS ESTABL ISHMENT, INCLUDING: 16
	2341	+
	2342	+	1. A REQUIREMENT THAT LAB ELS BE ACCURATE AND 17
	2343	+	NOT MISLEADING ; 18
	2344	+
	2345	+	2. A REQUIREMENT THAT CAN NABIS PRODUCT LABELS 19
	2346	+	INCLUDE: 20
	2347	+
	2348	+	A. THE LENGTH OF TIME IT TYPICALLY TAKES FOR THE 21
	2349	+	PRODUCT TO TAKE EFFECT ; 22
	2350	+
	2351	+	B. A DISCLOSURE OF INGRED IENTS AND POSSIBLE 23
	2352	+	ALLERGENS; AND 24
	2353	+
	2354	+	C. A NUTRITIONAL FACT PAN EL; 25
	2355	+
	2356	+	3. A REQUIREMENT THAT CAN NABIS PRODUCTS HAVE 26
	2357	+	OPAQUE, CHILD–RESISTANT PACKAGING THAT IS DESIGNED OR CONSTRUCTED TO 27
	2358	+	BE SIGNIFICANTLY DIF FICULT FOR CHILDREN UN DER 5 YEARS OF AGE TO OPEN AND 28
	2359	+	NOT DIFFICULT FOR NO RMAL ADULTS TO USE P ROPERLY AS DEFINED B Y 16 C.F.R. 29
	2360	+	1700.20 (1995); AND 30 52 SENATE BILL 833
	2361	+
	2362	+
	2363	+
	2364	+	4. A REQUIREMENT THAT EDI BLE CANNABIS PRODUCT S 1
	2365	+	BE CLEARLY IDENTIFIA BLE, WHEN PRACTICABLE , WITH A STANDARD SY MBOL 2
	2366	+	INDICATING THAT IT C ONTAINS CANNABIS ; 3
	2367	+
	2368	+	(XIII) HEALTH AND SAFETY REG ULATIONS AND STANDAR DS FOR 4
	2369	+	THE MANUFACTURE OF C ANNABIS PRODUCTS AND BOTH THE INDOOR AND OUTDOOR 5
	2370	+	CULTIVATION OF CANNA BIS BY CANNABIS ESTA BLISHMENTS; 6
	2371	+
	2372	+	(XIV) REGULATIONS CONCERNIN G ADVERTISING AND SIGN AGE, 7
	2373	+	INCLUDING RULES FOR AUDIENCE COMPOSITION TO REDUCE THE LIKELI HOOD OF 8
	2374	+	ADVERTISING EXPOSURE FOR MINORS; 9
	2375	+
	2376	+	(XV) CREATION OF A LICENSU RE TIER SYSTEM FOR 10
	2377	+	CULTIVATORS THAT : 11
	2378	+
	2379	+	1. IS BASED ON TOTAL CAN OPY; 12
	2380	+
	2381	+	2. ALLOWS CULTIVATORS T O APPLY TO MOVE TO 13
	2382	+	ANOTHER TIER ; 14
	2383	+
	2384	+	3. BASES FEES ON TIER ; AND 15
	2385	+
	2386	+	4. INCLUDES, AT MINIMUM, THE FOLLOWING TIERS OF 16
	2387	+	CULTIVATION LICENSES : 17
	2388	+
	2389	+	A. TIER 1 CULTIVATOR OR MICROB USINESS THAT 18
	2390	+	AUTHORIZES THE CULTI VATOR TO GROW A TOTA L CANOPY OF NOT MORE THAN 5,000 19
	2391	+	SQUARE FEET FOR INDO OR CULTIVATION OR 15,000 SQUARE FEET FOR OUTD OOR 20
	2392	+	CULTIVATION; 21
	2393	+
	2394	+	B. TIER 2 CULTIVATOR THAT AUTH ORIZES THE 22
	2395	+	CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 10,000 SQUARE FEET 23
	2396	+	FOR INDOOR CULTIVATI ON OR 30,000 SQUARE FEET FOR OUT DOOR CULTIVATION ; 24
	2397	+
	2398	+	C. TIER 3 CULTIVATOR THAT AUTH ORIZES THE 25
	2399	+	CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 20,000 SQUARE FEET 26
	2400	+	FOR INDOOR CULTIVATI ON OR 60,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 27
	2401	+
	2402	+	D. TIER 4 CULTIVATOR THAT AUTH ORIZES A 28
	2403	+	CULTIVATOR TO GROW A TOTAL C ANOPY OF NOT MORE TH AN 35,000 SQUARE FEET 29
	2404	+	FOR INDOOR CULTIVATI ON OR 105,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 30
2434	2405		SENATE BILL 833 53
2435	2406
2436	2407
2437		-	1. SECURITY REQUIREMENTS ; 1
2438		-
2439		-	2. A PROHIBITION ON BUSIN ESS NAMES, LOGOS, AND 2
2440		-	OTHER IDENTIFYING LA NGUAGE OR IMAGES ON DELIVERY VEHICLES ; AND 3
2441		-
2442		-	3. A PROHIBITION ON DELIV ERING TO ANY ADDRESS 4
2443		-	LOCATED ON LAND OWNE D BY THE FEDERAL GOVERNMENT OR ANY ADDRESS ON 5
2444		-	LAND OR IN A BUILDIN G LEASED BY THE FEDE RAL GOVERNMENT ; 6
2445		-
2446		-	(X) EMPLOYMENT AND TRAINI NG REQUIREMENTS THAT DO 7
2447		-	NOT DISQUALIFY APPLI CANTS BASED ON CANNA BIS OFFENSES OCCURRI NG BEFORE 8
2448		-	OCTOBER 1, 2022, INCLUDING A REQUIREM ENT THAT EACH CANNABIS 9
2449		-	ESTABLISHMENT CREATE AN IDENTIFICATION BA DGE FOR EACH AGENT ; 10
2450		-
2451		-	(XI) REQUIREMENTS DESIGNED TO PREVENT THE SALE OR 11
2452		-	DIVERSION OF CANNABI S AND CANNABIS PRODU CTS TO INDIVIDUALS U NDER THE 12
2453		-	AGE OF 21; 13
2454		-
2455		-	(XII) REQUIREMENTS FOR CANN ABIS AND CANNABIS PRODUCTS 14
2456		-	SOLD OR DISTRIBUTED BY A CANNABIS ESTABL ISHMENT, INCLUDING: 15
2457		-
2458		-	1. A REQUIREMENT THAT LAB ELS BE ACCURATE AND 16
2459		-	NOT MISLEADING ; 17
2460		-
2461		-	2. A REQUIREMENT THAT CAN NABIS PRODUCT LABELS 18
2462		-	INCLUDE: 19
2463		-
2464		-	A. THE LENGTH OF TIME IT TYPICALLY TAKES FOR THE 20
2465		-	PRODUCT TO TAKE EFFE CT; 21
2466		-
2467		-	B. A DISCLOSURE OF INGRED IENTS AND POSSIBLE 22
2468		-	ALLERGENS; AND 23
2469		-
2470		-	C. A NUTRITIONAL FACT PAN EL; 24
2471		-
2472		-	3. A REQUIREMENT THAT CAN NABIS PRODUCTS HAVE 25
2473		-	OPAQUE, CHILD–RESISTANT PACKAGING THAT IS DESIGNED OR CONSTRUCTED TO 26
2474		-	BE SIGNIFICANTLY DIFFIC ULT FOR CHILDREN UND ER 5 YEARS OF AGE TO OPEN AND 27
2475		-	NOT DIFFICULT FOR NO RMAL ADULTS TO USE P ROPERLY AS DEFINED B Y 16 C.F.R. 28
2476		-	1700.20 (1995); AND 29
2477		-
2478		-	4. A REQUIREMENT THAT EDI BLE CANNABIS PRODUCT S 30
2479		-	BE CLEARLY IDENTIFIA BLE, WHEN PRACTICABLE , WITH A STANDARD SYMB OL 31
2480		-	INDICATING THAT IT C ONTAINS CANNABIS ; 32 54 SENATE BILL 833
2481		-
2482		-
2483		-
2484		-	(XIII) HEALTH AND SAFETY REG ULATIONS AND STANDAR DS FOR 1
2485		-	THE MANUFACTURE OF C ANNABIS PRODUCTS AND BOTH THE INDOOR AND OUTDOOR 2
2486		-	CULTIVATION OF CANNA BIS BY CANNABIS ESTA BLISHMENTS; 3
2487		-
2488		-	(XIV) REGULATIONS CONCERNIN G ADVERTISING AND SI GNAGE, 4
2489		-	INCLUDING RULES FOR AUDIENCE COMPOSITION TO REDUCE THE LIKELI HOOD OF 5
2490		-	ADVERTISING EXPOSURE FOR MINORS; 6
2491		-
2492		-	(XV) CREATION OF A LICENSU RE TIER SYSTEM FOR 7
2493		-	CULTIVATORS THAT : 8
2494		-
2495		-	1. IS BASED ON TOTAL CAN OPY; 9
2496		-
2497		-	2. ALLOWS CULTIVATORS TO APPLY TO MOVE TO 10
2498		-	ANOTHER TIER ; 11
2499		-
2500		-	3. BASES FEES ON TIER ; AND 12
2501		-
2502		-	4. INCLUDES, AT MINIMUM, THE FOLLOWING TIERS OF 13
2503		-	CULTIVATION LICENSES : 14
2504		-
2505		-	A. TIER 1 CULTIVATOR OR MICROB USINESS THAT 15
2506		-	AUTHORIZES THE CULTI VATOR TO GROW A TOTA L CANOPY OF NOT MORE THAN 5,000 16
2507		-	SQUARE FEET FOR INDO OR CULTIVATION OR 15,000 SQUARE FEET FOR OUTD OOR 17
2508		-	CULTIVATION; 18
2509		-
2510		-	B. TIER 2 CULTIVATOR THAT AUTH ORIZES THE 19
2511		-	CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 10,000 SQUARE FEET 20
2512		-	FOR INDOOR CULTIVATI ON OR 30,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 21
2513		-
2514		-	C. TIER 3 CULTIVATOR THAT AUTH ORIZES THE 22
2515		-	CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 20,000 SQUARE FEET 23
2516		-	FOR INDOOR CULTIVATI ON OR 60,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 24
2517		-
2518		-	D. TIER 4 CULTIVATOR THAT AUTHORIZES A 25
2519		-	CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 35,000 SQUARE FEET 26
2520		-	FOR INDOOR CULTIVATI ON OR 105,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 27
2521		-
2522		-	E. TIER 5 CULTIVATOR THAT AUTH ORIZES A 28
2523		-	CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 50,000 SQUARE FEET 29
2524		-	FOR INDOOR CULTIVATI ON OR 150,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 30
	2408	+	E. TIER 5 CULTIVATOR THAT AUTH ORIZES A 1
	2409	+	CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 50,000 SQUARE FEET 2
	2410	+	FOR INDOOR CULTIVATION OR 150,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 3
	2411	+
	2412	+	F. ADDITIONAL TIERS NECE SSARY TO ACCOMMODATE 4
	2413	+	THE TOTAL GROWTH CAN OPY OF ANY DUAL LICE NSEE AS OF THE DATE OF 5
	2414	+	LICENSURE; AND 6
	2415	+
	2416	+	G. ADDITIONAL TIERS NECE SSARY TO ACCOMMODATE 7
	2417	+	THE EXPANSION OF CULTIVATORS IN TIER 5 OR ABOVE THAT CAN DE MONSTRATE 8
	2418	+	THAT THEY HAVE BEEN OPERATING AT OR NEAR THE CANOPY LIMIT OF THEIR TIER 9
	2419	+	AND THAT THERE IS DE MAND FOR INCREASED C ULTIVATION; 10
	2420	+
	2421	+	(XVI) RESTRICTIONS OR PROHI BITIONS ON ADDITIVES TO 11
	2422	+	CANNABIS AND CANNABI S–INFUSED PRODUCTS , INCLUDING ADDITIVES THAT ARE 12
	2423	+	TOXIC OR DESIGNED TO MAKE THE PRODUCT MOR E ADDICTIVE; 13
	2424	+
	2425	+	(XVII) PROHIBITIONS ON PRODU CTS THAT ARE DESIGNE D TO 14
	2426	+	MAKE THE PRODUCT MOR E APPEALING TO CHILD REN, INCLUDING A PROHIBIT ION 15
	2427	+	ON THE USE OF ANY IM AGES DESIGN ED OR LIKELY TO APPE AL TO MINORS , 16
	2428	+	INCLUDING CARTOONS , TOYS, ANIMALS, OR CHILDREN , AND ANY OTHER LIKENE SS 17
	2429	+	TO IMAGES, CHARACTERS , OR PHRASES THAT ARE POPULARLY USED TO AD VERTISE 18
	2430	+	TO CHILDREN; 19
	2431	+
	2432	+	(XVIII) TESTING REQUIREMENTS AND STANDARDS FOR TH E 20
	2433	+	OPERATIONS O F TESTING LABS , THAT ARE IDENTICAL T O THOSE ISSUED UNDER 21
	2434	+	TITLE 13, SUBTITLE 33 OF THIS ARTICLE, EXCEPT THAT THE REQU IREMENTS AND 22
	2435	+	STANDARDS MAY BE LES S RIGOROUS IF THE COMMISSION FINDS LESS RIGOROUS 23
	2436	+	STANDARDS ARE WARRAN TED DUE TO THE DIFFE RENCES BETWEEN ADU LT–USE 24
	2437	+	CONSUMERS AND MEDICA L PATIENTS; 25
	2438	+
	2439	+	(XIX) SPECIFICATIONS GOVERN ING VISITS TO CULTIV ATORS AND 26
	2440	+	PROCESSORS , INCLUDING A REQUIREM ENT THAT THE CANNABI S ESTABLISHMENT 27
	2441	+	LOG VISITORS; 28
	2442	+
	2443	+	(XX) A DEFINITION OF THE AM OUNT OF 29
	2444	+	DELTA–9–TETRAHYDROCANNABINOL THAT CONSTITUTES A SINGLE SERVING IN A 30
	2445	+	CANNABIS PRODUCT ; 31
	2446	+
	2447	+	(XXI) STANDARDS FOR THE SAF E MANUFACTURE OF CAN NABIS 32
	2448	+	EXTRACTS AND CONCENT RATES; 33
	2449	+
	2450	+	(XXII) REQUIREMENTS THAT EDU CATIONAL MATERIALS B E 34 54 SENATE BILL 833
	2451	+
	2452	+
	2453	+	DISSEMINATED TO CONS UMERS WHO PURCHASE C ANNABIS–INFUSED PRODUCTS ; 1
	2454	+
	2455	+	(XXIII) REQUIREMENTS FOR RAND OM SAMPLE TESTING TO 2
	2456	+	ENSURE QUALITY CONTR OL, INCLUDING: 3
	2457	+
	2458	+	1. BY ENSURING THAT CANN ABIS AND 4
	2459	+	CANNABIS–INFUSED PRODUCTS ARE ACCURATELY LABELED F OR POTENCY; AND 5
	2460	+
	2461	+	2. UNLESS THE COMMISSION DETERMINES THAT 6
	2462	+	REMEDIATION OR T REATMENT IS SUFFICIE NT TO ENSURE PRODUCT SAFETY, A 7
	2463	+	REQUIREMENT THAT TES TING INCLUDE TESTING FOR: 8
	2464	+
	2465	+	A. RESIDUAL SOLVENTS , POISONS, OR TOXINS; 9
	2466	+
	2467	+	B. HARMFUL CHEMICALS ; 10
	2468	+
	2469	+	C. DANGEROUS MOLDS OR MI LDEW; 11
	2470	+
	2471	+	D. FILTH; AND 12
	2472	+
	2473	+	E. HARMFUL MICROBIALS SU CH AS E. COLI OR 13
	2474	+	SALMONELLA AND PESTI CIDES; 14
	2475	+
	2476	+	(XXIV) CIVIL PENALTIES OF UP TO $20,000 FOR FAILURE TO 15
	2477	+	COMPLY WITH REGULATI ONS ADOPTED IN ACCOR DANCE WITH THIS TITL E; 16
	2478	+
	2479	+	(XXV) PROCEDURES FOR COLLEC TING TAXES LEVIED ON 17
	2480	+	CANNABIS ESTABLISHME NTS; 18
	2481	+
	2482	+	(XXVI) REQUIREMENTS FOR ON –SITE CONSUMPTION 19
	2483	+	ESTABLISHMENTS , INCLUDING FOR SECURI TY, VENTILATION, ODOR CONTROL , AND 20
	2484	+	CONSUMPTION BY PATRO NS, THAT MAY NOT PROHIBI T AN ON–SITE CONSUMPTION 21
	2485	+	LICENSEE ALSO HOLDIN G AN APPROPRIATE LICENSE TO SELL BEER AND WINE FOR 22
	2486	+	ON–PREMISES CONSUMPTION FROM SEL LING BEER AND WINE I F APPROVED BY THE 23
	2487	+	LOCALITY IN WHICH TH E ON–SITE CONSUMPTION EST ABLISHMENT PLANS TO 24
	2488	+	OPERATE; 25
	2489	+
	2490	+	(XXVII) PROCEDURES FOR INVENT ORY MANAGEMENT AND 26
	2491	+	TRACKING THAT MAY NO T REQUIRE THE DIFFER ENTIATION BETWEEN AD ULT–USE 27
	2492	+	OR MEDICAL CANNABIS OR CANNABIS PRODUCTS BE FORE THE POINT OF SA LE, 28
	2493	+	EXCEPT FOR HIGH –POTENCY CANNABIS PRO DUCTS ALLOWED FOR PA TIENTS THAT 29
	2494	+	EXCEED POTENCY LIMIT S SET FOR ADULT–USE CANNABIS PRODUCT S; AND 30
2525	2495		SENATE BILL 833 55
2526	2496
2527	2497
2528		-	F. ADDITIONAL TIERS NECE SSARY TO ACCOMMODATE 1
2529		-	THE TOTAL GROWTH CAN OPY OF ANY DUAL LICE NSEE AS OF THE DATE OF 2
2530		-	LICENSURE; AND 3
2531		-
2532		-	G. ADDITIONAL TIERS NECE SSARY TO ACCOMMO DATE 4
2533		-	THE EXPANSION OF CUL TIVATORS IN TIER 5 OR ABOVE THAT CAN DE MONSTRATE 5
2534		-	THAT THEY HAVE BEEN OPERATING AT OR NEAR THE CANOPY LIMIT OF THEIR TIER 6
2535		-	AND THAT THERE IS DE MAND FOR INCREASED C ULTIVATION; 7
2536		-
2537		-	(XVI) RESTRICTIONS OR PROHI BITIONS ON ADDITIVES TO 8
2538		-	CANNABIS AND CANNABIS –INFUSED PRODUCTS , INCLUDING ADDITIVES THAT ARE 9
2539		-	TOXIC OR DESIGNED TO MAKE THE PRODUCT MOR E ADDICTIVE; 10
2540		-
2541		-	(XVII) PROHIBITIONS ON PRODU CTS THAT ARE DESIGNE D TO 11
2542		-	MAKE THE PRODUCT MOR E APPEALING TO CHILD REN, INCLUDING A PROHIBIT ION 12
2543		-	ON THE USE OF ANY IMAGES DESIGN ED OR LIKELY TO APPE AL TO MINORS , 13
2544		-	INCLUDING CARTOONS , TOYS, ANIMALS, OR CHILDREN , AND ANY OTHER LIKENE SS 14
2545		-	TO IMAGES, CHARACTERS , OR PHRASES THAT ARE POPULARLY USED TO AD VERTISE 15
2546		-	TO CHILDREN; 16
2547		-
2548		-	(XVIII) TESTING REQUIREMENTS AND STANDARDS FOR THE 17
2549		-	OPERATIONS OF TESTIN G LABS, THAT ARE IDENTICAL T O THOSE ISSUED UNDER 18
2550		-	TITLE 13, SUBTITLE 33 OF THIS ARTICLE, EXCEPT THAT THE REQU IREMENTS AND 19
2551		-	STANDARDS MAY BE LES S RIGOROUS IF THE COMMISSION FINDS LESS RIGOROUS 20
2552		-	STANDARDS ARE WARRAN TED DUE TO THE DI FFERENCES BETWEEN AD ULT–USE 21
2553		-	CONSUMERS AND MEDICA L PATIENTS; 22
2554		-
2555		-	(XIX) SPECIFICATIONS GOVERN ING VISITS TO CULTIV ATORS AND 23
2556		-	PROCESSORS , INCLUDING A REQUIREM ENT THAT THE CANNABI S ESTABLISHMENT 24
2557		-	LOG VISITORS; 25
2558		-
2559		-	(XX) A DEFINITION OF THE AM OUNT OF 26
2560		-	DELTA–9–TETRAHYDROCANNABINOL THAT CONSTITUTES A SINGLE SERVING IN A 27
2561		-	CANNABIS PRODUCT ; 28
2562		-
2563		-	(XXI) STANDARDS FOR THE SAF E MANUFACTURE OF CAN NABIS 29
2564		-	EXTRACTS AND CONCENT RATES; 30
2565		-
2566		-	(XXII) REQUIREMENTS THAT EDU CATIONAL MATERIALS B E 31
2567		-	DISSEMINATED TO CONS UMERS WHO PURCHASE CANNABIS–INFUSED PRODUCTS ; 32
2568		-
2569		-	(XXIII) REQUIREMENTS FOR RAND OM SAMPLE TESTING TO 33
2570		-	ENSURE QUALITY CONTR OL, INCLUDING: 34
	2498	+	(XXVIII) PROCEDURES ALLOWING C ANNABIS 1
	2499	+	ESTABLISHMENTS TO O BTAIN AND SELL HEMP AND HEMP PRODUCTS AN D 2
	2500	+	MANUFACTURE PRODUCTS USING HEMP–DERIVED ISOLATE . 3
	2501	+
	2502	+	(C) (1) AFTER CONSULTING WITH RESEARCHERS KNOWLEDG EABLE 4
	2503	+	ABOUT THE RISKS AND BENEFITS OF CANNABIS AND PROVIDING AN OPP ORTUNITY 5
	2504	+	FOR PUBLIC COMMENT , THE COMMISSION SHALL DEVELOP A SCIE NTIFICALLY 6
	2505	+	ACCURATE SAFETY INFO RMATION LABEL , HANDOUT, OR BOTH. 7
	2506	+
	2507	+	(2) THE SAFETY INFORMATIO N MATERIALS DEVELOPE D UNDER 8
	2508	+	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE TO EACH CONSUMER . 9
	2509	+
	2510	+	(3) THE SAFETY INFORMATIO N MATERIALS DEVEL OPED UNDER 10
	2511	+	PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 11
	2512	+
	2513	+	(I) ADVICE ABOUT THE POTE NTIAL RISKS OF CANNA BIS, 12
	2514	+	INCLUDING: 13
	2515	+
	2516	+	1. THE RISKS OF DRIVING UNDER THE INFLUENCE OF 14
	2517	+	CANNABIS AND THE FAC T THAT DOING SO IS ILLEGAL; 15
	2518	+
	2519	+	2. ANY ADVERSE EFFECTS U NIQUE TO YOUNGER 16
	2520	+	ADULTS, INCLUDING EFFECTS RE LATED TO THE DEVELOP ING MIND; 17
	2521	+
	2522	+	3. POTENTIAL ADVERSE EVE NTS AND OTHER RISKS ; AND 18
	2523	+
	2524	+	4. RISKS OF USING CANNAB IS DURING PREGNANCY OR 19
	2525	+	BREASTFEEDING ; AND 20
	2526	+
	2527	+	(II) A WARNING ABOUT THE NE ED TO SAFEGUARD ALL 21
	2528	+	CANNABIS AND CANNABIS PRODUCT S FROM CHILDREN AND PETS. 22
	2529	+
	2530	+	(D) (1) THE COMMISSION SHALL REVI EW AND UPDATE THE SA FETY 23
	2531	+	INFORMATION MATERIAL S DEVELOPED UNDER SU BSECTION (C)(1) OF THIS 24
	2532	+	SECTION AT LEAST ONC E EVERY 2 YEARS TO ENSURE THE MATERIALS REMAIN 25
	2533	+	ACCURATE. 26
	2534	+
	2535	+	(2) THE REVIEW PERIOD SHA LL INCLUDE THE SOLIC ITATION OF 27
	2536	+	INPUT FROM RESEARCHE RS KNOWLEDGEABLE ABO UT THE RISKS AND BEN EFITS OF 28
	2537	+	CANNABIS AND AN OPPO RTUNITY FOR PUBLIC C OMMENT. 29
	2538	+
	2539	+	(E) IN ORDER TO ENSURE TH AT INDIVIDUAL PRIVAC Y IS PROTECTED: 30
2571	2540		56 SENATE BILL 833
2572	2541
2573	2542
2574		-	1. BY ENSURING THAT CANN ABIS AND 1
2575		-	CANNABIS–INFUSED PRODUCTS ARE ACCURATELY LABELED F OR POTENCY; AND 2
2576		-
2577		-	2. UNLESS THE COMMISSION DETERMINES THAT 3
2578		-	REMEDIATION OR TREAT MENT IS SUFFICIENT T O ENSURE PRODUCT SAF ETY, A 4
2579		-	REQUIREMENT THAT TES TING INCLUDE TESTING FOR: 5
2580		-
2581		-	A. RESIDUAL SOLVENTS , POISONS, OR TOXINS; 6
2582		-
2583		-	B. HARMFUL CHEMICALS ; 7
2584		-
2585		-	C. DANGEROUS MOLDS OR MI LDEW; 8
2586		-
2587		-	D. FILTH; AND 9
2588		-
2589		-	E. HARMFUL MICROBIALS SU CH AS E. COLI OR 10
2590		-	SALMONELLA AND PESTI CIDES; 11
2591		-
2592		-	(XXIV) CIVIL PENALTIES OF UP TO $20,000 FOR FAILURE TO 12
2593		-	COMPLY WITH REGULATI ONS ADOPTED IN ACCOR DANCE WITH THIS TITL E; 13
2594		-
2595		-	(XXV) PROCEDURES FOR COLLEC TING TAXES LEVIED ON 14
2596		-	CANNABIS ESTABLISHME NTS; 15
2597		-
2598		-	(XXVI) REQUIREMENTS FOR ON –SITE CONSUMPTION 16
2599		-	ESTABLISHMENTS , INCLUDING FOR SECURI TY, VENTILATION, ODOR CONTROL , AND 17
2600		-	CONSUMPTION BY PATRO NS, THAT MAY NOT PROHIBI T AN ON–SITE CONSUMPTION 18
2601		-	LICENSEE ALSO HOLDIN G AN APPROPRIATE LIC ENSE TO SELL BEER AN D WINE FOR 19
2602		-	ON–PREMISES CONSUMPTION FROM SELLING BEER AN D WINE IF APPROVED B Y THE 20
2603		-	LOCALITY IN WHICH TH E ON–SITE CONSUMPTION EST ABLISHMENT PLANS TO 21
2604		-	OPERATE; 22
2605		-
2606		-	(XXVII) PROCEDURES FOR INVENT ORY MANA GEMENT AND 23
2607		-	TRACKING THAT MAY NO T REQUIRE THE DIFFER ENTIATION BETWEEN AD ULT–USE 24
2608		-	OR MEDICAL CANNABIS OR CANNABIS PRODUCTS BEFORE THE POINT OF SALE, 25
2609		-	EXCEPT FOR HIGH –POTENCY CANNABIS PRO DUCTS ALLOWED FOR PA TIENTS THAT 26
2610		-	EXCEED POTENCY LIMIT S SET FOR ADULT–USE CANNABIS PRODUCTS ; AND 27
2611		-
2612		-	(XXVIII) PROCEDURES ALLOWING C ANNABIS 28
2613		-	ESTABLISHMENTS TO OB TAIN AND SELL HEMP A ND HEMP PRODUCTS AND 29
2614		-	MANUFACTURE PRODUCTS USING HEMP–DERIVED ISOLATE . 30
2615		-
2616		-	(C) (1) AFTER CONSULTING WITH RESEARCHERS KNOWLEDG EABLE 31
2617		-	ABOUT THE RISKS AND BENEFITS OF CANNABIS AND PROVIDING AN OPPORTU NITY 32 SENATE BILL 833 57
2618		-
2619		-
2620		-	FOR PUBLIC COMMENT , THE COMMISSION SHALL DEVE LOP A SCIENTIFICALLY 1
2621		-	ACCURATE SAFETY INFO RMATION LABEL , HANDOUT, OR BOTH. 2
2622		-
2623		-	(2) THE SAFETY INFORMATIO N MATERIALS DEVELOPE D UNDER 3
2624		-	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE TO EACH CONSUMER . 4
2625		-
2626		-	(3) THE SAFETY INFORMATIO N MATERIALS DEVELOPE D UNDER 5
2627		-	PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 6
2628		-
2629		-	(I) ADVICE ABOUT THE POTE NTIAL RISKS OF CANNA BIS, 7
2630		-	INCLUDING: 8
2631		-
2632		-	1. THE RISKS OF DRIVING UNDER THE INFLUENCE OF 9
2633		-	CANNABIS AND THE FAC T THAT DOING SO IS ILLEGAL; 10
2634		-
2635		-	2. ANY ADVERSE EFFECTS U NIQUE TO YOUNGER 11
2636		-	ADULTS, INCLUDING EFFECTS RE LATED TO THE DEVELOP ING MIND; 12
2637		-
2638		-	3. POTENTIAL ADVERSE EVE NTS AND OTHER RISKS ; AND 13
2639		-
2640		-	4. RISKS OF USING CANNAB IS DURING PREGNANCY OR 14
2641		-	BREASTFEEDING ; AND 15
2642		-
2643		-	(II) A WARNING ABOUT THE NE ED TO SAFEGUARD ALL 16
2644		-	CANNABIS AND CANNABI S PRODUCTS FROM CHIL DREN AND PETS . 17
2645		-
2646		-	(D) (1) THE COMMISSION SHALL REVI EW AND UPDATE THE SA FETY 18
2647		-	INFORMATION MATERIAL S DEVELOPED UNDER SU BSECTION (C)(1) OF THIS 19
2648		-	SECTION AT LEAST ONCE EV ERY 2 YEARS TO ENSURE THE MATERIALS REMAIN 20
2649		-	ACCURATE. 21
2650		-
2651		-	(2) THE REVIEW PERIOD SHA LL INCLUDE THE SOLIC ITATION OF 22
2652		-	INPUT FROM RESEARCHE RS KNOWLEDGEABLE ABO UT THE RISKS AND BEN EFITS OF 23
2653		-	CANNABIS AND AN OPPO RTUNITY FOR PUBLIC C OMMENT. 24
2654		-
2655		-	(E) IN ORDER TO ENSURE TH AT INDIVIDUAL PRIVAC Y IS PROTECTED: 25
2656		-
2657		-	(1) THE COMMISSION MAY NOT RE QUIRE A CONSUMER TO PROVIDE A 26
2658		-	RETAILER WITH PERSON AL INFORMATION OTHER THAN GOVERNMENT –ISSUED 27
2659		-	IDENTIFICATION TO DE TERMINE THE CONSUMER ’S AGE; AND 28
2660		-
2661		-	(2) A RETAILER M AY NOT BE REQUIRED T O ACQUIRE AND RECORD 29
2662		-	PERSONAL INFORMATION ABOUT CONSUMERS . 30
	2543	+	(1) THE COMMISSION M AY NOT REQUIRE A CON SUMER TO PROVIDE A 1
	2544	+	RETAILER WITH PERSON AL INFORMATION OTHER THAN GOVERNMENT –ISSUED 2
	2545	+	IDENTIFICATION TO DE TERMINE THE CONSUMER ’S AGE; AND 3
	2546	+
	2547	+	(2) A RETAILER MAY NOT BE REQUIRED TO ACQUIRE AND RECORD 4
	2548	+	PERSONAL INFORMATION ABOUT CONSUMERS . 5
	2549	+
	2550	+	(F) (1) THE COMMISSION SHALL DEVE LOP POLICIES AND PRO CEDURES 6
	2551	+	GOVERNING THE COMMISSION’S APPROVAL OF TRANSF ER OF LICENSES. 7
	2552	+
	2553	+	(2) THE POLICIES AND PROC EDURES MAY NOT PROHI BIT THE 8
	2554	+	TRANSFER OF A LICENS E FROM A SOCIAL EQUI TY APPLICANT TO A NO NSOCIAL 9
	2555	+	EQUITY APPLICANT. 10
	2556	+
	2557	+	(3) THE POLICIES AND PROC EDURES MAY REQUIRE T HAT, BEFORE 11
	2558	+	THE TRANSFER IS APPR OVED: 12
	2559	+
	2560	+	(I) ADDITIONAL CONDITIONS BE MET; 13
	2561	+
	2562	+	(II) A REASONABLE PERIOD OF TIME ELAPSE BEFORE T HE 14
	2563	+	TRANSFER; OR 15
	2564	+
	2565	+	(III) A REASONABLE REIMBURSE MENT TO THE SOCIAL EQUITY 16
	2566	+	START–UP FUND BE MADE. 17
	2567	+
	2568	+	SUBTITLE 4. CANNABIS LICENSING. 18
	2569	+
	2570	+	23–401. 19
	2571	+
	2572	+	(A) EACH APPLICATION OR R ENEWAL APPLICATION F OR A LICENSE TO 20
	2573	+	OPERATE A CANNABIS E STABLISHMENT SHALL B E SUBMITTED TO THE COMMISSION. 21
	2574	+
	2575	+	(B) CANNABIS ESTABLISHMEN TS, AND THE BOOKS AND RECORDS 22
	2576	+	MAINTAINED AND CREAT ED BY CANNABIS ESTAB LISHMENTS, ARE SUBJECT TO 23
	2577	+	INSPECTION BY THE COMMISSION. 24
	2578	+
	2579	+	(C) ON DENIAL OF AN APPLI CATION, THE COMMISSION SHALL NOTI FY THE 25
	2580	+	APPLICANT IN WRITING OF THE SPECIFIC REAS ON FOR ITS DENIAL . 26
	2581	+
	2582	+	(D) THE COMMISSION MAY IMPOSE PENALTIES OR RESCIND THE LICENSE 27
	2583	+	OF A CANNABIS ESTABL ISHMENT THAT DOES NO T MEET THE STANDARDS FOR 28
	2584	+	LICENSURE SET BY THE COMMISSION. 29
	2585	+	SENATE BILL 833 57
	2586	+
	2587	+
	2588	+	(E) EXCEPT AS PROVIDED IN § 23–403(E) OF THIS SUBTITLE , A CANNABIS 1
	2589	+	ESTABLISHMENT LICENS E IS VALID FOR: 2
	2590	+
	2591	+	(1) 1 YEAR ON INITIAL LICE NSURE; AND 3
	2592	+
	2593	+	(2) 2 YEARS ON RENEWAL . 4
	2594	+
	2595	+	23–402. 5
	2596	+
	2597	+	(A) A PERSON MAY NOT HOLD A LEGAL, EQUITABLE, OR BENEFICIAL 6
	2598	+	INTEREST OF 5% OR MORE, DIRECTLY OR INDIRECT LY, IN MORE THAN: 7
	2599	+
	2600	+	(1) ONE CULTIVATOR ; OR 8
	2601	+
	2602	+	(2) FIVE RETAILERS. 9
	2603	+
	2604	+	(B) A CULTIVATOR MAY NOT PRODUC E CANNABIS CONCENTRA TES, 10
	2605	+	TINCTURES, EXTRACTS, OR OTHER CANNABIS PR ODUCTS UNLESS THE CU LTIVATOR 11
	2606	+	IS ALSO LICENSED AS A PROCESSOR. 12
	2607	+
	2608	+	(C) A CULTIVATOR MAY NOT C ULTIVATE MEDICAL CAN NABIS UNLESS THE 13
	2609	+	CULTIVATOR IS A DUAL LICENSEE. 14
	2610	+
	2611	+	(D) A PROCESSOR MAY NOT PROCES S OR PRODUCE MEDICAL CANNABIS OR 15
	2612	+	MEDICAL CANNABIS PRO DUCTS UNLESS THE PRO CESSOR IS A DUAL LIC ENSEE. 16
	2613	+
	2614	+	(E) A RETAILER MAY NOT SEL L MEDICAL CANNABIS O R MEDICAL CANNABIS 17
	2615	+	PRODUCTS TO PATIENTS UNLESS THE RETAILER IS A DUAL LICENSEE . 18
	2616	+
	2617	+	23–403. 19
	2618	+
	2619	+	(A) THE COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING 20
	2620	+	APPLICATIONS FOR DUA L LICENSES FROM MEDI CAL CANNABIS DISPENS ARIES, 21
	2621	+	MEDICAL CANNABIS PRO CESSORS, MEDICAL CANNABIS IND EPENDENT TESTING 22
	2622	+	LABORATORIES , AND MEDICAL CANNABIS GROWERS NOT LATER TH AN APRIL 1, 23
	2623	+	2023. 24
	2624	+
	2625	+	(B) WITHIN 45 DAYS AFTER RECEIVING AN APPLICATION AND A LL FEES FOR 25
	2626	+	A DUAL LICENSE FROM A MEDICAL CANNABIS D ISPENSARY, MEDICAL CANNABIS 26
	2627	+	PROCESSOR, MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, OR 27
	2628	+	MEDICAL CANNABIS GRO WER, THE COMMISSION SHALL ISSUE A DUAL LICENSE TO 28
	2629	+	THE APPLICANT , UNLESS THE COMMISSION: 29
2663	2630		58 SENATE BILL 833
2664	2631
2665	2632
2666		-	(F) (1) THE COMMISSION SHALL DEVE LOP POLICIES AND PRO CEDURES 1
2667		-	GOVERNING THE COMMISSION’S APPROVAL OF TRANSF ER OF LICENSES. 2
2668		-
2669		-	(2) THE POLICIES AND PROC EDURES MAY NOT PROHI BIT THE 3
2670		-	TRANSFER OF A LICENS E FROM A SOCIAL EQUI TY APPLICANT TO A NO NSOCIAL 4
2671		-	EQUITY APPLICANT . 5
2672		-
2673		-	(3) THE POLICIES AND PROC EDURES MAY REQUIRE T HAT, BEFORE 6
2674		-	THE TRANSFER IS APPR OVED: 7
2675		-
2676		-	(I) ADDITIONAL CONDITIONS BE MET; 8
2677		-
2678		-	(II) A REASONABLE PERIOD OF TIME ELAPSE BEFORE THE 9
2679		-	TRANSFER; OR 10
2680		-
2681		-	(III) A REASONABLE REIMBURSE MENT TO THE SOCIAL EQUITY 11
2682		-	START–UP FUND BE MADE. 12
2683		-
2684		-	SUBTITLE 4. CANNABIS LICENSING. 13
2685		-
2686		-	23–401. 14
2687		-
2688		-	(A) EACH APPLICATION OR R ENEWAL APPLICATION F OR A LICENSE TO 15
2689		-	OPERATE A CANNABIS E STABLISHMENT SHALL BE SUBMITTED TO THE COMMISSION. 16
2690		-
2691		-	(B) CANNABIS ESTABLISHMEN TS, AND THE BOOKS AND RE CORDS 17
2692		-	MAINTAINED AND CREAT ED BY CANNABIS ESTAB LISHMENTS, ARE SUBJECT TO 18
2693		-	INSPECTION BY THE COMMISSION. 19
2694		-
2695		-	(C) ON DENIAL OF AN APPLI CATION, THE COMMISSION SHALL NOTI FY THE 20
2696		-	APPLICANT IN WRITING OF THE SPECIFIC REASON FOR ITS DENIAL. 21
2697		-
2698		-	(D) THE COMMISSION MAY IMPOSE PENALTIES OR RESCIND THE LICENSE 22
2699		-	OF A CANNABIS ESTABL ISHMENT THAT DOES NO T MEET THE STANDARDS FOR 23
2700		-	LICENSURE SET BY THE COMMISSION. 24
2701		-
2702		-	(E) EXCEPT AS PROVIDED IN § 23–403(E) OF THIS SUBTITLE , A CANNABIS 25
2703		-	ESTABLISHMENT LICENS E IS VALID FOR: 26
2704		-
2705		-	(1) 1 YEAR ON INITIAL LICE NSURE; AND 27
2706		-
2707		-	(2) 2 YEARS ON RENEWAL . 28
2708		-
2709		-	23–402. 29
2710		-	SENATE BILL 833 59
2711		-
2712		-
2713		-	(A) A PERSON MAY NOT HOLD A LEGAL, EQUITABLE, OR BENEFICIAL 1
2714		-	INTEREST OF 5% OR MORE, DIRECTLY OR INDIRECTLY, IN MORE THAN: 2
2715		-
2716		-	(1) ONE CULTIVATOR ; OR 3
2717		-
2718		-	(2) FIVE RETAILERS. 4
2719		-
2720		-	(B) A CULTIVATOR MAY NOT P RODUCE CANNABIS CONC ENTRATES, 5
2721		-	TINCTURES, EXTRACTS, OR OTHER CANNABIS PR ODUCTS UNLESS THE CU LTIVATOR 6
2722		-	IS ALSO LICENSED AS A PROCESSOR. 7
2723		-
2724		-	(C) A CULTIVATOR M AY NOT CULTIVATE MED ICAL CANNABIS UNLESS THE 8
2725		-	CULTIVATOR IS A DUAL LICENSEE. 9
2726		-
2727		-	(D) A PROCESSOR MAY NOT PR OCESS OR PRODUCE MED ICAL CANNABIS OR 10
2728		-	MEDICAL CANNABIS PRO DUCTS UNLESS THE PRO CESSOR IS A DUAL LIC ENSEE. 11
2729		-
2730		-	(E) A RETAILER MAY NOT SEL L MEDICAL CANNABIS OR MEDICAL CANNABIS 12
2731		-	PRODUCTS TO PATIENTS UNLESS THE RETAILER IS A DUAL LICENSEE . 13
2732		-
2733		-	23–403. 14
2734		-
2735		-	(A) THE COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING 15
2736		-	APPLICATIONS FOR DUA L LICENSES FROM MEDI CAL CANNABIS DISPENS ARIES, 16
2737		-	MEDICAL CANNABIS PRO CESSORS, MEDICAL CANN ABIS INDEPENDENT TES TING 17
2738		-	LABORATORIES , AND MEDICAL CANNABIS GROWERS NOT LATER TH AN APRIL 1, 18
2739		-	2023. 19
2740		-
2741		-	(B) WITHIN 45 DAYS AFTER RECEIVING AN APPLICATION AND A LL FEES FOR 20
2742		-	A DUAL LICENSE FROM A MEDICAL CANNABIS D ISPENSARY, MEDICAL CANNABIS 21
2743		-	PROCESSOR, MEDICAL C ANNABIS INDEPENDENT TESTING LABORATORY , OR 22
2744		-	MEDICAL CANNABIS GRO WER, THE COMMISSION SHALL ISSU E A DUAL LICENSE TO 23
2745		-	THE APPLICANT , UNLESS THE COMMISSION: 24
2746		-
2747		-	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 25
2748		-	REGULATIONS ADOPTED UNDER § 23–301(A) OF THIS TITLE; OR 26
2749		-
2750		-	(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 27
2751		-	IS NOT IN COMPLIANCE WITH LOCAL LAW . 28
2752		-
2753		-	(C) (1) BEFORE BEING ISSUED A DUAL LICENSE UNDER T HIS SECTION, 29
2754		-	EACH APPLICANT SHALL PAY A LICENSING FEE OF: 30
2755		-
2756		-	(I) FOR A MEDICAL CANNABI S GROWER: 31 60 SENATE BILL 833
2757		-
2758		-
2759		-
2760		-	1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 1
2761		-	SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $500,000; OR 2
2762		-
2763		-	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 3
2764		-	ITEM IS LESS THAN $100,000, $100,000; 4
2765		-
2766		-	(II) FOR A MEDICAL CANNABI S DISPENSARY: 5
2767		-
2768		-	1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 6
2769		-	SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $100,000; OR 7
	2633	+	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 1
	2634	+	REGULATIONS ADOPTED UNDER § 23–301(A) OF THIS TITLE; OR 2
	2635	+
	2636	+	(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 3
	2637	+	IS NOT IN COMPLIANCE WITH LOCAL LAW . 4
	2638	+
	2639	+	(C) (1) BEFORE BEING ISSUED A DUAL LICENSE UNDER T HIS SECTION, 5
	2640	+	EACH APPLICANT SHALL PAY A LICENSING FEE OF: 6
	2641	+
	2642	+	(I) FOR A MEDICAL CANNABI S GROWER: 7
	2643	+
	2644	+	1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 8
	2645	+	SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $500,000; OR 9
	2646	+
	2647	+	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 10
	2648	+	ITEM IS LESS THAN $100,000, $100,000; 11
	2649	+
	2650	+	(II) FOR A MEDICAL CANNABI S DISPENSARY: 12
	2651	+
	2652	+	1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 13
	2653	+	SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $100,000; OR 14
	2654	+
	2655	+	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 15
	2656	+	ITEM IS LESS THAN $50,000, $50,000; OR 16
	2657	+
	2658	+	(III) FOR A MEDICAL CANNABI S PROCESSOR: 17
	2659	+
	2660	+	1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 18
	2661	+	SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $250,000; OR 19
	2662	+
	2663	+	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 20
	2664	+	ITEM IS LESS THAN $25,000, $25,000. 21
	2665	+
	2666	+	(2) ALL FEES PAID IN ACCO RDANCE WITH THIS SUB SECTION SHALL 22
	2667	+	BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 23
	2668	+
	2669	+	(3) THE COMMISSION SHALL RED UCE DUAL LICENSE FEE S FOR ANY 24
	2670	+	ENTITY THAT QUALIFIE S AS A SOCIAL EQUITY APPLICANT. 25
	2671	+
	2672	+	(4) THE COMMISSION MAY REDUCE DUAL LICENSE FEES BY AT LEAST 26
	2673	+	50% FOR ANY APPLICANT TH AT IS A CERTIFIED MI NORITY–OWNED BUSINESS . 27
	2674	+
	2675	+	(5) A MEDICAL CANNABIS IND EPENDENT TESTING LABORATORY I S 28 SENATE BILL 833 59
	2676	+
	2677	+
	2678	+	NOT REQUIRED TO PAY A LICENSING FEE. 1
	2679	+
	2680	+	(D) (1) FOR AN INITIAL RENEWA L, EACH APPLICANT SHALL PAY A 2
	2681	+	LICENSING FEE OF : 3
	2682	+
	2683	+	(I) FOR A MEDICAL CANNABI S GROWER: 4
	2684	+
	2685	+	1. THE LOWER OF 5.0% OF THE BUSINESS ’S TOTAL 5
	2686	+	SALES FOR THE 6 MONTHS IMMEDIATELY PRECEDIN G THE PAYMENT , OR $250,000; 6
	2687	+	OR 7
2770	2688
2771	2689		2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 8
2772		-	ITEM IS LESS THAN $50,000, $50,000; OR 9
2773		-
2774		-	(III) FOR A MEDICAL CANNABI S PROCESSOR: 10
2775		-
2776		-	1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 11
2777		-	SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $250,000; OR 12
2778		-
2779		-	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 13
2780		-	ITEM IS LESS THAN $25,000, $25,000. 14
2781		-
2782		-	(2) ALL FEES PAID IN ACCO RDANCE WITH THIS SUB SECTION SHALL 15
2783		-	BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 16
2784		-
2785		-	(3) THE COMMISSION SHALL REDU CE DUAL LICENSE FEES FOR ANY 17
2786		-	ENTITY THAT QUALIFIE S AS A SOCIAL EQUITY APPLICANT. 18
2787		-
2788		-	(4) THE COMMISSION MAY REDUCE DUAL LICENSE FEES BY AT LEAST 19
2789		-	50% FOR ANY APPLICANT T HAT IS A CERTIFIED M INORITY–OWNED BUSINESS . 20
2790		-
2791		-	(5) A MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY IS 21
2792		-	NOT REQUIRED TO PAY A LICENSING FEE. 22
2793		-
2794		-	(D) (1) FOR AN INITIAL RENEWA L, EACH APPLICANT SHALL PAY A 23
2795		-	LICENSING FEE OF : 24
2796		-
2797		-	(I) FOR A MEDICAL CANNABI S GROWER: 25
2798		-
2799		-	1. THE LOWER OF 5.0% OF THE BUSINESS ’S TOTAL 26
2800		-	SALES FOR THE 6 MONTHS IMMEDIATELY P RECEDING THE PAYMENT , OR $250,000; 27
2801		-	OR 28
2802		-	SENATE BILL 833 61
2803		-
2804		-
2805		-	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 1
2806		-	ITEM IS LESS THAN $100,000, $100,000; 2
2807		-
2808		-	(II) FOR A MEDICAL CANNABI S DISPENSARY: 3
2809		-
2810		-	1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 4
2811		-	SALES FOR THE 6 MONTHS IMMEDIATELY P RECEDING THE PAYMENT , OR $150,000; 5
2812		-	OR 6
2813		-
2814		-	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 7
2815		-	ITEM IS LESS THAN $50,000, $50,000; OR 8
2816		-
2817		-	(III) FOR A MEDICAL CA NNABIS PROCESSOR , THE LOWER OF 9
2818		-	2.5% OF THE BUSINESS ’S TOTAL SALES FOR TH E 6 MONTHS IMMEDIATELY 10
2819		-	PRECEDING THE PAYMEN T, OR $250,000. 11
2820		-
2821		-	(2) A MEDICAL CANNABIS GRO WER, DISPENSARY, OR PROCESSOR 12
2822		-	MAY ELECT TO DIRECT , WITH COMMISSION APPROVAL , UP TO 50% OF THE FEE PAID 13
2823		-	UNDER THIS SUBSECTIO N TOWARD THE COSTS A SSOCIATED WITH HOSTI NG A 14
2824		-	CANNABIS BUSINESS IN CUBATOR PROGRAM . 15
2825		-
2826		-	(3) THE COMMISSION SHALL REDU CE DUAL LICENSE RENE WAL FEES 16
2827		-	UNDER THIS SUBSECTIO N FOR ANY APPLICANT WITH 51% OR MORE OWNERSHIP 17
2828		-	THAT QUALIFIES AS A SOCIAL EQUITY APPL ICANT BY AT LEAST 50%. 18
2829		-
2830		-	(4) ALL FEES PAID IN ACCO RDANCE WITH THIS SUB SECTION SHALL 19
2831		-	BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 20
2832		-
2833		-	(5) THE COMMISSION SHALL DETE RMINE SUBSEQUENT REN EWAL 21
2834		-	FEES, WHICH SHALL BE CREDI TED TO THE CANNABIS REGULATION FUND. 22
2835		-
2836		-	(E) A DUAL LICENSE ISSUED UNDER THIS SECTION I S VALID FOR: 23
2837		-
2838		-	(1) 240 DAYS ON INITIAL LICE NSURE; AND 24
2839		-
2840		-	(2) 2 YEARS ON RENEWAL . 25
2841		-
2842		-	(F) EACH MEDICAL CANNABIS DISPENSARY, MEDICAL CANNABIS 26
2843		-	PROCESSOR, MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, AND 27
2844		-	MEDICAL CANNABIS GRO WER SHALL BE ELIGIBL E FOR A SINGLE DUAL LICENSE, AT 28
2845		-	THE SAME PREMISES AS THE MEDICAL CANNABIS ESTABLISHMENT LICENS E. 29
2846		-
2847		-	(G) (1) (I) A MEDICAL CANNABIS PRO CESSOR IS ELIGIBLE O NLY FOR A 30
2848		-	DUAL LICENSE AS A PR OCESSOR. 31 62 SENATE BILL 833
2849		-
2850		-
2851		-
2852		-	(II) A MEDICAL CANNABIS DIS PENSARY IS ELIGIBLE ONLY FOR 1
2853		-	A DUAL LICENSE AS A RETAILER. 2
2854		-
2855		-	(III) A MEDICAL CANNABIS GRO WER IS ELIGIBLE ONLY FOR A 3
2856		-	DUAL LICENSE AS A CU LTIVATOR. 4
2857		-
2858		-	(IV) A MEDICAL CANNABIS IND EPENDENT TESTING 5
2859		-	LABORATORY IS ELIGIB LE ONLY FOR A DUAL L ICENSE AS AN INDEPEN DENT TESTING 6
2860		-	LABORATORY . 7
2861		-
2862		-	(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRA PH (II) OF THIS 8
2863		-	PARAGRAPH , THIS SUBSECTION DOES NOT PREVENT AN ENTIT Y LICENSED AS TWO 9
2864		-	OR MORE TYPES OF MED ICAL CANNABIS ESTABL ISHMENTS FROM APPLYI NG FOR 10
2865		-	AND BEING ISSUED AN EQUAL NUMBER AND TYP E OF DUAL LICENSES . 11
2866		-
2867		-	(II) A MEDICAL CANNABIS IND EPENDENT TES TING 12
2868		-	LABORATORY MAY NOT H OLD ANY OTHER TYPE O F CANNABIS ESTABLISH MENT 13
2869		-	LICENSE. 14
2870		-
2871		-	23–404. 15
2872		-
2873		-	(A) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL : 16
2874		-
2875		-	(1) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 17
2876		-	LICENSES TO OPERATE AS A CULTIVATOR , DELIVERY SERVICE , PROCESSOR, OR 18
2877		-	TRANSPORTER FROM SOC IAL EQUITY APPLICANT S; AND 19
2878		-
2879		-	(2) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 20
2880		-	LICENSES TO OPERATE AN INDEPENDENT TESTI NG LABORATORY FROM A LL 21
2881		-	APPLICANTS. 22
2882		-
2883		-	(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 23
2884		-	CANNABIS ESTABLISHME NT, THE COMMISSION SHALL IMME DIATELY FORWARD A 24
2885		-	COPY OF EACH APPLICA TION AND HALF OF THE LICENSE APPLICATION FEE TO THE 25
2886		-	LOCAL REGULATORY AUT HORITY FOR THE LOCAL ITY IN WHICH THE APP LICANT 26
2887		-	DESIRES TO OPERATE T HE CANNABIS ESTABLIS HMENT, UNLESS THE LOCALITY HAS 27
2888		-	NOT DESIGNATED A LOC AL REGULATORY AUTHOR ITY. 28
2889		-
2890		-	(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 29
2891		-	APPLICATION TO OPERA TE A DELIVERY SERVIC E, CLASS A PROCESSOR, CLASS B 30
2892		-	PROCESSOR, OR TRANSPORTER FROM A SOCIAL EQUITY APPL ICANT, THE 31
2893		-	COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL LICENSE TO THE 32
2894		-	APPLICANT, UNLESS THE COMMISSION: 33 SENATE BILL 833 63
2895		-
2896		-
2897		-
2898		-	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 1
2899		-	REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 2
2900		-
2901		-	(2) IS NOTIFIED BY THE RE LEVANT LOCALITY T HAT THE APPLICANT 3
2902		-	IS NOT IN COMPLIANCE WITH LOCAL ZONING OR PLANNING REGULATIONS . 4
2903		-
2904		-	(D) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 5
2905		-	APPLICATION TO OPERA TE AN INDEPENDENT TE STING LABORATORY , THE 6
2906		-	COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL LICENSE TO THE 7
2907		-	APPLICANT, UNLESS THE COMMISSION: 8
2908		-
2909		-	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 9
2910		-	REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 10
2911		-
2912		-	(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 11
2913		-	IS NOT IN COMPLIANCE WITH LOCAL ZONI NG OR PLANNING REGUL ATIONS. 12
2914		-
2915		-	(E) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
2916		-	PARAGRAPH , ON OR BEFORE FEBRUARY 1, 2024, THE COMMISSION SHALL ISSU E TO 14
2917		-	SOCIAL EQUITY APPLIC ANTS: 15
2918		-
2919		-	1. 14 TIER 5 CULTIVATOR LICENSES ; 16
2920		-
2921		-	2. 18 TIER 3 CULTIVATOR LICENSES; AND 17
2922		-
2923		-	3. 18 TIER 1 CULTIVATOR LICENSES . 18
2924		-
2925		-	(II) IF THERE ARE FEWER TH AN 10 QUALIFIED APPLICANTS FOR 19
2926		-	TIER 5 CULTIVATOR LICENSES , THEN ADDITIONAL TIER 3 LICENSES SHALL BE 20
2927		-	ISSUED TO ENSURE THA T A TOTAL OF 25 LICENSES ARE ISSUED TO TIER 5 AND TIER 21
2928		-	3 CULTIVATORS COLLECTI VELY. 22
2929		-
2930		-	(2) (I) THE COMMISSION SHALL IMPL EMENT A SCORED PROCE SS 23
2931		-	TO DETERMINE QUALIFY ING APPLICANTS FOR C ULTIVATION LICENSES THAT MAY 24
2932		-	CONSIDER: 25
2933		-
2934		-	1. SECURITY AND RECORD –KEEPING PLANS ; 26
2935		-
2936		-	2. BUSINESS PLANS; 27
2937		-
2938		-	3. KNOWLEDGE AND EXPERIE NCE; 28
2939		-
2940		-	4. SUITABILITY OF EMPLOY EE TRAINING; 29
2941		-	64 SENATE BILL 833
2942		-
2943		-
2944		-	5. DIVERSITY PLANS; 1
2945		-
2946		-	6. LABOR AND EMPLOYMENT PRACTICES; 2
2947		-
2948		-	7. ENVIRONMENTAL PLANS ; 3
2949		-
2950		-	8. VETERAN STATUS ; AND 4
2951		-
2952		-	9. MARYLAND RESIDENCY . 5
2953		-
2954		-	(II) AN APPLICANT THAT SCO RES ABOVE A NUMBER O F POINTS 6
2955		-	ESTABLISHED BY THE COMMISSION SHALL BE E NTERED INTO A LOTTER Y TO 7
2956		-	DETERMINE WHICH APPL ICANTS ARE ISSUED LI CENSES. 8
2957		-
2958		-	(F) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 9
2959		-	APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE CANNABIS 10
2960		-	ESTABLISHMENT WOULD BE LOCATED. 11
2961		-
2962		-	(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 12
2963		-	THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 13
2964		-
2965		-	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 14
2966		-	COMMISSION MAY REQUIR E A CULTIVATOR TO SE CURE A SITE WITHIN A 15
2967		-	REASONABLE AMOUNT OF TIME. 16
2968		-
2969		-	(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 17
2970		-	CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 18
2971		-	BEYOND THE APPLIC ANT’S CONTROL. 19
2972		-
2973		-	(4) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 20
2974		-	COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 21
2975		-	WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 22
2976		-	SHALL FORWARD THE IN FORMATION TO THE LOC AL REGULATORY AUTHORITY AND 23
2977		-	APPROVE OR REJECT TH E FINAL APPLICATION WITHIN 45 DAYS. 24
2978		-
2979		-	(G) THE COMMISSION SHALL ACCE PT AND PROCESS APPLI CATIONS FOR 25
2980		-	TRANSPORTERS , DELIVERY SERVICES , AND PROCESSORS OPERA TED BY SOCIAL 26
2981		-	EQUITY APPLICANTS ON AN ONGOING BASIS . 27
2982		-
2983		-	(H) THE COMMISSION SHALL ACCE PT AND PROCESS APPLI CATIONS FOR 28
2984		-	INDEPENDENT TESTING LABORATORIES ON AN O NGOING BASIS. 29
2985		-
2986		-	23–405. 30
2987		-	SENATE BILL 833 65
2988		-
2989		-
2990		-	(A) (1) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL 1
2991		-	BEGIN ACCEPTING AND PROCESSING APPLICATI ONS FOR LICENSES TO OPERATE A 2
2992		-	RETAILER FROM ANY QUALIFIED A PPLICANT. 3
2993		-
2994		-	(2) (I) ON OR BEFORE APRIL 1, 2024, THE COMMISSION SHALL 4
2995		-	INITIALLY ISSUE 47 RETAILER LICENSES IN A MANNER THAT EQUITA BLY 5
2996		-	DISTRIBUTES THE LICE NSES THROUGHOUT THE STATE AT THE RATE OF ONE 6
2997		-	LICENSE PER SENATORI AL DISTRICT. 7
2998		-
2999		-	(II) IN DETERMINING WHETHE R THE AMOUNT OF RETA ILER 8
3000		-	LICENSES REQUIRED TO BE ISSUED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH 9
3001		-	HAS BEEN MET, THE COMMISSION MAY NOT IN CLUDE DUAL LICENSES . 10
3002		-
3003		-	(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 11
3004		-	RETAILER, THE COMMISSION SHALL PROM PTLY FORWARD A COPY OF EACH 12
3005		-	APPLICATION AND HALF OF THE LICENSE APPLI CATION FEE TO THE LO CAL 13
3006		-	REGULATORY AUTHORITY FOR THE LOCALITY IN WHICH THE APPLICANT DESIRES 14
3007		-	TO OPERATE THE CANNA BIS ESTABLISHMENT , UNLESS THE LOCALITY HAS NOT 15
3008		-	DESIGNATED A LOCAL R EGULATORY AUTHORITY . 16
3009		-
3010		-	(C) THE COMMISSION SHALL AWAR D UP TO 255 POINTS TO COMPLETE 17
3011		-	APPLICATIONS BASED O N THE FOLLOWING FACT ORS: 18
3012		-
3013		-	(1) 65 POINTS AWARDED FOR S ECURITY AND RECORD K EEPING 19
3014		-	BASED ON THE EXTENT TO WHICH THE SECURIT Y PLAN ACCO UNTS FOR THE 20
3015		-	PREVENTION OF THEFT OR DIVERSION OF CANN ABIS, INCLUDING SAFE STORA GE OF 21
3016		-	CANNABIS AND CURRENC Y, TRACKING PROCEDURES , AND A PLAN FOR THE 22
3017		-	DESTRUCTION AND DISP OSAL OF CANNABIS ; 23
3018		-
3019		-	(2) 30 POINTS AWARDED FOR K NOWLEDGE AND EXPERIE NCE BASED 24
3020		-	ON THE APPLICANT’S PRINCIPAL OFFICERS ’ DEMONSTRATED EXPERIE NCE AND 25
3021		-	QUALIFICATIONS IN BU SINESS MANAGEMENT OR EXPERIENCE WITH THE CANNABIS 26
3022		-	INDUSTRY, WHICH MAY BE DEMONST RATED THROUGH EXPERI ENCE IN OTHER 27
3023		-	INDUSTRIES OR TRAINI NG THAT REFLECTS ON AN APPLICANT ’S ABILITY TO 28
3024		-	OPERATE A CANNABIS B USINESS ESTABLISHMEN T; 29
3025		-
3026		-	(3) 65 POINTS AWARDED FOR B USINESS PLAN , FINANCIALS, 30
3027		-	OPERATING, AND FLOOR PLANS ; 31
3028		-
3029		-	(4) 50 POINTS AWARDED FOR S TATUS AS A SOCIAL EQ UITY APPLICANT 32
3030		-	BASED ON WHETHER THE APPLICANT MEETS THE QUALIFICATIONS FOR A SOCIAL 33
3031		-	EQUITY APPLICANT AS SET FORTH IN THIS TI TLE; 34
3032		-	66 SENATE BILL 833
3033		-
3034		-
3035		-	(5) 15 POINTS AWARDED FOR T HE SUITABILITY OF TH E EMPLOYEE 1
3036		-	TRAINING PLAN BASED ON THE EXTENT TO WHI CH THE APPLICANT ’S TRAINING PLAN 2
3037		-	WILL ENSURE EMPLOYEE S UNDERSTAND THE RUL ES AND LAWS , ARE 3
3038		-	KNOWLEDGEAB LE ABOUT SECURITY ME ASURES AND OPERATING PROCEDURES , AND 4
3039		-	ARE ABLE TO ADVISE C ONSUMERS ON HOW TO S AFELY CONSUME PRODUC TS AND 5
3040		-	USE INDIVIDUAL PRODU CTS THAT ARE OFFERED ; 6
3041		-
3042		-	(6) 10 POINTS AWARDED FOR A DIVERSITY PLAN BASED ON A 7
3043		-	NARRATIVE OF NOT MOR E THAN 2,500 WORDS THAT ESTABLISH ES A GOAL OF 8
3044		-	DIVERSITY IN OWNERSH IP, MANAGEMENT , EMPLOYMENT , AND CONTRACTING TO 9
3045		-	ENSURE THAT DIVERSE PARTICIPANTS AND GRO UPS ARE AFFORDED EQU ALITY OF 10
3046		-	OPPORTUNITY ; 11
3047		-
3048		-	(7) 5 POINTS AWARDED FOR L ABOR AND EMPLOYMENT PRACTICES 12
3049		-	BASED ON PLANS TO PROVIDE A SAFE , HEALTHY, AND ECONOMICALLY BEN EFICIAL 13
3050		-	WORKING ENVIRONMENT FOR THE CANNABIS EST ABLISHMENT ’S AGENTS, 14
3051		-	INCLUDING CODES OF C ONDUCT, HEALTH CARE BENEFITS , EDUCATIONAL 15
3052		-	BENEFITS, RETIREMENT BENEFITS , AND LIVING WAGE STAN DARDS; 16
3053		-
3054		-	(8) 5 POINTS AWA RDED BASED ON AN ENV IRONMENTAL PLAN OF 17
3055		-	ACTION TO MINIMIZE T HE CARBON FOOTPRINT , ENVIRONMENTAL IMPACT , AND 18
3056		-	RESOURCE NEEDS FOR T HE DISPENSARY ; 19
3057		-
3058		-	(9) 5 POINTS AWARDED BASED ON WHETHER THE APPLI CANT IS 26% 20
3059		-	OR MORE CONTROLLED A ND OWNED BY AN INDIV IDUAL OR INDIVIDUALS WHO MEET 21
3060		-	THE QUALIFICATIONS O F A VETERAN AS DEFIN ED BY § 9–901 OF THE STATE 22
3061		-	GOVERNMENT ARTICLE; AND 23
3062		-
3063		-	(10) 5 POINTS AWARDED BASED ON WHETHER THE APPLI CANT IS 51% 24
3064		-	OR MORE OWNED AND CO NTROLLED BY STATE RESIDENTS , WHO CAN PROVE 25
3065		-	RESIDENCY IN EACH OF THE IMMEDIATELY PRECE DING 5 YEARS WITH TAX 26
3066		-	RECORDS. 27
3067		-
3068		-	(D) THE COMMISSION MAY AWARD UP TO 2 BONUS POINTS FOR A P LAN TO 28
3069		-	ENGAGE WITH THE COMM UNITY IN WHICH THE A PPLICANT WILL BE LOC ATED. 29
3070		-
3071		-	(E) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AN 30
3072		-	APPLICANT MAY APPLY FOR CONDITIONAL APPR OVAL IF THE APPLICAN T HAS NOT 31
3073		-	PURCHASED OR LEASED THE PROPERTY WHERE T HE CANNABIS ESTABLIS HMENT 32
3074		-	WOULD BE LOCATED . 33
3075		-
3076		-	(II) THE COMMISSION MAY REQUIR E AN APPLICANT T O SPECIFY 34
3077		-	THE LOCALITY IN WHIC H THE CANNABIS ESTAB LISHMENT IS INTENDED TO 35
3078		-	OPERATE. 36 SENATE BILL 833 67
3079		-
3080		-
3081		-
3082		-	(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 1
3083		-	THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 2
3084		-
3085		-	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 3
3086		-	COMMISSION MAY REQUIR E AN APPLICANT TO SE CURE A SITE WITHIN A 4
3087		-	REASONABLE AMOUNT OF TIME. 5
3088		-
3089		-	(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 6
3090		-	CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 7
3091		-	BEYOND THE APPLICANT ’S CONTROL. 8
3092		-
3093		-	(4) ONCE THE APPLICANT PRO VIDES THE COMMISSION WITH A 9
3094		-	COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 10
3095		-	WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 11
3096		-	SHALL FORWARD THE IN FORMATION TO THE LOC AL REGULATORY AUTHOR ITY AND 12
3097		-	APPROVE O R REJECT THE FINAL A PPLICATION WITHIN 45 DAYS. 13
3098		-
3099		-	(F) THE COMMISSION MAY PROVID E THAT ANY APPLICANT THAT SCORES 14
3100		-	ABOVE A SPECIFIED NU MBER OF POINTS MUST BE ENTERED INTO A LO TTERY THAT 15
3101		-	IS CONDUCTED IN A MA NNER THAT ENSURES EQ UITABLE DISTRIBUTION OF 16
3102		-	RETAILERS THROUGHOUT THE STATE. 17
3103		-
3104		-	23–406. 18
3105		-
3106		-	(A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2025, THE 19
3107		-	COMMISSION, IN CONJUNCTION WITH THE OFFICE OF SOCIAL EQUITY, SHALL 20
3108		-	EVALUATE THE CANNABI S MARKET IN THE STATE AND SOLICIT INP UT FROM THE 21
3109		-	PUBLIC AND STAKEHOLD ERS REGARDING: 22
3110		-
3111		-	(1) THE EXTENT TO WHICH T HE PROGRAM IS RESULT ING IN SOCIAL 23
3112		-	EQUITY APPLICANTS TH AT ARE ABLE TO RUN S UCCESSFUL CANNABIS B USINESSES 24
3113		-	AND TO COMPETE WITH DUAL LICENSES AND OT HER CANNABIS BUSINES SES; 25
3114		-
3115		-	(2) DIVERSITY IN OWNERSHI P, MANAGEMENT , AND STAFFING OF THE 26
3116		-	CANNABIS INDUSTRY IN THE STATE, INCLUDING A REVIEW O F THE DISPARITY 27
3117		-	STUDY; 28
3118		-
3119		-	(3) WHETHER THE TAX RATE AND REVENUE ARE MEET ING GOALS OF 29
3120		-	DISPLACING THE ILLIC IT MARKET AND GENERA TING REVENUE FOR REI NVESTMENT 30
3121		-	IN COMMUNITIES , CANNABIS TRAINING , AND OTHER NEEDS , INCLUDING A REVIEW 31
3122		-	OF HOW TAX RATES COM PARE TO OTHER STATES ; AND 32
3123		-	68 SENATE BILL 833
3124		-
3125		-
3126		-	(4) ANY ANTICIPATED OR AC TUAL CHANGES TO FEDE RAL LAW OR 1
3127		-	OTHER FACTORS THAT M AY WARRANT REVISIONS TO THIS TITLE. 2
3128		-
3129		-	(B) ON OR BEFORE JANUARY 1, 2027, AND BEFORE ANY ADDIT IONAL 3
3130		-	CULTIVATION LICENSES ARE ISSUED UNDER § 23–407 OF THIS SUBTITLE , THE 4
3131		-	COMMISSION SHALL COMM ISSION A STUDY OF TH E CANNABIS MARKET IN THE 5
3132		-	STATE, WHICH SHALL ADDRESS : 6
3133		-
3134		-	(1) THE EXTENT TO WHICH C ONSUMERS HAVE SAFE , CONVENIENT 7
3135		-	ACCESS TO LEGAL CANN ABIS AT PRICES THAT ARE LOWER T HAN IN THE ILLICIT 8
3136		-	MARKET; 9
3137		-
3138		-	(2) WHETHER CANNABIS CULT IVATORS, PROCESSORS , AND 10
3139		-	RETAILERS ARE MEETIN G DEMAND WITHOUT CRE ATING A SURPLUS ; AND 11
3140		-
3141		-	(3) WHETHER ADDITIONAL SU PPLY IS NEEDED. 12
3142		-
3143		-	(C) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2025, THE 13
3144		-	COMMISSION SHALL REPO RT ITS RECOMMENDATIO NS, BASED ON THE FINDING S OF 14
3145		-	THE SOLICITATIONS CO NDUCTED UNDER SUBSEC TION (A) OF THIS SECTION, TO THE 15
3146		-	GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 16
3147		-	ARTICLE, FOR ANY CHANGES TO C ANNABIS REGULATION AND T AXATION, 17
3148		-	INCLUDING: 18
3149		-
3150		-	(1) ANY CHANGES TO THE TA X RATE AND METHOD ; AND 19
3151		-
3152		-	(2) WHETHER AND UNDER WHA T CONDITIONS TO ALLO W THE IMPORT 20
3153		-	AND EXPORT OF CANNAB IS TO OTHER STATES . 21
3154		-
3155		-	23–407. 22
3156		-
3157		-	(A) THE COMMISSION MAY ACCEPT ADDITIONAL APPLICATI ONS FOR 23
3158		-	CULTIVATORS AND RETA ILERS BEGINNING FEBRUARY 1, 2027. 24
3159		-
3160		-	(B) ADDITIONAL CULTIVATIO N LICENSES MAY BE IS SUED ONLY IF THE 25
3161		-	STUDY DONE IN ACCORD ANCE WITH § 23–406(B) OF THIS SUBTITLE DET ERMINES 26
3162		-	THAT ADDITIONAL SUPP LY IS NEEDED. 27
3163		-
3164		-	(C) THE NUMBER OF LICENSE S ISSUED AND THE LICEN SED CULTIVATION 28
3165		-	SPACE SHALL BE DESIG NED TO MEET PROJECTE D DEMAND, INCLUDING FACTORING 29
3166		-	IN THE PERCENT OF LI CENSED SPACE THAT MA Y NOT BE USED. 30
3167		-
3168		-	(D) IN DETERMINING THE NU MBER OF ADDITIONAL R ETAIL OR 31
3169		-	CULTIVATION LICENSES TO ISSUE, THE COMMISSION SHALL CONSIDE R: 32 SENATE BILL 833 69
3170		-
3171		-
3172		-
3173		-	(1) THE EXTENT TO WHICH C ONSUMERS WILL HAVE S AFE, 1
3174		-	CONVENIENT ACCESS TO LEGAL CANNABIS AT PR ICES THAT ARE LOWER THAN THE 2
3175		-	ILLICIT MARKET; 3
3176		-
3177		-	(2) EXPECTED CULTIVATION EXPANSION BY EXISTIN G CULTIVATORS ; 4
3178		-	AND 5
3179		-
3180		-	(3) THE ANTICIPATED OR A CTUAL OPENING OF AN INTERSTATE OR 6
3181		-	INTERNATIONAL MARKET FOR CANNABIS PRODUCT S. 7
3182		-
3183		-	(E) THE COMMISSION MAY LIMIT SOME OR ALL OF THE L ICENSES ISSUED 8
3184		-	UNDER THIS SECTION T O SOCIAL EQUITY APPL ICANTS OR MINORITY B USINESS 9
3185		-	APPLICANTS IF DOING SO IS NEEDED TO ENSU RE DIVERSITY AND INCLUS ION IN THE 10
3186		-	INDUSTRY, AS WARRANTED BY THE DISPARITY STUDY . 11
3187		-
3188		-	(F) LICENSES UNDER THIS S ECTION SHALL BE ISSU ED BY SCORING ALL 12
3189		-	APPLICATIONS AND ENT ERING ALL APPLICANTS THAT ARE DETERMINED TO HAVE A 13
3190		-	SUFFICIENT SCORE INT O A LOTTERY. 14
3191		-
3192		-	23–408. 15
3193		-
3194		-	(A) NOT EARLIER THAN 6 MONTHS AFTER BEGINNI NG TO ISSUE LICENSES 16
3195		-	TO SOCIAL EQUITY APP LICANTS UNDER § 23–404 OF THIS SUBTITLE , THE 17
3196		-	COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING APPLICATIONS FOR 18
3197		-	LICENSES TO OPERATE AS A CLASS A OR CLASS B PROCESSOR FROM A NY QUALIFIED 19
3198		-	APPLICANT. 20
3199		-
3200		-	(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 21
3201		-	CLASS A OR CLASS B PROCESSOR, THE COMMISSION SHALL IMME DIATELY 22
3202		-	FORWARD A COPY OF EA CH APPLICATION AND H ALF OF THE LICENSE A PPLICATION 23
3203		-	FEE TO THE LOCAL REG ULATORY AUTHORI TY FOR THE LOCALITY IN WHICH THE 24
3204		-	APPLICANT DESIRES TO OPERATE THE CANNABIS ESTABLISHMENT , UNLESS THE 25
3205		-	LOCALITY HAS NOT DES IGNATED A LOCAL REGU LATORY AUTHORITY . 26
3206		-
3207		-	(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 27
3208		-	APPLICATION, THE COMMISSION SHALL ISSUE A LICENSE OR A CONDITIONAL 28
3209		-	LICENSE TO THE APPLI CANT, UNLESS THE COMMISSION: 29
3210		-
3211		-	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 30
3212		-	REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 31
3213		-
3214		-	(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 32
3215		-	IS NOT IN COMPLIANCE WI TH LOCAL ZONING OR P LANNING LAWS . 33 70 SENATE BILL 833
3216		-
3217		-
3218		-
3219		-	(D) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 1
3220		-	APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE 2
3221		-	PROCESSOR WOULD BE L OCATED. 3
3222		-
3223		-	(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 4
3224		-	THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 5
3225		-
3226		-	(3) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 6
3227		-	COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 7
3228		-	WHERE THE PROCESSOR IS TO BE LOCATED, THE COMMISSION SHALL FORW ARD THE 8
3229		-	INFORMATION TO THE L OCAL REGULATORY AUTH ORITY AND APPROVE OR REJECT 9
3230		-	THE FINAL APPLICATIO N WITHIN 45 DAYS. 10
3231		-
3232		-	SUBTITLE 5. LOCAL REGULATIONS. 11
3233		-
3234		-	23–501. 12
3235		-
3236		-	(A) AN ON–SITE CONSUMPTION EST ABLISHMENT MAY OPERA TE ONLY IF 13
3237		-	THE LOCAL REGULATORY A UTHORITY IN THE LOCA LITY WHERE IT IS LOC ATED 14
3238		-	ISSUED A PERMIT OR L ICENSE THAT EXPRESSL Y ALLOWS THE OPERATI ON OF THE 15
3239		-	ON–SITE CONSUMPTION EST ABLISHMENT . 16
3240		-
3241		-	(B) (1) EXCEPT AS PROVIDED IN THIS SUBSECTION , A LOCALITY MAY 17
3242		-	PROHIBIT THE OPERATI ON OF ANY OR ALL TYPES OF CANNABIS ESTABLIS HMENTS 18
3243		-	WITHIN ITS JURISDICT ION THROUGH THE ENAC TMENT OF AN ORDINANC E OR 19
3244		-	THROUGH AN INITIATED OR REFERRED MEASURE . 20
3245		-
3246		-	(2) AN INITIATED OR REFER RED MEASURE TO PROHI BIT THE 21
3247		-	OPERATION OF CANNABI S ESTABLISHMENTS MUS T APPEAR ON A GENERAL 22
3248		-	ELECTION BALLOT . 23
3249		-
3250		-	(3) A LOCALITY MAY NOT : 24
3251		-
3252		-	(I) PROHIBIT TRANSPORTATI ON THROUGH THE LOCAL ITY OR 25
3253		-	DELIVERIES WITHIN TH E LOCALITY BY CANNAB IS ESTABLISHMENTS LO CATED IN 26
3254		-	OTHER JURISDICTIONS ; 27
3255		-
3256		-	(II) PROHIBIT OR IMPACT A BUSINESS LICENSED UNDER TITLE 28
3257		-	13, SUBTITLE 33 OF THIS ARTICLE , REGARDLESS OF WHETHE R THE BUSINESS IS 29
3258		-	GRANTED A LICENSE UN DER THIS TITLE; OR 30
3259		-	SENATE BILL 833 71
3260		-
3261		-
3262		-	(III) PREVENT AN ENTITY LIC ENSED UNDER TITLE 13, SUBTITLE 1
3263		-	33 OF THIS ARTICLE THAT IS IN COMPLIANCE WIT H ALL RELEVANT MEDIC AL 2
3264		-	CANNABIS REGULATIONS FROM BEING GRANTED A DUAL LICENSE. 3
3265		-
3266		-	(C) A PERSON SEEKING LICEN SURE AS A CANNABIS E STABLISHMENT SHALL 4
3267		-	MEET LOCAL ZONING AN D PLANNING REQUIREME NTS. 5
3268		-
3269		-	(D) A LOCALITY MAY NOT NEG OTIATE OR ENTER INTO AN AGREEMENT WITH 6
3270		-	A CANNABIS ESTABLISH MENT OR A CANNABIS ES TABLISHMENT APPLICAN T 7
3271		-	REQUIRING THAT THE C ANNABIS ESTABLISHMEN T OR APPLICANT PROVI DE MONEY, 8
3272		-	DONATIONS, IN–KIND CONTRIBUTIONS , SERVICES, OR ANYTHING OF VALUE TO THE 9
3273		-	LOCALITY. 10
3274		-
3275		-	SUBTITLE 6. CRIMINAL AND CIVIL IMMUNITIES AND LIABILITIES. 11
3276		-
3277		-	23–601. 12
3278		-
3279		-	(A) IN THIS SECTION , “PROCESSING” AND “MANUFACTURING ” DO NOT 13
3280		-	INCLUDE: 14
3281		-
3282		-	(1) PERFORMING EXTRACTION S USING SOLVENTS OTH ER THAN 15
3283		-	WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 16
3284		-	ETHANOL; OR 17
3285		-
3286		-	(2) EXTRACTING COMPOUNDS FROM CANNABIS U SING ETHANOL IN 18
3287		-	THE PRESENCE OR VICI NITY OF OPEN FLAME . 19
3288		-
3289		-	(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, EXCEPT AS 20
3290		-	OTHERWISE PROVIDED I N THIS SUBTITLE , THE FOLLOWING ACTS A RE NOT 21
3291		-	UNLAWFUL UNDER STATE LAW OR THE LAW OF ANY POLITICAL SUB DIVISION OF THE 22
3292		-	STATE OR A BASIS FOR SE IZURE OR FORFEITURE OF ASSETS UNDER STATE LAW FOR 23
3293		-	INDIVIDUALS WHO ARE AT LEAST 21 YEARS OLD: 24
3294		-
3295		-	(1) POSSESSING, CONSUMING , GROWING, USING, PROCESSING, 25
3296		-	MANUFACTURING , PURCHASING , OR TRANSPORTING AN A MOUNT OF CANNABIS 26
3297		-	THAT DOES NOT EXCEE D THE PERSONAL USE A MOUNT; 27
3298		-
3299		-	(2) TRANSFERRING AN AMOUN T OF CANNABIS THAT D OES NOT 28
3300		-	EXCEED THE PERSONAL USE AMOUNT TO AN IND IVIDUAL WHO IS AT LE AST 21 YEARS 29
3301		-	OLD WITHOUT REMUNERA TION; 30
3302		-
3303		-	(3) CONTROLLING PROPERTY WHERE ACTIONS DESCRI BED IN ITEM 31
3304		-	(1) OR (2) OF THIS SUBSECTION O CCUR; OR 32
	2690	+	ITEM IS LESS THAN $100,000, $100,000; 9
	2691	+
	2692	+	(II) FOR A MEDICAL CANNABI S DISPENSARY: 10
	2693	+
	2694	+	1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 11
	2695	+	SALES FOR THE 6 MONTHS IMMEDIATELY PRE CEDING THE PAYMENT , OR $150,000; 12
	2696	+	OR 13
	2697	+
	2698	+	2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 14
	2699	+	ITEM IS LESS THAN $50,000, $50,000; OR 15
	2700	+
	2701	+	(III) FOR A MEDICAL CANNABI S PROCESSOR , THE LOWER OF 16
	2702	+	2.5% OF THE BUSINESS ’S TOTAL SALES FOR TH E 6 MONTHS IMMEDIATELY 17
	2703	+	PRECEDING THE PAYMEN T, OR $250,000. 18
	2704	+
	2705	+	(2) A MEDICAL CANNABIS GRO WER, DISPENSARY, OR PROCESSOR 19
	2706	+	MAY ELECT TO DIRECT , WITH COMMISSION APPROVAL , UP TO 50% OF THE FEE PAID 20
	2707	+	UNDER THIS SUBSECTIO N TOWARD THE COSTS A SSOCIATED WITH HOSTI NG A 21
	2708	+	CANNABIS BUSINESS INCUBATOR P ROGRAM. 22
	2709	+
	2710	+	(3) THE COMMISSION SHALL REDU CE DUAL LICENSE RENE WAL FEES 23
	2711	+	UNDER THIS SUBSECTIO N FOR ANY APPLICANT WITH 51% OR MORE OWNERSHIP 24
	2712	+	THAT QUALIFIES AS A SOCIA L EQUITY APPLICANT B Y AT LEAST 50%. 25
	2713	+
	2714	+	(4) ALL FEES PAID IN ACCO RDANCE WITH THIS SUBSECTION SHAL L 26
	2715	+	BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 27
	2716	+
	2717	+	(5) THE COMMISSION SHALL DETE RMINE SUBSEQUENT REN EWAL 28
	2718	+	FEES, WHICH SHALL BE CREDI TED TO THE CANNABIS REGULATION FUND. 29
	2719	+
	2720	+	(E) A DUAL LICENSE ISSUED UNDER THIS SECTION I S VALID FOR: 30 60 SENATE BILL 833
	2721	+
	2722	+
	2723	+
	2724	+	(1) 240 DAYS ON INITIAL LICE NSURE; AND 1
	2725	+
	2726	+	(2) 2 YEARS ON RENEWAL . 2
	2727	+
	2728	+	(F) EACH MEDICAL CANNABIS DISPENSARY, MEDICAL CANNABIS 3
	2729	+	PROCESSOR, MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, AND 4
	2730	+	MEDICAL CANNABIS GRO WER SHALL BE ELIGIBL E FOR A SINGLE DUAL LICENSE, AT 5
	2731	+	THE SAME PREMISES AS THE MEDICAL CANNABIS ESTABLISHMENT LICENS E. 6
	2732	+
	2733	+	(G) (1) (I) A MEDICAL CANNABIS PRO CESSOR IS ELIGIBLE O NLY FOR A 7
	2734	+	DUAL LICENSE AS A PR OCESSOR. 8
	2735	+
	2736	+	(II) A MEDICAL CANNABIS DIS PENSARY IS ELIGIBLE ONLY FOR 9
	2737	+	A DUAL LICENSE AS A RETAILER. 10
	2738	+
	2739	+	(III) A MEDICAL CANNABIS GRO WER IS ELIGIBLE ONLY FOR A 11
	2740	+	DUAL LICENSE AS A CU LTIVATOR. 12
	2741	+
	2742	+	(IV) A MEDICAL CANNABIS IND EPENDENT TESTING 13
	2743	+	LABORATORY IS ELIGIB LE ONLY FOR A DUAL L ICENSE AS AN INDEPEN DENT TESTING 14
	2744	+	LABORATORY . 15
	2745	+
	2746	+	(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
	2747	+	PARAGRAPH , THIS SUBSECTION DOES NOT PREVENT AN ENTIT Y LICENSED AS TWO 17
	2748	+	OR MORE TYPES OF MED ICAL CANNABIS ESTABL ISHMENTS FROM APPLYI NG FOR 18
	2749	+	AND BEING ISSUED AN EQUAL NUMBER AND TYP E OF DUAL LICENSES . 19
	2750	+
	2751	+	(II) A MEDICAL CANNABIS IND EPENDENT TESTING 20
	2752	+	LABORATORY MAY NOT H OLD ANY OTHER TYPE O F CANNABIS ESTABLISH MENT 21
	2753	+	LICENSE. 22
	2754	+
	2755	+	23–404. 23
	2756	+
	2757	+	(A) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL : 24
	2758	+
	2759	+	(1) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 25
	2760	+	LICENSES TO OPERATE AS A CULTIVATOR , DELIVERY SERVICE, PROCESSOR, OR 26
	2761	+	TRANSPORTER FROM SOC IAL EQUITY APPLICANT S; AND 27
	2762	+
	2763	+	(2) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 28
	2764	+	LICENSES TO OPERATE AN INDEPENDENT TESTI NG LABORATORY FROM A LL 29
	2765	+	APPLICANTS. 30 SENATE BILL 833 61
	2766	+
	2767	+
	2768	+
	2769	+	(B) ON RECEIVING AN APPLI CATION OR RENEWAL APPLICATION FOR A 1
	2770	+	CANNABIS ESTABLISHME NT, THE COMMISSION SHALL IMME DIATELY FORWARD A 2
	2771	+	COPY OF EACH APPLICA TION AND HALF OF THE LICENSE APPLICATION FEE TO THE 3
	2772	+	LOCAL REGULATORY AUT HORITY FOR THE LOCAL ITY IN WHICH THE APP LICANT 4
	2773	+	DESIRES TO OPERATE T HE CANNABIS ESTABLISHMENT , UNLESS THE LOCALITY HAS 5
	2774	+	NOT DESIGNATED A LOC AL REGULATORY AUTHOR ITY. 6
	2775	+
	2776	+	(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 7
	2777	+	APPLICATION TO OPERA TE A DELIVERY SERVIC E, CLASS A PROCESSOR, CLASS B 8
	2778	+	PROCESSOR, OR TRANSPORTER FROM A SOCIAL EQUITY APPLICANT , THE 9
	2779	+	COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL LICENSE TO THE 10
	2780	+	APPLICANT, UNLESS THE COMMISSION: 11
	2781	+
	2782	+	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 12
	2783	+	REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 13
	2784	+
	2785	+	(2) IS NOTIFIED BY THE R ELEVANT LOCALITY THA T THE APPLICANT 14
	2786	+	IS NOT IN COMPLIANCE WITH LOCAL ZONING OR PLANNING REGULATIONS . 15
	2787	+
	2788	+	(D) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 16
	2789	+	APPLICATION TO OPERA TE AN INDEPENDENT TE STING LABORATORY , THE 17
	2790	+	COMMISSION SHALL ISSU E A LICENS E OR A CONDITIONAL L ICENSE TO THE 18
	2791	+	APPLICANT, UNLESS THE COMMISSION: 19
	2792	+
	2793	+	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 20
	2794	+	REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 21
	2795	+
	2796	+	(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 22
	2797	+	IS NOT IN COMPLIAN CE WITH LOCAL ZONING OR PLANNING REGULATI ONS. 23
	2798	+
	2799	+	(E) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 24
	2800	+	PARAGRAPH , ON OR BEFORE FEBRUARY 1, 2024, THE COMMISSION SHALL ISSU E TO 25
	2801	+	SOCIAL EQUITY APPLIC ANTS: 26
	2802	+
	2803	+	1. 14 TIER 5 CULTIVATOR LICENSES ; 27
	2804	+
	2805	+	2. 18 TIER 3 CULTIVATOR LICENSES ; AND 28
	2806	+
	2807	+	3. 18 TIER 1 CULTIVATOR LICENSES . 29
	2808	+
	2809	+	(II) IF THERE ARE FEWER TH AN 10 QUALIFIED APPLICANTS FOR 30
	2810	+	TIER 5 CULTIVATOR LICENSES , THEN ADDITIONAL TIER 3 LICENSES SHALL BE 31 62 SENATE BILL 833
	2811	+
	2812	+
	2813	+	ISSUED TO ENSURE THA T A TOTAL OF 25 LICENSES ARE ISSUE D TO TIER 5 AND TIER 1
	2814	+	3 CULTIVATORS COLLECTI VELY. 2
	2815	+
	2816	+	(2) (I) THE COMMISSION SHALL IMPL EMENT A SCORED PROCE SS 3
	2817	+	TO DETERMINE QUALIFY ING APPLICANTS FOR C ULTIVATION LICENSES THAT MAY 4
	2818	+	CONSIDER: 5
	2819	+
	2820	+	1. SECURITY AND RECORD –KEEPING PLANS ; 6
	2821	+
	2822	+	2. BUSINESS PLANS; 7
	2823	+
	2824	+	3. KNOWLEDGE AND EXPERIE NCE; 8
	2825	+
	2826	+	4. SUITABILITY OF EMPLOY EE TRAINING; 9
	2827	+
	2828	+	5. DIVERSITY PLANS; 10
	2829	+
	2830	+	6. LABOR AND EMPLOYMENT PRACTICES; 11
	2831	+
	2832	+	7. ENVIRONMENTAL PLANS ; 12
	2833	+
	2834	+	8. VETERAN STATUS ; AND 13
	2835	+
	2836	+	9. MARYLAND RESIDENCY . 14
	2837	+
	2838	+	(II) AN APPLICANT THAT SCO RES ABOVE A NUMBER OF POINTS 15
	2839	+	ESTABLISHED BY THE COMMISSION SHALL BE E NTERED INTO A LOTTER Y TO 16
	2840	+	DETERMINE WHICH APPL ICANTS ARE ISSUED LI CENSES. 17
	2841	+
	2842	+	(F) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 18
	2843	+	APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE CANNABIS 19
	2844	+	ESTABLISHMENT WOULD BE LOCATED. 20
	2845	+
	2846	+	(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 21
	2847	+	THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 22
	2848	+
	2849	+	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 23
	2850	+	COMMISSION MAY REQUIR E A CULTIVATOR TO SECURE A SITE WITHIN A 24
	2851	+	REASONABLE AMOUNT OF TIME. 25
	2852	+
	2853	+	(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 26
	2854	+	CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 27
	2855	+	BEYOND THE APPLICANT ’S CONTROL. 28 SENATE BILL 833 63
	2856	+
	2857	+
	2858	+
	2859	+	(4) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 1
	2860	+	COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 2
	2861	+	WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 3
	2862	+	SHALL FORWARD THE IN FORMATION TO THE LOC AL REGULATORY AUTHOR ITY AND 4
	2863	+	APPROVE OR REJECT THE FINAL APPLICATION WITHIN 45 DAYS. 5
	2864	+
	2865	+	(G) THE COMMISSION SHALL ACCE PT AND PROCESS APPLI CATIONS FOR 6
	2866	+	TRANSPORTERS , DELIVERY SERVICES , AND PROCESSORS OPERA TED BY SOCIAL 7
	2867	+	EQUITY APPLICANTS ON AN ONGOING BASIS . 8
	2868	+
	2869	+	(H) THE COMMISSION SHALL ACCE PT AND PROCESS APPLICATIONS FOR 9
	2870	+	INDEPENDENT TESTING LABORATORIES ON AN O NGOING BASIS. 10
	2871	+
	2872	+	23–405. 11
	2873	+
	2874	+	(A) (1) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL 12
	2875	+	BEGIN ACCEPTING AND PROCESSING APPLICATI ONS FOR LICENSES TO OPERATE A 13
	2876	+	RETAILER FROM ANY QU ALIFIED APPLICANT . 14
	2877	+
	2878	+	(2) (I) ON OR BEFORE APRIL 1, 2024, THE COMMISSION SHALL 15
	2879	+	INITIALLY ISSUE 47 RETAILER LICENSES IN A MANNER THAT EQUITA BLY 16
	2880	+	DISTRIBUTES THE LICE NSES THROUGHOUT THE STATE AT THE RATE OF ONE 17
	2881	+	LICENSE PER SENATORI AL DISTRICT. 18
	2882	+
	2883	+	(II) IN DETERMINING WHETHE R THE AMOUNT OF RETA ILER 19
	2884	+	LICENSES REQUIRED TO BE ISSUED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH 20
	2885	+	HAS BEEN MET, THE COMMISSION MAY NOT IN CLUDE DUAL LICENSES . 21
	2886	+
	2887	+	(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 22
	2888	+	RETAILER, THE COMMISSION SHALL PROM PTLY FORWARD A COPY O F EACH 23
	2889	+	APPLICATION AND HALF OF THE LICENSE APPLI CATION FEE TO THE LO CAL 24
	2890	+	REGULATORY AUTHORITY FOR THE LOCALITY IN WHICH THE APPLICANT DESIRES 25
	2891	+	TO OPERATE THE CANNA BIS ESTABLISHMENT , UNLESS THE LOCALITY HAS NOT 26
	2892	+	DESIGNATED A LOCAL R EGULATOR Y AUTHORITY. 27
	2893	+
	2894	+	(C) THE COMMISSION SHALL AWAR D UP TO 255 POINTS TO COMPLETE 28
	2895	+	APPLICATIONS BASED O N THE FOLLOWING FACT ORS: 29
	2896	+
	2897	+	(1) 65 POINTS AWARDED FOR S ECURITY AND RECORD K EEPING 30
	2898	+	BASED ON THE EXTENT TO WHICH THE SECURIT Y PLAN ACCOUNTS FOR THE 31
	2899	+	PREVENTION OF THEFT OR DIVERSION OF CANN ABIS, INCLUDING SAFE STORA GE OF 32
	2900	+	CANNABIS AND CURRENC Y, TRACKING PROCEDURES , AND A PLAN FOR THE 33 64 SENATE BILL 833
	2901	+
	2902	+
	2903	+	DESTRUCTION AND DISPOSAL OF CANNABIS; 1
	2904	+
	2905	+	(2) 30 POINTS AWARDED FOR K NOWLEDGE AND EXPERIE NCE BASED 2
	2906	+	ON THE APPLICANT ’S PRINCIPAL OFFICERS ’ DEMONSTRATED EXPERIE NCE AND 3
	2907	+	QUALIFICATIONS IN BU SINESS MANAGEMENT OR EXPERIENCE WITH THE CANNABIS 4
	2908	+	INDUSTRY, WHICH MAY BE DEMO NSTRATED THROUGH EXP ERIENCE IN OTHER 5
	2909	+	INDUSTRIES OR TRAINI NG THAT REFLECTS ON AN APPLICANT ’S ABILITY TO 6
	2910	+	OPERATE A CANNABIS B USINESS ESTABLISHMEN T; 7
	2911	+
	2912	+	(3) 65 POINTS AWARDED FOR B USINESS PLAN , FINANCIALS, 8
	2913	+	OPERATING, AND FLOOR PLANS ; 9
	2914	+
	2915	+	(4) 50 POINTS AWARDED FOR STATUS AS A SOCI AL EQUITY APPLICANT 10
	2916	+	BASED ON WHETHER THE APPLICANT MEETS THE QUALIFICATIONS FOR A SOCIAL 11
	2917	+	EQUITY APPLICANT AS SET FORTH IN THIS TI TLE; 12
	2918	+
	2919	+	(5) 15 POINTS AWARDED FOR T HE SUITABILITY OF TH E EMPLOYEE 13
	2920	+	TRAINING PLAN BASED ON THE EXTENT TO WHI CH THE APPLICANT ’S TRAINING PLAN 14
	2921	+	WILL ENSURE EMPLOYEE S UNDERSTAND THE RUL ES AND LAWS , ARE 15
	2922	+	KNOWLEDGEABLE ABOUT SECURITY MEASURES AN D OPERATING PROCEDUR ES, AND 16
	2923	+	ARE ABLE TO ADVISE C ONSUMERS ON HOW TO S AFELY CONSUME PRODUC TS AND 17
	2924	+	USE INDIVIDUAL PRODU CTS THAT ARE OFFERED; 18
	2925	+
	2926	+	(6) 10 POINTS AWARDED FOR A DIVERSITY PLAN BASED ON A 19
	2927	+	NARRATIVE OF NOT MOR E THAN 2,500 WORDS THAT ESTABLISH ES A GOAL OF 20
	2928	+	DIVERSITY IN OWNERSH IP, MANAGEMENT , EMPLOYMENT , AND CONTRACTING TO 21
	2929	+	ENSURE THAT DIVERSE PARTICIPANTS AND GRO UPS ARE AFFORDED EQUALITY OF 22
	2930	+	OPPORTUNITY ; 23
	2931	+
	2932	+	(7) 5 POINTS AWARDED FOR L ABOR AND EMPLOYMENT PRACTICES 24
	2933	+	BASED ON PLANS TO PR OVIDE A SAFE, HEALTHY, AND ECONOMICALLY BEN EFICIAL 25
	2934	+	WORKING ENVIRONMENT FOR THE CANNABIS EST ABLISHMENT ’S AGENTS, 26
	2935	+	INCLUDING CODES OF C ONDUCT, HEALTH CARE BENEFITS, EDUCATIONAL 27
	2936	+	BENEFITS, RETIREMENT BENEFITS , AND LIVING WAGE STAN DARDS; 28
	2937	+
	2938	+	(8) 5 POINTS AWARDED BASED ON AN ENVIRONMENTAL PLAN OF 29
	2939	+	ACTION TO MINIMIZE T HE CARBON FOOTPRINT , ENVIRONMENTAL IMPACT , AND 30
	2940	+	RESOURCE NEEDS FOR T HE DISPENSARY ; 31
	2941	+
	2942	+	(9) 5 POINTS AWARDED BASED ON WHE THER THE APPLICANT I S 26% 32
	2943	+	OR MORE CONTROLLED A ND OWNED BY AN INDIV IDUAL OR INDIVIDUALS WHO MEET 33
	2944	+	THE QUALIFICATIONS O F A VETERAN AS DEFIN ED BY § 9–901 OF THE STATE 34
	2945	+	GOVERNMENT ARTICLE; AND 35 SENATE BILL 833 65
	2946	+
	2947	+
	2948	+
	2949	+	(10) 5 POINTS AWARDED BASED ON WHETHER THE AP PLICANT IS 51% 1
	2950	+	OR MORE OWNED AND CO NTROLLED BY STATE RESIDENTS , WHO CAN PROVE 2
	2951	+	RESIDENCY IN EACH OF THE IMMEDIATELY PREC EDING 5 YEARS WITH TAX 3
	2952	+	RECORDS. 4
	2953	+
	2954	+	(D) THE COMMISSION MAY AWARD UP TO 2 BONUS POINTS FOR A P LAN TO 5
	2955	+	ENGAGE WITH THE COMM UNITY IN WHICH THE APPLICANT WILL BE LO CATED. 6
	2956	+
	2957	+	(E) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AN 7
	2958	+	APPLICANT MAY APPLY FOR CONDITIONAL APPR OVAL IF THE APPLICAN T HAS NOT 8
	2959	+	PURCHASED OR LEASED THE PROPERTY WHERE T HE CANNABIS ESTABLIS HMENT 9
	2960	+	WOULD BE LOCATED . 10
	2961	+
	2962	+	(II) THE COMMISSION MAY REQUIR E AN APPLICANT TO SP ECIFY 11
	2963	+	THE LOCALITY IN WHIC H THE CANNABIS ESTAB LISHMENT IS INTENDED TO 12
	2964	+	OPERATE. 13
	2965	+
	2966	+	(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 14
	2967	+	THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 15
	2968	+
	2969	+	(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE 16
	2970	+	COMMISSION MAY REQUIR E AN APPLICANT TO SE CURE A SITE WITHIN A 17
	2971	+	REASONABLE AMOUNT OF TIME. 18
	2972	+
	2973	+	(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 19
	2974	+	CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 20
	2975	+	BEYOND THE APPLICANT ’S CONTROL. 21
	2976	+
	2977	+	(4) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 22
	2978	+	COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 23
	2979	+	WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 24
	2980	+	SHALL FORWARD THE IN FORMATION TO THE LOCAL REGULATORY AUT HORITY AND 25
	2981	+	APPROVE OR REJECT TH E FINAL APPLICATION WITHIN 45 DAYS. 26
	2982	+
	2983	+	(F) THE COMMISSION MAY PROVID E THAT ANY APPLICANT THAT SCORES 27
	2984	+	ABOVE A SPECIFIED NU MBER OF POINTS MUST BE ENTERED INTO A LO TTERY THAT 28
	2985	+	IS CONDUCTED IN A MA NNER THAT ENSURES EQUITABLE DI STRIBUTION OF 29
	2986	+	RETAILERS THROUGHOUT THE STATE. 30
	2987	+
	2988	+	23–406. 31
	2989	+
	2990	+	(A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2025, THE 32 66 SENATE BILL 833
	2991	+
	2992	+
	2993	+	COMMISSION, IN CONJUNCTION WITH THE OFFICE OF SOCIAL EQUITY, SHALL 1
	2994	+	EVALUATE THE CANNABI S MARKET IN THE STATE AND SOLIC IT INPUT FROM THE 2
	2995	+	PUBLIC AND STAKEHOLD ERS REGARDING : 3
	2996	+
	2997	+	(1) THE EXTENT TO WHICH T HE PROGRAM IS RESULT ING IN SOCIAL 4
	2998	+	EQUITY APPLICANTS TH AT ARE ABLE TO RUN S UCCESSFUL CANNABIS B USINESSES 5
	2999	+	AND TO COMPETE WITH DUAL LICENSES AND OT HER CANNABIS BUSINES SES; 6
	3000	+
	3001	+	(2) DIVERSITY IN OWNERSHI P, MANAGEMENT , AND STAFFING OF THE 7
	3002	+	CANNABIS INDUSTRY IN THE STATE, INCLUDING A REVIEW O F THE DISPARITY 8
	3003	+	STUDY; 9
	3004	+
	3005	+	(3) WHETHER THE TAX RATE AND REVENUE ARE MEET ING GOALS OF 10
	3006	+	DISPLACING THE ILLIC IT MARKET AND GENERA TING REVENUE FOR REI NVESTMENT 11
	3007	+	IN COMMUNITIES , CANNABIS TRAINING , AND OTHER NEEDS , INCLUDING A REVIEW 12
	3008	+	OF HOW TAX RATES COM PARE TO OTHER STATES ; AND 13
	3009	+
	3010	+	(4) ANY ANTICIPATED OR AC TUAL CHANGES TO FEDE RAL LAW OR 14
	3011	+	OTHER FACTORS THAT M AY WARRANT REVISIONS TO THIS TITLE. 15
	3012	+
	3013	+	(B) ON OR BEFOR E JANUARY 1, 2027, AND BEFORE ANY ADDIT IONAL 16
	3014	+	CULTIVATION LICENSES ARE ISSUED UNDER § 23–407 OF THIS SUBTITLE , THE 17
	3015	+	COMMISSION SHALL COMM ISSION A STUDY OF TH E CANNABIS MARKET IN THE 18
	3016	+	STATE, WHICH SHALL ADDRESS : 19
	3017	+
	3018	+	(1) THE EXTENT TO WHICH C ONSUMERS HAVE SAFE , CONVENIENT 20
	3019	+	ACCESS TO LEGAL CANN ABIS AT PRICES THAT ARE LOWER THAN IN TH E ILLICIT 21
	3020	+	MARKET; 22
	3021	+
	3022	+	(2) WHETHER CANNABIS CULT IVATORS, PROCESSORS , AND 23
	3023	+	RETAILERS ARE MEETIN G DEMAND WITHOUT CRE ATING A SURPLUS ; AND 24
	3024	+
	3025	+	(3) WHETHER ADDITIONAL SU PPLY IS NEEDED. 25
	3026	+
	3027	+	(C) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2025, THE 26
	3028	+	COMMISSION SHALL REPO RT ITS RECOMMENDATIO NS, BASED ON THE FINDING S OF 27
	3029	+	THE SOLICITATIONS CO NDUCTED UNDER SUBSEC TION (A) OF THIS SECTION, TO THE 28
	3030	+	GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 29
	3031	+	ARTICLE, FOR ANY CHANGES TO C ANNABIS REGULATION A ND TAXATION , 30
	3032	+	INCLUDING: 31
	3033	+
	3034	+	(1) ANY CHANGES TO THE TA X RATE AND METHOD ; AND 32
	3035	+	SENATE BILL 833 67
	3036	+
	3037	+
	3038	+	(2) WHETHER AND UNDER WHA T CONDITIONS TO ALLO W THE IMPORT 1
	3039	+	AND EXPORT OF CANNAB IS TO OTHER STATES . 2
	3040	+
	3041	+	23–407. 3
	3042	+
	3043	+	(A) THE COMMISSION MAY ACCEPT ADDITIONAL APPLICATI ONS FOR 4
	3044	+	CULTIVATORS AND RETA ILERS BEGINNING FEBRUARY 1, 2027. 5
	3045	+
	3046	+	(B) ADDITIONAL CULTIVATIO N LICENSES MAY BE IS SUED ONLY IF THE 6
	3047	+	STUDY DONE IN ACCORD ANCE WITH § 23–406(B) OF THIS SUBTITLE DET ERMINES 7
	3048	+	THAT ADDITIONAL SU PPLY IS NEEDED. 8
	3049	+
	3050	+	(C) THE NUMBER OF LICENSE S ISSUED AND THE LIC ENSED CULTIVATION 9
	3051	+	SPACE SHALL BE DESIG NED TO MEET PROJECTE D DEMAND, INCLUDING FACTORING 10
	3052	+	IN THE PERCENT OF LI CENSED SPACE THAT MA Y NOT BE USED. 11
	3053	+
	3054	+	(D) IN DETERMINING THE NU MBER OF ADDITIONAL R ETAIL OR 12
	3055	+	CULTIVATION LICENSES TO ISSUE, THE COMMISSION SHALL CONS IDER: 13
	3056	+
	3057	+	(1) THE EXTENT TO WHICH C ONSUMERS WILL HAVE S AFE, 14
	3058	+	CONVENIENT ACCESS TO LEGAL CANNABIS AT PR ICES THAT ARE LOWER THAN THE 15
	3059	+	ILLICIT MARKET; 16
	3060	+
	3061	+	(2) EXPECTED CULTIVATION EXPANSION BY EXISTIN G CULTIVATORS ; 17
	3062	+	AND 18
	3063	+
	3064	+	(3) THE ANTICIPATED OR AC TUAL OPENING OF AN I NTERSTATE OR 19
	3065	+	INTERNATIONAL MARKET FOR CANNABIS PRODUCT S. 20
	3066	+
	3067	+	(E) THE COMMISSION MAY LIMIT SOME OR ALL OF THE L ICENSES ISSUED 21
	3068	+	UNDER THIS SECTION T O SOCIAL EQUITY APPL ICANTS OR MINORITY B USINESS 22
	3069	+	APPLICANTS IF DOING SO IS NEEDED TO ENSU RE DIVERSITY AND INC LUSION IN THE 23
	3070	+	INDUSTRY, AS WARRANTED BY THE DISPARITY STUDY . 24
	3071	+
	3072	+	(F) LICENSES UNDER THIS S ECTION SHALL BE ISSU ED BY SCORING ALL 25
	3073	+	APPLICATIONS AND ENT ERING ALL APPLICANTS THAT ARE DETERMINED TO HAVE A 26
	3074	+	SUFFICIENT SCORE INT O A LOTTERY. 27
	3075	+
	3076	+	23–408. 28
	3077	+
	3078	+	(A) NOT EARLIER THAN 6 MONTHS AFTER BEGINNI NG TO ISSUE LICENSES 29
	3079	+	TO SOCIAL EQUITY APP LICANTS UNDER § 23–404 OF THIS SUBTITLE , THE 30
	3080	+	COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING APPLICATIONS FOR 31 68 SENATE BILL 833
	3081	+
	3082	+
	3083	+	LICENSES TO OPER ATE AS A CLASS A OR CLASS B PROCESSOR FROM ANY Q UALIFIED 1
	3084	+	APPLICANT. 2
	3085	+
	3086	+	(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 3
	3087	+	CLASS A OR CLASS B PROCESSOR, THE COMMISSION SHALL IMME DIATELY 4
	3088	+	FORWARD A COPY OF EA CH APPLICATION AND H ALF OF THE LICENSE A PPLICATION 5
	3089	+	FEE TO THE LOCAL REG ULATORY AUTHORITY FO R THE LOCALITY IN WH ICH THE 6
	3090	+	APPLICANT DESIRES TO OPERATE THE CANNABIS ESTABLISHMENT , UNLESS THE 7
	3091	+	LOCALITY HAS NOT DES IGNATED A LOCAL REGU LATORY AUTHORITY . 8
	3092	+
	3093	+	(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RENEWAL 9
	3094	+	APPLICATION, THE COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL 10
	3095	+	LICENSE TO THE APPLI CANT, UNLESS THE COMMISSION: 11
	3096	+
	3097	+	(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 12
	3098	+	REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 13
	3099	+
	3100	+	(2) IS NOTIFIED BY T HE RELEVANT LOCALITY THAT THE APPLICANT 14
	3101	+	IS NOT IN COMPLIANCE WITH LOCAL ZONING OR PLANNING LAWS . 15
	3102	+
	3103	+	(D) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 16
	3104	+	APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE 17
	3105	+	PROCESSOR WOULD BE L OCATED. 18
	3106	+
	3107	+	(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 19
	3108	+	THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 20
	3109	+
	3110	+	(3) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 21
	3111	+	COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 22
	3112	+	WHERE THE PROCESSOR IS TO BE LOCATED, THE COMMISSION SHALL FORW ARD THE 23
	3113	+	INFORMATION TO THE L OCAL REGULATORY AUTH ORITY AND APPROVE OR REJECT 24
	3114	+	THE FINAL APPLICATIO N WITHIN 45 DAYS. 25
	3115	+
	3116	+	SUBTITLE 5. LOCAL REGULATIONS. 26
	3117	+
	3118	+	23–501. 27
	3119	+
	3120	+	(A) AN ON–SITE CONSUMPTION EST ABLISHMENT MAY OPERA TE ONLY IF 28
	3121	+	THE LOCAL REGULATORY AUTHORITY IN THE LOC ALITY WHERE IT IS LO CATED 29
	3122	+	ISSUED A PERMIT OR L ICENSE THAT EXPRESSL Y ALLOWS THE OPERATI ON OF THE 30
	3123	+	ON–SITE CONSUMPTION EST ABLISHMENT . 31
	3124	+
	3125	+	(B) (1) EXCEPT AS PROVIDED IN THIS SUBSECTION , A LOCALITY MAY 32 SENATE BILL 833 69
	3126	+
	3127	+
	3128	+	PROHIBIT THE OPERAT ION OF ANY OR ALL TY PES OF CANNABIS ESTA BLISHMENTS 1
	3129	+	WITHIN ITS JURISDICT ION THROUGH THE ENAC TMENT OF AN ORDINANC E OR 2
	3130	+	THROUGH AN INITIATED OR REFERRED MEASURE . 3
	3131	+
	3132	+	(2) AN INITIATED OR REFER RED MEASURE TO PROHI BIT THE 4
	3133	+	OPERATION OF CANNABI S ESTABLISHMENTS MUS T APPEAR ON A GENERAL 5
	3134	+	ELECTION BALLOT . 6
	3135	+
	3136	+	(3) A LOCALITY MAY NOT : 7
	3137	+
	3138	+	(I) PROHIBIT TRANSPORTATI ON THROUGH THE LOCAL ITY OR 8
	3139	+	DELIVERIES WITHIN TH E LOCALITY BY CANNAB IS ESTABLISHMENTS LO CATED IN 9
	3140	+	OTHER JURISDICTIONS ; 10
	3141	+
	3142	+	(II) PROHIBIT OR IMPACT A BUSINESS LICENSED UNDER TITLE 11
	3143	+	13, SUBTITLE 33 OF THIS ARTICLE , REGARDLESS OF WHETHE R THE BUSINESS IS 12
	3144	+	GRANTED A LICENSE UN DER THIS TITLE; OR 13
	3145	+
	3146	+	(III) PREVENT AN ENTITY LIC ENSED UNDER TITLE 13, SUBTITLE 14
	3147	+	33 OF THIS ARTICLE THAT IS IN COMPLIANCE WIT H ALL RELEVANT MEDI CAL 15
	3148	+	CANNABIS REGULATIONS FROM BEING GRANTED A DUAL LICENSE. 16
	3149	+
	3150	+	(C) A PERSON SEEKING LICEN SURE AS A CANNABIS E STABLISHMENT SHALL 17
	3151	+	MEET LOCAL ZONING AN D PLANNING REQUIREME NTS. 18
	3152	+
	3153	+	(D) A LOCALITY MAY NOT NEG OTIATE OR ENTER INTO AN AGREEMENT WITH 19
	3154	+	A CANNABIS ESTABL ISHMENT OR A CANNABI S ESTABLISHMENT APPL ICANT 20
	3155	+	REQUIRING THAT THE C ANNABIS ESTABLISHMEN T OR APPLICANT PROVI DE MONEY, 21
	3156	+	DONATIONS, IN–KIND CONTRIBUTIONS , SERVICES, OR ANYTHING OF VALUE TO THE 22
	3157	+	LOCALITY. 23
	3158	+
	3159	+	SUBTITLE 6. CRIMINAL AND CIVIL IMMUNITIES AND LIABILITIES. 24
	3160	+
	3161	+	23–601. 25
	3162	+
	3163	+	(A) IN THIS SECTION , “PROCESSING” AND “MANUFACTURING ” DO NOT 26
	3164	+	INCLUDE: 27
	3165	+
	3166	+	(1) PERFORMING EXTRACTION S USING SOLVENTS OTH ER THAN 28
	3167	+	WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 29
	3168	+	ETHANOL; OR 30
	3169	+
	3170	+	(2) EXTRACTING COMPOUNDS FROM CANNAB IS USING ETHANOL IN 31 70 SENATE BILL 833
	3171	+
	3172	+
	3173	+	THE PRESENCE OR VICI NITY OF OPEN FLAME . 1
	3174	+
	3175	+	(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, EXCEPT AS 2
	3176	+	OTHERWISE PROVIDED I N THIS SUBTITLE , THE FOLLOWING ACTS A RE NOT 3
	3177	+	UNLAWFUL UNDER STATE LAW OR THE LAW OF ANY POLITICAL SUB DIVISION OF THE 4
	3178	+	STATE OR A BASIS FOR SEIZURE OR FORFEITUR E OF ASSETS UNDER STATE LAW FOR 5
	3179	+	INDIVIDUALS WHO ARE AT LEAST 21 YEARS OLD: 6
	3180	+
	3181	+	(1) POSSESSING, CONSUMING , GROWING, USING, PROCESSING, 7
	3182	+	MANUFACTURING , PURCHASING , OR TRANSPORTING AN A MOUNT OF CANNABIS 8
	3183	+	THAT DOES NOT E XCEED THE PERSONAL U SE AMOUNT; 9
	3184	+
	3185	+	(2) TRANSFERRING AN AMOUN T OF CANNABIS THAT D OES NOT 10
	3186	+	EXCEED THE PERSONAL USE AMOUNT TO AN IND IVIDUAL WHO IS AT LE AST 21 YEARS 11
	3187	+	OLD WITHOUT REMUNERA TION; 12
	3188	+
	3189	+	(3) CONTROLLING PROPERTY WHERE ACTIONS DESCRI BED IN ITEM 13
	3190	+	(1) OR (2) OF THIS SUBSECTION O CCUR; OR 14
	3191	+
	3192	+	(4) ASSISTING ANOTHER IND IVIDUAL WHO IS AT LE AST 21 YEARS OLD 15
	3193	+	IN AN ACT DESCRIBED IN ITEM (1) OR (2) OF THIS SUBSECTION . 16
	3194	+
	3195	+	(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, UNLESS THE 17
	3196	+	COURT OR THE MARYLAND PAROLE COMMISSION MAKES A SP ECIFIC FINDING THAT 18
	3197	+	AN INDIVIDUAL DEFEND ANT’S, PAROLEE’S, OR PROBATIONER ’S USE OF CANNABIS 19
	3198	+	COULD CREATE A DANGE R TO THE INDIVIDUAL OR OTHER PERSONS , IT IS NOT A 20
	3199	+	VIOLATION OF CONDITI ONS OF PRETRIAL RELE ASE, PAROLE, OR PROBATION TO : 21
	3200	+
	3201	+	(1) ENGAGE IN CONDUCT ALL OWED BY THIS SECTION ; OR 22
	3202	+
	3203	+	(2) TEST POSITIVE FOR CAN NABIS, 23
	3204	+	DELTA–9–TETRAHYDROCANNABINOL , OR ANY OTHER CANNABI NOID. 24
	3205	+
	3206	+	23–602. 25
	3207	+
	3208	+	(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IT IS NOT 26
	3209	+	UNLAWFUL UNDER STATE LAW AND MAY NOT BE A BASIS FOR SEIZURE OR 27
	3210	+	FORFEITURE OF ASSETS UNDER STATE LAW FOR A CANNA BIS ESTABLISHMENT WI TH 28
	3211	+	A VALID LICENSE , OR A PERSON WHO IS A CTING IN THE PERSON ’S CAPACITY AS 29
	3212	+	CANNABIS ESTABLISHME NT AGENT, TO ENGAGE IN ANY ACT IVITIES INVOLVING 30
	3213	+	CANNABIS, CANNABIS ACCESSORIE S, OR CANNABIS PRODUCTS IF THE PERSON 31
	3214	+	CONDUCTING THE ACTIV ITIES POSSESSES A CU RRENT, VALID LICENSE TO OPE RATE 32
	3215	+	A CANNABIS ESTABLISH MENT, OR IS ACTING IN THE PERSON’S CAPACITY AS A 33 SENATE BILL 833 71
	3216	+
	3217	+
	3218	+	CANNABIS ESTABLISHME NT AGENT, AND THE ACTIVITIES A RE WITHIN THE SCOPE OF 1
	3219	+	ACTIVITIES ALLOWED BY TH E COMMISSION FOR THAT T YPE OF CANNABIS 2
	3220	+	ESTABLISHMENT . 3
	3221	+
	3222	+	(B) THIS SECTION DOES NOT PREVENT THE IMPOSITI ON OF PENALTIES FOR 4
	3223	+	VIOLATING THIS TITLE OR REGULATIONS ADOPT ED BY THE COMMISSION OR 5
	3224	+	LOCALITIES IN ACCORD ANCE WITH THIS TITLE . 6
	3225	+
	3226	+	23–603. 7
	3227	+
	3228	+	(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IT IS NOT 8
	3229	+	UNLAWFUL UNDER STATE LAW OR THE LAW OF A POLITICAL SUBDI VISION OF THE 9
	3230	+	STATE OR A BASIS FOR SEIZURE OR FORFEITUR E OF ASSETS FOR AN I NDIVIDUAL 10
	3231	+	WHO IS AT LEAST 21 YEARS OLD TO MANUFAC TURE, POSSESS, OR PURCHASE 11
	3232	+	CANNABIS ACCESSORIES , OR TO DISTRIBUTE OR SELL CANNABIS ACCESS ORIES TO: 12
	3233	+
	3234	+	(1) AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD; OR 13
	3235	+
	3236	+	(2) AN INDIVIDUAL WHO IS A QUALIFYING PATIENT UNDER TITLE 13, 14
	3237	+	SUBTITLE 33 OF THIS ARTICLE. 15
	3238	+
	3239	+	(B) EXCEPT AS PROVIDE D IN THIS SECTION , AN INDIVIDUAL WHO IS AT 16
	3240	+	LEAST 21 YEARS OLD MAY MANUFA CTURE, POSSESS, AND PURCHASE CANNABI S 17
	3241	+	ACCESSORIES AND DIST RIBUTE OR SELL CANNA BIS ACCESSORIES TO A PERSON WHO 18
	3242	+	IS AT LEAST 21 YEARS OLD. 19
	3243	+
	3244	+	(C) THIS SECTION IS INCLU DED TO SATISFY THE R EQUIREMENTS OF 21 20
	3245	+	U.S.C. § 863(F) BY AUTHORIZING , UNDER STATE LAW, A PERSON IN COMPLIAN CE 21
	3246	+	WITH THIS SUBTITLE T O MANUFACTURE , POSSESS, OR DISTRIBUTE CANNAB IS 22
	3247	+	ACCESSORIES. 23
	3248	+
	3249	+	(D) THIS SECTION DOES NOT PREVENT THE IMPOSITI ON OF PENALTIES FOR 24
	3250	+	VIOLATING CONSUMER SAFETY OR BUSINESS L ICENSING LAWS OR REG ULATIONS. 25
	3251	+
	3252	+	23–604. 26
	3253	+
	3254	+	(A) ANY OF THE FOLLOWING PERSONS ACTING IN AC CORDANCE WITH THE 27
	3255	+	PROVISIONS OF THIS T ITLE MAY NOT BE SUBJ ECT TO ARREST , PROSECUTION , OR 28
	3256	+	ANY CIVIL OR ADMINIS TRATIVE PENALTY , INCLUDING A CIVIL PE NALTY OR 29
	3257	+	DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD , OR BE DENIED ANY 30
	3258	+	RIGHT OR PRIVILEGE , FOR THE USE , POSSESSION, MANUFACTURE , 31
	3259	+	TRANSPORTATION , OR DISTRIBUTION OF C ANNABIS: 32
3305	3260		72 SENATE BILL 833
3306	3261
3307	3262
3308		-	(4) ~~ASSISTING ANOTHER IND IVIDUAL~~ WHO IS AT ~~LE AST~~ 21 YEARS OLD 1
3309		-	IN AN ~~ACT DESCRIBED IN ITEM (1)~~ OR ~~(2) OF THIS SUBSECTION .~~ 2
3310		-
3311		-	~~(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, UNLESS THE 3~~
3312		-	~~COURT~~ OR ~~THE MARYLAND PAROLE COMMISSION MAKES A SPECIFIC FIN DING THAT~~ 4
3313		-	~~AN INDIVIDUAL DEFEND ANT’S, PAROLEE’S, OR PROBATIONER ’S USE OF~~ CANNABIS 5
3314		-	~~COULD CREATE A DANGE R TO THE INDIVIDUAL OR OTHER PERSONS , IT IS NOT A 6~~
3315		-	~~VIOLATION OF CONDITI ONS OF PRETRIAL RELE ASE~~, ~~PAROLE~~, OR ~~PROBATION TO : 7~~
3316		-
3317		-	~~(1) ENGAGE IN CONDUCT ALLOWED BY THIS SECTION; OR 8~~
3318		-
3319		-	~~(2)~~ TEST ~~POSITIVE FOR CAN NABIS~~, 9
3320		-	~~DELTA–9–TETRAHYDROCANNABINOL , OR ANY OTHER CANNABI NOID~~. 10
3321		-
3322		-	~~23–602.~~ 11
3323		-
3324		-	~~(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W,~~ ~~IT IS NOT 12~~
3325		-	~~UNLAWFUL UNDER STATE LAW AND MAY NOT BE A BASIS FOR SEIZU RE~~ OR 13
3326		-	~~FORFEITURE~~ OF ~~ASSETS UNDER STATE LAW FOR A CANNA BIS ESTABLISHMENT WI TH 14~~
3327		-	~~A VALID LICENSE , OR A PERSON WHO~~ IS ~~A CTING IN THE PERSON ’S~~ ~~CAPACITY AS 15~~
3328		-	~~CANNABIS ESTABLISHME NT AGENT, TO ENGAGE IN ANY ACT IVITIES INVOLVING 16~~
3329		-	~~CANNABIS~~, ~~CANNABIS ACCESSORIES , OR CANNA BIS PRODUCTS IF~~ THE ~~PERSON~~ 17
3330		-	~~CONDUCTING THE ACTIV ITIES POSSESSES~~ A ~~CU RRENT~~, ~~VALID LICENSE TO OPE RATE~~ 18
3331		-	~~A CANNABIS ESTABLISH MENT~~, OR ~~IS ACTING IN THE PERSON’S CAPACITY AS A~~ 19
3332		-	~~CANNABIS ESTABLISHME NT AGENT,~~ ~~AND THE ACTIVITIES A RE WITHIN THE SCOPE~~ OF 20
3333		-	~~ACTIVITIES ALLO WED BY~~ THE ~~COMMISSION FOR THAT T YPE OF CANNABIS~~ 21
3334		-	~~ESTABLISHMENT~~ . 22
3335		-
3336		-	(B) ~~THIS SECTION DOES~~ NOT ~~PREVENT THE IMPOSITI~~ ON ~~OF PENALTIES FOR~~ 23
3337		-	~~VIOLATING THIS~~ TITLE ~~OR REGULATIONS ADOPT ED BY~~ THE ~~COMMISSION OR~~ 24
3338		-	~~LOCALITIES IN ACCORD ANCE WITH THIS TITLE .~~ 25
3339		-
3340		-	~~23–603. 26~~
3341		-
3342		-	~~(A) NOTWITHSTANDING ANY O THER PROVISION~~ OF ~~LA W,~~ ~~IT IS NOT 27~~
3343		-	~~UNLAWFUL~~ UNDER ~~STATE LAW OR THE LAW OF A POLITICAL SUBDI VISION OF THE 28~~
3344		-	~~STATE OR A BASIS FOR SEIZURE OR FORFEITUR E OF ASSETS FOR AN I NDIVIDUAL 29~~
3345		-	~~WHO IS AT LEAST 21 YEARS OLD TO MANUFAC TURE,~~ ~~POSSESS, OR PURCHASE~~ 30
3346		-	~~CANNABIS ACCESSORIES ,~~ OR ~~TO DISTRIBUTE OR SELL CANNABIS ACCESS ORIES TO:~~ 31
3347		-
3348		-	(1) ~~AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD;~~ OR 32
3349		-
3350		-	~~(2) AN~~ INDIVIDUAL ~~WHO IS A QUALIFYING PATIENT UNDER TITLE 13,~~ 33
3351		-	~~SUBTITLE 33 OF THIS ARTICLE. 34 SENATE BILL 833 73~~
3352		-
3353		-
3354		-
3355		-	~~(B) EXCEPT AS PROVIDED IN THIS SECTION, AN INDIVIDUAL WHO IS AT 1~~
3356		-	~~LEAST 21 YEARS OLD MAY MANUFA CTURE, POSSESS, AND PURCHASE CANNABI S 2~~
3357		-	~~ACCESSORIES AND DIST RIBUTE OR SELL CANNA BIS ACCESSORIES TO A PERSON WHO~~ 3
3358		-	~~IS AT LEAST 21 YEARS OLD.~~ 4
3359		-
3360		-	~~(C) THIS SECTION IS INCLU DED TO SATISFY THE R EQUIREMEN TS OF 21 5~~
3361		-	~~U.S.C. § 863~~(F) ~~BY AUTHORIZING , UNDER STATE LAW,~~ ~~A PERSON IN COMPLIAN CE~~ 6
3362		-	~~WITH THIS SUBTITLE T O MANUFACTURE , POSSESS, OR DISTRIBUTE CANNAB IS~~ 7
3363		-	~~ACCESSORIES. 8~~
3364		-
3365		-	~~(D) THIS SECTION DOES NOT PREVENT THE IMPOSITI ON OF PENALTIES~~ FOR 9
3366		-	~~VIOLATING CONSUMER S AFETY OR BUSINESS LICENSIN G LAWS OR REGULATION S. 10~~
3367		-
3368		-	~~23–604. 11~~
3369		-
3370		-	~~(A) ANY OF THE FOLLOWING PERSONS ACTING IN AC CORDANCE WITH THE 12~~
3371		-	~~PROVISIONS OF~~ THIS ~~T ITLE MAY~~ NOT ~~BE SUBJ ECT~~ TO ~~ARREST , PROSECUTION , OR 13~~
3372		-	~~ANY CIVIL OR ADMINIS TRATIVE PENALTY , INCLUDING~~ A ~~CIVIL PE NALTY OR 14~~
3373		-	~~DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD ,~~ OR ~~BE DENIED ANY 15~~
3374		-	~~RIGHT~~ OR ~~PRIVILEGE , FOR THE USE , POSSESSION, MANUFACTURE , 16~~
3375		-	~~TRANSPORTATION , OR DISTRIBUTION OF C ANNABIS: 17~~
3376		-
3377		-	(1) ~~AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD~~ IN ~~POSSESS ION 18~~
3378		-	OF AN ~~AMOUNT OF CANN ABIS~~ OR ~~CANNABIS PRO DUCT FOR ADULT USE T HAT DOES 19~~
3379		-	~~NOT EXCEED THE PERSONAL USE AMOUNT;~~ 20
3380		-
3381		-	~~(2) A CANNABIS ESTABLISHME NT LICENSED UNDER TH IS TITLE~~ OR 21
3382		-	~~THE CANNABIS ESTABLI SHMENT AGENT ;~~ 22
3383		-
3384		-	(3) ~~A HOSPITAL~~, ~~MEDICAL FACILITY , OR HOSPICE PROGRAM W HERE~~ 23
3385		-	~~A QUALIFYING PATIENT IS RECEIVING TREATME NT;~~ OR 24
3386		-
3387		-	~~(4)~~ A ~~THIRD–PARTY VENDOR AUTHORI ZED BY THE COMMISSION TO 25~~
3388		-	~~TEST, TRANSPORT, OR DISPOSE OF CANNAB IS,~~ CANNABIS ~~PRODUCTS , OR CANNABIS 26~~
3389		-	~~WASTE UNDER THE PROV ISIONS OF THIS TITLE. 27~~
3390		-
3391		-	~~(B) (1) EXCEPT AS PROVIDED IN THIS SECTION,~~ ~~NEITHER THE STATE NOR 28~~
3392		-	~~ANY~~ OF ~~ITS POLITICAL SUBDIVISIONS MAY IMP OSE ANY PENALTY~~ OR ~~D ENY ANY 29~~
3393		-	~~BENEFIT OR ENTITLEME NT FOR~~ CONDUCT ~~PERMI TTED~~ UNDER THIS ~~TITL E OR FOR 30~~
3394		-	~~THE PRESENCE OF CANN ABINOIDS OR CANNABIN OID METABOLITES IN T HE URINE, 31~~
3395		-	~~BLOOD, SALIVA,~~ ~~BREATH, HAIR,~~ OR ~~OTHER TISSUE OR F LUID OF AN INDIVIDU AL WHO~~ 32
3396		-	~~IS AT LEAST 21 YEARS OLD. 33~~
3397		-	~~74 SENATE BILL 833~~
3398		-
3399		-
3400		-	~~(2) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR 1~~
3401		-	~~ANY OF ITS POLITICAL SUBDIVISIONS MAY DEN Y A DRIVER ’S LICENSE, A 2~~
3402		-	~~PROFESSIONAL LICENSE , HOUSING ASSISTANCE , SOCIAL SERVICES , OR OTHER 3~~
3403		-	~~BENEFITS BASED ON CA NNABIS USE~~ OR ~~FOR THE PR ESENCE OF CANNABINOI DS OR~~ 4
3404		-	~~CANNABINOID METABOLI TES IN THE URINE , BLOOD,~~ ~~SALIVA, BREATH,~~ ~~HAIR, OR~~ 5
3405		-	~~OTHER TISSUE~~ OR ~~FLUI D OF AN INDIVIDUAL W HO IS AT LEAST 21 YEARS OLD.~~ 6
3406		-
3407		-	~~(C) AN INDIVIDUAL MAY NOT BE DENIED CUSTODY OF OR VISITATION WITH 7~~
3408		-	~~A MINOR FOR ACTING IN A CCORDANCE WITH THIS TITLE, UNLESS THE INDIVIDUA L’S 8~~
3409		-	~~BEHAVIOR IS SUCH THA T IT CREATES~~ AN ~~UNRE ASONABLE DANGER TO T HE MINOR~~ 9
3410		-	~~THAT CAN~~ BE ~~CLEARLY ARTICULATED AND SUBS TANTIATED.~~ 10
3411		-
3412		-	~~(D) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR ANY 11~~
3413		-	~~OF ITS POLITICAL SUB DIVISIONS MAY DENY E MPLOYMENT OR A CONTR ACT TO AN~~ 12
3414		-	~~INDIVIDUAL FOR ENGAG ING IN CONDUCT AUTHO RIZED UNDER THIS TIT LE, FOR: 13~~
3415		-
3416		-	~~(1) A PRIOR CONVICTION FOR A NONVIOLENT CANNABI S OFFENSE~~ 14
3417		-	~~THAT DOES NOT INVOLV E DISTRIBUTION TO MI NORS; OR 15~~
3418		-
3419		-	~~(2) TESTING POSITIVE~~ FOR ~~THE PRESENCE OF CANN ABINOIDS OR~~ 16
3420		-	~~CANNABINOID METABOLI TES IN THE URINE , BLOOD,~~ ~~SALIVA, BREATH, HAIR, OR~~ 17
3421		-	~~OTHER TISSUE OR FLUI D OF THE INDIVIDUAL ’S BODY. 18~~
3422		-
3423		-	~~(E) FOR THE PURPOSES OF M EDICAL CARE, INCLUDING ORGAN AND TISSUE 19~~
3424		-	~~TRANSPLANTS : 20~~
3425		-
3426		-	~~(1) THE USE OF CANNABIS D OES NOT CONSTITUTE T HE USE OF AN~~ 21
3427		-	~~ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY AN INDIVIDUAL FROM N EEDED 22~~
3428		-	~~MEDICAL CARE ; AND 23~~
3429		-
3430		-	~~(2) MAY~~ BE ~~CONSIDERED ONL Y WITH RESPECT TO EV IDENCE–BASED~~ 24
3431		-	~~CLINICAL CRITERIA .~~ 25
3432		-
3433		-	~~(F) (1) THIS SECTION DOES NOT PREVENT A GOVERN MENT EMPLOYER 26~~
3434		-	~~FROM DISCIPLINING AN EMPLOYEE~~ OR ~~CONTRACT OR FOR:~~ 27
3435		-
3436		-	~~(I) INGESTING CANNABIS IN THE WORKPLACE ; OR 28~~
3437		-
3438		-	~~(II) WORKING WHILE IMPAIRE D BY CANNABIS. 29~~
3439		-
3440		-	~~(2) THE PROTECTIONS PROVI DED BY THIS SECTION DO~~ NOT ~~APPLY TO 30~~
3441		-	~~THE EXTENT THAT THEY CONFLICT WITH A GOVERNMENT EMPLOYER ’S 31~~
3442		-	~~OBLIGATIONS UNDER FE DERAL LAW OR TO THE EXTENT THAT THEY WOU LD 32 SENATE BILL 833 75~~
3443		-
3444		-
3445		-	~~DISQUALIFY~~ THE ~~ENTIT Y FROM~~ A ~~MONETARY OR LICENSING–RELATED BENEFIT 1~~
3446		-	~~UNDER FEDERAL LAW . 2~~
3447		-
3448		-	~~(3) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 3~~
3449		-	~~AND DOES~~ NOT ~~PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE,~~ OR 4
3450		-	~~OTHER PENALTIES~~ , INCLUDING ~~DISCIPLINE~~ OR ~~TERMINATION BY A GOVERNMENT 5~~
3451		-	~~EMPLOYER FOR ENGAGIN G~~ IN~~, ANY TASK WHILE UNDER THE INFLUENCE~~ OF 6
3452		-	~~CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIG ENCE~~ OR ~~PROFESSIONAL 7~~
3453		-	~~MALPRACTICE~~ . 8
3454		-
3455		-	~~(4) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 9~~
3456		-	~~AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE, OR 10~~
3457		-	~~OTHER PENALTIES , INCLUDING DISCIPLINE OR TERMINATION BY A GOVERNMENT 11~~
3458		-	~~EMPLOYER OR RE VOCATION OF A DRIVER ’S LICENSE, FOR DRIVING WHILE IM PAIRED 12~~
3459		-	~~BY CANNABIS.~~ 13
3460		-
3461		-	~~(G) TO THE EXTENT ALLOWAB LE, A PERSON IS NOT CONS IDERED 14~~
3462		-	~~INELIGIBLE TO POSSES S A FIREARM UNDER FE DERAL LAW OR TO BE A N UNLAWFUL 15~~
3463		-	~~USER~~ OF ~~OR ADDICTED TO A CONTROLLED DANG EROUS SUBSTANCE SOLELY~~ 16
3464		-	~~BECAUSE OF CONDUCT A UTHORIZED UNDER THIS TITLE.~~ 17
3465		-
3466		-	~~(H) A PERSON MAY NOT BE DE NIED A STATE FIREARM LICENSE OR PERMIT, 18~~
3467		-	~~INCLUDING A CONCEALE D CARRY PERMIT~~ , ~~SOLELY BECAUSE OF CO NDUCT~~ 19
3468		-	~~AUTHORIZED~~ UNDER ~~THI S TITLE.~~ 20
3469		-
3470		-	~~23–605. 21~~
3471		-
3472		-	~~(A) A HOLDER OF A PROFESSIONAL OR OCCU PATIONAL LICENSE MAY NOT 22~~
3473		-	~~BE SUBJECT TO PROFES SIONAL DISCIPLINE FO R PROVIDING ADVICE O R SERVICES~~ 23
3474		-	~~RELATED TO CANNABIS ESTABLISHMENTS~~ OR ~~AP PLICATIONS TO OPERAT E~~ 24
3475		-	~~CANNABIS ESTABLISHME NTS ON~~ THE ~~BASIS THA T CANNABIS IS ILLEGA L UNDER~~ 25
3476		-	~~FEDERAL LA W~~. 26
3477		-
3478		-	~~(B) AN APPLICANT FOR A PR OFESSIONAL OR OCCUPA TIONAL LICENSE MAY~~ 27
3479		-	~~NOT BE DENIED A LICE NSE BASED ON PREVIOU S EMPLOYMENT RELATED TO 28~~
3480		-	~~CANNABIS ESTABLISHME NTS OPERATING~~ IN ~~ACC ORDANCE WITH STATE LAW.~~ 29
3481		-
3482		-	~~23–606.~~ 30
3483		-
3484		-	~~(A) FOR THE PURPOSES OF STATE LAW, ACTIONS RELATED TO CANNABIS 31~~
3485		-	~~ARE CONSIDERED LAWFU L~~ AS ~~LONG AS THEY AR E~~ IN ~~ACCORDANCE WITH~~ THIS ~~TITLE.~~ 32
3486		-	~~76 SENATE BILL 833~~
3487		-
3488		-
3489		-	~~(B) AN AGENCY OR~~ A ~~POLITI CAL SUBDIVISION OF T HE STATE MAY NOT RELY 1~~
3490		-	~~ON A VIOLATION OF FE DERAL LAW RELATED TO CANNABIS AS THE SOLE BASIS FOR 2~~
3491		-	~~TAKING AN ADVERSE AC TION AGAINST A PERSON .~~ 3
3492		-
3493		-	~~23–607. 4~~
3494		-
3495		-	~~(A) IT IS THE PUBLIC POLI CY OF THE STATE THAT CONTRACTS RELATED TO 5~~
3496		-	~~THE OPERATION OF A C ANNABIS ESTABLISHMEN T LICENSED IN ACCORD ANCE WITH 6~~
3497		-	~~THIS SUBTITLE ARE EN FORCEABLE. 7~~
3498		-
3499		-	~~(B) IT IS~~ THE ~~PUBLIC POLI CY OF THE STATE THAT NO CONT RACT ENTERED 8~~
3500		-	~~INTO BY A LICENSED C ANNABIS ESTABLISHMEN T OR ITS AGENTS AS A UTHORIZED IN 9~~
3501		-	~~ACCORDANCE WITH A VA LID LICENSE,~~ OR ~~BY THOSE WHO ALLO W PROPERTY TO BE~~ 10
3502		-	~~USED BY A CANNABIS E STABLISHMENT~~ , ~~ITS EMPLOYEES~~ , OR ~~ITS AGENTS AS~~ 11
3503		-	~~AUTHORIZED IN ACCORD ANCE WITH A VA LID LICENSE, SHALL BE UNENFORCEAB LE~~ 12
3504		-	~~ON THE BASIS THAT CU LTIVATING, OBTAINING, MANUFACTURING , DISTRIBUTING, 13~~
3505		-	~~DISPENSING, TRANSPORTING , SELLING,~~ ~~POSSESSING,~~ OR ~~USING CANNABIS IS 14~~
3506		-	~~PROHIBITED BY FEDERA L LAW. 15~~
3507		-
3508		-	~~23–608. 16~~
3509		-
3510		-	~~(A)~~ A ~~LAW ENFORCEMENT OFFI CER EMPLOYED BY AN AGENCY THAT~~ 17
3511		-	~~RECEIVES STATE~~ OR ~~LOCAL GOVERN MENT FUNDS MAY NOT E XPEND STATE OR~~ 18
3512		-	~~LOCAL RESOURCES , INCLUDING THE OFFICE R’S TIME, TO EFFECT ANY ARREST OR 19~~
3513		-	~~SEIZURE OF CANNABIS~~ , OR ~~CONDUCT ANY INVES TIGATION,~~ ~~ON THE SOLE BASIS OF 20~~
3514		-	~~ACTIVITY~~ THE ~~OFFICER BELIEVES TO CONSTITUTE A VIOLATI ON~~ OF ~~FEDERAL LAW IF 21~~
3515		-	~~THE OFFICER HAS REAS ON TO BELIEVE~~ THAT ~~T HE ACTIVITY IS IN COMPLIANCE~~ WITH 22
3516		-	~~THIS TITLE~~. 23
3517		-
3518		-	~~(B) A LAW ENFORCEMENT OFFI CER MAY NOT EXPEND~~ STATE ~~OR LOCAL 24~~
3519		-	~~RESOURCES, INCLUDING THE OFFICE R’S TIME, TO PROVIDE ANY INFOR MATION OR 25~~
3520		-	~~LOGISTICAL SUPPORT R ELATED TO ACTIVITY D ESCRIBED IN SUBSECTI ON (A) OF 26~~
3521		-	~~THIS SECTION TO ANY FEDERAL LAW ENFORCEM ENT AUTHORITY OR PRO SECUTING 27~~
3522		-	~~ENTITY. 28~~
3523		-
3524		-	~~SUBTITLE 7. CONSTRUCTION~~ OF ~~TITLE. 29~~
3525		-
3526		-	~~23–701. 30~~
3527		-
3528		-	~~THIS TITLE MAY NOT BE CONSTRUED TO AUTHORI ZE AN INDIVIDUAL TO 31~~
3529		-	~~ENGAGE IN,~~ ~~AND DOES~~ NOT ~~PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, OR 32~~
3530		-	~~OTHER PENALTIES FOR~~ : 33
	3263	+	(1) AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD IN POSSESS ION 1
	3264	+	OF AN AMOUNT OF CANNABIS OR C ANNABIS PRODUCT FOR ADULT USE THAT DOES 2
	3265	+	NOT EXCEED THE PERSO NAL USE AMOUNT ; 3
	3266	+
	3267	+	(2) A CANNABIS ESTABLISHME NT LICENSED UNDER TH IS TITLE OR 4
	3268	+	THE CANNABIS ESTABLI SHMENT AGENT ; 5
	3269	+
	3270	+	(3) A HOSPITAL, MEDICAL FACILITY , OR HOSPICE PROGRAM W HERE 6
	3271	+	A QUALIFYING PATIENT IS RECEIVING TREATMENT ; OR 7
	3272	+
	3273	+	(4) A THIRD–PARTY VENDOR AUTHORI ZED BY THE COMMISSION TO 8
	3274	+	TEST, TRANSPORT, OR DISPOSE OF CANNAB IS, CANNABIS PRODUCTS , OR CANNABIS 9
	3275	+	WASTE UNDER THE PROV ISIONS OF THIS TITLE. 10
	3276	+
	3277	+	(B) (1) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR 11
	3278	+	ANY OF ITS POLITICAL SUBDIVISIONS MAY IMP OSE ANY PENALTY OR D ENY ANY 12
	3279	+	BENEFIT OR ENTITLEME NT FOR CONDUCT PERMI TTED UNDER THIS TITL E OR FOR 13
	3280	+	THE PRESENCE OF CANN ABINOIDS OR CANNABIN OID METABOLITES IN T HE URINE, 14
	3281	+	BLOOD, SALIVA, BREATH, HAIR, OR OTHER TISSUE OR F LUID OF AN INDIVIDUA L WHO 15
	3282	+	IS AT LEAST 21 YEARS OLD. 16
	3283	+
	3284	+	(2) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR 17
	3285	+	ANY OF ITS POLITICAL SUBDIVISIONS MAY DEN Y A DRIVER ’S LICENSE, A 18
	3286	+	PROFESSIONAL LICENSE , HOUSING ASSISTANCE , SOCIAL SERVICES , OR OTHER 19
	3287	+	BENEFITS BASED ON CA NNABIS USE OR FOR TH E PRESENCE OF CANNAB INOIDS OR 20
	3288	+	CANNABINOID METABOLI TES IN THE URINE , BLOOD, SALIVA, BREATH, HAIR, OR 21
	3289	+	OTHER TISSUE OR FLUI D OF AN INDIVIDUAL W HO IS AT LEAST 21 YEARS OLD. 22
	3290	+
	3291	+	(C) AN INDIVIDUAL MAY NOT BE DENIED CU STODY OF OR VISITATI ON WITH 23
	3292	+	A MINOR FOR ACTING I N ACCORDANCE WITH TH IS TITLE, UNLESS THE INDIVIDUA L’S 24
	3293	+	BEHAVIOR IS SUCH THA T IT CREATES AN UNRE ASONABLE DANGER TO T HE MINOR 25
	3294	+	THAT CAN BE CLEARLY ARTICULATED AND SUBS TANTIATED. 26
	3295	+
	3296	+	(D) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR ANY 27
	3297	+	OF ITS POLITICAL SUB DIVISIONS MAY DENY E MPLOYMENT OR A CONTR ACT TO AN 28
	3298	+	INDIVIDUAL FOR ENGAG ING IN CONDUCT AUTHO RIZED UNDER THIS TIT LE, FOR: 29
	3299	+
	3300	+	(1) A PRIOR CONVICTION FOR A NONVIOLENT CANNABI S OFFENSE 30
	3301	+	THAT DOES NOT INVOLVE DISTRIBUTION TO MINO RS; OR 31
	3302	+
	3303	+	(2) TESTING POSITIVE FOR THE PRESENCE OF CANN ABINOIDS OR 32
	3304	+	CANNABINOID METABOLI TES IN THE URINE , BLOOD, SALIVA, BREATH, HAIR, OR 33
	3305	+	OTHER TISSUE OR FLUI D OF THE INDIVIDUAL ’S BODY. 34 SENATE BILL 833 73
	3306	+
	3307	+
	3308	+
	3309	+	(E) FOR THE PURPOSES OF M EDICAL CARE, INCLUDING ORGAN AND TISSUE 1
	3310	+	TRANSPLANTS : 2
	3311	+
	3312	+	(1) THE USE OF CANNABIS D OES NOT CONSTITUTE T HE USE OF AN 3
	3313	+	ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY AN INDIVIDUAL FROM N EEDED 4
	3314	+	MEDICAL CARE ; AND 5
	3315	+
	3316	+	(2) MAY BE CONSIDERED ONL Y WITH RESPECT TO EV IDENCE–BASED 6
	3317	+	CLINICAL CRITERIA . 7
	3318	+
	3319	+	(F) (1) THIS SECTION DOES NOT PREVENT A GOVERNMENT EMPLOYER 8
	3320	+	FROM DISCIPLINING AN EMPLOYEE OR CONTRACT OR FOR: 9
	3321	+
	3322	+	(I) INGESTING CANNABIS IN THE WORKPLACE ; OR 10
	3323	+
	3324	+	(II) WORKING WHILE IMPAIRED BY CANNABIS . 11
	3325	+
	3326	+	(2) THE PROTECTIONS PROVI DED BY THIS SECTION DO NOT APPLY TO 12
	3327	+	THE EXTENT THAT THEY CONFLICT WITH A GOVE RNMENT EMPLOYER ’S 13
	3328	+	OBLIGATIONS UNDER FE DERAL LAW OR TO THE EXTENT THAT THEY WOU LD 14
	3329	+	DISQUALIFY THE ENTIT Y FROM A MONETARY OR LICENSING–RELATED BENEFIT 15
	3330	+	UNDER FEDERAL LAW . 16
	3331	+
	3332	+	(3) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 17
	3333	+	AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE, OR 18
	3334	+	OTHER PENALTIES , INCLUDING DISCIPLINE OR TERMINATION BY A GOVERNMENT 19
	3335	+	EMPLOYER FOR ENGAGING IN , ANY TASK WHILE UNDER THE INFLUENCE OF 20
	3336	+	CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIGENC E OR PROFESSIONAL 21
	3337	+	MALPRACTICE . 22
	3338	+
	3339	+	(4) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 23
	3340	+	AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE, OR 24
	3341	+	OTHER PENALTIES , INCLUDING DISCIPLINE OR TERMINATION BY A GOVERNMENT 25
	3342	+	EMPLOYER OR REVOCATI ON OF A DRIVER’S LICENSE, FOR DRIVING WHILE IM PAIRED 26
	3343	+	BY CANNABIS. 27
	3344	+
	3345	+	(G) TO THE EXTENT ALLOWAB LE, A PERSON IS NOT CONS IDERED 28
	3346	+	INELIGIBLE TO POSSES S A FIREARM UNDER FEDERA L LAW OR TO BE AN UN LAWFUL 29
	3347	+	USER OF OR ADDICTED TO A CONTROLLED DANG EROUS SUBSTANCE SOLE LY 30
	3348	+	BECAUSE OF CONDUCT A UTHORIZED UNDER THIS TITLE. 31
	3349	+
	3350	+	(H) A PERSON MAY NOT BE DE NIED A STATE FIREARM LICENSE OR PERMIT, 32 74 SENATE BILL 833
	3351	+
	3352	+
	3353	+	INCLUDING A CONCEALE D CARRY PE RMIT, SOLELY BECAUSE OF CO NDUCT 1
	3354	+	AUTHORIZED UNDER THI S TITLE. 2
	3355	+
	3356	+	23–605. 3
	3357	+
	3358	+	(A) A HOLDER OF A PROFESSI ONAL OR OCCUPATIONAL LICENSE MAY NOT 4
	3359	+	BE SUBJECT TO PROFES SIONAL DISCIPLINE FO R PROVIDING ADVICE O R SERVICES 5
	3360	+	RELATED TO CANNABIS ESTABLISHMENTS OR APPLICATIONS TO OPER ATE 6
	3361	+	CANNABIS ESTABLISHME NTS ON THE BASIS THA T CANNABIS IS ILLEGA L UNDER 7
	3362	+	FEDERAL LAW . 8
	3363	+
	3364	+	(B) AN APPLICANT FOR A PR OFESSIONAL OR OCCUPA TIONAL LICENSE MAY 9
	3365	+	NOT BE DENIED A LICE NSE BASED ON PREVIOU S EMPLOYMENT RELATED TO 10
	3366	+	CANNABIS ESTABLISHME NTS OPERATING IN ACCO RDANCE WITH STATE LAW. 11
	3367	+
	3368	+	23–606. 12
	3369	+
	3370	+	(A) FOR THE PURPOSES OF STATE LAW, ACTIONS RELATED TO C ANNABIS 13
	3371	+	ARE CONSIDERED LAWFU L AS LONG AS THEY AR E IN ACCORDANCE WITH THIS TITLE. 14
	3372	+
	3373	+	(B) AN AGENCY OR A POLITI CAL SUBDIVISION OF T HE STATE MAY NOT RELY 15
	3374	+	ON A VIOLATION OF FE DERAL LAW RELATED TO CANNABIS AS THE SOLE BASIS FOR 16
	3375	+	TAKING AN ADVERSE AC TION AGAINST A PERSO N. 17
	3376	+
	3377	+	23–607. 18
	3378	+
	3379	+	(A) IT IS THE PUBLIC POLI CY OF THE STATE THAT CONTRACTS RELATED TO 19
	3380	+	THE OPERATION OF A C ANNABIS ESTABLISHMEN T LICENSED IN ACC ORDANCE WITH 20
	3381	+	THIS SUBTITLE ARE EN FORCEABLE. 21
	3382	+
	3383	+	(B) IT IS THE PUBLIC POLI CY OF THE STATE THAT NO CONTRAC T ENTERED 22
	3384	+	INTO BY A LICENSED C ANNABIS ESTABLISHMEN T OR ITS AGENTS AS A UTHORIZED IN 23
	3385	+	ACCORDANCE WITH A VA LID LICENSE, OR BY THOSE WHO ALLO W PROPERTY TO BE 24
	3386	+	USED BY A CANNABIS ES TABLISHMENT , ITS EMPLOYEES , OR ITS AGENTS AS 25
	3387	+	AUTHORIZED IN ACCORD ANCE WITH A VALID LI CENSE, SHALL BE UNENFORCEAB LE 26
	3388	+	ON THE BASIS THAT CU LTIVATING, OBTAINING, MANUFACTURING , DISTRIBUTING, 27
	3389	+	DISPENSING, TRANSPORTING , SELLING, POSSESSING, OR USING CANNABIS IS 28
	3390	+	PROHIBITED BY FEDERA L LAW. 29
	3391	+
	3392	+	23–608. 30
	3393	+
	3394	+	(A) A LAW ENFORCEMENT OFFI CER EMPLOYED BY AN A GENCY THAT 31
	3395	+	RECEIVES STATE OR LOCAL GOVERN MENT FUNDS MAY NOT E XPEND STATE OR 32 SENATE BILL 833 75
	3396	+
	3397	+
	3398	+	LOCAL RESOURCES , INCLUDING THE OFFICE R’S TIME, TO EFFECT ANY ARREST OR 1
	3399	+	SEIZURE OF CANNABIS , OR CONDUCT ANY INVES TIGATION, ON THE SOLE BASIS OF 2
	3400	+	ACTIVITY THE OFFICER BELIEVES TO CONSTITU TE A VIOLATION OF FE DERAL LAW IF 3
	3401	+	THE OFFICER HAS REAS ON TO BELIEVE THAT T HE ACTIVITY IS IN COMPLIANCE WITH 4
	3402	+	THIS TITLE. 5
	3403	+
	3404	+	(B) A LAW ENFORCEMENT OFFI CER MAY NOT EXPEND STATE OR LOCAL 6
	3405	+	RESOURCES, INCLUDING THE OFFICE R’S TIME, TO PROVIDE ANY INFOR MATION OR 7
	3406	+	LOGISTICAL SUPPORT R ELATED TO ACTIVITY D ESCRIBED IN SUBSECTI ON (A) OF 8
	3407	+	THIS SECTION TO ANY FEDERAL LAW ENFORCEM ENT AUTHORITY OR PRO SECUTING 9
	3408	+	ENTITY. 10
	3409	+
	3410	+	SUBTITLE 7. CONSTRUCTION OF TITLE. 11
	3411	+
	3412	+	23–701. 12
	3413	+
	3414	+	THIS TITLE MAY NOT BE CONSTRUED TO AUTHORI ZE AN INDIVIDUAL TO 13
	3415	+	ENGAGE IN, AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, OR 14
	3416	+	OTHER PENALTIES FOR : 15
	3417	+
	3418	+	(1) UNDERTAKING A TASK WH ILE UNDER THE INFLUE NCE OF 16
	3419	+	CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIGENC E OR PROFESSIONAL 17
	3420	+	MALPRACTICE ; 18
	3421	+
	3422	+	(2) OPERATING, NAVIGATING, OR BEING IN ACTUAL P HYSICAL 19
	3423	+	CONTROL OF A MOTOR V EHICLE, AIRCRAFT, OR BOAT WHILE UNDER THE INFLUENCE 20
	3424	+	OF CANNABIS; 21
	3425	+
	3426	+	(3) SMOKING CANNABIS IN A PUBLIC PLACE; OR 22
	3427	+
	3428	+	(4) POSSESSING CANNABIS , INCLUDING CANNABIS P RODUCTS, IN A 23
	3429	+	LOCAL DETENTION FACI LITY, COUNTY JAIL, STATE PRISON , REFORMATORY , OR 24
	3430	+	OTHER CORRECTIONAL F ACILITY, INCLUDING A FACILITY FOR THE DETENTION OF 25
	3431	+	JUVENILE OFFENDERS . 26
	3432	+
	3433	+	23–702. 27
	3434	+
	3435	+	(A) EXCEPT AS PROVIDED IN THIS SECTION, THE PROVISIONS OF TH IS TITLE 28
	3436	+	DO NOT REQUIRE A PER SON, CORPORATION , OR ANY OTHER ENTITY THAT OCCUPIES , 29
	3437	+	OWNS, OR CONTROLS A PROPER TY TO ALLOW THE CONS UMPTION, CULTIVATION, 30
	3438	+	DISPLAY, SALE, OR TRANSFER OF CANNA BIS ON OR IN THAT PROPERTY. 31
	3439	+
	3440	+	(B) EXCEPT AS PROVIDED IN THIS SECTION, A LANDLORD OR PROPER TY 32 76 SENATE BILL 833
	3441	+
	3442	+
	3443	+	MANAGER MAY NOT REFU SE TO RENT TO A TENA NT, OR OTHERWISE DISCRIM INATE 1
	3444	+	AGAINST THE TENANT , BASED ON A PAST CONV ICTION FOR A CANNABI S OFFENSE. 2
	3445	+
	3446	+	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 3
	3447	+	IN THE CASE OF THE R ENTAL OF A RESIDENTI AL DWELLING , A LANDLORD OR 4
	3448	+	PROPERTY MANAGER MAY NOT PROHIBIT THE POS SESSION OF CANNABIS OR THE 5
	3449	+	CONSUMPTION OF CANNA BIS BY NONSMOKED MEA NS. 6
	3450	+
	3451	+	(2) THIS SUBSECTION DOES NOT APPLY IF: 7
	3452	+
	3453	+	(I) THE TENANT IS A BOARD ER OR LODGER WHO IS NOT 8
	3454	+	LEASING THE ENTIRE R ESIDENTIAL DWELLING ; 9
	3455	+
	3456	+	(II) THE RESIDENCE IS INCI DENTAL TO DETENTION OR THE 10
	3457	+	PROVISION OF MEDICAL , GERIATRIC, EDUCATIONAL , COUNSELING , RELIGIOUS, OR 11
	3458	+	SIMILAR SERVICE ; 12
	3459	+
	3460	+	(III) THE RESIDENC E IS A TRANSITIONAL HOUSING OR SOBER 13
	3461	+	LIVING FACILITY; OR 14
	3462	+
	3463	+	(IV) FAILING TO PROHIBIT C ANNABIS POSSESSION O R 15
	3464	+	CONSUMPTION WOULD VI OLATE FEDERAL LAW OR REGULATIONS OR CAUSE THE 16
	3465	+	LANDLORD TO LOSE A M ONETARY OR LICENSING –RELATED BENEFIT UNDE R 17
	3466	+	FEDERAL LAW OR REG ULATIONS. 18
	3467	+
	3468	+	(3) AFTER A WARNING , A LANDLORD OR PROPER TY MANAGER MAY 19
	3469	+	TAKE ACTION AGAINST A TENANT IF THE TENA NT’S USE OF CANNABIS CR EATES AN 20
	3470	+	ODOR THAT INTERFERES WITH OTHERS’ PEACEFUL ENJOYMENT O F THEIR HOME OR 21
	3471	+	PROPERTY. 22
	3472	+
	3473	+	Article – State Finance and Procurement 23
	3474	+
	3475	+	6–226. 24
	3476	+
	3477	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 25
	3478	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 26
	3479	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 27
	3480	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 28
	3481	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 29
	3482	+	Fund of the State. 30
	3483	+
	3484	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 31
	3485	+	to the following funds: 32
3531	3486		SENATE BILL 833 77
3532	3487
3533	3488
3534		-	(1) UNDERTAKING A TASK WH ILE UNDER THE INFLUE NCE OF 1
3535		-	CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIGENC E OR PROFESSIONAL 2
3536		-	MALPRACTICE ; 3
3537		-
3538		-	(2) OPERATING, NAVIGATING, OR BEING IN ACTUAL P HYSICAL 4
3539		-	CONTROL OF A MOTOR V EHICLE, AIRCRAFT, OR BOAT WHILE UNDER THE INFLUENCE 5
3540		-	OF CANNABIS; 6
3541		-
3542		-	(3) SMOKING CANNABIS IN A PUBLIC PLACE; OR 7
3543		-
3544		-	(4) POSSESSING CANNABIS , INCLUDING CANNABIS P RODUCTS, IN A 8
3545		-	LOCAL DETENTION FACI LITY, COUNTY JAIL, STATE PRISON , REFORMATORY , OR 9
3546		-	OTHER CORRECTIONAL F ACILITY, INCLUDING A FACILITY FOR THE DETENTION OF 10
3547		-	JUVENILE OFFENDERS . 11
3548		-
3549		-	23–702. 12
3550		-
3551		-	(A) EXCEPT AS PROVIDED IN THIS SECTION, THE PROVISIONS OF TH IS TITLE 13
3552		-	DO NOT REQUIRE A PER SON, CORPORATION , OR ANY OTHER ENTITY T HAT OCCUPIES, 14
3553		-	OWNS, OR CONTROLS A PROPER TY TO ALLOW THE CONS UMPTION, CULTIVATION, 15
3554		-	DISPLAY, SALE, OR TRANSFER OF CANNA BIS ON OR IN THAT PR OPERTY. 16
3555		-
3556		-	(B) EXCEPT AS PROVIDED IN THIS SECTION, A LANDLORD OR PROPER TY 17
3557		-	MANAGER MAY NOT REFU SE TO RENT TO A TENA NT, OR OTHERWISE DISCRIM INATE 18
3558		-	AGAINST THE TENANT , BASED ON A PAST CONV ICTION FOR A CANNABI S OFFENSE. 19
3559		-
3560		-	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 20
3561		-	IN THE CASE OF THE R ENTAL OF A RESIDENTI AL DWELL ING, A LANDLORD OR 21
3562		-	PROPERTY MANAGER MAY NOT PROHIBIT THE POS SESSION OF CANNABIS OR THE 22
3563		-	CONSUMPTION OF CANNA BIS BY NONSMOKED MEA NS. 23
3564		-
3565		-	(2) THIS SUBSECTION DOES NOT APPLY IF: 24
3566		-
3567		-	(I) THE TENANT IS A BOARD ER OR LODGER WHO IS NOT 25
3568		-	LEASING THE ENTIRE R ESIDENTIAL DWELLING; 26
3569		-
3570		-	(II) THE RESIDENCE IS INCI DENTAL TO DETENTION OR THE 27
3571		-	PROVISION OF MEDICAL , GERIATRIC, EDUCATIONAL , COUNSELING , RELIGIOUS, OR 28
3572		-	SIMILAR SERVICE ; 29
3573		-
3574		-	(III) THE RESIDENCE IS A TR ANSITIONAL HOUSING O R SOBER 30
3575		-	LIVING FACILITY; OR 31
3576		-	78 SENATE BILL 833
3577		-
3578		-
3579		-	(IV) FAILING TO PROHIBIT CANNABIS PO SSESSION OR 1
3580		-	CONSUMPTION WOULD VI OLATE FEDERAL LAW OR REGULATIONS OR CAUSE THE 2
3581		-	LANDLORD TO LOSE A M ONETARY OR LICENSING –RELATED BENEFIT UNDE R 3
3582		-	FEDERAL LAW OR REGUL ATIONS. 4
3583		-
3584		-	(3) AFTER A WARNING , A LANDLORD OR PROPER TY MANAGER MAY 5
3585		-	TAKE ACTION AGAINST A TENAN T IF THE TENANT’S USE OF CANNABIS CR EATES AN 6
3586		-	ODOR THAT INTERFERES WITH OTHERS’ PEACEFUL ENJOYMENT O F THEIR HOME OR 7
3587		-	PROPERTY. 8
3588		-
3589		-	Article – State Finance and Procurement 9
3590		-
3591		-	6–226. 10
3592		-
3593		-	(a) (2) (i) Notwithstanding any other provision of law, and unless 11
3594		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the 12
3595		-	terms of a gift or settlement agreement, net interest on all State money allocated by the 13
3596		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to 14
3597		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 15
3598		-	Fund of the State. 16
3599		-
3600		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply 17
3601		-	to the following funds: 18
3602		-
3603		-	144. the Health Equity Resource Community Reserve Fund; 19
3604		-	[and] 20
3605		-
3606		-	145. the Access to Counsel in Evictions Special Fund; 21
3607		-
3608		-	146. THE SOCIAL EQUITY START–UP FUND; 22
3609		-
3610		-	147. THE CANNABIS EDUCATION AND TRAINING FUND; 23
3611		-
3612		-	148. THE COMMUNITY REINVESTMENT AND REPAIR 24
3613		-	FUND; AND 25
3614		-
3615		-	149. THE CANNABIS REGULATION FUND. 26
3616		-
3617		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
3618		-	That the Laws of Maryland read as follows: 28
3619		-
3620		-	Article – Health – General 29
3621		-
3622		-	SUBTITLE 44. CANNABIS USE BASELINE STUDY. 30
3623		-	SENATE BILL 833 79
3624		-
3625		-
3626		-	13–4401. 1
3627		-
3628		-	(A) THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, IN 2
3629		-	CONSULTATION WITH TH E DEPARTMENT , THE BEHAVIORAL HEALTH 3
3630		-	ADMINISTRATION , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 4
3631		-	VICTIM SERVICES, THE MARYLAND POISON CENTER, THE STATE’S DESIGNATED 5
3632		-	HEALTH INFORMATION EXCHANGE, AND THE MARYLAND HOSPITAL ASSOCIATION, 6
3633		-	SHALL CONDUCT , OR CONTRACT WITH AN INSTITUTION OF HIGHE R EDUCATION OR 7
3634		-	A PRIVATE RESEARCH E NTITY TO CONDUCT , A COMPREHENSIVE BASE LINE STUDY 8
3635		-	OF CANNABIS USE IN T HE STATE THAT INCLUDES A SURVEY OF: 9
3636		-
3637		-	(1) PATTERNS OF USE, INCLUDING FREQUENCY OF USE AND DOSING , 10
3638		-	METHODS OF CONSUMPTI ON, AND GENERAL PERCEPTI ONS OF CANNABIS AMON G: 11
3639		-
3640		-	(I) INDIVIDUALS UNDER THE AGE OF 18 YEARS; 12
3641		-
3642		-	(II) INDIVIDUALS AT LEAST 18 YEARS OLD AND UNDER THE AGE 13
3643		-	OF 21 YEARS; 14
3644		-
3645		-	(III) INDIVIDUALS AT LEAST 21 YEARS OLD AND UNDER THE AGE 15
3646		-	OF 55 YEARS; 16
3647		-
3648		-	(IV) INDIVIDUALS AT LEAST 55 YEARS OLD; 17
3649		-
3650		-	(V) PREGNANT WOMEN ; AND 18
3651		-
3652		-	(VI) BREASTFEEDING WOMEN ; 19
3653		-
3654		-	(2) INCIDENTS OF IMPAIRED DRIVING, INCLUDING ARRESTS , 20
3655		-	ACCIDENTS, AND FATALITIES, RELATED TO CANN ABIS USE; 21
3656		-
3657		-	(3) HOSPITALIZATIONS RELA TED TO CANNABIS USE ; 22
3658		-
3659		-	(4) CALLS TO POISON CONTR OL CENTERS RELATED T O CANNABIS 23
3660		-	USE, INCLUDING DATA ON CA LLS RELATED TO INDIV IDUALS UNDER THE AGE OF 21 24
3661		-	YEARS; AND 25
3662		-
3663		-	(5) DIAGNOSES OF CANNABIS USE DISORDER AND PRO BLEM 26
3664		-	CANNABIS USE. 27
3665		-
3666		-	(B) ON OR BEFORE MARCH 1, 2023, THE NATALIE M. LAPRADE MEDICAL 28
3667		-	CANNABIS COMMISSION SHALL SUBM IT A REPORT OF THE F INDINGS OF THE 29
3668		-	BASELINE STUDY CONDU CTED UNDER SUBSECTIO N (A) OF THIS SECTION TO THE 30 80 SENATE BILL 833
3669		-
3670		-
3671		-	GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 1
3672		-	ARTICLE, THE SENATE FINANCE COMMITTEE, THE SENATE JUDICIAL 2
3673		-	PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE 3
3674		-	HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 4
3675		-
3676		-	(C) ON OR BEFORE MARCH 1, 2025, AND EVERY OTHER YEAR THEREAFTER , 5
3677		-	THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION SHALL : 6
3678		-
3679		-	(1) SURVEY THE SAME FACTO RS THAT ARE SET FORT H IN 7
3680		-	SUBSECTION (A) OF THIS SECTION; 8
3681		-
3682		-	(2) USE THE SAME METHODOL OGY OR MODEL THAT IS USED TO 9
3683		-	CONDUCT THE SURVEY R EQUIRED UNDER SUBSEC TION (A) OF THIS SECTION; AND 10
3684		-
3685		-	(3) SUBMIT A REPORT OF TH E FINDINGS OF THE SU RVEY REQUIRED 11
3686		-	UNDER THIS SUBSECTIO N TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 12
3687		-	OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE, THE 13
3688		-	SENATE JUDICIAL PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY 14
3689		-	COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 15
3690		-	COMMITTEE. 16
3691		-
3692		-	Article – Tax – General 17
3693		-
3694		-	10–208. 18
3695		-
3696		-	(a) In addition to the modification under § 10–207 of this subtitle, the amounts 19
3697		-	under this section are subtracted from the federal adjusted gross income of a resident to 20
3698		-	determine Maryland adjusted gross income. 21
3699		-
3700		-	(BB) (1) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS SECTION 22
3701		-	INCLUDES THE AMOUNT OF ORDINARY AND NECE SSARY EXPENSES PAID OR 23
3702		-	INCURRED DURING THE TAXABLE YEAR IN CARR YING ON A TRADE OR A BUSINESS AS 24
3703		-	A MEDICAL CANNABIS G ROWER, PROCESSOR, DISPENSARY, OR ANY OTHER 25
3704		-	CANNABIS ESTABLISHME NT LICENSED BY THE STATE, IF THE DEDUCTION FOR 26
3705		-	ORDINARY AND NECESSA RY EXPENSES IS DIS ALLOWED UNDER § 280E OF THE 27
3706		-	INTERNAL REVENUE CODE. 28
3707		-
3708		-	(2) THE SUBTRACTION ALLOW ED UNDER PARAGRAPH (1) OF THIS 29
3709		-	SUBSECTION INCLUDES A REASONABLE ALLOWAN CE FOR SALARIES OR O THER 30
3710		-	COMPENSATION FOR PER SONAL SERVICES ACTUA LLY RENDERED DURING THE 31
3711		-	TAXABLE YEAR . 32
3712		-
3713		-	(3) THE SUBTRACTION ALLOW ED UNDER THIS SUBSEC TION IS 33
3714		-	APPLICABLE TO ALL TA XABLE YEARS BEGINNIN G AFTER DECEMBER 31, 2021. 34 SENATE BILL 833 81
3715		-
3716		-
3717		-
3718		-	10–308. 1
3719		-
3720		-	(a) In addition to the modification under § 10–307 of this subtitle, the amounts 2
3721		-	under this section are subtracted from the federal taxable income of a corporation to 3
3722		-	determine Maryland modified income. 4
3723		-
3724		-	(b) The subtraction under subsection (a) of this section includes the amounts 5
3725		-	allowed to be subtracted for an individual under: 6
3726		-
3727		-	(1) § 10–208(d) of this title (Enhanced agricultural management equipment 7
3728		-	expenses); 8
3729		-
3730		-	(2) § 10–208(i) of this title (Reforestation or timber stand expenses); 9
3731		-
3732		-	(3) § 10–208(k) of this title (Wage expenses for targeted jobs); 10
3733		-
3734		-	(4) § 10–208(p) of this title (Elevator handrails in health care facilities); 11
3735		-	[and] 12
3736		-
3737		-	(5) § 10–208(z) of this title (Donations to diaper banks and other charitable 13
3738		-	entities); AND 14
3739		-
3740		-	(6) § 10–208(BB) OF THIS TITLE (TRADE OR BUSINESS EXP ENSES OF 15
3741		-	MEDICAL CANNABI S GROWER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S 16
3742		-	ESTABLISHMENT ). 17
3743		-
3744		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
3745		-	as follows: 19
3746		-
3747		-	Article – Economic Development 20
3748		-
3749		-	SUBTITLE 19. CANNABIS BUSINESS ASSISTANCE FUND. 21
3750		-
3751		-	5–1901. 22
3752		-
3753		-	(A) IN THIS SECTION , “FUND” MEANS THE CANNABIS BUSINESS 23
3754		-	ASSISTANCE FUND. 24
3755		-
3756		-	(B) THERE IS A CANNABIS BUSINESS ASSISTANCE FUND. 25
3757		-
3758		-	(C) THE PURPOSE OF THE FUND IS TO ASSIST SMA LL, MINORITY–OWNED, 26
3759		-	AND WOMEN –OWNED BUSINESSES ENT ERING THE ADULT –USE CANNABIS INDUSTR Y. 27
3760		-
3761		-	(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 28 82 SENATE BILL 833
3762		-
3763		-
3764		-
3765		-	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
3766		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
3767		-
3768		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
3769		-	AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 4
3770		-
3771		-	(F) THE FUND CONSISTS OF : 5
3772		-
3773		-	(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 6
3774		-
3775		-	(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 7
3776		-	THE BENEFIT OF THE FUND. 8
3777		-
3778		-	(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND 9
3779		-	MAY BE USED ONLY FOR : 10
3780		-
3781		-	(I) GRANTS OR LOANS TO S MALL, MINORITY–OWNED, OR 11
3782		-	WOMEN–OWNED BUSINESSES FOR : 12
3783		-
3784		-	1. LICENSE APPLICATION ASSISTANCE FOR 13
3785		-	PARTICIPATION IN THE ADULT–USE CANNABIS INDUSTR Y; 14
3786		-
3787		-	2. ASSISTANCE WITH THE OPERATING OR CAPITAL 15
3788		-	EXPENSES OF A BUSINE SS PARTICIPATING IN THE ADULT–USE CANNABIS INDUSTR Y; 16
3789		-	OR 17
3790		-
3791		-	3. TARGETED TRAINING TO SUPPORT PARTICIPATIO N IN 18
3792		-	THE ADULT–USE CANNABIS INDUSTR Y; AND 19
3793		-
3794		-	(II) GRANTS TO HISTORICAL LY BLACK COLLEGES AN D 20
3795		-	UNIVERSITIES FOR CAN NABIS–RELATED PROGRAMS AND BUSINES S DEVELOPMENT 21
3796		-	ORGANIZATIONS , INCLUDING INCUBATORS , TO TRAIN AND ASSIST SMALL, 22
3797		-	MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS SEEKING TO 23
3798		-	BECOME LICENSED TO P ARTICIPATE IN THE AD ULT–USE CANNABIS INDUSTR Y. 24
3799		-
3800		-	(2) THE DEPARTMENT : 25
3801		-
3802		-	(I) SHALL PRIORITIZE AWA RDING GRANTS AND LOA NS IN 26
3803		-	ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION T O: 27
3804		-	SENATE BILL 833 83
3805		-
3806		-
3807		-	1. POPULATIONS THAT HAV E BEEN HISTORICALLY 1
3808		-	DISPROPORTIONATELY I MPACTED BY THE ENFOR CEMENT OF LAWS CRIMI NALIZING 2
3809		-	THE USE OF CANNABIS ; AND 3
3810		-
3811		-	(II) MAY AWARD GRANTS OR LOANS TO 4
3812		-
3813		-	2. INDIVIDUALS WHO HAVE BEEN CONVICTED OF A 5
3814		-	VIOLATION OF A LAW C RIMINALIZING THE USE OF CANNABIS; AND 6
3815		-
3816		-	(III) (II) MAY NOT AWARD GRANTS OR LOANS TO SMALL , 7
3817		-	MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS WITH A 8
3818		-	PERSONAL NET WORTH EXCEE DING $1,700,000. 9
3819		-
3820		-	(3) IN ORDER TO AWARD GRA NTS AND LOANS IN ACC ORDANCE WITH 10
3821		-	PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL DEVE LOP 11
3822		-	PARTNERSHIPS WITH : 12
3823		-
3824		-	(I) TRADITIONAL MINORITY –SERVING INSTITUTIONS IN THE 13
3825		-	STATE AND SURROUNDING JURISDIC TIONS, INCLUDING HISTORICAL LY BLACK 14
3826		-	COLLEGES AND UNIVERS ITIES; 15
3827		-
3828		-	(II) TRADE ASSOCIATIONS R EPRESENTING MINORITY AND 16
3829		-	WOMEN–OWNED BUSINESSES ; AND 17
3830		-
3831		-	(III) THE GOVERNOR’S OFFICE OF SMALL, MINORITY, AND 18
3832		-	WOMEN BUSINESS AFFAIRS. 19
3833		-
3834		-	(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 20
3835		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 21
3836		-
3837		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 22
3838		-	THE FUND. 23
3839		-
3840		-	(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 24
3841		-	WITH THE STATE BUDGET . 25
3842		-
3843		-	Article – State Finance and Procurement 26
3844		-
3845		-	6–226. 27
3846		-
3847		-	(a) (2) (i) Notwithstanding any other provision of law, and unless 28
3848		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the 29
3849		-	terms of a gift or settlement agreement, net interest on all State money allocated by the 30
3850		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to 31 84 SENATE BILL 833
3851		-
3852		-
3853		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1
3854		-	Fund of the State. 2
3855		-
3856		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply 3
3857		-	to the following funds: 4
3858		-
3859		-	144. the Health Equity Resource Community Reserve Fund; 5
3860		-	[and] 6
3861		-
3862		-	145. the Access to Counsel in Evictions Special Fund; 7
3863		-
3864		-	146. THE CANNABIS BUSINESS ASSISTANCE FUND; 8
3865		-
3866		-	147. THE CANNABIS PUBLIC HEALTH FUND; AND 9
3867		-
3868		-	148. THE COMMUNITY REINVESTMENT AND REPAIR 10
	3489	+	144. the Health Equity Resource Community Reserve Fund; 1
	3490	+	[and] 2
	3491	+
	3492	+	145. the Access to Counsel in Evictions Special Fund; 3
	3493	+
	3494	+	146. THE SOCIAL EQUITY START–UP FUND; 4
	3495	+
	3496	+	147. THE CANNABIS EDUCATION AND TRAINING FUND; 5
	3497	+
	3498	+	148. THE COMMUNITY REINVESTMENT AND REPAIR 6
	3499	+	FUND; AND 7
	3500	+
	3501	+	149. THE CANNABIS REGULATION FUND. 8
	3502	+
	3503	+	Article – Tax – General 9
	3504	+
	3505	+	TITLE 12.5. CANNABIS TAX. 10
	3506	+
	3507	+	12.5–101. 11
	3508	+
	3509	+	(A) THIS SECTION IS NOT A PPLICABLE TO MEDICAL CANNABIS SOLD UNDER 12
	3510	+	TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 13
	3511	+
	3512	+	(B) (1) UNTIL APRIL 1, 2026, A 10% EXCISE TAX IS IMPOSE D ON THE SALE 14
	3513	+	OR TRANSFER OF CANNA BIS FROM A CANNABIS ESTABLISHMENT LICENS ED UNDER 15
	3514	+	TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 16
	3515	+
	3516	+	(2) FROM APRIL 1, 2026, TO MARCH 30, 2028, BOTH INCLUSIVE , A 17
	3517	+	15% EXCISE TAX IS IMPOSE D ON THE SALE OR TRA NSFER OF CANNABIS FR OM A 18
	3518	+	CANNABIS ESTABLISHME NT LICENSED UNDER TITLE 23 OF THE HEALTH – GENERAL 19
	3519	+	ARTICLE TO A CONSUMER . 20
	3520	+
	3521	+	(3) BEGINNING APRIL 1, 2028, A 20% EXCISE TAX IS IMPOSED O N THE 21
	3522	+	SALE OR TRANSFER OF CANNABIS FROM A CANN ABIS ESTABLISHMENT L ICENSED 22
	3523	+	UNDER TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 23
	3524	+
	3525	+	(C) SALES OF CANNABIS BY A CANNABIS ESTABLISH MENT TO A CONSUMER 24
	3526	+	ARE NOT SUBJECT TO A SALES AND USE TAX IMPOSED UNDER TITLE 11 OF THIS 25
	3527	+	ARTICLE. 26
	3528	+
	3529	+	(D) (1) TAXES IMPOSED UNDER T HIS SECTION SHALL AP PLY ONLY AT THE 27
	3530	+	POINT OF SALE TO A C ONSUMER. 28
	3531	+
	3532	+	(2) NO TAXES SHALL APPLY TO SALES OR TRANSFER S OF CANNABIS 29 78 SENATE BILL 833
	3533	+
	3534	+
	3535	+	BETWEEN CANNABIS EST ABLISHMENTS . 1
	3536	+
	3537	+	12.5–102. 2
	3538	+
	3539	+	(A) EXCEPT AS PROVIDED IN S UBSECTION (B) OF THIS SECTION, A COUNTY 3
	3540	+	MAY IMPOSE A SALES T AX NOT EXCEEDING 3% ON SALES OF CANNABIS AND 4
	3541	+	CANNABIS PRODUCTS TO CONSUMERS WITHIN ITS JURISDICTION. 5
	3542	+
	3543	+	(B) A COUNTY MAY NOT IMPOS E A SALES TAX UNDER SUBSECTION (A) OF 6
	3544	+	THIS SECTION ON SALES OF MEDI CAL CANNABIS UNDER TITLE 23 OF THE HEALTH – 7
	3545	+	GENERAL ARTICLE. 8
	3546	+
	3547	+	12.5–103. 9
	3548	+
	3549	+	(A) (1) IN THIS SECTION, “FUND” MEANS THE CANNABIS REGULATION 10
3869	3550		FUND. 11
3870	3551
3871		-	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
3872		-	as follows: 13
3873		-
3874		-	Article – Criminal Law 14
3875		-
3876		-	5–101. 15
3877		-
3878		-	(a) In this title the following words have the meanings indicated. 16
3879		-
3880		-	(E–2) “CIVIL USE AMOUNT ” MEANS: 17
3881		-
3882		-	(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 18
3883		-	BUT DOES NOT EXCEED 2.5 OUNCES; 19
3884		-
3885		-	(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12 20
3886		-	GRAMS BUT DOES N OT EXCEED 20 GRAMS; OR 21
3887		-
3888		-	(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 22
3889		-	DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 23
3890		-	NOT EXCEED 1,250 MILLIGRAMS. 24
3891		-
3892		-	(U) “PERSONAL USE AMOUNT ” MEANS: 25
3893		-
3894		-	(1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5 26
3895		-	OUNCES; 27
3896		-	SENATE BILL 833 85
3897		-
3898		-
3899		-	(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 1
3900		-	EXCEED 12 GRAMS; OR 2
3901		-
3902		-	(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 3
3903		-	DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS. 4
3904		-
3905		-	5–601. 5
3906		-
3907		-	(a) Except as otherwise provided in this title, a person may not: 6
3908		-
3909		-	(1) possess or administer to another a controlled dangerous substance, 7
3910		-	unless obtained directly or by prescription or order from an authorized provider acting in 8
3911		-	the course of professional practice; or 9
3912		-
3913		-	(2) obtain or attempt to obtain a controlled dangerous substance, or 10
3914		-	procure or attempt to procure the administration of a controlled dangerous substance by: 11
3915		-
3916		-	(i) fraud, deceit, misrepresentation, or subterfuge; 12
3917		-
3918		-	(ii) the counterfeiting or alteration of a prescription or a written 13
3919		-	order; 14
3920		-
3921		-	(iii) the concealment of a material fact; 15
3922		-
3923		-	(iv) the use of a false name or address; 16
3924		-
3925		-	(v) falsely assuming the title of or representing to be a 17
3926		-	manufacturer, distributor, or authorized provider; or 18
3927		-
3928		-	(vi) making, issuing, or presenting a false or counterfeit prescription 19
3929		-	or written order. 20
3930		-
3931		-	(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 21
3932		-	person who violates this section is guilty of a misdemeanor and on conviction is subject to: 22
3933		-
3934		-	(i) for a first conviction, imprisonment not exceeding 1 year or a fine 23
3935		-	not exceeding $5,000 or both; 24
3936		-
3937		-	(ii) for a second or third conviction, imprisonment not exceeding 18 25
3938		-	months or a fine not exceeding $5,000 or both; or 26
3939		-
3940		-	(iii) for a fourth or subsequent conviction, imprisonment not 27
3941		-	exceeding 2 years or a fine not exceeding $5,000 or both. 28
3942		-
3943		-	(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 29
3944		-	person whose violation of this section involves the use or possession of [marijuana] 30 86 SENATE BILL 833
3945		-
3946		-
3947		-	CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 1
3948		-	subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 2
3949		-
3950		-	(ii) 1. A [first] finding of guilt under this section involving the 3
3951		-	use or possession of [less than 10 grams of marijuana] THE PERSONAL USE AMO UNT OF 4
3952		-	CANNABIS is a civil offense punishable by a fine not exceeding $100. 5
3953		-
3954		-	2. A [second] finding of guilt under this section involving the 6
3955		-	use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 7
3956		-	CANNABIS is a civil offense punishable by a fine not exceeding $250. 8
3957		-
3958		-	3. [A third or subsequent finding of guilt under this section 9
3959		-	involving the use or possession of less than 10 grams of marijuana is a civil offense 10
3960		-	punishable by a fine not exceeding $500. 11
3961		-
3962		-	4.] A. In addition to a fine, a court [shall] MAY order a 12
3963		-	person under the age of 21 years who commits a violation punishable under 13
3964		-	subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 14
3965		-	approved by the Maryland Department of Health, refer the person to an assessment for 15
3966		-	substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 16
3967		-
3968		-	B. [In addition to a fine, a court shall order a person at least 17
3969		-	21 years old who commits a violation punishable under subsubparagraph 3 of this 18
3970		-	subparagraph to attend a drug education program approved by the Maryland Department 19
3971		-	of Health, refer the person to an assessment for substance abuse disorder, and refer the 20
3972		-	person to substance abuse treatment, if necessary. 21
3973		-
3974		-	C.] A court that orders a person to a drug education program 22
3975		-	or substance abuse assessment or treatment under this subsubparagraph may hold the 23
3976		-	case sub curia pending receipt of proof of completion of the program, assessment, or 24
3977		-	treatment. 25
3978		-
3979		-	(4) [A violation of this section involving the] THE smoking of [marijuana] 26
3980		-	CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 27
3981		-
3982		-	(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING 28
3983		-	$250; AND 29
3984		-
3985		-	(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 30
3986		-	NOT EXCEEDING $500. 31
3987		-
3988		-	(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 32
3989		-	marijuana a civil offense] may not be construed to affect the laws relating to: 33
3990		-	SENATE BILL 833 87
3991		-
3992		-
3993		-	(1) operating a vehicle or vessel while under the influence of or while 1
3994		-	impaired by a controlled dangerous substance; or 2
3995		-
3996		-	(2) seizure and forfeiture. 3
3997		-
3998		-	SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
3999		-	as follows: 5
4000		-
4001		-	Article – Criminal Law 6
4002		-
4003		-	5–101. 7
4004		-
4005		-	(a) In this title the following words have the meanings indicated. 8
4006		-
4007		-	(E–2) “CIVIL USE AMOUNT ” MEANS: 9
4008		-
4009		-	(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 10
4010		-	BUT DOES NOT EXCEED 2.5 OUNCES; 11
4011		-
4012		-	(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEED S 12 12
4013		-	GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR 13
4014		-
4015		-	(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 14
4016		-	DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 15
4017		-	NOT EXCEED 1,250 MILLIGRAMS. 16
4018		-
4019		-	(U) “PERSONAL USE AMOUNT ” MEANS: 17
4020		-
4021		-	(1) AN AMOUNT OF USABLE CANNA BIS THAT DOES NOT EX CEED 1.5 18
4022		-	OUNCES; 19
4023		-
4024		-	(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 20
4025		-	EXCEED 12 GRAMS; 21
4026		-
4027		-	(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 22
4028		-	DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS; OR 23
4029		-
4030		-	(4) TWO OR FEWER CANNABI S PLANTS. 24
4031		-
4032		-	5–601. 25
4033		-
4034		-	(a) Except as otherwise provided in this title, a person may not: 26
4035		-
4036		-	(1) possess or administer to another a controlled dangerous substance, 27
4037		-	unless: 28 88 SENATE BILL 833
4038		-
4039		-
4040		-
4041		-	(I) obtained directly or by prescription or order from an authorized 1
4042		-	provider acting in the course of professional practice; or 2
4043		-
4044		-	(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 3
4045		-	THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED IS THE 4
4046		-	PERSONAL USE AMOUNT ; OR 5
4047		-
4048		-	(2) obtain or attempt to obtain a controlled dangerous substance, or 6
4049		-	procure or attempt to procure the administration of a controlled dangerous substance by: 7
4050		-
4051		-	(i) fraud, deceit, misrepresentation, or subterfuge; 8
4052		-
4053		-	(ii) the counterfeiting or alteration of a prescription or a written 9
4054		-	order; 10
4055		-
4056		-	(iii) the concealment of a material fact; 11
4057		-
4058		-	(iv) the use of a false name or address; 12
4059		-
4060		-	(v) falsely assuming the title of or representing to be a 13
4061		-	manufacturer, distributor, or authorized provider; or 14
4062		-
4063		-	(vi) making, issuing, or presenting a false or counterfeit prescription 15
4064		-	or written order. 16
4065		-
4066		-	(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 17
4067		-	person who violates this section is guilty of a misdemeanor and on conviction is subject to: 18
4068		-
4069		-	(i) for a first conviction, imprisonment not exceeding 1 year or a fine 19
4070		-	not exceeding $5,000 or both; 20
4071		-
4072		-	(ii) for a second or third conviction, imprisonment not exceeding 18 21
4073		-	months or a fine not exceeding $5,000 or both; or 22
4074		-
4075		-	(iii) for a fourth or subsequent conviction, imprisonment not 23
4076		-	exceeding 2 years or a fine not exceeding $5,000 or both. 24
4077		-
4078		-	(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 25
4079		-	person whose violation of this section involves the use or possession of [marijuana] 26
4080		-	CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 27
4081		-	subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 28
4082		-
4083		-	(ii) 1. A [first] finding of guilt under this section involving the 29
4084		-	use or possession of [less than 10 grams of marijuana] THE PERSONAL USE AMO UNT OF 30 SENATE BILL 833 89
4085		-
4086		-
4087		-	CANNABIS BY A PERSON UNDER THE AGE OF 21 YEARS is a civil offense punishable by 1
4088		-	a fine not exceeding $100. 2
4089		-
4090		-	2. A [second] finding of guilt under this section involving the 3
4091		-	use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 4
4092		-	CANNABIS is a civil offense punishable by a fine not exceeding $250. 5
4093		-
4094		-	3. [A third or subsequent finding of guilt under this section 6
4095		-	involving the use or possession of less than 10 grams of marijuana is a civil offense 7
4096		-	punishable by a fine not exceeding $500. 8
4097		-
4098		-	4.] A. In addition to a fine, a court [shall] MAY order a 9
4099		-	person under the age of 21 years who commits a violation punishable under 10
4100		-	subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 11
4101		-	approved by the Maryland Department of Health, refer the person to an assessment for 12
4102		-	substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 13
4103		-
4104		-	B. [In addition to a fine, a court shall order a person at least 14
4105		-	21 years old who commits a violation punishable under subsubparagraph 3 of this 15
4106		-	subparagraph to attend a drug education program approved by the Maryland Department 16
4107		-	of Health, refer the person to an assessment for substance abuse disorder, and refer the 17
4108		-	person to substance abuse treatment, if necessary. 18
4109		-
4110		-	C.] A court that orders a person to a drug education program 19
4111		-	or substance abuse assessment or treatment under this subsubparagraph may hold the 20
4112		-	case sub curia pending receipt of proof of completion of the program, assessment, or 21
4113		-	treatment. 22
4114		-
4115		-	(4) [A violation of this section involving the] THE smoking of [marijuana] 23
4116		-	CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 24
4117		-
4118		-	(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING 25
4119		-	$250; AND 26
4120		-
4121		-	(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 27
4122		-	NOT EXCEEDING $500. 28
4123		-
4124		-	(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 29
4125		-	marijuana a civil offense] may not be construed to affect the laws relating to: 30
4126		-
4127		-	(1) operating a vehicle or vessel while under the influence of or while 31
4128		-	impaired by a controlled dangerous substance; or 32
4129		-
4130		-	(2) seizure and forfeiture. 33
4131		-	90 SENATE BILL 833
4132		-
4133		-
4134		-	5–601.2. 1
4135		-
4136		-	(A) A PERSON MAY NOT CULTI VATE CANN ABIS PLANTS IN A MAN NER THAT 2
4137		-	IS CONTRARY TO THIS SECTION. 3
4138		-
4139		-	(B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE 4
4140		-	THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 5
4141		-	PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 6
4142		-	OPTICAL AIDS. 7
4143		-
4144		-	(C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES 8
4145		-	CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 9
4146		-	UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 10
4147		-
4148		-	(2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAK E REASONABLE 11
4149		-	PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS 12
4150		-	AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS. 13
4151		-
4152		-	(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 14
4153		-	POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSO N IN 15
4154		-	LAWFUL POSSESSION OF THE PROPERTY. 16
4155		-
4156		-	(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS 17
4157		-	PLANTS. 18
4158		-
4159		-	(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN TWO C ANNABIS 19
4160		-	PLANTS. 20
4161		-
4162		-	(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT 21
4163		-	THE SAME RESIDENCE , NO MORE THAN TWO CAN NABIS PLANTS MAY BE CULTIVATED 22
4164		-	AT THAT RESIDENCE . 23
4165		-
4166		-	(G) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 24
4167		-	AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 25
4168		-	FINE NOT EXCEEDING $5,000 OR BOTH. 26
4169		-
4170		-	5–602. 27
4171		-
4172		-	(C) (1) (I) IN THIS SUBSECTION , “ADULT SHARING ” MEANS 28
4173		-	TRANSFERRING CANNABI S BETWEEN PERSONS WH O ARE 21 YEARS OF AGE OR 29
4174		-	OLDER WITHOUT REMUNE RATION. 30
4175		-
4176		-	(II) “ADULT SHARING ” DOES NOT INCLUDE INS TANCES IN 31
4177		-	WHICH: 32 SENATE BILL 833 91
4178		-
4179		-
4180		-
4181		-	1. CANNABIS IS GIVEN AW AY CONTEMPORANEOUSL Y 1
4182		-	WITH ANOTHER RECIPRO CAL TRANSACTION BETW EEN THE SAME PARTIES ; 2
4183		-
4184		-	2. A GIFT OF CANNABIS I S OFFERED OR ADVERTI SED IN 3
4185		-	CONJUNCTION WITH AN OFFER FOR THE SALE O F GOODS OR SERVICES ; OR 4
4186		-
4187		-	3. A GIFT OF CANNABIS I S CONTINGENT ON A SE PARATE 5
4188		-	RECIPROCAL TRANSAC TION FOR GOODS OR SE RVICES. 6
4189		-
4190		-	(2) THIS SECTION DOES NOT PROHIBIT, AND NO CIVIL OR CRIM INAL 7
4191		-	PENALTY MAY BE IMPOS ED FOR, ADULT SHARING OF THE PERSONAL USE AMOUNT 8
4192		-	OF CANNABIS. 9
4193		-
4194		-	SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
4195		-	as follows: 11
4196		-
4197		-	Article – Courts and Judicial Proceedings 12
4198		-
4199		-	3–8A–01. 13
4200		-
4201		-	(a) In this subtitle the following words have the meanings indicated, unless the 14
4202		-	context of their use indicates otherwise. 15
4203		-
4204		-	(dd) “Violation” means a violation for which a citation is issued under: 16
4205		-
4206		-	(1) § 5–601 of the Criminal Law Article involving the use or possession of 17
4207		-	[less than 10 grams of marijuana] CANNABIS; 18
4208		-
4209		-	(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 19
4210		-
4211		-	(3) § 10–132 of the Criminal Law Article; 20
4212		-
4213		-	(4) § 10–136 of the Criminal Law Article; or 21
4214		-
4215		-	(5) § 26–103 of the Education Article. 22
4216		-
4217		-	3–8A–33. 23
4218		-
4219		-	(a) A law enforcement officer authorized to make arrests shall issue a citation to 24
4220		-	a child if the officer has probable cause to believe that the child is violating: 25
4221		-
4222		-	(1) § 5–601 of the Criminal Law Article involving the use or possession of 26
4223		-	[less than 10 grams of marijuana] CANNABIS; 27
4224		-
4225		-	(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 28 92 SENATE BILL 833
4226		-
4227		-
4228		-
4229		-	(3) § 10–132 of the Criminal Law Article; 1
4230		-
4231		-	(4) § 10–136 of the Criminal Law Article; or 2
4232		-
4233		-	(5) § 26–103 of the Education Article. 3
4234		-
4235		-	Article – Criminal Law 4
4236		-
4237		-	5–101. 5
4238		-
4239		-	(a) In this title the following words have the meanings indicated. 6
4240		-
4241		-	(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY 7
4242		-	PART OF THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 8
4243		-	ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 9
4244		-	A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 10
4245		-	DRY WEIGHT BASIS . 11
4246		-
4247		-	(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 12
4248		-	OF THE AGRICULTURE ARTICLE. 13
4249		-
4250		-	(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 14
4251		-	used, intended for use, or designed for use, in: 15
4252		-
4253		-	(i) planting, propagating, cultivating, growing, harvesting, 16
4254		-	manufacturing, compounding, converting, producing, processing, preparing, packaging, 17
4255		-	repackaging, storing, containing, or concealing a controlled dangerous substance in 18
4256		-	violation of this title; or 19
4257		-
4258		-	(ii) injecting, ingesting, inhaling, or otherwise introducing into the 20
4259		-	human body a controlled dangerous substance in violation of this title. 21
4260		-
4261		-	(2) “Drug paraphernalia” includes: 22
4262		-
4263		-	(i) a kit used, intended for use, or designed for use in planting, 23
4264		-	propagating, cultivating, growing, or harvesting any species of plant that is a controlled 24
4265		-	dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 25
4266		-	substance can be derived; 26
4267		-
4268		-	(ii) a kit used, intended for use, or designed for use in 27
4269		-	manufacturing, compounding, converting, producing, processing, or preparing a controlled 28
4270		-	dangerous substance OTHER THAN CANNABIS ; 29
4271		-	SENATE BILL 833 93
4272		-
4273		-
4274		-	(iii) an isomerization device used, intended for use, or designed for 1
4275		-	use in increasing the potency of any species of plant that is a controlled dangerous 2
4276		-	substance OTHER THAN CANNABIS ; 3
4277		-
4278		-	(iv) testing equipment used, intended for use, or designed for use in 4
4279		-	analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 5
4280		-	THAN CANNABIS ; 6
4281		-
4282		-	(v) a scale or balance used, intended for use, or designed for use in 7
4283		-	weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ; 8
4284		-
4285		-	(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 9
4286		-	mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 10
4287		-	controlled dangerous substance OTHER THAN CANNABIS ; 11
4288		-
4289		-	(vii) a separation gin or sifter used, intended for use, or designed for 12
4290		-	use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 13
4291		-	CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 14
4292		-
4293		-	(viii) a blender, bowl, container, spoon, or mixing device used, 15
4294		-	intended for use, or designed for use in compounding a controlled dangerous substance 16
4295		-	OTHER THAN CANNABIS ; 17
4296		-
4297		-	(ix) a capsule, balloon, envelope, or other container used, intended 18
4298		-	for use, or designed for use in packaging small quantities of a controlled dangerous 19
4299		-	substance OTHER THAN CANNABIS ; 20
4300		-
4301		-	(x) a container or other object used, intended for use, or designed for 21
4302		-	use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 22
4303		-
4304		-	(xi) a hypodermic syringe, needle, or other object used, intended for 23
4305		-	use, or designed for use in parenterally injecting a controlled dangerous substance into the 24
4306		-	human body; and 25
4307		-
4308		-	(xii) an object used, intended for use, or designed for use in ingesting, 26
4309		-	inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 27
4310		-	human body [such as: 28
4311		-
4312		-	1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 29
4313		-	pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 30
4314		-
4315		-	2. a water pipe; 31
4316		-
4317		-	3. a carburetion tube or device; 32
4318		-
4319		-	4. a smoking or carburetion mask; 33 94 SENATE BILL 833
4320		-
4321		-
4322		-
4323		-	5. an object known as a roach clip used to hold burning 1
4324		-	material, such as a marijuana cigarette that has become too small or too short to be held in 2
4325		-	the hand; 3
4326		-
4327		-	6. a miniature spoon used for cocaine and cocaine vials; 4
4328		-
4329		-	7. a chamber pipe; 5
4330		-
4331		-	8. a carburetor pipe; 6
4332		-
4333		-	9. an electric pipe; 7
4334		-
4335		-	10. an air–driven pipe; 8
4336		-
4337		-	11. a chillum; 9
4338		-
4339		-	12. a bong; and 10
4340		-
4341		-	13. an ice pipe or chiller]. 11
4342		-
4343		-	[(r) (1) “Marijuana” means: 12
4344		-
4345		-	(i) all parts of any plant of the genus Cannabis, whether or not the 13
4346		-	plant is growing; 14
4347		-
4348		-	(ii) the seeds of the plant; 15
4349		-
4350		-	(iii) the resin extracted from the plant; and 16
4351		-
4352		-	(iv) each compound, manufactured product, salt, derivative, mixture, 17
4353		-	or preparation of the plant, its seeds, or its resin. 18
4354		-
4355		-	(2) “Marijuana” does not include: 19
4356		-
4357		-	(i) the mature stalks of the plant; 20
4358		-
4359		-	(ii) fiber produced from the mature stalks; 21
4360		-
4361		-	(iii) oil or cake made from the seeds of the plant; 22
4362		-
4363		-	(iv) except for resin, any other compound, manufactured product, 23
4364		-	salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 24
4365		-
4366		-	(v) the sterilized seed of the plant that is incapable of germination; 25
4367		-	or 26
4368		-	SENATE BILL 833 95
4369		-
4370		-
4371		-	(vi) hemp as defined in § 14–101 of the Agriculture Article.] 1
4372		-
4373		-	[(s)] (R) (1) “Narcotic drug” means a substance: 2
4374		-
4375		-	(i) that has been found to present an extreme danger to the health 3
4376		-	and welfare of the community because of addiction–forming and addiction–sustaining 4
4377		-	qualities; 5
4378		-
4379		-	(ii) that is: 6
4380		-
4381		-	1. an opiate; 7
4382		-
4383		-	2. a compound, manufactured substance, salt, derivative, or 8
4384		-	preparation of opium, coca leaf, or an opiate; or 9
4385		-
4386		-	3. a substance and any compound, manufactured substance, 10
4387		-	salt, derivative, or preparation that is chemically identical with a substance listed in items 11
4388		-	1 and 2 of this item; and 12
4389		-
4390		-	(iii) that is produced: 13
4391		-
4392		-	1. directly or indirectly by extraction from substances of 14
4393		-	vegetable origin; 15
4394		-
4395		-	2. independently by chemical synthesis; or 16
4396		-
4397		-	3. by a combination of extraction and chemical synthesis. 17
4398		-
4399		-	(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 18
4400		-	that does not contain cocaine or ecgonine. 19
4401		-
4402		-	[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 20
4403		-	controlled dangerous substance under Subtitle 4 of this title. 21
4404		-
4405		-	[(u)] (T) (1) “Opiate” means a substance that has an addiction–forming or 22
4406		-	addiction–sustaining quality similar to morphine or that can be converted into a drug that 23
4407		-	has this addiction–forming or addiction–sustaining quality. 24
4408		-
4409		-	(2) “Opiate” includes: 25
4410		-
4411		-	(i) the racemic and levorotatory forms of an opiate; 26
4412		-
4413		-	(ii) except for seeds, the opium poppy, the plant of the species 27
4414		-	Papaver somniferum L.; 28
4415		-
4416		-	(iii) the poppy straw consisting of the opium poppy after mowing 29
4417		-	except the seeds; and 30 96 SENATE BILL 833
4418		-
4419		-
4420		-
4421		-	(iv) coca leaf. 1
4422		-
4423		-	(3) “Opiate” does not include, unless specifically designated as controlled 2
4424		-	under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan 3
4425		-	and its salts (dextromethorphan). 4
4426		-
4427		-	5–601.1. 5
4428		-
4429		-	(a) A police officer shall issue a citation to a person who the police officer has 6
4430		-	probable cause to believe has committed a violation of § 5–601 of this part involving the use 7
4431		-	or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 8
4432		-	OR THE PERSONAL USE AMOUNT OF CANNABIS . 9
4433		-
4434		-	(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 10
4435		-	than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL 11
4436		-	USE AMOUNT OF CANN ABIS is a civil offense. 12
4437		-
4438		-	(2) Adjudication of a violation under § 5–601 of this part involving the use 13
4439		-	or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 14
4440		-	OR THE PERSONAL USE AMOUNT OF CANNABIS : 15
4441		-
4442		-	(i) is not a criminal conviction for any purpose; and 16
4443		-
4444		-	(ii) does not impose any of the civil disabilities that may result from 17
4445		-	a criminal conviction. 18
4446		-
4447		-	(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 19
4448		-	or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 20
4449		-	OR THE PERSONAL USE AMOUNT OF CANNABIS shall be signed by the police officer who 21
4450		-	issues the citation and shall contain: 22
4451		-
4452		-	(i) the name, address, and date of birth of the person charged; 23
4453		-
4454		-	(ii) the date and time that the violation occurred; 24
4455		-
4456		-	(iii) the location at which the violation occurred; 25
4457		-
4458		-	(iv) the fine that may be imposed; 26
4459		-
4460		-	(v) a notice stating that prepayment of the fine is allowed, except as 27
4461		-	provided in paragraph (2) of this subsection; and 28
4462		-
4463		-	(vi) a notice in boldface type that states that the person shall: 29
4464		-
4465		-	1. pay the full amount of the preset fine; or 30 SENATE BILL 833 97
4466		-
4467		-
4468		-
4469		-	2. request a trial date at the date, time, and place established 1
4470		-	by the District Court by writ or trial notice. 2
4471		-
4472		-	(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 3
4473		-	use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 4
4474		-	CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS is issued to a person under 5
4475		-	the age of 21 years, the court shall summon the person for trial. 6
4476		-
4477		-	[(ii) If the court finds that a person at least 21 years old who has been 7
4478		-	issued a citation under this section has at least twice previously been found guilty under § 8
4479		-	5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 9
4480		-	court shall summon the person for trial.] 10
4481		-
4482		-	(d) The form of the citation shall be uniform throughout the State and shall be 11
4483		-	prescribed by the District Court. 12
4484		-
4485		-	(e) (1) The Chief Judge of the District Court shall establish a schedule for the 13
4486		-	prepayment of the fine. 14
4487		-
4488		-	(2) Prepayment of a fine shall be considered a plea of guilty to a Code 15
4489		-	violation. 16
4490		-
4491		-	(3) A person described in subsection (c)(2) of this section may not prepay 17
4492		-	the fine. 18
4493		-
4494		-	(f) (1) A person may request a trial by sending a request for trial to the District 19
4495		-	Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 20
4496		-	citation. 21
4497		-
4498		-	(2) If a person other than a person described in subsection (c)(2) of this 22
4499		-	section does not request a trial or prepay the fine within 30 days of the issuance of the 23
4500		-	citation, the court may impose the maximum fine and costs against the person and find the 24
4501		-	person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 25
4502		-
4503		-	(g) The issuing jurisdiction shall forward a copy of the citation and a request for 26
4504		-	trial to the District Court in the district having venue. 27
4505		-
4506		-	(h) (1) The failure of a defendant to respond to a summons described in 28
4507		-	subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 29
4508		-	Article. 30
4509		-
4510		-	(2) If a person at least 21 years old fails to appear after having requested 31
4511		-	a trial, the court may impose the maximum fine and costs against the person and find the 32
4512		-	person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 33
4513		-	98 SENATE BILL 833
4514		-
4515		-
4516		-	(i) In any proceeding for a Code violation under § 5–601 of this part involving the 1
4517		-	use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 2
4518		-	CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS: 3
4519		-
4520		-	(1) the State has the burden to prove the guilt of the defendant by a 4
4521		-	preponderance of the evidence; 5
4522		-
4523		-	(2) the court shall apply the evidentiary standards as prescribed by law or 6
4524		-	rule for the trial of a criminal case; 7
4525		-
4526		-	(3) the court shall ensure that the defendant has received a copy of the 8
4527		-	charges against the defendant and that the defendant understands those charges; 9
4528		-
4529		-	(4) the defendant is entitled to cross–examine all witnesses who appear 10
4530		-	against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 11
4531		-	testify on the defendant’s own behalf, if the defendant chooses to do so; 12
4532		-
4533		-	(5) the defendant is entitled to be represented by counsel of the defendant’s 13
4534		-	choice and at the expense of the defendant; and 14
4535		-
4536		-	(6) the defendant may enter a plea of guilty or not guilty, and the verdict 15
4537		-	of the court in the case shall be: 16
4538		-
4539		-	(i) guilty of a Code violation; 17
4540		-
4541		-	(ii) not guilty of a Code violation; or 18
4542		-
4543		-	(iii) probation before judgment, imposed by the court in the same 19
4544		-	manner and to the same extent as is allowed by law in the trial of a criminal case. 20
4545		-
4546		-	(j) (1) The defendant is liable for the costs of the proceedings in the District 21
4547		-	Court. 22
4548		-
4549		-	(2) The court costs in a Code violation case under § 5–601 of this part 23
4550		-	involving the use or possession of [less than 10 grams of marijuana] THE CIVIL USE 24
4551		-	AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS in which costs 25
4552		-	are imposed are $5. 26
4553		-
4554		-	(k) (1) The State’s Attorney for any county may prosecute a Code violation 27
4555		-	under § 5–601 of this part involving the use or possession of [less than 10 grams of 28
4556		-	marijuana] THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT 29
4557		-	OF CANNABIS in the same manner as prosecution of a violation of the criminal laws of the 30
4558		-	State. 31
4559		-	SENATE BILL 833 99
4560		-
4561		-
4562		-	(2) In a Code violation case under § 5–601 of this part involving the use or 1
4563		-	possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 2
4564		-	OR THE PERSONAL USE AMOUNT OF CANNABIS , the State’s Attorney may: 3
4565		-
4566		-	(i) enter a nolle prosequi or move to place the case on the stet docket; 4
4567		-	and 5
4568		-
4569		-	(ii) exercise authority in the same manner as prescribed by law for 6
4570		-	violation of the criminal laws of the State. 7
4571		-
4572		-	(l) A person issued a citation for a violation of § 5–601 of this part involving the 8
4573		-	use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 9
4574		-	CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS who is under the age of 18 10
4575		-	years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of 11
4576		-	the Courts Article. 12
4577		-
4578		-	(m) A citation for a violation of § 5–601 of this part involving the use or possession 13
4579		-	of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS OR THE 14
4580		-	PERSONAL USE AMOUNT OF CANNABIS and the official record of a court regarding the 15
4581		-	citation are not subject to public inspection and may not be included on the public website 16
4582		-	maintained by the Maryland Judiciary if: 17
4583		-
4584		-	(1) the defendant has prepaid the fine; 18
4585		-
4586		-	(2) the defendant has pled guilty to or been found guilty of the Code 19
4587		-	violation and has fully paid the fine and costs imposed for the violation; 20
4588		-
4589		-	(3) the defendant has received a probation before judgment and has fully 21
4590		-	paid the fine and completed any terms imposed by the court; 22
4591		-
4592		-	(4) the case has been removed from the stet docket after the defendant fully 23
4593		-	paid the fine and completed any terms imposed by the court; 24
4594		-
4595		-	(5) the State has entered a nolle prosequi; 25
4596		-
4597		-	(6) the defendant has been found not guilty of the charge; or 26
4598		-
4599		-	(7) the charge has been dismissed. 27
4600		-
4601		-	5–602. 28
4602		-
4603		-	(A) Except as otherwise provided in this title, a person may not: 29
4604		-
4605		-	(1) distribute or dispense a controlled dangerous substance; or 30
4606		-	100 SENATE BILL 833
4607		-
4608		-
4609		-	(2) possess a controlled dangerous substance OTHER THAN CANNABIS in 1
4610		-	sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 2
4611		-	dispense a controlled dangerous substance. 3
4612		-
4613		-	(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY 4
4614		-	NOT POSSESS CANNABIS IN SUFFICIENT QUANTI TY REASONABLY TO INDICA TE 5
4615		-	UNDER ALL CIRCUMSTAN CES AN INTENT TO DIS TRIBUTE OR DISPENSE CANNABIS. 6
4616		-
4617		-	(2) POSSESSION OF THE CIV IL USE AMOUNT OF CAN NABIS OR THE 7
4618		-	PERSONAL USE AMOUNT OF CANNABIS WITHOUT OTHER EVIDEN CE OF AN INTENT TO 8
4619		-	DISTRIBUTE OR DISPEN SE DOES NOT CONSTITUTE A VIOLATI ON OF PARAGRAPH (1) 9
4620		-	OF THIS SUBSECTION . 10
4621		-
4622		-	5–603. 11
4623		-
4624		-	(A) Except as otherwise provided in this title, a person may not manufacture a 12
4625		-	controlled dangerous substance OTHER THAN CANNABIS , or manufacture, distribute, or 13
4626		-	possess a machine, equipment, instrument, implement, device, or a combination of them 14
4627		-	that is adapted to produce a controlled dangerous substance OTHER THAN CANNABIS 15
4628		-	under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense 16
4629		-	a controlled dangerous substance OTHER THAN CANNABIS in violation of this title. 17
4630		-
4631		-	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 18
4632		-	CULTIVATE OR GROW CA NNABIS OR MANUFACTUR E A CANNABIS PRODUCT , OR 19
4633		-	MANUFACTURE, DISTRIBUTE, OR POSSESS A MACHINE , EQUIPMENT, AN 20
4634		-	INSTRUMENT , AN IMPLEMENT , A DEVICE, OR A COMBINATION OF THEM THAT IS 21
4635		-	ADAPTED TO PRODUCE C ANNABIS OR A CANNABI S PRODUCT UNDER 22
4636		-	CIRCUMSTANCES THAT R EASONABLY INDICATE A N INTENT TO USE IT T O PRODUCE, 23
4637		-	SELL, OR DISPENSE CANNABIS OR A CANNABIS PRODUC T IN VIOLATION OF TH IS 24
4638		-	TITLE. 25
4639		-
4640		-	5–607. 26
4641		-
4642		-	(a) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND §§ 27
4643		-	5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 28
4644		-	5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not 29
4645		-	exceeding 5 years or a fine not exceeding $15,000 or both. 30
4646		-
4647		-	(2) A PERSON WHO VIOLATES § 5–602(B)(1) OR § 5–603(B) OF THIS 31
4648		-	SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTIO N IS SUBJECT TO 32
4649		-	IMPRISONMENT NOT EXC EEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR 33
4650		-	BOTH. 34
4651		-	SENATE BILL 833 101
4652		-
4653		-
4654		-	(b) A person convicted under this section is not prohibited from participating in a 1
4655		-	drug treatment program under § 8–507 of the Health – General Article because of the 2
4656		-	length of the sentence. 3
4657		-
4658		-	5–619. 4
4659		-
4660		-	(c) (1) [This subsection does not apply to the use or possession of drug 5
4661		-	paraphernalia involving the use or possession of marijuana. 6
4662		-
4663		-	(2)] Unless authorized under this title, a person may not use or possess with 7
4664		-	intent to use drug paraphernalia to: 8
4665		-
4666		-	(i) plant, propagate, cultivate, grow, harvest, manufacture, 9
4667		-	compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 10
4668		-	controlled dangerous substance; or 11
4669		-
4670		-	(ii) inject, ingest, inhale, or otherwise introduce into the human body 12
4671		-	a controlled dangerous substance. 13
4672		-
4673		-	[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 14
4674		-	and on conviction is subject to: 15
4675		-
4676		-	(i) for a first violation, a fine not exceeding $500; and 16
4677		-
4678		-	(ii) for each subsequent violation, imprisonment not exceeding 2 17
4679		-	years or a fine not exceeding $2,000 or both. 18
4680		-
4681		-	[(4)] (3) A person who is convicted of violating this subsection for the first 19
4682		-	time and who previously has been convicted of violating subsection (d)(4) of this section is 20
4683		-	subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 21
4684		-
4685		-	5–620. 22
4686		-
4687		-	(a) Unless authorized under this title, a person may not: 23
4688		-
4689		-	(1) obtain or attempt to obtain controlled paraphernalia by: 24
4690		-
4691		-	(i) fraud, deceit, misrepresentation, or subterfuge; 25
4692		-
4693		-	(ii) counterfeiting a prescription or a written order; 26
4694		-
4695		-	(iii) concealing a material fact or the use of a false name or address; 27
4696		-
4697		-	(iv) falsely assuming the title of or representing to be a 28
4698		-	manufacturer, distributor, or authorized provider; or 29
4699		-	102 SENATE BILL 833
4700		-
4701		-
4702		-	(v) making or issuing a false or counterfeit prescription or written 1
4703		-	order; or 2
4704		-
4705		-	(2) possess or distribute controlled paraphernalia under circumstances 3
4706		-	which reasonably indicate an intention to use the controlled paraphernalia for purposes of 4
4707		-	illegally administering a controlled dangerous substance. 5
4708		-
4709		-	(b) Evidence of circumstances that reasonably indicate an intent to use controlled 6
4710		-	paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 7
4711		-	substance unlawfully include the close proximity of the controlled paraphernalia to an 8
4712		-	adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 9
4713		-	distribute, or dispense controlled dangerous substances, including: 10
4714		-
4715		-	(1) a scale; 11
4716		-
4717		-	(2) a sieve; 12
4718		-
4719		-	(3) a strainer; 13
4720		-
4721		-	(4) a measuring spoon; 14
4722		-
4723		-	(5) staples; 15
4724		-
4725		-	(6) a stapler; 16
4726		-
4727		-	(7) a glassine envelope; 17
4728		-
4729		-	(8) a gelatin capsule; 18
4730		-
4731		-	(9) procaine hydrochloride; 19
4732		-
4733		-	(10) mannitol; 20
4734		-
4735		-	(11) lactose; 21
4736		-
4737		-	(12) quinine; and 22
4738		-
4739		-	(13) a controlled dangerous substance. 23
4740		-
4741		-	(c) Information that is communicated to a physician to obtain controlled 24
4742		-	paraphernalia from the physician in violation of this subtitle is not a privileged 25
4743		-	communication. 26
4744		-
4745		-	(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 27
4746		-	violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 28
4747		-	not exceeding 4 years or a fine not exceeding $25,000 or both. 29
4748		-	SENATE BILL 833 103
4749		-
4750		-
4751		-	[(2) A person who violates this section involving the use or possession of 1
4752		-	marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 2
4753		-	or both.] 3
4754		-
4755		-	Article – Criminal Procedure 4
4756		-
4757		-	4–101. 5
4758		-
4759		-	(c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any 6
4760		-	other law allowing a crime to be charged by citation, a police officer shall charge by citation 7
4761		-	for: 8
4762		-
4763		-	1. any misdemeanor or local ordinance violation that does 9
4764		-	not carry a penalty of imprisonment; 10
4765		-
4766		-	2. any other misdemeanor or local ordinance violation not 11
4767		-	involving serious injury or an immediate health risk for which the maximum penalty of 12
4768		-	imprisonment is 90 days or less, except: 13
4769		-
4770		-	A. failure to comply with a peace order under § 3–1508 of the 14
4771		-	Courts Article; 15
4772		-
4773		-	B. failure to comply with a protective order under § 4–509 of 16
4774		-	the Family Law Article; 17
4775		-
4776		-	C. violation of a condition of pretrial or posttrial release 18
4777		-	under § 5–213.1 of this article; 19
4778		-
4779		-	D. possession of an electronic control device after conviction 20
4780		-	of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article; 21
4781		-
4782		-	E. violation of an out–of–state domestic violence order under 22
4783		-	§ 4–508.1 of the Family Law Article; or 23
4784		-
4785		-	F. abuse or neglect of an animal under § 10–604 of the 24
4786		-	Criminal Law Article; or 25
4787		-
4788		-	3. possession of [marijuana] CANNABIS under § 5–601 of the 26
4789		-	Criminal Law Article. 27
4790		-
4791		-	(ii) Subject to paragraph (2) of this subsection, in addition to any 28
4792		-	other law allowing a crime to be charged by citation, a police officer may charge by citation 29
4793		-	for: 30
4794		-
4795		-	1. sale of an alcoholic beverage to an underage drinker or 31
4796		-	intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages 32
4797		-	Article; 33 104 SENATE BILL 833
4798		-
4799		-
4800		-
4801		-	2. malicious destruction of property under § 6–301 of the 1
4802		-	Criminal Law Article, if the amount of damage to the property is less than $500; 2
4803		-
4804		-	3. misdemeanor theft under § 7–104(g)(2) of the Criminal 3
4805		-	Law Article; [or] 4
4806		-
4807		-	4. possession of a controlled dangerous substance other than 5
4808		-	[marijuana] CANNABIS under § 5–601 of the Criminal Law Article; 6
4809		-
4810		-	5. POSSESSION WITH INTENT TO DISTRIBUTE CANNABIS 7
4811		-	UNDER § 5–602(B)(1) OF THE CRIMINAL LAW ARTICLE; OR 8
4812		-
4813		-	6. GROWING OR MANUFACTU RING CANNABIS OR A 9
4814		-	CANNABIS PRODUCT UND ER § 5–603(B) OF THE CRIMINAL LAW ARTICLE. 10
4815		-
4816		-	(2) A police officer may charge a defendant by citation only if: 11
4817		-
4818		-	(i) the officer is satisfied with the defendant’s evidence of identity; 12
4819		-
4820		-	(ii) the officer reasonably believes that the defendant will comply 13
4821		-	with the citation; 14
4822		-
4823		-	(iii) the officer reasonably believes that the failure to charge on a 15
4824		-	statement of charges will not pose a threat to public safety; 16
4825		-
4826		-	(iv) the defendant is not subject to arrest: 17
4827		-
4828		-	1. for an alleged misdemeanor involving serious injury or 18
4829		-	immediate health risk or an alleged felony arising out of the same incident; or 19
4830		-
4831		-	2. based on an outstanding arrest warrant; and 20
4832		-
4833		-	(v) the defendant complies with all lawful orders by the officer. 21
4834		-
4835		-	(3) A police officer who has grounds to make a warrantless arrest for an 22
4836		-	offense that may be charged by citation under this subsection may: 23
4837		-
4838		-	(i) issue a citation in lieu of making the arrest; or 24
4839		-
4840		-	(ii) make the arrest and subsequently issue a citation in lieu of 25
4841		-	continued custody. 26
4842		-
4843		-	10–101. 27
4844		-
4845		-	(a) In this subtitle the following words have the meanings indicated. 28 SENATE BILL 833 105
4846		-
4847		-
4848		-
4849		-	(d) “Expunge” means to remove information from public inspection in accordance 1
4850		-	with this subtitle. 2
4851		-
4852		-	(e) [“Expungement”] EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, 3
4853		-	“EXPUNGEMENT ” with respect to a court record or a police record means removal from 4
4854		-	public inspection: 5
4855		-
4856		-	(1) by obliteration; 6
4857		-
4858		-	(2) by removal to a separate secure area to which persons who do not have 7
4859		-	a legitimate reason for access are denied access; or 8
4860		-
4861		-	(3) if access to a court record or police record can be obtained only by 9
4862		-	reference to another court record or police record, by the expungement of it or the part of it 10
4863		-	that provides access. 11
4864		-
4865		-	10–105. 12
4866		-
4867		-	(a) A person who has been charged with the commission of a crime, including a 13
4868		-	violation of the Transportation Article for which a term of imprisonment may be imposed, 14
4869		-	or who has been charged with a civil offense or infraction, except a juvenile offense, may 15
4870		-	file a petition listing relevant facts for expungement of a police record, court record, or other 16
4871		-	record maintained by the State or a political subdivision of the State if: 17
4872		-
4873		-	(12) the person was convicted of possession of [marijuana] CANNABIS under 18
4874		-	§ 5–601 of the Criminal Law Article; or 19
4875		-
4876		-	(c) (8) A petition for expungement based on the conviction of a crime under 20
4877		-	subsection (a)(12) of this section may not be filed [within 4 years after the conviction or] 21
4878		-	BEFORE satisfactory completion of the sentence, including probation, that was imposed for 22
4879		-	the conviction[, whichever is later]. 23
4880		-
4881		-	10–105.3. 24
4882		-
4883		-	(A) A PERSON INCARCERATED AFTER HAVING BEEN CO NVICTED OF 25
4884		-	POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE MAY 26
4885		-	PRESENT AN APPLICATI ON FOR RESENTENCING TO THE COURT THAT SE NTENCED 27
4886		-	THE PERSON. 28
4887		-
4888		-	(B) THE COURT SHALL GRANT THE APPLICATION AND RESENTENCE THE 29
4889		-	PERSON TO TIME SERVE D. 30
4890		-	106 SENATE BILL 833
4891		-
4892		-
4893		-	(C) IF THE PERSON IS NOT SERVING A CONCURRENT O R CONSECUTIVE 1
4894		-	SENTENCE FOR ANOTHER CRIME, THE PERSON SHALL BE RELEASED FROM 2
4895		-	INCARCERATION . 3
4896		-
4897		-	10–107. 4
4898		-
4899		-	(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic 5
4900		-	violation OR POSSESSION OF CAN NABIS UNDER § 5–601 OF THE CRIMINAL LAW 6
4901		-	ARTICLE, arise from the same incident, transaction, or set of facts, they are considered to 7
4902		-	be a unit. 8
4903		-
4904		-	(2) A charge for a minor traffic violation OR POSSESSION OF CAN NABIS 9
4905		-	UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE that arises from the same incident, 10
4906		-	transaction, or set of facts as a charge in the unit is not a part of the unit. 11
4907		-
4908		-	(b) (1) If a person is not entitled to expungement of one charge or conviction in 12
4909		-	a unit, the person is not entitled to expungement of any other charge or conviction in the 13
4910		-	unit. 14
4911		-
4912		-	(2) The disposition of a charge for a minor traffic violation that arises from 15
4913		-	the same incident, transaction, or set of facts as a charge in the unit does not affect any 16
4914		-	right to expungement of a charge or conviction in the unit. 17
4915		-
4916		-	10–110. 18
4917		-
4918		-	(a) A person may file a petition listing relevant facts for expungement of a police 19
4919		-	record, court record, or other record maintained by the State or a political subdivision of 20
4920		-	the State if the person is convicted of: 21
4921		-
4922		-	(1) a misdemeanor that is a violation of: 22
4923		-
4924		-	(i) § 6–320 of the Alcoholic Beverages Article; 23
4925		-
4926		-	(ii) an offense listed in § 17–613(a) of the Business Occupations and 24
4927		-	Professions Article; 25
4928		-
4929		-	(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 26
4930		-	the Business Regulation Article; 27
4931		-
4932		-	(iv) § 3–1508 or § 10–402 of the Courts Article; 28
4933		-
4934		-	(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 29
4935		-	Article; 30
4936		-
4937		-	(vi) § 5–211 of this article; 31
4938		-	SENATE BILL 833 107
4939		-
4940		-
4941		-	(vii) § 3–203 or § 3–808 of the Criminal Law Article; 1
4942		-
4943		-	(viii) § 5–601 not involving the use or possession of [marijuana] 2
4944		-	CANNABIS, § 5–602(B)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 3
4945		-	5–902 of the Criminal Law Article; 4
4946		-
4947		-	(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 5
4948		-	6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 6
4949		-
4950		-	(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 7
4951		-	Criminal Law Article; 8
4952		-
4953		-	(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 9
4954		-	8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 10
4955		-
4956		-	(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 11
4957		-
4958		-	(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 12
4959		-	Criminal Law Article; 13
4960		-
4961		-	(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 14
4962		-
4963		-	(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 15
4964		-	12–204, § 12–205, or § 12–302 of the Criminal Law Article; 16
4965		-
4966		-	(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 17
4967		-
4968		-	(xvii) § 4–509 of the Family Law Article; 18
4969		-
4970		-	(xviii) § 18–215 of the Health – General Article; 19
4971		-
4972		-	(xix) § 4–411 or § 4–2005 of the Housing and Community Development 20
4973		-	Article; 21
4974		-
4975		-	(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 22
4976		-	27–407.1, or § 27–407.2 of the Insurance Article; 23
4977		-
4978		-	(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 24
4979		-	8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 25
4980		-	limits for personal watercraft; 26
4981		-
4982		-	(xxii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 27
4983		-	Safety Article; 28
4984		-
4985		-	(xxiii) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 29
4986		-
4987		-	(xxiv) § 9–124 of the State Government Article; 30 108 SENATE BILL 833
4988		-
4989		-
4990		-
4991		-	(xxv) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax – 1
4992		-	General Article; 2
4993		-
4994		-	(xxvi) § 16–303 of the Transportation Article; or 3
4995		-
4996		-	(xxvii) the common law offenses of affray, rioting, criminal contempt, 4
4997		-	battery, or hindering; 5
4998		-
4999		-	(2) a felony that is a violation of: 6
5000		-
5001		-	(i) § 7–104 of the Criminal Law Article; 7
5002		-
5003		-	(ii) the prohibition against possession with intent to distribute a 8
5004		-	controlled dangerous substance under [§ 5–602(2)] § 5–602 of the Criminal Law Article; or 9
5005		-
5006		-	(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 10
5007		-
5008		-	(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 11
5009		-	(1) or (2) of this subsection. 12
5010		-
5011		-	(c) (1) Except as provided in paragraphs (2) [and], (3), AND (4) of this 13
5012		-	subsection, a petition for expungement under this section may not be filed earlier than 10 14
5013		-	years after the person satisfies the sentence or sentences imposed for all convictions for 15
5014		-	which expungement is requested, including parole, probation, or mandatory supervision. 16
5015		-
5016		-	(2) A petition for expungement for a violation of § 3–203 of the Criminal 17
5017		-	Law Article, common law battery, or for an offense classified as a domestically related crime 18
5018		-	under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 19
5019		-	the sentence or sentences imposed for all convictions for which expungement is requested, 20
5020		-	including parole, probation, or mandatory supervision. 21
5021		-
5022		-	(3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 22
5023		-	SUBSECTION, A petition for expungement of a felony may not be filed earlier than 15 years 23
5024		-	after the person satisfies the sentence or sentences imposed for all convictions for which 24
5025		-	expungement is requested, including parole, probation, or mandatory supervision. 25
5026		-
5027		-	(4) A PETITION FOR EXPUNGE MENT OF A CONVICTION OF 26
5028		-	POSSESSION WITH INTE NT TO DISTRIBUTE CAN NABIS UNDER § 5–602 OF THE 27
5029		-	CRIMINAL LAW ARTICLE MAY NOT BE FI LED EARLIER THAN 3 YEARS AFTER THE 28
5030		-	PERSON SATISFIES THE SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS 29
5031		-	FOR WHICH EXPUNGEMEN T IS REQUESTED , INCLUDING PAROLE , PROBATION, OR 30
5032		-	MANDATORY SUPERVISIO N. 31
5033		-
5034		-	10–111. 32
5035		-	SENATE BILL 833 109
5036		-
5037		-
5038		-	The Maryland Judiciary Case Search may not in any way refer to the existence of a 1
5039		-	[District Court] criminal case in which: 2
5040		-
5041		-	(1) possession of [marijuana] CANNABIS under § 5–601 of the Criminal 3
5042		-	Law Article is the only charge in the case; and 4
5043		-
5044		-	(2) the charge was disposed of before [October 1, 2014] JULY 1, 2023. 5
5045		-
5046		-	10–112. 6
5047		-
5048		-	(A) IN THIS SECTION, “EXPUNGE” MEANS TO REMOVE ALL REFERENCES TO 7
5049		-	A SPECIFIED CRIMINAL CASE FROM THE CENTRAL REPOSITORY. 8
5050		-
5051		-	(B) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT OF PUBLIC SAFETY 9
5052		-	AND CORRECTIONAL SERVICES SHALL EXPUNG E ALL CASES IN WHICH : 10
5053		-
5054		-	(1) POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW 11
5055		-	ARTICLE IS THE ONLY C HARGE IN THE CASE ; AND 12
5056		-
5057		-	(2) THE CHARGE WAS ISSUE D BEFORE JULY 1, 2023. 13
5058		-
5059		-	Article – Health – General 14
5060		-
5061		-	SUBTITLE 45. CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 15
5062		-
5063		-	13–4501. 16
5064		-
5065		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17
5066		-	INDICATED. 18
5067		-
5068		-	(B) “ADVISORY COUNCIL” MEANS THE CANNABIS PUBLIC HEALTH 19
5069		-	ADVISORY COUNCIL. 20
5070		-
5071		-	(C) “FUND” MEANS THE CANNABIS PUBLIC HEALTH FUND. 21
5072		-
5073		-	13–4502. 22
5074		-
5075		-	(A) THERE IS A CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 23
5076		-
5077		-	(B) THE ADVISORY COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 24
5078		-
5079		-	(1) ONE MEMBER FROM THE SENATE OF MARYLAND, APPOINTED BY 25
5080		-	THE PRESIDENT OF THE SENATE; 26
5081		-	110 SENATE BILL 833
5082		-
5083		-
5084		-	(2) ONE MEMBER FROM THE HOUSE OF DELEGATES, APPOINTED BY 1
5085		-	THE SPEAKER OF THE HOUSE; 2
5086		-
5087		-	(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 3
5088		-
5089		-	(4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 4
5090		-	DEPUTY SECRETARY’S DESIGNEE; 5
5091		-
5092		-	(5) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S 6
5093		-	DESIGNEE; 7
5094		-
5095		-	(6) THE EXECUTIVE DIRECTO R OF THE NATALIE M. LAPRADE 8
5096		-	MEDICAL CANNABIS COMMISSION, OR THE EXECUTIVE DIR ECTOR’S DESIGNEE; 9
5097		-
5098		-	(7) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE STATE 10
5099		-	SUPERINTENDENT ’S DESIGNEE; AND 11
5100		-
5101		-	(8) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR: 12
5102		-
5103		-	(I) ONE REPRESENTATIVE FR OM THE GOVERNOR’S OFFICE OF 13
5104		-	CRIME PREVENTION, YOUTH, AND VICTIM SERVICES; 14
5105		-
5106		-	(II) ONE REPRESENTATIVE FR OM A HISTORICALLY BL ACK 15
5107		-	COLLEGE OR UNIVERSIT Y; 16
5108		-
5109		-	(III) ONE HEALTH CARE PROVI DER WITH EXPERIENCE IN 17
5110		-	CANNABIS; 18
5111		-
5112		-	(IV) ONE PHARMACIST LICENS ED IN THE STATE; 19
5113		-
5114		-	(V) ONE HEALTH CARE PROVI DER WITH EXPERTISE I N 20
5115		-	SUBSTANCE USE DISORD ER TREATMENT AND REC OVERY; 21
5116		-
5117		-	(VI) ONE INDIVIDUAL WITH E XPERTISE IN CANNABIS USE 22
5118		-	DISORDER; 23
5119		-
5120		-	(VII) ONE ACADEMIC RESEARCH ER WITH EXPERTISE IN 24
5121		-	CANNABIS LAW AND POL ICY; 25
5122		-
5123		-	(VIII) ONE INDIVIDUAL WITH A T LEAST 5 YEARS OF EXPERIENCE 26
5124		-	IN HEALTH OR SOCIAL EQUITY; 27
5125		-	SENATE BILL 833 111
5126		-
5127		-
5128		-	(IX) ONE PUBLIC HEALTH PRO FESSIONAL WITH CANNA BIS 1
5129		-	EXPERIENCE; AND 2
5130		-
5131		-	(X) ONE REPRESENTATIVE OF A LABORATORY THAT TE STS 3
5132		-	CANNABIS. 4
5133		-
5134		-	(C) (1) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL 5
5135		-	AND STATE LAW, THE MEMBERSHIP OF TH E ADVISORY COUNCIL SHALL REFLECT 6
5136		-	THE GENDER, ETHNIC, AND RACIAL DIVERSITY OF THE STATE. 7
5137		-
5138		-	(2) THE MEMBERSHIP OF THE ADVISORY COUNCIL SHALL INCLUD E 8
5139		-	RESIDENTS OF RURAL A ND URBAN REGIONS OF THE STATE. 9
5140		-
5141		-	(D) A MEMBER OF THE ADVISORY COUNCIL SHALL FILE A FINANCIAL 10
5142		-	DISCLOSURE STATEMENT WITH THE STATE ETHICS COMMISSION IN ACCORDA NCE 11
5143		-	WITH TITLE 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE. 12
5144		-
5145		-	(E) (1) THE TERM OF AN APPOINTED MEMBER IS 4 YEARS. 13
5146		-
5147		-	(2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS 14
5148		-	REQUIRED BY THE TERM S PROVIDED FOR THE A PPOINTED MEMBERS OF THE 15
5149		-	ADVISORY COUNCIL ON JANUARY 1, 2023. 16
5150		-
5151		-	(3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO 17
5152		-	SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES. 18
5153		-
5154		-	(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 19
5155		-	ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20
5156		-	QUALIFIES. 21
5157		-
5158		-	(5) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN TWO 22
5159		-	CONSECUTIVE FULL TER MS. 23
5160		-
5161		-	13–4503. 24
5162		-
5163		-	(A) THE CHAIR OF THE ADVISORY COUNCIL SHALL BE ELEC TED BY THE 25
5164		-	MEMBERS OF THE ADVISORY COUNCIL. 26
5165		-
5166		-	(B) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE ADVISORY 27
5167		-	COUNCIL IS A QUORUM . 28
5168		-
5169		-	(C) THE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR T IMES EACH 29
5170		-	YEAR, AT THE TIMES AND PLA CES THAT THE ADVISORY COUNCIL DETERMINES . 30 112 SENATE BILL 833
5171		-
5172		-
5173		-
5174		-	(D) THE ADVISORY COUNCIL MAY FORM WORK GROUPS TO ASSIST IN THE 1
5175		-	WORK OF THE ADVISORY COUNCIL. 2
5176		-
5177		-	(E) A MEMBER OF THE ADVISORY COUNCIL: 3
5178		-
5179		-	(1) MAY NOT RECEIVE C OMPENSATION AS A MEM BER OF THE 4
5180		-	ADVISORY COUNCIL; BUT 5
5181		-
5182		-	(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 6
5183		-	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 7
5184		-
5185		-	(F) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT AN D TECHNICAL 8
5186		-	ASSISTANCE FO R THE ADVISORY COUNCIL. 9
5187		-
5188		-	13–4504. 10
5189		-
5190		-	(A) THE ADVISORY COUNCIL SHALL STUDY A ND MAKE RECOMMENDATI ONS 11
5191		-	REGARDING: 12
5192		-
5193		-	(1) THE PROMOTION OF PUBL IC HEALTH AND MITIGA TION OF YOUTH 13
5194		-	USE OF, MISUSE OF, AND ADDICTION TO CAN NABIS; 14
5195		-
5196		-	(2) DATA COLLECTION AND R EPORTING OF DATA THAT MEASURES 15
5197		-	THE IMPACT OF CANNAB IS CONSUMPTION AND L EGALIZATION; 16
5198		-
5199		-	(3) THE IMPACT OF CANNABI S LEGALIZATION ON TH E EDUCATION , 17
5200		-	BEHAVIORAL HEALTH , AND SOMATIC HEALTH O F INDIVIDUALS UNDER THE AGE OF 18
5201		-	21 YEARS; 19
5202		-
5203		-	(4) INITIATIVES TO PREVEN T CANNABIS USE BY INDIVIDUALS UNDER 20
5204		-	THE AGE OF 21 YEARS, INCLUDING EDUCATIONA L PROGRAMS FOR USE I N SCHOOLS; 21
5205		-
5206		-	(5) PUBLIC HEALTH CAMPAIG NS ON CANNABIS ; 22
5207		-
5208		-	(6) ADVERTISING, LABELING, PRODUCT TESTING , AND QUALITY 23
5209		-	CONTROL REQUIREMENTS ; 24
5210		-
5211		-	(7) TRAINING FOR HEALTH C ARE PROVIDERS RELATE D TO CANNABIS 25
5212		-	USE; 26
5213		-	SENATE BILL 833 113
5214		-
5215		-
5216		-	(8) BEST PRACTICES REGARD ING REQUIREMENTS TO REDUCE THE 1
5217		-	APPEAL OF CANNABIS T O MINORS , INCLUDING ADVERTISIN G, POTENCY, 2
5218		-	PACKAGING, AND LABELING STANDAR DS; AND 3
5219		-
5220		-	(9) ANY OTHER ISSUES THAT ADVANCE PUBLIC HEALTH RELA TED TO 4
5221		-	CANNABIS USE AND LEG ALIZATION. 5
5222		-
5223		-	(B) TO THE EXTENT PRACTIC ABLE, THE ADVISORY COUNCIL SHALL 6
5224		-	CONSIDER ANY DATA CO LLECTED BY THE STATE RELATED TO CANN ABIS USE WHEN 7
5225		-	MAKING RECOMMENDATIO NS, INCLUDING DATA COLLE CTED UNDER § 13–4401 OF 8
5226		-	THIS TITLE. 9
5227		-
5228		-	13–4505. 10
5229		-
5230		-	(A) THERE IS A CANNABIS PUBLIC HEALTH FUND. 11
5231		-
5232		-	(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO ADDRESS THE 12
5233		-	HEALTH EFFECTS ASSOC IATED WITH THE LEGAL IZATION OF ADULT –USE CANNABIS. 13
5234		-
5235		-	(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 14
5236		-
5237		-	(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 15
5238		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
5239		-
5240		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
5241		-	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
5242		-
5243		-	(E) THE FUND CONSISTS O F: 19
5244		-
5245		-	(1) REVENUE DISTRIBUTED T O THE FUND BASED ON REVENUE S 20
5246		-	FROM ADULT –USE CANNABIS; 21
5247		-
5248		-	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 22
5249		-	AND 23
5250		-
5251		-	(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 24
5252		-	THE BENEFIT OF THE FUND. 25
5253		-
5254		-	(F) THE FUND MAY BE USED ONLY FOR : 26
5255		-
5256		-	(1) SUPPORTING THE ADVISORY COUNCIL IN PERFORMING ITS 27
5257		-	DUTIES; 28
5258		-	114 SENATE BILL 833
5259		-
5260		-
5261		-	(2) SUPPORTING DATA COLLE CTION AND RESEARCH O N THE 1
5262		-	EFFECTS OF CANNABIS LEGALIZATION IN THE STATE; 2
5263		-
5264		-	(3) PROVIDING FUNDING FOR EDUCATION AND PUBLIC AWARENESS 3
5265		-	CAMPAIGNS RELAT ED TO CANNABIS USE , INCLUDING FUNDING FO R EDUCATIONAL 4
5266		-	PROGRAMS TO BE USED IN SCHOOLS; 5
5267		-
5268		-	(4) SUPPORTING SUBSTANCE USE DISORDER COUNSEL ING AND 6
5269		-	TREATMENT FOR INDIVI DUALS; AND 7
5270		-
5271		-	(5) TRAINING AND EQUIPMENT FOR LAW ENFORCEMENT TO 8
5272		-	RECOGNIZE IMPAIRMENT S DUE TO CANNABIS; AND 9
5273		-
5274		-	(6) PURCHASING TECHNOLOGY PROVEN TO BE EFFECTI VE AT 10
5275		-	MEASURING CANNABIS L EVELS IN DRIVERS . 11
5276		-
5277		-	(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 12
5278		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 13
5279		-
5280		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 14
5281		-	THE FUND. 15
5282		-
5283		-	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 16
5284		-	WITH THE STATE BUDGET . 17
5285		-
5286		-	13–4506. 18
5287		-
5288		-	ON OR BEFORE DECEMBER 1 EACH YEAR, THE ADVISORY COUNCIL SHALL 19
5289		-	REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND, IN 20
5290		-	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 21
5291		-	ASSEMBLY. 22
5292		-
5293		-	24–501. 23
5294		-
5295		-	(a) In this subtitle the following words have the meanings indicated. 24
5296		-
5297		-	(B) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THE CRIMINAL 25
5298		-	LAW ARTICLE. 26
5299		-
5300		-	[(b)] (C) “Employee” has the meaning stated in § 5–101 of the Labor and 27
5301		-	Employment Article. 28
5302		-
5303		-	[(c)] (D) “Employer” has the meaning stated in § 5–101 of the Labor and 29
5304		-	Employment Article. 30 SENATE BILL 833 115
5305		-
5306		-
5307		-
5308		-	[(d)] (E) “Environmental [tobacco] smoke” means the complex mixture formed 1
5309		-	from the escaping smoke of a burning tobacco, CANNABIS, OR HEMP product or smoke 2
5310		-	exhaled by the smoker. 3
5311		-
5312		-	[(e)] (F) “Indoor area open to the public” means: 4
5313		-
5314		-	(1) An indoor area or a portion of an indoor area accessible to the public by 5
5315		-	either invitation or permission; or 6
5316		-
5317		-	(2) An indoor area of any establishment licensed or permitted under the 7
5318		-	Alcoholic Beverages Article for the sale or possession of alcoholic beverages. 8
5319		-
5320		-	[(f)] (G) “Place of employment” has the meaning stated in § 5–101 of the Labor 9
5321		-	and Employment Article. 10
5322		-
5323		-	[(g)] (H) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 11
5324		-	other matter or substance [that contains tobacco] CONTAINING, WHOLLY OR IN PART , 12
5325		-	TOBACCO, CANNABIS, OR HEMP. 13
5326		-
5327		-	24–502. 14
5328		-
5329		-	It is the intent of the General Assembly that the State protect the public and 15
5330		-	employees from involuntary exposure to environmental [tobacco] smoke in indoor areas 16
5331		-	open to the public, indoor places of employment, and certain designated private areas. 17
5332		-
5333		-	24–503. 18
5334		-
5335		-	The purpose of this subtitle is to preserve and improve the health, comfort, and 19
5336		-	environment of the people of the State by limiting exposure to environmental [tobacco] 20
5337		-	smoke. 21
5338		-
5339		-	24–504. 22
5340		-
5341		-	Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 23
5342		-	person may not smoke in: 24
5343		-
5344		-	(1) An indoor area open to the public; 25
5345		-
5346		-	(2) An indoor place in which meetings are open to the public in accordance 26
5347		-	with Title 3 of the General Provisions Article; 27
5348		-
5349		-	(3) A government–owned or government–operated means of mass 28
5350		-	transportation including buses, vans, trains, taxicabs, and limousines; or 29
5351		-
5352		-	(4) An indoor place of employment. 30 116 SENATE BILL 833
5353		-
5354		-
5355		-
5356		-	24–505. 1
5357		-
5358		-	This subtitle does not apply to: 2
5359		-
5360		-	(1) Private homes, residences, including residences used as a business or 3
5361		-	place of employment, unless being used by a person who is licensed or registered under 4
5362		-	Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 5
5363		-	unless being used for the public transportation of children, or as part of health care or child 6
5364		-	care transportation; 7
5365		-
5366		-	(2) A hotel or motel room rented to one or more guests as long as the total 8
5367		-	percent of hotel or motel rooms being so used does not exceed 25%; 9
5368		-
5369		-	(3) A retail tobacco business that is a sole proprietorship, limited liability 10
5370		-	company, corporation, partnership, or other enterprise, in which: 11
5371		-
5372		-	(i) The primary activity is the retail sale of tobacco products and 12
5373		-	accessories; and 13
5374		-
5375		-	(ii) The sale of other products is incidental; 14
5376		-
5377		-	(4) Any facility of a manufacturer, importer, wholesaler, or distributor of 15
5378		-	tobacco products or of any tobacco leaf dealer or processor in which employees of the 16
5379		-	manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 17
5380		-
5381		-	(5) A research or educational laboratory for the purpose of conducting 18
5382		-	scientific research into the health effects of tobacco smoke. 19
5383		-
5384		-	24–507. 20
5385		-
5386		-	(a) The Department shall adopt regulations that prohibit environmental 21
5387		-	[tobacco] smoke in indoor areas open to the public. 22
5388		-
5389		-	(b) On or before September 30 of each year, the Department shall report, in 23
5390		-	accordance with § 2–1257 of the State Government Article, to the General Assembly on: 24
5391		-
5392		-	(1) The enforcement efforts of the Department to eliminate environmental 25
5393		-	[tobacco] smoke in indoor areas open to the public during the prior year; and 26
5394		-
5395		-	(2) The results of these enforcement efforts. 27
5396		-
5397		-	24–508. 28
5398		-
5399		-	(a) Subject to subsection (c) of this section and except as provided in subsection 29
5400		-	(d) of this section, a person who violates a provision of this subtitle or a regulation adopted 30
5401		-	under § 24–507(a) of this subtitle: 31 SENATE BILL 833 117
5402		-
5403		-
5404		-
5405		-	(1) For a first violation, shall be issued a written reprimand by the 1
5406		-	Secretary or the Secretary’s designee; 2
5407		-
5408		-	(2) For a second violation, is subject to a civil penalty of $100; and 3
5409		-
5410		-	(3) For each subsequent violation, is subject to a civil penalty not less than 4
5411		-	$250. 5
5412		-
5413		-	(b) The Secretary may waive a penalty established under subsection (a) of this 6
5414		-	section, giving consideration to factors that include: 7
5415		-
5416		-	(1) The seriousness of the violation; and 8
5417		-
5418		-	(2) Any demonstrated good faith measures to comply with the provisions of 9
5419		-	this subtitle. 10
5420		-
5421		-	(c) (1) This subsection does not apply to an alleged violation of subsection (d) 11
5422		-	of this section. 12
5423		-
5424		-	(2) It is an affirmative defense to a complaint brought against a person for 13
5425		-	a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 14
5426		-	person or an employee of the person: 15
5427		-
5428		-	(i) Posted a “No Smoking” sign as required under § 24–506 of this 16
5429		-	subtitle; 17
5430		-
5431		-	(ii) Removed all ashtrays and other smoking paraphernalia from all 18
5432		-	areas where smoking is prohibited; and 19
5433		-
5434		-	(iii) If the violation occurred in a bar, tavern, or restaurant: 20
5435		-
5436		-	1. Refused to seat or serve any individual who was smoking 21
5437		-	in a prohibited area; and 22
5438		-
5439		-	2. If the individual continued to smoke after an initial 23
5440		-	warning, asked the individual to leave the establishment. 24
5441		-
5442		-	(d) An employer who discharges or discriminates against an employee because 25
5443		-	that employee has made a complaint, has given information to the Department in 26
5444		-	accordance with this subtitle, has caused to be instituted or is about to cause to be instituted 27
5445		-	a proceeding under this subtitle, or has testified or is about to testify in a proceeding under 28
5446		-	this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil 29
5447		-	penalty of at least $2,000 but not more than $10,000 for each violation. 30
5448		-
5449		-	(e) (1) An employee may not: 31
5450		-	118 SENATE BILL 833
5451		-
5452		-
5453		-	(i) Make a groundless or malicious complaint under this subtitle to 1
5454		-	the Secretary or an authorized representative of the Secretary; 2
5455		-
5456		-	(ii) In bad faith, bring an action under this subtitle; or 3
5457		-
5458		-	(iii) In bad faith, testify in an action under this subtitle or a 4
5459		-	proceeding that relates to the subject of this subtitle. 5
5460		-
5461		-	(2) The Secretary may bring an action for injunctive relief and damages 6
5462		-	against a person who violates the provisions of paragraph (1) of this subsection. 7
5463		-
5464		-	(f) A penalty collected by the Secretary under this section shall be paid to the 8
5465		-	Cigarette Restitution Fund established under § 7–317 of the State Finance and 9
5466		-	Procurement Article. 10
5467		-
5468		-	24–510. 11
5469		-
5470		-	Nothing in this subtitle shall be construed to preempt a county or municipal 12
5471		-	government from enacting and enforcing more stringent measures to reduce involuntary 13
5472		-	exposure to environmental [tobacco] smoke. 14
5473		-
5474		-	SECTION 6. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
5475		-	as follows: 16
5476		-
5477		-	Article – Criminal Law 17
5478		-
5479		-	10–123. 18
5480		-
5481		-	(a) In this part the following words have the meanings indicated. 19
5482		-
5483		-	(b) “Alcoholic beverage” has the meaning stated in § 21–903 of the Transportation 20
5484		-	Article. 21
5485		-
5486		-	(c) “Bus” has the meaning stated in § 11–105 of the Transportation Article. 22
5487		-
5488		-	(D) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THIS ARTICLE. 23
5489		-
5490		-	[(d)] (E) “Highway” has the meaning stated in § 11–127 of the Transportation 24
5491		-	Article. 25
5492		-
5493		-	[(e)] (F) “Limousine” has the meaning stated in § 11 –129.1 of the 26
5494		-	Transportation Article. 27
5495		-
5496		-	[(f)] (G) “Motor home” has the meaning stated in § 11 –134.3 of the 28
5497		-	Transportation Article. 29
5498		-	SENATE BILL 833 119
5499		-
5500		-
5501		-	[(g)] (H) (1) “Motor vehicle” means a vehicle that: 1
5502		-
5503		-	(i) is self–propelled or propelled by electric power obtained from 2
5504		-	overhead electrical wires; and 3
5505		-
5506		-	(ii) is not operated on rails. 4
5507		-
5508		-	(2) “Motor vehicle” includes: 5
5509		-
5510		-	(i) a low speed vehicle, as defined in § 11 –130.1 of the 6
5511		-	Transportation Article; 7
5512		-
5513		-	(ii) a moped, as defined in § 11–134.1 of the Transportation Article; 8
5514		-	and 9
5515		-
5516		-	(iii) a motor scooter, as defined in § 11–134.5 of the Transportation 10
5517		-	Article. 11
5518		-
5519		-	[(h)] (I) “Moving violation” has the meaning stated in § 11–136.1 of the 12
5520		-	Transportation Article. 13
5521		-
5522		-	[(i)] (J) “Open container” means a bottle, can, or other receptacle: 14
5523		-
5524		-	(1) that is open; 15
5525		-
5526		-	(2) that has a broken seal; or 16
5527		-
5528		-	(3) from which the contents are partially removed. 17
5529		-
5530		-	[(j)] (K) “Passenger area” has the meaning stated in § 21–903 of the 18
5531		-	Transportation Article. 19
5532		-
5533		-	[(k)] (L) “Taxicab” has the meaning stated in § 11–165 of the Transportation 20
5534		-	Article. 21
5535		-
5536		-	10–125. 22
5537		-
5538		-	(a) (1) Except as otherwise provided in subsection (c) of this section, an 23
5539		-	occupant of a motor vehicle may not possess an open container that contains any amount 24
5540		-	of an alcoholic beverage in a passenger area of a motor vehicle on a highway. 25
5541		-
5542		-	(2) A driver of a motor vehicle may not be subject to prosecution for a 26
5543		-	violation of this subsection based solely on possession of an open container that contains 27
5544		-	any amount of an alcoholic beverage by another occupant of the motor vehicle. 28
5545		-
5546		-	(b) (1) This subsection does not apply to the driver of a motor vehicle. 29
5547		-	120 SENATE BILL 833
5548		-
5549		-
5550		-	(2) Except as otherwise provided in subsection (c) of this section, an 1
5551		-	occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of 2
5552		-	a motor vehicle on a highway. 3
5553		-
5554		-	(3) AN OCCUPANT OF A MOTO R VEHICLE MAY NOT SM OKE CANNABIS 4
5555		-	IN A PASSENGER AREA OF A MOTOR VEHICLE O N A HIGHWAY. 5
5556		-
5557		-	(c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who 6
5558		-	is not the driver, in: 7
5559		-
5560		-	(1) a motor vehicle designed, maintained, and used primarily for the 8
5561		-	transportation of a person for compensation, including: 9
5562		-
5563		-	(i) a bus; 10
5564		-
5565		-	(ii) a taxicab; or 11
5566		-
5567		-	(iii) a limousine; or 12
5568		-
5569		-	(2) the living quarters of a motor home, motor coach, or recreational 13
5570		-	vehicle. 14
5571		-
5572		-	(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 15
5573		-	Article, or any other provision of law, the prohibitions contained in this section apply 16
5574		-	throughout the State. 17
5575		-
5576		-	(e) A violation of this section is not: 18
5577		-
5578		-	(1) a moving violation for the purposes of § 16–402 of the Transportation 19
5579		-	Article; or 20
5580		-
5581		-	(2) a traffic violation for the purposes of the Maryland Vehicle Law. 21
5582		-
5583		-	Article – Health – General 22
5584		-
5585		-	SUBTITLE 46. COMMUNITY REINVESTMENT AND REPAIR FUND. 23
5586		-
5587		-	13–4601. 24
5588		-
5589		-	(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 25
5590		-
5591		-	(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO 26
5592		-	COMMUNITY –BASED ORGANIZATIONS THAT SERVE COMMUNITI ES DETERMINED BY 27
5593		-	THE OFFICE OF THE ATTORNEY GENERAL TO HAVE BEEN THE MOST IMPACTED BY 28
5594		-	DISPROPORTIONATE ENF ORCEMENT OF THE CANN ABIS PROHIBITION BEF ORE JULY 29
5595		-	1, 2022. 30 SENATE BILL 833 121
5596		-
5597		-
5598		-
5599		-	(3) THE COMPTROLLER SHALL ADM INISTER THE FUND. 1
5600		-
5601		-	(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 2
5602		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 3
5603		-
5604		-	(II) THE STATE TREASURER SHALL HOLD THE FUND 4
5605		-	SEPARATELY, AND THE COMPTROLLER SHALL ACCOUN T FOR THE FUND. 5
5606		-
5607		-	(5) THE FUND CONSISTS OF : 6
5608		-
5609		-	(I) REVENUE DISTRIBUTED T O THE FUND THAT IS AT LEAST 7
5610		-	30% OF THE REVENUES FROM ADULT–USE CANNABIS; 8
5611		-
5612		-	(II) LICENSING FEES PAID BY DUAL–LICENSED CANNABIS 9
5613		-	ESTABLISHMENTS ; AND 10
5614		-
5615		-	(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D 11
5616		-	FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 12
5617		-	BY THE COMPTROLLER FOR THE A CCEPTANCE OF DONATIO NS OR GIFTS TO THE 13
5618		-	FUND. 14
5619		-
5620		-	(6) (I) THE FUND MAY BE USED ONLY FOR: 15
5621		-
5622		-	1. FUNDING COMMUNITY –BASED INITIATIVES 16
5623		-	INTENDED TO BENEFIT LOW–INCOME COMMUNITIES ; 17
5624		-
5625		-	2. FUNDING COMMUNITY –BASED INITIATIVES TH AT 18
5626		-	SERVE COMMUNITIES DI SPROPORTIONATELY HAR MED BY THE CANNABIS 19
5627		-	PROHIBITION AND ENFO RCEMENT; AND 20
5628		-
5629		-	3. ANY RELATED ADMINISTR ATIVE EXPENSES . 21
5630		-
5631		-	(II) MONEY MAY NOT BE EXPE NDED FROM THE FUND FOR LAW 22
5632		-	ENFORCEMENT AGENCIES OR ACTIVITIES. 23
5633		-
5634		-	(III) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO 24
5635		-	AND MAY NOT SUPPLANT FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED 25
5636		-	FOR PREEXISTING LOCA L GOVERNMENT PROGRAM S. 26
5637		-
5638		-	(7) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 27
5639		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 28
5640		-	122 SENATE BILL 833
5641		-
5642		-
5643		-	(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 1
5644		-
5645		-	(I) THE GENERAL FUND OF THE STATE; OR 2
5646		-
5647		-	(II) ANY OTHER SPECIAL FUN D OF THE STATE. 3
5648		-
5649		-	(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND. 4
5650		-
5651		-	(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 5
5652		-	AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 6
5653		-
5654		-	(B) (1) THE COMPTROLLER SHALL DIS TRIBUTE FUNDS FROM T HE FUND 7
5655		-	TO EACH COUNTY IN AN AMOUNT THAT , FOR THE PERIOD FROM JULY 1, 2002, TO 8
5656		-	JUNE 30, 2022, BOTH INCLUSIVE , IS PROPORTIONATE TO THE TOTAL NUMBER OF 9
5657		-	MARIJUANA ARRESTS IN THE COUNTY COMPARED TO THE TOTAL NUMBER OF 10
5658		-	MARIJUANA ARRESTS IN THE STATE. 11
5659		-
5660		-	(2) (I) SUBJECT TO THE LIMITA TIONS UNDER SUBSECTI ON (A)(6) 12
5661		-	OF THIS SECTION, EACH COUNTY SHALL AD OPT A LAW ESTABLISHI NG THE PURPOSE 13
5662		-	FOR WHICH MONEY RECE IVED FROM THE FUND MAY BE USED . 14
5663		-
5664		-	(II) ON OR BEFORE DECEMBER 1 EVERY 2 YEARS, BEGINNING 15
5665		-	IN 2024, EACH LOCAL JU RISDICTION SHALL SUB MIT A REPORT TO THE GOVERNOR 16
5666		-	AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 17
5667		-	SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE FINANCE COMMITTEE, 18
5668		-	THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT 19
5669		-	OPERATIONS COMMITTEE ON HOW FUND S RECEIVED FROM THE FUND WERE SPENT 20
5670		-	DURING THE IMMEDIATE LY PRECEDING 2 FISCAL YEARS. 21
5671		-
5672		-	Article – Tax – General 22
5673		-
5674		-	TITLE 12.5. CANNABIS TAX. 23
5675		-
5676		-	12.5–101. 24
5677		-
5678		-	(A) THIS SECTION IS NOT A PPLICABLE TO MEDICAL CANNABIS SOLD UNDER 25
5679		-	TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 26
5680		-
5681		-	(B) (1) UNTIL APRIL 1, 2026, A 10% EXCISE TAX IS IMPOSE D ON THE SALE 27
5682		-	OR TRANSFER OF CANNA BIS FROM A CANNABIS ESTABLISHMENT LICENS ED UNDER 28
5683		-	TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 29
5684		-
5685		-	(2) FROM APRIL 1, 2026, TO MARCH 30, 2028, BOTH INCLUSIVE , A 30
5686		-	15% EXCISE TAX IS IMPOSE D ON THE SALE OR TRA NSFER OF CANNABIS FR OM A 31 SENATE BILL 833 123
5687		-
5688		-
5689		-	CANNABIS ESTABLISHME NT LICENSED UNDER TITLE 23 OF THE HEALTH – GENERAL 1
5690		-	ARTICLE TO A CONSUMER . 2
5691		-
5692		-	(3) BEGINNING APRIL 1, 2028, A 20% EXCISE TAX IS IMPO SED ON THE 3
5693		-	SALE OR TRANSFER OF CANNABIS FROM A CANN ABIS ESTABLISHMENT L ICENSED 4
5694		-	UNDER TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 5
5695		-
5696		-	(C) SALES OF CANNABIS BY A CANNABIS ESTABLISH MENT TO A CONSUMER 6
5697		-	ARE NOT SUBJECT TO A SALES AND USE TAX IM POSED UNDER TITLE 11 OF THIS 7
5698		-	ARTICLE. 8
5699		-
5700		-	(D) (1) TAXES IMPOSED UNDER T HIS SECTION SHALL AP PLY ONLY AT THE 9
5701		-	POINT OF SALE TO A C ONSUMER. 10
5702		-
5703		-	(2) NO TAXES SHALL APPLY TO SALES OR TRANSFER S OF CANNABIS 11
5704		-	BETWEEN CANNABIS EST ABLISHMENTS . 12
5705		-
5706		-	12.5–102. 13
5707		-
5708		-	(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A COUNTY 14
5709		-	MAY IMPOSE A SALES T AX NOT EXCEEDING 3% ON SALES OF CANNABIS AND 15
5710		-	CANNABIS PRODUCTS TO CONSUMERS WITHIN ITS JURISDICTION. 16
5711		-
5712		-	(B) A COUNTY MAY NOT IMPOS E A SALES TAX UNDER SUBSECTION (A) OF 17
5713		-	THIS SECTION ON SALE S OF MEDICAL CANNABIS UND ER TITLE 23 OF THE HEALTH – 18
5714		-	GENERAL ARTICLE. 19
5715		-
5716		-	12.5–103. 20
5717		-
5718		-	(A) (1) IN THIS SECTION, “FUND” MEANS THE CANNABIS REGULATION 21
5719		-	FUND. 22
5720		-
5721		-	(2) THERE IS A CANNABIS REGULATION FUND. 23
5722		-
5723		-	(3) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO BE 24
5724		-	DISTRIBUTED AND USED IN ACCORDANCE WITH S UBSECTION (C) OF THIS SECTION. 25
5725		-
5726		-	(4) THE ALCOHOL AND TOBACCO COMMISSION SHALL ADMI NISTER 26
5727		-	THE FUND. 27
5728		-
5729		-	(5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 28
5730		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 29
5731		-	124 SENATE BILL 833
5732		-
5733		-
5734		-	(II) THE STATE TREASURER SHALL HOLD THE FUND 1
5735		-	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
5736		-
5737		-	(6) THE FUND CONSISTS OF : 3
5738		-
5739		-	(I) ALL APPLICATION AND LICENSING FEES PAID BY CANNABIS 4
5740		-	ESTABLISHMENTS UNDER TITLE 23, SUBTITLE 4 OF THE HEALTH – GENERAL 5
5741		-	ARTICLE, EXCEPT FOR RETAILER AND DUAL LICENSE FEE S THAT ARE PAYABLE 6
5742		-	DIRECTLY TO THE SOCIAL EQUITY START–UP FUND; 7
5743		-
5744		-	(II) ALL TAXES COLLECTED UNDER § 12.5–101 OF THIS TITLE; 8
5745		-
5746		-	(III) INTEREST EARNINGS ; AND 9
5747		-
5748		-	(IV) ANY OTHER M ONEY FROM ANY OTHER SOURCE ACCEPTED 10
5749		-	FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 11
5750		-	BY THE ALCOHOL AND TOBACCO COMMISSION FOR THE AC CEPTANCE OF 12
5751		-	DONATIONS OR GIFTS T O THE FUND. 13
5752		-
5753		-	(7) THE FUND MAY BE USED ONLY FOR CARRYING OUT THI S TITLE. 14
5754		-
5755		-	(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 15
5756		-	FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 16
5757		-
5758		-	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 17
5759		-	CREDITED TO THE FUND. 18
5760		-
5761		-	(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 19
5762		-	DIRECTED BY THE ALCOHOL AND TOBACCO COMMISSION. 20
5763		-
5764		-	(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 21
5765		-	AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 22
5766		-
5767		-	(B) ON OR BEFORE MARCH 15 EACH YEAR, THE ALCOHOL AND TOBACCO 23
5768		-	COMMISSION SHALL PRODUC E AND PUBLISH ON ITS WEBSITE A DETAILED R EPORT 24
5769		-	ON REVENUES AND EXPE NDITURES FROM THE FUND, INCLUDING A DETAILED 25
5770		-	REPORTING OF MONEY R ETAINED AND SPENT TO DEFRAY THE COST OF 26
5771		-	ADMINISTRATION OF TH IS TITLE. 27
5772		-
5773		-	(C) THE FUND SHALL BE DISTRIB UTED AS FOLLOWS: 28
5774		-
5775		-	(1) THE ALCOHOL AND TOBACCO COMMISSION SHALL RETA IN 29
5776		-	SUFFICIENT MONEY TO DEFRAY THE ENTIRE CO ST OF ADMINISTRATION OF THIS 30
5777		-	TITLE; AND 31 SENATE BILL 833 125
5778		-
5779		-
5780		-
5781		-	(2) REVENUES GENERATED I N EXCESS OF THE AMOU NT OF THOSE 1
5782		-	NECESSARY TO DEFRAY THE ENTIRE COST OF A DMINISTRATION OF THIS TITLE 2
5783		-	SHALL BE DISTRIBUTED NOT LESS THAN ONCE E VERY QUARTER AS FOLL OWS: 3
5784		-
5785		-	(I) 25% TO THE COMMUNITY REINVESTMENT AND REPAIR 4
5786		-	FUND, ESTABLISHED UNDER § 23–204 OF THE HEALTH – GENERAL ARTICLE; 5
5787		-
5788		-	(II) 10% TO THE SOCIAL EQUITY START–UP FUND; 6
5789		-
5790		-	(III) 3% FOR TECHNICAL ASSIST ANCE FOR SOCIAL EQUI TY AND 7
5791		-	MINORITY BUSINESS CA NNABIS ESTABLISHMENT APPLICANTS; 8
5792		-
5793		-	(IV) 5% TO THE CANNABIS EDUCATION AND TRAINING FUND, 9
5794		-	ESTABLISHED UNDER § 23–203 OF THE HEALTH – GENERAL ARTICLE; 10
5795		-
5796		-	(V) 20% TO THE MARYLAND DEPARTMENT OF HEALTH FOR 11
5797		-	USE IN EVIDENCE –BASED, VOLUNTARY PROGRAMS F OR THE PREVENTION OR 12
5798		-	TREATMENT OF SUBSTAN CE ABUSE OR MENTAL H EALTH ISSUES; 13
5799		-
5800		-	(VI) 2% TO THE MARYLAND DEPARTMENT OF HEALTH FOR A 14
5801		-	SCIENTIFICALLY AND M EDICALLY ACCURATE PU BLIC EDUCATION CA MPAIGN 15
5802		-	EDUCATING YOUTH AND ADULTS ABOUT THE HEA LTH AND SAFETY RISKS OF 16
5803		-	ALCOHOL, TOBACCO, CANNABIS, AND OTHER SUBSTANCES , INCLUDING THE RISKS 17
5804		-	OF DRIVING WHILE IMP AIRED; 18
5805		-
5806		-	(VII) 2% TO THE MARYLAND DEPARTMENT OF HEALTH TO FUND 19
5807		-	DIVERSE SCIENTIFIC , ACADEMIC, OR MEDICAL RESEARCH ON CANNABIS OR 20
5808		-	ENDOCANNABINOIDS , INCLUDING RESEARCH E XPLORING THE BENEFIT S OF 21
5809		-	CANNABIS, ON THE CONDITION THA T ALL FUNDED RESEARC H DATA, RESULTS, AND 22
5810		-	PAPERS MU ST BE RELEASED INTO THE PUBLIC DOMAIN AN D MUST BE PUBLISHED 23
5811		-	FOR FREE AND OPEN AC CESS BY THE PUBLIC A ND BY OTHER RESEARCH ERS; 24
5812		-
5813		-	(VIII) 1% TO THE DEPARTMENT OF STATE POLICE FOR 25
5814		-	ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT AND DRUG 26
5815		-	RECOGNITION EXPERT (DRE) TRAINING; 27
5816		-
5817		-	(IX) 10% TO THE ENDOWMENTS OF THE STATE’S HISTORICALLY 28
5818		-	BLACK COLLEGES AND U NIVERSITIES; 29
5819		-
5820		-	(X) 15% TO LOCAL IMPACT AID ; AND 30
5821		-
5822		-	(XI) 7% TO THE GENERAL FUND OF THE STATE. 31
5823		-	126 SENATE BILL 833
5824		-
5825		-
5826		-	12.5–104. 1
5827		-
5828		-	NOTWITHSTANDING ANY F EDERAL TAX LAW TO TH E CONTRARY , IN 2
5829		-	COMPUTING NET INCOME FOR BUSINESSES EXEMP TED FROM CRIMINAL PE NALTIES 3
5830		-	UNDER STATE LAW, THERE SHALL BE ALLOW ED AS A DEDUCTION FR OM STATE 4
5831		-	TAXES ALL THE ORDINA RY AND NECESSARY EXP ENSES PAID OR INCURR ED DURING 5
5832		-	THE TAXABLE YEAR IN CARRYING ON A TRADE OR BUSINE SS AS A CANNABIS 6
5833		-	ESTABLISHMENT AS DEF INED BY § 23–101 OF THE HEALTH – GENERAL ARTICLE, OR 7
5834		-	AN ENTITY LICENSED U NDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL 8
5835		-	ARTICLE, INCLUDING REASONABLE ALLOWANCE FOR SALARI ES OR OTHER 9
5836		-	COMPENSATION FOR PER SONAL SERVICE S ACTUALLY RENDERED . 10
5837		-
5838		-	Article – Transportation 11
5839		-
5840		-	21–902. 12
5841		-
5842		-	(a) (1) (i) A person may not drive or attempt to drive any vehicle while 13
5843		-	under the influence of alcohol. 14
5844		-
5845		-	(ii) A person may not drive or attempt to drive any vehicle while the 15
5846		-	person is under the influence of alcohol per se. 16
5847		-
5848		-	(iii) 1. IN THIS SUBPARAGRAPH , “UNDER THE INFLUENCE OF 17
5849		-	CANNABIS PER SE ” MEANS HAVING A CONCE NTRATION AT THE TIME OF TESTING OF 18
5850		-	5 NANOGRAMS OR MORE OF DELTA–9–TETRAHYDROCANNABINOL AS MEASURED 19
5851		-	PER MILLILITER OF BL OOD. 20
5852		-
5853		-	2. A PERSON MAY NOT DRIVE OR ATTEMPT TO DRIVE 21
5854		-	ANY VEHICLE WHILE TH E PERSON IS UNDER TH E INFLUENCE OF CANNA BIS PER SE. 22
5855		-
5856		-	(IV) A person convicted of a violation of this paragraph is subject to: 23
5857		-
5858		-	1. For a first offense, imprisonment not exceeding 1 year or 24
5859		-	a fine not exceeding $1,000 or both; and 25
5860		-
5861		-	2. For a second offense, imprisonment not exceeding 2 years 26
5862		-	or a fine not exceeding $2,000 or both. 27
5863		-
5864		-	[(iv)] (V) For the purpose of determining subsequent offender 28
5865		-	penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) 29
5866		-	of this section, within 5 years before the conviction for a violation of this paragraph, shall 30
5867		-	be considered a prior conviction. 31
5868		-
5869		-	(2) (i) A person may not violate paragraph (1) of this subsection while 32
5870		-	transporting a minor. 33 SENATE BILL 833 127
5871		-
5872		-
5873		-
5874		-	(ii) A person convicted of a violation of this paragraph is subject to: 1
5875		-
5876		-	1. For a first offense, imprisonment not exceeding 2 years or 2
5877		-	a fine not exceeding $2,000 or both; and 3
5878		-
5879		-	2. For a second offense, imprisonment not exceeding 3 years 4
5880		-	or a fine not exceeding $3,000 or both. 5
5881		-
5882		-	(iii) For the purpose of determining subsequent offender penalties for 6
5883		-	a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 7
5884		-	(c)(2), or (d)(2) of this section shall be considered a prior conviction. 8
5885		-
5886		-	(3) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECU TION UNDER 9
5887		-	PARAGRAPH (1)(III) OF THIS SUBSECTION T HAT THE DEFENDANT WA S NOT 10
5888		-	ACTUALLY UNDER THE I NFLUENCE OF CANNABIS . 11
5889		-
5890		-	21–903. 12
5891		-
5892		-	(a) (1) In this section the following words have the meanings indicated. 13
5893		-
5894		-	(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented 14
5895		-	liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for 15
5896		-	beverage purposes. 16
5897		-
5898		-	(3) “CANNABIS” HAS THE MEANING STATED IN § 5–101 OF THE 17
5899		-	CRIMINAL LAW ARTICLE. 18
5900		-
5901		-	[(3)] (4) (i) “Passenger area” means an area that: 19
5902		-
5903		-	1. Is designed to seat the driver and any passenger of a motor 20
5904		-	vehicle while the motor vehicle is in operation; or 21
5905		-
5906		-	2. Is readily accessible to the driver or a passenger of a motor 22
5907		-	vehicle while in their seating positions. 23
5908		-
5909		-	(ii) “Passenger area” does not include: 24
5910		-
5911		-	1. A locked glove compartment; 25
5912		-
5913		-	2. The trunk of a motor vehicle; or 26
5914		-
5915		-	3. If a motor vehicle is not equipped with a trunk, the area 27
5916		-	behind the rearmost upright seat or an area that is not normally occupied by the driver or 28
5917		-	a passenger of the motor vehicle. 29
5918		-	128 SENATE BILL 833
5919		-
5920		-
5921		-	(b) This section applies to a motor vehicle that is driven, stopped, standing, or 1
5922		-	otherwise located on a highway. 2
5923		-
5924		-	(c) A driver of a motor vehicle may not consume an alcoholic beverage, OR SMOKE 3
5925		-	OR CONSUME CANNABIS , in a passenger area of a motor vehicle on a highway. 4
5926		-
5927		-	(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 5
5928		-	Article, or any other provision of law, the prohibition contained in this section applies 6
5929		-	throughout the State. 7
5930		-
5931		-	SECTION 3. AND BE IT FURTHER ENACTED, That, on or before November 15, 8
5932		-	2022, the President of the Senate of Maryland and the Speaker of the House of Delegates 9
5933		-	acting jointly may submit to the Governor the names of five individuals who are qualified 10
5934		-	and suitable to serve as Executive Director of the Office of Social Equity, established under 11
5935		-	§ 23–201 of the Health – General Article, as enacted under Section 2 of this Act. 12
5936		-
5937		-	SECTION 4. AND BE IT FURTHER ENACTED, That, on or before January 1, 2023, 13
5938		-	the Governor shall select an Executive Director of the Office of Social Equity from among 14
5939		-	the five individuals whose names were submitted under Section 3 of this Act. 15
5940		-
5941		-	SECTION 5. AND BE IT FURTHER ENACTED, That: 16
5942		-
5943		-	(a) On or before April 1, 2023, and January 1, 2025, the Office of Social Equity 17
5944		-	and the Alcohol and Tobacco Commission, in consultation with the certification agency as 18
5945		-	defined in § 14–301 of the State Finance and Procurement Article, the Governor’s Office of 19
5946		-	Small, Minority, and Women Business Affairs, and the Office of the Attorney General, 20
5947		-	shall: 21
5948		-
5949		-	(1) study the cannabis industry and market to determine whether there is 22
5950		-	a compelling reason to implement remedial measures to assist minorities and women in 23
5951		-	the cannabis industry, including: 24
5952		-
5953		-	(i) applying the State Minority Business Enterprise Program under 25
5954		-	Title 14, Subtitle 3 of the State Finance and Procurement Article or a similar program; and 26
5955		-
5956		-	(ii) considerations of race, ethnicity, and wealth in the definition of 27
5957		-	“social equity applicant”; 28
5958		-
5959		-	(2) evaluate race–neutral programs or other methods that may be used to 29
5960		-	address the needs of minority applicants and minority–owned businesses seeking to 30
5961		-	participate in the cannabis industry; and 31
5962		-
5963		-	(3) if necessary, adopt regulations to implement remedial measures based 32
5964		-	on the findings of the study and evaluation described in items (1) and (2) of this subsection. 33
5965		-
5966		-	(b) The Alcohol and Tobacco Commission may report to the General Assembly, in 34
5967		-	accordance with § 2–1257 of the State Government Article, any information that the 35 SENATE BILL 833 129
5968		-
5969		-
5970		-	Commission determines to be necessary to the consideration, development, or 1
5971		-	implementation of any remedial measure implemented under this section. 2
5972		-
5973		-	SECTION 6. AND BE IT FURTHER ENACTED, That the General Assembly 3
5974		-	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 4
5975		-	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 5
5976		-	Constitution concerning local approval of constitutional amendments do not apply. 6
5977		-
5978		-	SECTION 7. AND BE IT FURTHER ENACTED, That: 7
5979		-
5980		-	(a) The amendment to the Maryland Constitution proposed by Section 1 of this 8
5981		-	Act shall be submitted to the qualified voters of the State at the next general election to be 9
5982		-	held in November 2022 for adoption or rejection pursuant to Article XIV of the Maryland 10
5983		-	Constitution. 11
5984		-
5985		-	(b) (1) At that general election, the vote on the proposed amendment to the 12
5986		-	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 13
5987		-	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 14
5988		-	provided by law. 15
5989		-
5990		-	(2) At that general election, a question substantially similar to the 16
5991		-	following shall be submitted to the qualified voters of the State: 17
5992		-
5993		-	“Question ___ – Constitutional Amendment 18
5994		-
5995		-	Do you favor the legalization of adult–use cannabis in the State of Maryland that 19
5996		-	complies with a legal framework established by the legislature to provide for limits on use 20
5997		-	amounts and the regulation and taxation of the market for the production and sale of 21
5998		-	cannabis in the State?”. 22
5999		-
6000		-	(c) Immediately after the election, all returns shall be made to the Governor of 23
6001		-	the vote for and against the proposed amendment, as directed by Article XIV of the 24
6002		-	Maryland Constitution, and further proceedings had in accordance with Article XIV. 25
6003		-
6004		-	SECTION 8. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 26
6005		-	contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 27
6006		-	ratification by the voters of the State. 28
6007		-
6008		-	SECTION 9. AND BE IT FURTHER ENACTED, That, subject to the provisions of 29
6009		-	Section 8 of this Act, Section 2 of this Act shall take effect on the proclamation of the 30
6010		-	Governor that the constitutional amendment, having received a majority of the votes cast 31
6011		-	at the general election, has been adopted by the people of Maryland. 32
6012		-
6013		-	SECTION 10. AND BE IT FURTHER ENACTED, That, subject to the provisions of 33
6014		-	Sections 7 and 9 of this Act, this Act shall take effect October 1, 2022. 34
6015		-	130 SENATE BILL 833
6016		-
6017		-
6018		-	SECTION 7. AND BE IT FURTHER ENACTED, That the terms of the initial 1
6019		-	appointed members of the Cannabis Public Health Advisory Council shall expire as follows: 2
6020		-
6021		-	(1) three members in 2025; 3
6022		-
6023		-	(2) three members in 2026; and 4
6024		-
6025		-	(3) four members in 2027. 5
6026		-
6027		-	SECTION 8. AND BE IT FURTHER ENACTED, That, if the voters ratify 6
6028		-	Chapter ___ (H.B. 1) of the Acts of the General Assembly of 2022, legalizing cannabis in the 7
6029		-	State, it is the intent of the General Assembly that: 8
6030		-
6031		-	(1) the Office of the Executive Director of the Alcohol and Tobacco 9
6032		-	Commission shall be the successor of the Natalie M. LaPrade Medical Cannabis 10
6033		-	Commission in matters concerning the regulation of medical cannabis; 11
6034		-
6035		-	(2) the transfer of personnel from the Natalie M. LaPrade Medical 12
6036		-	Cannabis Commission to the Office of the Executive Director of the Alcohol and Tobacco 13
6037		-	Commission shall be studied jointly by the Commissions; and 14
6038		-
6039		-	(3) on or before January 1, 2023, the Commissions shall mak e a 15
6040		-	recommendation to the General Assembly, in accordance with § 2–1257 of the State 16
6041		-	Government Article, on how to transfer personnel in a manner that: 17
6042		-
6043		-	(i) will minimize the costs of the transfer and result in a more 18
6044		-	cost–efficient operation for the regulation of cannabis for the protection of the public health, 19
6045		-	safety, and welfare of the State; 20
6046		-
6047		-	(ii) does not result in any diminution of pay, working conditions, 21
6048		-	benefits, rights, or status; and 22
6049		-
6050		-	(iii) allows personnel to retain any merit system and retirement 23
6051		-	status they may have on the date of transfer. 24
6052		-
6053		-	SECTION 9. AND BE IT FURTHER ENACTED, That: 25
6054		-
6055		-	(a) The certification agency designated by the Board of Public Works under § 26
6056		-	14–303(b) of the State Finance and Procurement Article, in consultation with the 27
6057		-	Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, 28
6058		-	and the Office of the Attorney General, shall review the Business Disparities in the 29
6059		-	Maryland Market Area study completed on February 8, 2017, the Analysis of the Maryland 30
6060		-	Medical Cannabis Industry report completed on December 8, 2017, and the analysis of the 31
6061		-	industry report completed on January 17, 2018, to evaluate whether the data and analyses 32
6062		-	in the study and reports are sufficient to determine whether the enactment of remedial 33
6063		-	measures to assist minorities and women in the adult–use cannabis industry and market 34 SENATE BILL 833 131
6064		-
6065		-
6066		-	would comply with the requirements of City of Richmond v. J. A. Croson Co., 488 U.S. 469, 1
6067		-	and any subsequent federal or constitutional requirements. 2
6068		-
6069		-	(b) (1) If a determination is made that the data and analyses in the study and 3
6070		-	reports reviewed under subsection (a) of this section are sufficient to determine whether 4
6071		-	the enactment of remedial measures to assist minorities and women in the adult–use 5
6072		-	cannabis industry and market would comply with the requirements of the Croson decision 6
6073		-	and any subsequent federal or constitutional requirements, the certification agency shall 7
6074		-	submit the findings of the review to the Legislative Policy Committee, in accordance with 8
6075		-	§ 2–1257 of the State Government Article, on or before July 1, 2022, so that the General 9
6076		-	Assembly may review the findings before the 2023 legislative session. 10
6077		-
6078		-	(2) (i) If a determination is made that the data and analyses in the 11
6079		-	study and reports reviewed under subsection (a) of this section are insufficient to determine 12
6080		-	whether the enactment of remedial measures to assist minorities and women in the 13
6081		-	adult–use cannabis industry and market would comply with the requirements of the Croson 14
6082		-	decision and any subsequent federal or constitutional requirements, the certification 15
6083		-	agency and the Department of Legislative Services, in consultation with the Governor’s 16
6084		-	Office of Small, Minority, and Women Business Affairs, the General Assembly, and the 17
6085		-	Office of the Attorney General, shall initiate a study of the cannabis industry to evaluate 18
6086		-	whether the enactment of remedial measures to assist minorities and women in the 19
6087		-	adult–use cannabis industry and market would comply with the requirements of the Croson 20
6088		-	decision and any subsequent federal or constitutional requirements. 21
6089		-
6090		-	(ii) The certification agency shall submit the findings of the study 22
6091		-	initiated in accordance with subparagraph (i) of this paragraph to the Legislative Policy 23
6092		-	Committee, in accordance with § 2–1257 of the State Government Article, on or before 24
6093		-	November 1, 2022, so that the General Assembly may review the findings before the 2023 25
6094		-	legislative session. 26
6095		-
6096		-	(c) (1) The Natalie M. LaPrade Medical Cannabis Commission shall require 27
6097		-	licensed growers, processors, and dispensaries and preapproved applicants for licensure 28
6098		-	under Title 13, Subtitle 33 of the Health – General Article to provide to the Commission 29
6099		-	any information determined to be necessary to continue to assess the need for remedial 30
6100		-	measures in the cannabis industry and market that may include the following data broken 31
6101		-	down by State fiscal year for the period beginning July 1, 2016, and ending June 30, 2022: 32
6102		-
6103		-	(i) a list of the licensee’s or applicant’s expenditures for each State 33
6104		-	fiscal year; and 34
6105		-
6106		-	(ii) for each expenditure, a description of the work performed, the 35
6107		-	dollar value of the expenditure, whether the work was performed by the licensee or a 36
6108		-	contractor or subcontractor, and, if performed by a contractor or subcontractor, the name 37
6109		-	of the entity that performed the work. 38
6110		-
6111		-	(2) Each licensed grower, processor, and dispensary and preapproved 39
6112		-	applicant for licensure under Title 13, Subtitle 33 of the Health – General Article shall 40 132 SENATE BILL 833
6113		-
6114		-
6115		-	provide the data requested under paragraph (1) of this subsection to the Commission on or 1
6116		-	before July 1, 2022. 2
6117		-
6118		-	(3) The Commission shall provide the data collected under paragraph (1) 3
6119		-	of this subsection to the certification agency on or before July 15, 2022. 4
6120		-
6121		-	(4) All data provided by each licensed grower, processor, and dispensary 5
6122		-	and preapproved applicant for licensure under Title 13, Subtitle 33 of the Health – General 6
6123		-	Article under this subsection: 7
6124		-
6125		-	(i) shall constitute confidential commercial information and 8
6126		-	confidential financial information and be treated as confidential by the Commission and 9
6127		-	the State; and 10
6128		-
6129		-	(ii) may be used only for purposes authorized under this section and 11
6130		-	be disclosed to the public only in an anonymized or aggregated format. 12
6131		-
6132		-	(d) The Governor’s Office of Small, Minority, and Women Business Affairs, in 13
6133		-	consultation with the certification agency and the Office of the Attorney General, shall 14
6134		-	develop race– and gender–neutral approaches to address the needs of minority and women 15
6135		-	applicants and minority– and women–owned businesses seeking to participate in the 16
6136		-	adult–use cannabis industry and submit a report of its findings to the Legislative Policy 17
6137		-	Committee, in accordance with § 2–1257 of the State Government Article, on or before 18
6138		-	October 15, 2022, so that the General Assembly may review, consider, and adopt race– and 19
6139		-	gender–neutral alternatives in any legislation adopted concerning the adult–use cannabis 20
6140		-	industry. 21
6141		-
6142		-	SECTION 10. AND BE IT FURTHER ENACT ED, That: 22
6143		-
6144		-	(a) The Natalie M. LaPrade Medical Cannabis Commission shall study and make 23
6145		-	recommendations on: 24
6146		-
6147		-	(1) a home grow program to authorize qualifying patients to grow cannabis 25
6148		-	plants for personal use; 26
6149		-
6150		-	(2) the establishment of on–site cannabis consumption facilities; and 27
6151		-
6152		-	(3) methods to reduce the use of cannabis by minors, including best 28
6153		-	practices regarding requirements related to advertising, potency, packaging, labeling, and 29
6154		-	other methods to reduce the appeal of cannabis to minors. 30
6155		-
6156		-	(b) The study required under subsection (a) of this section shall identify methods 31
6157		-	adopted by the Natalie M. LaPrade Medical Cannabis Commission through regulations as 32
6158		-	well as best practices implemented in other states. 33
6159		-
6160		-	(c) On or before November 1, 2022, the Natalie M. LaPrade Medical Cannabis 34
6161		-	Commission shall report its findings and recommendations for the program to the Governor 35 SENATE BILL 833 133
6162		-
6163		-
6164		-	and, in accordance with § 2–1257 of the State Government Article, the Senate Finance 1
6165		-	Committee, the Senate Judicial Proceedings Committee, the House Judiciary Committee, 2
6166		-	and the House Health and Government Operations Committee. 3
6167		-
6168		-	SECTION 11. AND BE IT FURTHER ENACTED, That the State may not issue 4
6169		-	applications for new licenses to an adult–use cannabis cultivator, processor, retailer, or any 5
6170		-	other adult–use cannabis establishment until the report required under Section 9 of this 6
6171		-	Act is received and reviewed by the Legislative Policy Committee. 7
6172		-
6173		-	SECTION 12. AND BE IT FURTHER ENACTED, That, on or before December 1, 8
6174		-	2022, the Attorney General shall, in accordance with § 2–1257 of the State Government 9
6175		-	Article, provide to the General Assembly a formal opinion regarding the impact of cannabis 10
6176		-	legalization on the authority of police officers to conduct searches of individuals and 11
6177		-	vehicles based on detection of the odor of burnt or unburnt cannabis, including in cases 12
6178		-	involving suspicion of possession with intent to distribute cannabis, growing or 13
6179		-	manufacturing cannabis or cannabis products, or driving under the influence of cannabis. 14
6180		-
6181		-	SECTION 13. AND BE IT FURTHER ENACTED, That the publishers of the 15
6182		-	Annotated Code of Maryland, in consultation with and subject to the approval of the 16
6183		-	Department of Legislative Services, shall correct, with no further action required by the 17
6184		-	General Assembly, cross–references and terminology rendered incorrect by this Act. 18
6185		-	References to the term “marijuana” shall be replaced with references to the term 19
6186		-	“cannabis”. The publishers shall adequately describe any correction that is made in an 20
6187		-	editor’s note following the section affected. 21
6188		-
6189		-	SECTION 14. AND BE IT FURTHER ENACTED, That Sections 2, 3, 4, 5, 6, 7, and 22
6190		-	8 of this Act are contingent on the passage of Chapter ___ (H.B. 1) of the Acts of the General 23
6191		-	Assembly of 2022, a constitutional amendment, and its ratification by the voters of the 24
6192		-	State. 25
6193		-
6194		-	SECTION 15. AND BE IT FURTHER ENACTED, That, subject to the provisions of 26
6195		-	Section 14 of this Act, Section 3 of this Act shall take effect January 1, 2023. Section 3 of 27
6196		-	this Act shall remain effective for a period of 6 months and, at the end of June 30, 2023, 28
6197		-	Section 3 of this Act, with no further action required by the General Assembly, shall be 29
6198		-	abrogated and of no further force and effect. 30
6199		-
6200		-	SECTION 16. AND BE IT FURTHER ENACTED, That, subject to the provisions of 31
6201		-	Section 14 of this Act, Section 4 of this Act shall take effect July 1, 2023. 32
6202		-
6203		-	SECTION 17. AND BE IT FURTHER ENACTED, That, subject to the provisions of 33
6204		-	Section 14 of this Act, Section 6 of this Act shall take effect July 1, 2023. 34
6205		-
6206		-	SECTION 18. AND BE IT FURTHER ENACTED, That, subject to the provisions of 35
6207		-	Section 14 of this Act, Sections 2, 5, and 7 of this Act shall take effect January 1, 2023. 36
6208		-
6209		-	SECTION 19. AND BE IT FURTHER ENACTED, That, except as provided in 37
6210		-	Sections 15, 16, 17, and 18 of this Act, this Act shall take effect June 1, 2022. 38
	3552	+	(2) THERE IS A CANNABIS REGULATION FUND. 12
	3553	+
	3554	+	(3) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO BE 13
	3555	+	DISTRIBUTED AND USED IN ACCORDANCE WITH S UBSECTION (C) OF THIS SECTION. 14
	3556	+
	3557	+	(4) THE ALCOHOL AND TOBACCO COMMISSION SHALL ADMI NISTER 15
	3558	+	THE FUND. 16
	3559	+
	3560	+	(5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 17
	3561	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18
	3562	+
	3563	+	(II) THE STATE TREASURER SHALL HOLD THE FUND 19
	3564	+	SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20
	3565	+
	3566	+	(6) THE FUND CONSISTS OF : 21
	3567	+
	3568	+	(I) ALL APPLICATION AND LICENSING FEES PAID BY CANNABIS 22
	3569	+	ESTABLISHMENTS UNDER TITLE 23, SUBTITLE 4 OF THE HEALTH – GENERAL 23
	3570	+	ARTICLE, EXCEPT FOR RETAILER AND DUAL LICENSE FEE S THAT ARE PAYABLE 24
	3571	+	DIRECTLY TO THE SOCIAL EQUITY START–UP FUND; 25
	3572	+
	3573	+	(II) ALL TAXES COLLECTED UNDER § 12.5–101 OF THIS TITLE; 26
	3574	+
	3575	+	(III) INTEREST EARNINGS ; AND 27
	3576	+
	3577	+	(IV) ANY OTHER MO NEY FROM ANY OTHER S OURCE ACCEPTED 28 SENATE BILL 833 79
	3578	+
	3579	+
	3580	+	FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 1
	3581	+	BY THE ALCOHOL AND TOBACCO COMMISSION FOR THE AC CEPTANCE OF 2
	3582	+	DONATIONS OR GIFTS T O THE FUND. 3
	3583	+
	3584	+	(7) THE FUND MAY BE USED ONLY FOR CARRYING OUT THI S TITLE. 4
	3585	+
	3586	+	(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 5
	3587	+	FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 6
	3588	+
	3589	+	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 7
	3590	+	CREDITED TO THE FUND. 8
	3591	+
	3592	+	(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 9
	3593	+	DIRECTED BY THE ALCOHOL AND TOBACCO COMMISSION. 10
	3594	+
	3595	+	(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 11
	3596	+	AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 12
	3597	+
	3598	+	(B) ON OR BEFORE MARCH 15 EACH YEAR, THE ALCOHOL AND TOBACCO 13
	3599	+	COMMISSION SHALL PROD UCE AND PUBLISH ON I TS WEBSITE A DETAILE D REPORT 14
	3600	+	ON REVENUES AND EXPE NDITURES FROM THE FUND, INCLUDING A DETAILED 15
	3601	+	REPORTING OF MONEY R ETAINED AND SPENT TO DEFRAY THE COST OF 16
	3602	+	ADMINISTRATION OF TH IS TITLE. 17
	3603	+
	3604	+	(C) THE FUND SHALL BE DISTRIB UTED AS FOLLOWS : 18
	3605	+
	3606	+	(1) THE ALCOHOL AND TOBACCO COMMISSION SHALL RETA IN 19
	3607	+	SUFFICIENT MONEY TO DEFRAY THE ENTIRE CO ST OF ADMINISTRATION OF THIS 20
	3608	+	TITLE; AND 21
	3609	+
	3610	+	(2) REVENUES GENERATED I N EXCESS OF THE AMOU NT OF THOSE 22
	3611	+	NECESSARY TO DEFRAY THE ENTIRE COST OF A DMINISTRATION OF THIS TIT LE 23
	3612	+	SHALL BE DISTRIBUTED NOT LESS THAN ONCE E VERY QUARTER AS FOLL OWS: 24
	3613	+
	3614	+	(I) 25% TO THE COMMUNITY REINVESTMENT AND REPAIR 25
	3615	+	FUND, ESTABLISHED UNDER § 23–204 OF THE HEALTH – GENERAL ARTICLE; 26
	3616	+
	3617	+	(II) 10% TO THE SOCIAL EQUITY START–UP FUND; 27
	3618	+
	3619	+	(III) 3% FOR TECHNICAL ASSIST ANCE FOR SOCIAL EQUI TY AND 28
	3620	+	MINORITY BUSINESS CA NNABIS ESTABLISHMENT APPLICANTS; 29
	3621	+
	3622	+	(IV) 5% TO THE CANNABIS EDUCATION AND TRAINING FUND, 30 80 SENATE BILL 833
	3623	+
	3624	+
	3625	+	ESTABLISHED UNDER § 23–203 OF THE HEALTH – GENERAL ARTICLE; 1
	3626	+
	3627	+	(V) 20% TO THE MARYLAND DEPARTMENT OF HEALTH FOR 2
	3628	+	USE IN EVIDENCE –BASED, VOLUNTARY PROGRAMS F OR THE PREVENTION OR 3
	3629	+	TREATMENT OF SUBSTAN CE ABUSE OR MENTAL HEALTH ISS UES; 4
	3630	+
	3631	+	(VI) 2% TO THE MARYLAND DEPARTMENT OF HEALTH FOR A 5
	3632	+	SCIENTIFICALLY AND M EDICALLY ACCURATE PU BLIC EDUC ATION CAMPAIGN 6
	3633	+	EDUCATING YOUTH AND ADULTS ABOUT THE HEA LTH AND SAFETY RISKS OF 7
	3634	+	ALCOHOL, TOBACCO, CANNABIS, AND OTHER SUBSTANCES , INCLUDING THE RISKS 8
	3635	+	OF DRIVING WHILE IMP AIRED; 9
	3636	+
	3637	+	(VII) 2% TO THE MARYLAND DEPARTMENT OF HEALTH TO FUND 10
	3638	+	DIVERSE SCIENTIFIC , ACADEMIC, OR MEDICAL RESEARCH ON CANNABIS OR 11
	3639	+	ENDOCANNABINOIDS , INCLUDING RESEARCH E XPLORING THE BENEFIT S OF 12
	3640	+	CANNABIS, ON THE CONDITION THA T ALL FUNDED RESEARC H DATA, RESULTS, AND 13
	3641	+	PAPERS MUST BE RELEA SED INTO THE PUBLIC DOMAIN AND MUST BE P UBLISHED 14
	3642	+	FOR FREE AND OPEN ACCESS BY TH E PUBLIC AND BY OTHE R RESEARCHERS ; 15
	3643	+
	3644	+	(VIII) 1% TO THE DEPARTMENT OF STATE POLICE FOR 16
	3645	+	ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT AND DRUG 17
	3646	+	RECOGNITION EXPERT (DRE) TRAINING; 18
	3647	+
	3648	+	(IX) 10% TO THE ENDOWMENTS OF THE STATE’S HISTORICALL Y 19
	3649	+	BLACK COLLEGES AND U NIVERSITIES; 20
	3650	+
	3651	+	(X) 15% TO LOCAL IMPACT AID ; AND 21
	3652	+
	3653	+	(XI) 7% TO THE GENERAL FUND OF THE STATE. 22
	3654	+
	3655	+	12.5–104. 23
	3656	+
	3657	+	NOTWITHSTANDING ANY F EDERAL TAX LAW TO TH E CONTRARY , IN 24
	3658	+	COMPUTING NET INCOME FOR BUSINESSES EXEMP TED FROM CRIMINAL PE NALTIES 25
	3659	+	UNDER STATE LAW, THERE SHALL BE ALLOW ED AS A DEDUCTION FR OM STATE 26
	3660	+	TAXES ALL THE ORDINA RY AND NECESSARY EXP ENSES PAID OR INCURR ED DURING 27
	3661	+	THE TAXABLE YEAR IN CARRYING ON A TRADE OR BUSINESS AS A CAN NABIS 28
	3662	+	ESTABLISHMENT AS DEF INED BY § 23–101 OF THE HEALTH – GENERAL ARTICLE, OR 29
	3663	+	AN ENTITY LICENSED U NDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL 30
	3664	+	ARTICLE, INCLUDING REASONABLE ALLOWANCE F OR SALARIES OR OTHER 31
	3665	+	COMPENSATION FOR PER SONAL SERVICES ACTUA LLY RENDERED . 32
	3666	+
	3667	+	Article – Transportation 33 SENATE BILL 833 81
	3668	+
	3669	+
	3670	+
	3671	+	21–902. 1
	3672	+
	3673	+	(a) (1) (i) A person may not drive or attempt to drive any vehicle while 2
	3674	+	under the influence of alcohol. 3
	3675	+
	3676	+	(ii) A person may not drive or attempt to drive any vehicle while the 4
	3677	+	person is under the influence of alcohol per se. 5
	3678	+
	3679	+	(iii) 1. IN THIS SUBPARAGRAPH , “UNDER THE INFLUENCE OF 6
	3680	+	CANNABIS PER SE ” MEANS HAVING A CONCE NTRATION AT THE TIME OF TESTING OF 7
	3681	+	5 NANOGRAMS OR MORE OF DELTA–9–TETRAHYDROCANNABINOL AS MEASURED 8
	3682	+	PER MILLILITER OF BL OOD. 9
	3683	+
	3684	+	2. A PERSON MAY NOT DRIVE OR ATTEMPT TO DRIVE 10
	3685	+	ANY VEHICLE WHILE TH E PERSON IS UNDER TH E INFLUENCE OF CANNA BIS PER SE. 11
	3686	+
	3687	+	(IV) A person convicted of a violation of this paragraph is subject to: 12
	3688	+
	3689	+	1. For a first offense, imprisonment not exceeding 1 year or 13
	3690	+	a fine not exceeding $1,000 or both; and 14
	3691	+
	3692	+	2. For a second offense, imprisonment not exceeding 2 years 15
	3693	+	or a fine not exceeding $2,000 or both. 16
	3694	+
	3695	+	[(iv)] (V) For the purpose of determining subsequent offender 17
	3696	+	penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) 18
	3697	+	of this section, within 5 years before the conviction for a violation of this paragraph, shall 19
	3698	+	be considered a prior conviction. 20
	3699	+
	3700	+	(2) (i) A person may not violate paragraph (1) of this subsection while 21
	3701	+	transporting a minor. 22
	3702	+
	3703	+	(ii) A person convicted of a violation of this paragraph is subject to: 23
	3704	+
	3705	+	1. For a first offense, imprisonment not exceeding 2 years or 24
	3706	+	a fine not exceeding $2,000 or both; and 25
	3707	+
	3708	+	2. For a second offense, imprisonment not exceeding 3 years 26
	3709	+	or a fine not exceeding $3,000 or both. 27
	3710	+
	3711	+	(iii) For the purpose of determining subsequent offender penalties for 28
	3712	+	a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 29
	3713	+	(c)(2), or (d)(2) of this section shall be considered a prior conviction. 30
	3714	+
	3715	+	(3) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECU TION UNDER 31 82 SENATE BILL 833
	3716	+
	3717	+
	3718	+	PARAGRAPH (1)(III) OF THIS SUBSECTION T HAT THE DEFENDANT WA S NOT 1
	3719	+	ACTUALLY UN DER THE INFLUENCE OF CANNABIS. 2
	3720	+
	3721	+	SECTION 3. AND BE IT FURTHER ENACTED, That, on or before November 15, 3
	3722	+	2022, the President of the Senate of Maryland and the Speaker of the House of Delegates 4
	3723	+	acting jointly may submit to the Governor the names of five individuals who are qualified 5
	3724	+	and suitable to serve as Executive Director of the Office of Social Equity, established under 6
	3725	+	§ 23–201 of the Health – General Article, as enacted under Section 2 of this Act. 7
	3726	+
	3727	+	SECTION 4. AND BE IT FURTHER ENACTED, That, on or before January 1, 2023, 8
	3728	+	the Governor shall select an Executive Director of the Office of Social Equity from among 9
	3729	+	the five individuals whose names were submitted under Section 3 of this Act. 10
	3730	+
	3731	+	SECTION 5. AND BE IT FURTHER ENACTED, That: 11
	3732	+
	3733	+	(a) On or before April 1, 2023, and January 1, 2025, the Office of Social Equity 12
	3734	+	and the Alcohol and Tobacco Commission, in consultation with the certification agency as 13
	3735	+	defined in § 14–301 of the State Finance and Procurement Article, the Governor’s Office of 14
	3736	+	Small, Minority, and Women Business Affairs, and the Office of the Attorney General, 15
	3737	+	shall: 16
	3738	+
	3739	+	(1) study the cannabis industry and market to determine whether there is 17
	3740	+	a compelling reason to implement remedial measures to assist minorities and women in 18
	3741	+	the cannabis industry, including: 19
	3742	+
	3743	+	(i) applying the State Minority Business Enterprise Program under 20
	3744	+	Title 14, Subtitle 3 of the State Finance and Procurement Article or a similar program; and 21
	3745	+
	3746	+	(ii) considerations of race, ethnicity, and wealth in the definition of 22
	3747	+	“social equity applicant”; 23
	3748	+
	3749	+	(2) evaluate race–neutral programs or other methods that may be used to 24
	3750	+	address the needs of minority applicants and minority–owned businesses seeking to 25
	3751	+	participate in the cannabis industry; and 26
	3752	+
	3753	+	(3) if necessary, adopt regulations to implement remedial measures based 27
	3754	+	on the findings of the study and evaluation described in items (1) and (2) of this subsection. 28
	3755	+
	3756	+	(b) The Alcohol and Tobacco Commission may report to the General Assembly, in 29
	3757	+	accordance with § 2–1257 of the State Government Article, any information that the 30
	3758	+	Commission determines to be necessary to the consideration, development, or 31
	3759	+	implementation of any remedial measure implemented under this section. 32
	3760	+
	3761	+	SECTION 6. AND BE IT FURTHER ENACTED, That the General Assembly 33
	3762	+	determines that the amendment to the Maryland Constitution proposed by Section 1 of this 34
	3763	+	Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 35
	3764	+	Constitution concerning local approval of constitutional amendments do not apply. 36 SENATE BILL 833 83
	3765	+
	3766	+
	3767	+
	3768	+	SECTION 7. AND BE IT FURTHER ENACTED, That: 1
	3769	+
	3770	+	(a) The amendment to the Maryland Constitution proposed by Section 1 of this 2
	3771	+	Act shall be submitted to the qualified voters of the State at the next general election to be 3
	3772	+	held in November 2022 for adoption or rejection pursuant to Article XIV of the Maryland 4
	3773	+	Constitution. 5
	3774	+
	3775	+	(b) (1) At that general election, the vote on the proposed amendment to the 6
	3776	+	Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 7
	3777	+	Constitutional Amendment” and “Against the Constitutional Amendment”, as now 8
	3778	+	provided by law. 9
	3779	+
	3780	+	(2) At that general election, a question substantially similar to the 10
	3781	+	following shall be submitted to the qualified voters of the State: 11
	3782	+
	3783	+	“Question ___ – Constitutional Amendment 12
	3784	+
	3785	+	Do you favor the legalization of adult–use cannabis in the State of Maryland that 13
	3786	+	complies with a legal framework established by the legislature to provide for limits on use 14
	3787	+	amounts and the regulation and taxation of the market for the production and sale of 15
	3788	+	cannabis in the State?”. 16
	3789	+
	3790	+	(c) Immediately after the election, all returns shall be made to the Governor of 17
	3791	+	the vote for and against the proposed amendment, as directed by Article XIV of the 18
	3792	+	Maryland Constitution, and further proceedings had in accordance with Article XIV. 19
	3793	+
	3794	+	SECTION 8. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 20
	3795	+	contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 21
	3796	+	ratification by the voters of the State. 22
	3797	+
	3798	+	SECTION 9. AND BE IT FURTHER ENACTED, That, subject to the provisions of 23
	3799	+	Section 8 of this Act, Section 2 of this Act shall take effect on the proclamation of the 24
	3800	+	Governor that the constitutional amendment, having received a majority of the votes cast 25
	3801	+	at the general election, has been adopted by the people of Maryland. 26
	3802	+
	3803	+	SECTION 10. AND BE IT FURTHER ENACTED, That , subject to the provisions of 27
	3804	+	Sections 7 and 9 of this Act, this Act shall take effect October 1, 2022. 28
	3805	+