EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0833*
SENATE BILL 833
E1, E2, J1 CONSTITUTIONAL AMENDMENT 2lr3156
By: Senator Feldman
Introduced and read first time: February 7, 2022
Assigned to: Finance and Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 20, 2022
CHAPTER ______
AN ACT concerning 1
Cannabis – Legalization and Regulation Reform 2
FOR the purpose of establishing that, on or after a certain date, an individual in the State 3
who is at least a certain age may use and possess cannabis; altering certain 4
provisions relating to penalties, charging procedures, expungement, and sentencing 5
for certain offenses involving cannabis; establishing a system for the regulation and 6
taxation of the market for the production and sale of cannabis in the State; providing 7
for the retroactive application of certain provisions of this Act requiring the Natalie 8
M. LaPrade Medical Cannabis Commission, in consultation with certain 9
stakeholders, to conduct a certain baseline study of cannabis use in the State; 10
establishing the Cannabis Business Assistance Fund in the Department of 11
Commerce as a special, nonlapsing fund to provide assistance to small, minority, and 12
women–owned businesses entering the adult–use cannabis industry; altering certain 13
provisions relating to penalties, charging procedures, expungement, shielding, and 14
sentencing for certain offenses involving marijuana; legalizing the use and 15
possession of a certain quantity of marijuana by a person who is at least a certain 16
age; establishing the Cannabis Public Health Advisory Council; establishing the 17
Cannabis Public Health Fund; establishing the Community Reinvestment and 18
Repair Fund; adding the smoking of cannabis and hemp to certain provisions of law 19
prohibiting smoking in certain areas; allowing a subtraction modification under the 20
Maryland income tax for certain expenses paid or incurred during the taxable year 21
in carrying on a trade or business as a certain medical cannabis grower, processor, 22
dispensary, or independent testing laboratory; and generally relating to cannabis. 23
BY proposing an addition to the Maryland Constitution 24 2 SENATE BILL 833
New Article XX – Cannabis 1
Section 1 2
BY adding to 3
Article – Health – General 4
Section 13–4401 to be under the new subtitle “Subtitle 44. Cannabis Use Baseline 5
Study”; 13–4501 through 13–4506 to be under the new subtitle “Subtitle 45. 6
Cannabis Public Health Advisory Council”; and 13–4601 to be under the new 7
subtitle “Subtitle 46. Community Reinvestment and Repair Fund” 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – Tax – General 12
Section 10–208(a) and 10–308(a) 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Tax – General 17
Section 10–208(bb) 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Tax – General 22
Section 10–308(b) 23
Annotated Code of Maryland 24
(2016 Replacement Volume and 2021 Supplement) 25
BY adding to 26
Article – Economic Development 27
Section 5–1901 to be under the new subtitle “Subtitle 19. Cannabis Business28
Assistance Fund” 29
Annotated Code of Maryland 30
(2018 Replacement Volume and 2021 Supplement) 31
BY repealing and reenacting, without amendments, 32
Article – State Finance and Procurement 33
Section 6–226(a)(2)(i) 34
Annotated Code of Maryland 35
(2021 Replacement Volume) 36
BY repealing and reenacting, with amendments, 37
Article – State Finance and Procurement 38
Section 6–226(a)(2)(ii)144. and 145. 39
Annotated Code of Maryland 40 SENATE BILL 833 3
(2021 Replacement Volume) 1
BY adding to 2
Article – State Finance and Procurement 3
Section 6–226(a)(2)(ii)146. through 148. 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
BY repealing and reenacting, without amendments, 7
Article – Criminal Law 8
Section 5–101(a) and 5–601(a) and (c)(1) 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2021 Supplement) 11
BY adding to 12
Article – Criminal Law 13
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
5–602(c) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Criminal Law 19
Section 5–101(p), (s), and (t), 5–601(a), (c), and (d), 5–601.1, 5–612, 5–614, 5–619(c), 20
5–620, 10–113, 10–116, and 10–117 and (s) through (u), 5–601(a), (c)(2) and 21
(4), and (d), 5–601.1, 5–602, 5–603, 5–607, 5–619(c), 5–620, 10–123, and 22
10–125 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2021 Supplement) 25
BY repealing 26
Article – Criminal Law 27
Section 5–101(r) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2021 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Courts and Judicial Proceedings 32
Section 3–8A–01(a) 33
Annotated Code of Maryland 34
(2020 Replacement Volume and 2021 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – Courts and Judicial Proceedings 37
Section 3–8A–01(dd) and 3–8A–33(a) 38
Annotated Code of Maryland 39
(2020 Replacement Volume and 2021 Supplement) 40 4 SENATE BILL 833
BY adding to 1
Article – Criminal Procedure 2
Section 10–105.3 and 10–105.4 10–112 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
BY adding to 6
Article – Health – General 7
Section 23–101 through 23–702 to be under the new title “Title 23. Cannabis” 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2021 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(i) 13
Annotated Code of Maryland 14
(2021 Replacement Volume) 15
BY repealing and reenacting, with amendments, 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)144. and 145. 18
Annotated Code of Maryland 19
(2021 Replacement Volume) 20
BY adding to 21
Article – State Finance and Procurement 22
Section 6–226(a)(2)(ii)146. through 149. 23
Annotated Code of Maryland 24
(2021 Replacement Volume) 25
BY repealing and reenacting, with amendments, 26
Article – Criminal Procedure 27
Section 4–101(c), 10–101(e), 10–105(a)(12) and (c)(8), 10–107, 10–110(a) and (c), 28
and 10–111 29
Annotated Code of Maryland 30
(2018 Replacement Volume and 2021 Supplement) 31
BY repealing and reenacting, without amendments, 32
Article – Criminal Procedure 33
Section 10–101(a) and (d) 34
Annotated Code of Maryland 35
(2018 Replacement Volume and 2021 Supplement) 36
BY repealing and reenacting, with amendments, 37
Article – Health – General 38
Section 24–501 through 24–503, 24–507, and 24–510 39 SENATE BILL 833 5
Annotated Code of Maryland 1
(2019 Replacement Volume and 2021 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Health – General 4
Section 24–504, 24–505, and 24–508 5
Annotated Code of Maryland 6
(2019 Replacement Volume and 2021 Supplement) 7
BY adding to 8
Article – Tax – General 9
Section 12.5–101 through 12.5–104 to be under the new title “Title 12.5. Cannabis 10
Tax” 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Transportation 15
Section 21–902(a) 21–903 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GE NERAL ASSEMBLY OF MARYLAND, 19
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 20
proposed that the Maryland Constitution read as follows: 21
ARTICLE XX – CANNABIS 22
1. 23
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ON OR AFTER JULY 1, 24
2023, AN INDIVIDUAL IN THE STATE WHO IS AT LEAST 21 YEARS OLD MAY USE AN D 25
POSSESS CANNABIS . 26
(B) THE GENERAL ASSEMBLY SHALL , BY LAW, PROVIDE FOR THE USE , 27
DISTRIBUTION, POSSESSION, REGULATION , AND TAXATION OF CANN ABIS WITHIN 28
THE STATE. 29
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 30
as follows: 31
Article – Criminal Law 32
5–101. 33
(a) In this title the following words have the meanings indicated. 34 6 SENATE BILL 833
(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 1
PART OF THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 2
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 3
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 4
DRY WEIGHT BASIS . 5
(2) “CANNABIS” DOES NOT INCLUDE HEMP AS DEFINED IN § 14–101 6
OF THE AGRICULTURE ARTICLE. 7
(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 8
used, intended for use, or designed for use, in: 9
(i) planting, propagating, cultivating, growing, harvesting, 10
manufacturing, compounding, converting, producing, processing, preparing, packaging, 11
repackaging, storing, containing, or concealing a controlled dangerous substance in 12
violation of this title; or 13
(ii) injecting, ingesting, inhaling, or otherwise introducing into the 14
human body a controlled dangerous substance in violation of this title. 15
(2) “Drug paraphernalia” includes: 16
(i) a kit used, intended for use, or designed for use in planting, 17
propagating, cultivating, growing, or harvesting any species of plant that is a controlled 18
dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 19
substance can be derived; 20
(ii) a kit used, intended for use, or designed for use in 21
manufacturing, compounding, converting, producing, processing, or preparing a controlled 22
dangerous substance OTHER THAN CANNABIS ; 23
(iii) an isomerization device used, intended for use, or designed for 24
use in increasing the potency of any species of plant that is a controlled dangerous 25
substance OTHER THAN CANNA BIS; 26
(iv) testing equipment used, intended for use, or designed for use in 27
analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 28
THAN CANNABIS ; 29
(v) a scale or balance used, intended for use, or designed for use in 30
weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ; 31
(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 32
mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 33
controlled dangerous substance OTHER THAN CANNABIS ; 34 SENATE BILL 833 7
(vii) a separation gin or sifter used, intended for use, or designed for 1
use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 2
CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 3
(viii) a blender, bowl, container, spoon, or mixing device used, 4
intended for use, or designed for use in compounding a controlled dangerous substance 5
OTHER THAN CANNABIS ; 6
(ix) a capsule, balloon, envelope, or other container used, intended 7
for use, or designed for use in packaging small quantities of a controlled dangerous 8
substance OTHER THAN CANNABIS ; 9
(x) a container or other object used, intended for use, or designed for 10
use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 11
(xi) a hypodermic syringe, needle, or other object used, intended for 12
use, or designed for use in parenterally injecting a controlled dangerous substance into the 13
human body; and 14
(xii) an object used, intended for use, or designed for use in ingesting, 15
inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 16
human body [such as: 17
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 18
pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 19
2. a water pipe; 20
3. a carburetion tube or device; 21
4. a smoking or carburetion mask; 22
5. an object known as a roach clip used to hold burning 23
material, such as a marijuana cigarette that has become too small or too short to be held in 24
the hand; 25
6. a miniature spoon used for cocaine and cocaine vials; 26
7. a chamber pipe; 27
8. a carburetor pipe; 28
9. an electric pipe; 29
10. an air–driven pipe; 30 8 SENATE BILL 833
11. a chillum; 1
12. a bong; and 2
13. an ice pipe or chiller]. 3
(3) “DRUG PARAPHERNALIA ” DOES NOT INCLUDE CAN NABIS 4
ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 5
[(r) (1) “Marijuana” means: 6
(i) all parts of any plant of the genus Cannabis, whether or not the 7
plant is growing; 8
(ii) the seeds of the plant; 9
(iii) the resin extracted from the plant; and 10
(iv) each compound, manufactured product, salt, derivative, mixture, 11
or preparation of the plant, its seeds, or its resin. 12
(2) “Marijuana” does not include: 13
(i) the mature stalks of the plant; 14
(ii) fiber produced from the mature stalks; 15
(iii) oil or cake made from the seeds of the plant; 16
(iv) except for resin, any other compound, manufactured product, 17
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 18
(v) the sterilized seed of the plant that is incapable of germination; 19
or 20
(vi) hemp as defined in § 14–101 of the Agriculture Article.] 21
[(s)] (R) (1) “Narcotic drug” means a substance: 22
(i) that has been found to present an extreme danger to the health 23
and welfare of the community because of addiction–forming and addiction–sustaining 24
qualities; 25
(ii) that is: 26
SENATE BILL 833 9
1. an opiate; 1
2. a compound, manufactured substance, salt, derivative, or 2
preparation of opium, coca leaf, or an opiate; or 3
3. a substance and any compound, manufactured substance, 4
salt, derivative, or preparation that is chemically identical with a substance listed in items 5
1 and 2 of this item; and 6
(iii) that is produced: 7
1. directly or indirectly by extraction from substances of 8
vegetable origin; 9
2. independently by chemical synthesis; or 10
3. by a combination of extraction and chemical synthesis. 11
(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 12
that does not contain cocaine or ecgonine. 13
[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 14
controlled dangerous substance under Subtitle 4 of this title. 15
(T) “PERSONAL USE AMOUNT ” MEANS: 16
(1) (I) AN AMOUNT OF CANNABI S THAT DOES NOT EXCE ED 2 17
OUNCES; 18
(II) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 19
EXCEED 15 GRAMS; 20
(III) AN AMOUNT OF CANNABI S PRODUCTS CONTA INING 21
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 1,500 MILLIGRAMS; 22
OR 23
(IV) FOUR OR FEWER CANNAB IS PLANTS; OR 24
(2) ANY ADDITIONAL CANNA BIS PRODUCED BY A PE RSON’S CANNABIS 25
PLANT OR PLANTS , IF THE AMOUNT OF CAN NABIS IN EXCESS OF T HE AMOUNT LISTED 26
IN ITEM (1)(I), (II), OR (III) OF THIS SUBSECTION I S PROCESSED IN A LOC ATION: 27
(I) WHERE THE PLANT OR P LANTS WERE CULTIVATE D; AND 28
(II) THAT IS SECURE FROM UNAUTHORIZED ACCESS AND 29
ACCESS BY A PERSON W HO IS UNDER THE AGE OF 21 YEARS. 30 10 SENATE BILL 833
5–601. 1
(a) Except as otherwise provided in this title, a person may not: 2
(1) possess or administer to another a controlled dangerous substance, 3
unless: 4
(I) obtained directly or by prescription or order from an authorized 5
provider acting in the course of professional practice; [or] 6
(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 7
THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED DOES 8
NOT EXCEED A PERSONA L USE AMOUNT ; OR 9
(III) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS 10
AND POSSESSION IS LEGAL UNDER TITLE 13, SUBTITLE 33 OR TITLE 23 OF THE 11
HEALTH – GENERAL ARTICLE; OR 12
(2) obtain or attempt to obtain a controlled dangerous substance, or 13
procure or attempt to procure the administration of a controlled dangerous substance by: 14
(i) fraud, deceit, misrepresentation, or subterfuge; 15
(ii) the counterfeiting or alteration of a prescription or a written 16
order; 17
(iii) the concealment of a material fact; 18
(iv) the use of a false name or address; 19
(v) falsely assuming the title of or representing to be a 20
manufacturer, distributor, or authorized provider; or 21
(vi) making, issuing, or presenting a false or counterfeit prescription 22
or written order. 23
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 24
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 25
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 26
not exceeding $5,000 or both; 27
(ii) for a second or third conviction, imprisonment not exceeding 18 28
months or a fine not exceeding $5,000 or both; or 29
SENATE BILL 833 11
(iii) for a fourth or subsequent conviction, imprisonment not 1
exceeding 2 years or a fine not exceeding $5,000 or both. 2
(2) (i) Except as provided in [subparagraph (ii)] SUBPARAGRAPHS (II) 3
AND (III) of this paragraph AND TITLE 23 OF THE HEALTH – GENERAL ARTICLE, a 4
person whose violation of this section involves the use or possession of [marijuana] 5
CANNABIS is guilty of [a] THE misdemeanor of possession of [marijuana] CANNABIS and 6
is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 7
(ii) 1. A. A first finding of guilt under this section involving 8
the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 9
EXCEEDING THE PERSONAL USE AMOUNT BY AN IND IVIDUAL UNDER THE AG E OF 21 10
YEARS is a civil offense punishable by a fine not exceeding $100. 11
B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 12
OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED , 13
A PENALTY OF UP TO 6 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 14
2. A. A second finding of guilt under this section 15
involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 16
CANNABIS NOT EXCEEDI NG THE PERSONAL USE AMOUNT BY AN INDIVID UAL UNDER 17
THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $250. 18
B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 19
OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY REQUEST, AND SHALL BE GRANTED , 20
A PENALTY OF UP TO 16 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 21
3. A. A third or subsequent finding of guilt under this 22
section involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT 23
OF CANNA BIS NOT EXCEEDING TH E PERSONAL USE AMOUN T BY AN INDIVIDUAL 24
UNDER THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $500. 25
B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 26
OFFENSE UNDER THIS S UBSUBPARAGRAPH MAY R EQUEST, AND SHALL BE GRANTED, 27
A PENALTY OF UP TO 32 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 28
4. A. In addition to a fine, a court shall order a person 29
under the age of 21 years who commits a violation punishable under subsubparagraph 1, 30
2, or 3 of this subparagraph to attend a drug education program approved by the Maryland 31
Department of Health, refer the person to an assessment for substance abuse disorder, and 32
refer the person to substance abuse treatment, if necessary. 33
B. [In addition to a fine, a court shall order a person at least 34
21 years old who commits a violation punishable under subsubparagraph 3 of this 35
subparagraph to attend a drug education program approved by the Maryland Department 36 12 SENATE BILL 833
of Health, refer the person to an assessment for substance abuse disorder, and refer the 1
person to substance abuse treatment, if necessary. 2
C.] A court that orders a person to a drug education program 3
or substance abuse assessment or treatment under this subsubparagraph may hold the 4
case sub curia pending receipt of proof of completion of the program, assessment, or 5
treatment. 6
(III) 1. A VIOLATION OF THIS SE CTION INVOLVING A PE RSON 7
AT LEAST 21 YEARS OLD POSSESSING CANNABIS IN AN AMOUN T GREATER THAN THE 8
PERSONAL USE AMOUNT BUT NOT EXCEEDING DOUBLE THE PERSONAL USE AMO UNT 9
IS A CIVIL OFFENSE P UNISHABLE BY A FINE NOT EXCEEDING $250. 10
2. A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL 11
OFFENSE UNDER THIS S UBPARAGRAPH MAY REQU EST, AND SHALL BE GRANTED , A 12
PENALTY OF UP TO 16 HOURS OF COMMUNITY SERVICE IN LIEU OF A FINE. 13
(3) (i) 1. In this paragraph the following words have the meanings 14
indicated. 15
2. “Bona fide physician–patient relationship” means a 16
relationship in which the physician has ongoing responsibility for the assessment, care, and 17
treatment of a patient’s medical condition. 18
3. “Caregiver” means an individual designated by a patient 19
with a debilitating medical condition to provide physical or medical assistance to the 20
patient, including assisting with the medical use of [marijuana] CANNABIS, who: 21
A. is a resident of the State; 22
B. is at least 21 years old; 23
C. is an immediate family member, a spouse, or a domestic 24
partner of the patient; 25
D. has not been convicted of a crime of violence as defined in 26
§ 14–101 of this article; 27
E. has not been convicted of a violation of a State or federal 28
controlled dangerous substances law; 29
F. has not been convicted of a crime of moral turpitude; 30
G. has been designated as caregiver by the patient in writing 31
that has been placed in the patient’s medical record prior to arrest; 32
SENATE BILL 833 13
H. is the only individual designated by the patient to serve as 1
caregiver; and 2
I. is not serving as caregiver for any other patient. 3
4. “Debilitating medical condition” means a chronic or 4
debilitating disease or medical condition or the treatment of a chronic or debilitating 5
disease or medical condition that produces one or more of the following, as documented by 6
a physician with whom the patient has a bona fide physician–patient relationship: 7
A. cachexia or wasting syndrome; 8
B. severe or chronic pain; 9
C. severe nausea; 10
D. seizures; 11
E. severe and persistent muscle spasms; or 12
F. any other condition that is severe and resistant to 13
conventional medicine. 14
(ii) 1. In a prosecution for the use or possession of [marijuana] 15
CANNABIS, the defendant may introduce and the court shall consider as a mitigating factor 16
any evidence of medical necessity. 17
2. Notwithstanding paragraph (2) of this subsection, if the 18
court finds that the person used or possessed [marijuana] CANNABIS because of medical 19
necessity, the court shall dismiss the charge. 20
(iii) 1. In a prosecution for the use or possession of [marijuana] 21
CANNABIS under this section, it is an affirmative defense that the defendant used or 22
possessed [marijuana] CANNABIS because: 23
A. the defendant has a debilitating medical condition that 24
has been diagnosed by a physician with whom the defendant has a bona fide 25
physician–patient relationship; 26
B. the debilitating medical condition is severe and resistant 27
to conventional medicine; and 28
C. [marijuana] CANNABIS is likely to provide the defendant 29
with therapeutic or palliative relief from the debilitating medical condition. 30
14 SENATE BILL 833
2. A. In a prosecution for the possession of [marijuana] 1
CANNABIS under this section, it is an affirmative defense that the defendant possessed 2
[marijuana] CANNABIS because the [marijuana] CANNABIS was intended for medical use 3
by an individual with a debilitating medical condition for whom the defendant is a 4
caregiver. 5
B. A defendant may not assert the affirmative defense under 6
this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s 7
intention to assert the affirmative defense and provides the State’s Attorney with all 8
documentation in support of the affirmative defense in accordance with the rules of 9
discovery provided in Maryland Rules 4–262 and 4–263. 10
3. An affirmative defense under this subparagraph may not 11
be used if the defendant was: 12
A. using [marijuana] CANNABIS in a public place or 13
assisting the individual for whom the defendant is a caregiver in using the [marijuana] 14
CANNABIS in a public place; or 15
B. in possession of more than 1 ounce of [marijuana] 16
CANNABIS. 17
[(4) A violation of this section involving the smoking of marijuana in a 18
public place is a civil offense punishable by a fine not exceeding $500.] 19
(d) The provisions of subsection (c)(2)(ii) of this section making the possession of 20
[marijuana] CANNABIS a civil offense FOR INDIVIDUALS UNDE R THE AGE OF 21 YEARS 21
AND THE PROVISIONS O F TITLE 23 OF THE HEALTH – GENERAL ARTICLE MAKING 22
THE POSSESSION OF CA NNABIS LEGAL FOR IND IVIDUALS AT LEAST 21 YEARS OLD 23
may not be construed to affect the laws relating to[: 24
(1)] operating a vehicle or vessel while under the influence of or while 25
impaired by a controlled dangerous substance[; or 26
(2) seizure and forfeiture]. 27
5–601.1. 28
(a) A police officer shall issue a citation to a person who the police officer has 29
probable cause to believe has committed a violation of § 5–601 of this part involving the use 30
or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 31
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT . 32
SENATE BILL 833 15
(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 1
than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE 2
PERSONAL USE AMOUNT is a civil offense. 3
(2) Adjudication of a violation under § 5–601 of this part involving the use 4
or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 5
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT : 6
(i) is not a criminal conviction for any purpose; and 7
(ii) does not impose any of the civil disabilities that may result from 8
a criminal conviction. 9
(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 10
or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 11
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT shall be signed by the police officer 12
who issues the citation and shall contain: 13
(i) the name, address, and date of birth of the person charged; 14
(ii) the date and time that the violation occurred; 15
(iii) the location at which the violation occurred; 16
(iv) the fine OR AMOUNT OF COMMUNI TY SERVICE that may be 17
imposed; 18
(v) a notice stating that prepayment of the fine is allowed, except as 19
provided in paragraph (2) of this subsection; and 20
(vi) a notice in boldface type that states that the person shall: 21
1. pay the full amount of the preset fine; [or] 22
2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 23
OR 24
3. request a trial date at the date, time, and place established 25
by the District Court by writ or trial notice. 26
(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 27
use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 28
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT is issued to a person under the age 29
of 21 years, the court shall summon the person for trial. 30
16 SENATE BILL 833
[(ii) If the court finds that a person at least 21 years old who has been 1
issued a citation under this section has at least twice previously been found guilty under § 2
5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 3
court shall summon the person for trial.] 4
(d) The form of the citation shall be uniform throughout the State and shall be 5
prescribed by the District Court. 6
(e) (1) The Chief Judge of the District Court shall establish a schedule for the 7
prepayment of the fine AND PROCEDURES FOR I NDIVIDUALS TO REQUES T AND BE 8
GRANTED COMMUNITY SE RVICE IN LIEU OF A F INE. 9
(2) Prepayment of a fine OR ACCEPTANCE OF COM MUNITY SERVICE IN 10
LIEU OF A FINE shall be considered a plea of guilty to a Code violation. 11
(3) A person described in subsection (c)(2) of this section may not prepay 12
the fine. 13
(f) (1) A person may request a trial by sending a request for trial to the District 14
Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 15
citation. 16
(2) If a person other than a person described in subsection (c)(2) of this 17
section does not request a trial [or], prepay the fine, OR REQUEST COMMUNITY SERVICE 18
IN LIEU OF A FINE within 30 days of the issuance of the citation, the court may impose the 19
maximum fine and costs against the person and find the person is guilty of a Code violation 20
[for purposes of subsection (c)(2)(ii) of this section]. 21
(g) The issuing jurisdiction shall forward a copy of the citation and a request for 22
trial to the District Court in the district having venue. 23
(h) (1) The failure of a defendant to respond to a summons described in 24
subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 25
Article. 26
(2) If a person at least 21 years old fails to appear after having requested 27
a trial, the court may impose the maximum fine OR COMMUNITY SERVICE and costs 28
against the person and find the person is guilty of a Code violation [for purposes of 29
subsection (c)(2)(ii) of this section]. 30
(i) In any proceeding for a Code violation under § 5–601 of this part involving the 31
use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 32
EXCEEDING DOUBL E THE PERSONAL USE A MOUNT: 33
(1) the State has the burden to prove the guilt of the defendant by a 34
preponderance of the evidence; 35 SENATE BILL 833 17
(2) the court shall apply the evidentiary standards as prescribed by law or 1
rule for the trial of a criminal case; 2
(3) the court shall ensure that the defendant has received a copy of the 3
charges against the defendant and that the defendant understands those charges; 4
(4) the defendant is entitled to cross–examine all witnesses who appear 5
against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 6
testify on the defendant’s own behalf, if the defendant chooses to do so; 7
(5) the defendant is entitled to be represented by counsel of the defendant’s 8
choice and at the expense of the defendant; and 9
(6) the defendant may enter a plea of guilty or not guilty, and the verdict 10
of the court in the case shall be: 11
(i) guilty of a Code violation; 12
(ii) not guilty of a Code violation; or 13
(iii) probation before judgment, imposed by the court in the same 14
manner and to the same extent as is allowed by law in the trial of a criminal case. 15
(j) (1) The defendant is liable for the costs of the proceedings in the District 16
Court. 17
(2) The court costs in a Code violation case under § 5–601 of this part 18
involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 19
CANNABIS NOT EXCEEDI NG DOUBLE THE PERSON AL USE AMOUNT in which costs are 20
imposed are $5. 21
(k) (1) The State’s Attorney for any county may prosecute a Code violation 22
under § 5–601 of this part involving the use or possession of [less than 10 grams of 23
marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING DOUB LE THE PERSONAL USE 24
AMOUNT in the same manner as prosecution of a violation of the criminal laws of the State. 25
(2) In a Code violation case under § 5–601 of this part involving the use or 26
possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 27
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT , the State’s Attorney may: 28
(i) enter a nolle prosequi or move to place the case on the stet docket; 29
and 30
(ii) exercise authority in the same manner as prescribed by law for 31
violation of the criminal laws of the State. 32 18 SENATE BILL 833
(l) A person issued a citation for a violation of § 5–601 of this part involving the 1
use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT 2
EXCEEDING DOUBLE THE PERSONAL USE AMOUNT who is under the age of 18 years 3
shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the 4
Courts Article. 5
(m) A citation for a violation of § 5–601 of this part involving the use or possession 6
of [less than 10 grams of marijuana] AN AMOUNT OF CANNABI S NOT EXCEEDING 7
DOUBLE THE PERSONAL USE AMOUNT and the official record of a court regarding the 8
citation are not subject to public inspection and may not be included on the public website 9
maintained by the Maryland Judiciary if: 10
(1) the defendant has prepaid the fine OR PERFORMED THE COM MUNITY 11
SERVICE; 12
(2) the defendant has pled guilty to or been found guilty of the Code 13
violation and has fully paid the fine OR PERFORMED THE COM MUNITY SERVICE and 14
PAID THE costs imposed for the violation; 15
(3) the defendant has received a probation before judgment and has fully 16
paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 17
imposed by the court; 18
(4) the case has been removed from the stet docket after the defendant fully 19
paid the fine OR PERFORMED THE COM MUNITY SERVICE and completed any terms 20
imposed by the court; 21
(5) the State has entered a nolle prosequi; 22
(6) the defendant has been found not guilty of the charge; or 23
(7) the charge has been dismissed. 24
5–601.2. 25
(A) A PERSON MAY NOT SMOKE CANN ABIS IN A PUBLIC PLA CE, AS DEFINED 26
IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 27
(B) (1) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL 28
OFFENSE PUNISHABLE B Y A FINE NOT EXCEEDI NG $50. 29
(2) A PERSON WHO IS FOUND RESPONSIBLE F OR A CIVIL OFFENSE 30
UNDER THIS SECTION M AY REQUEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 31
5 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 32 SENATE BILL 833 19
(C) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 1
POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 2
OF THIS SECTION. 3
(D) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 4
(2) ADJUDICATION OF A VIO LATION UNDER THIS SE CTION: 5
(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 6
(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABILITIES THAT 7
MAY RESULT FROM A CR IMINAL CONVICTION . 8
(E) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 9
SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 10
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 11
CHARGED; 12
(II) THE DATE AND TIME TH AT THE VIOLATION OCC URRED; 13
(III) THE LOCATION AT WHIC H THE VIOLATION OCCU RRED; 14
(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 15
BE IMPOSED; 16
(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 17
ALLOWED, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION ; AND 18
(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THA T THE 19
PERSON SHALL : 20
1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 21
2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 22
OR 23
3. REQUEST A T RIAL AT THE DATE , TIME, AND PLACE 24
ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 25
(2) IF A CITATION FOR A V IOLATION OF THIS SEC TION IS ISSUED TO A 26
PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 27
FOR TRIAL. 28
20 SENATE BILL 833
(F) THE FORM OF THE CITATION SHAL L BE UNIFORM THROUGH OUT THE 1
STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 2
(G) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 3
SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 4
INDIVIDUALS TO REQUE ST AND BE GRANTED COMMUNITY SE RVICE IN LIEU OF A 5
FINE. 6
(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COM MUNITY 7
SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 8
VIOLATION. 9
(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 10
FINE. 11
(H) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A R EQUEST FOR 12
TRIAL TO THE DISTRICT COURT IN THE JURISDIC TION WHERE THE CITAT ION WAS 13
ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 14
(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 15
REQUEST COMMUNITY SERVI CE IN LIEU OF A FINE WITHIN 30 DAYS AFTER THE 16
ISSUANCE OF THE CITA TION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 17
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 18
GUILTY OF A CODE VIOLATION . 19
(I) THE ISSUING JURISDICT ION SHALL FORWARD A C OPY OF THE CITATION 20
AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 21
VENUE. 22
(J) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 23
DESCRIBED IN SUBSECT ION (E)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 24
5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 25
(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO A PPEAR AFTER 26
HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 27
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 28
GUILTY OF A CODE VIOLATION . 29
(K) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 30
(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT O F THE 31
DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 32
SENATE BILL 833 21
(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 1
PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF A CR IMINAL CASE; 2
(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 3
A COPY OF THE CHARGE S AGAINST THE DEFEND ANT AND THAT THE DEF ENDANT 4
UNDERSTANDS THOSE CH ARGES; 5
(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 6
WITNESSES WHO APPEAR AGAINST THE D EFENDANT, TO PRODUCE EVIDENCE OR 7
WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 8
OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 9
(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 10
OF THE DEFENDANT ’S CHOICE AND AT THE EXPE NSE OF THE DEFENDANT ; AND 11
(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NOT GUILTY, 12
AND THE VERDICT OF T HE COURT IN THE CASE SHALL BE: 13
(I) GUILTY OF A CODE VIOLATION ; 14
(II) NOT GUILTY OF A CODE VIOLATION ; OR 15
(III) PROBATION BEFORE JUDGMENT , IMPOSED BY THE COURT 16
IN THE SAME MANNER A ND TO THE SAME EXTEN T AS IS ALLOWED BY L AW IN THE 17
TRIAL OF A CRIMINAL CASE. 18
(L) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 19
PROCEEDINGS IN THE DISTRICT COURT. 20
(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 21
SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 22
(M) (1) THE STATE’S ATTORNEY FOR ANY COUN TY MAY PROSECUTE A 23
CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 24
FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 25
(2) IN A CODE VIOLATION CASE U NDER THIS SECTION , THE STATE’S 26
ATTORNEY MAY : 27
(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 28
THE STET DOCKET ; AND 29
(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 30
PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 31 22 SENATE BILL 833
(N) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 1
IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJE CT TO THE PROCEDURES AND 2
DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 3
(O) A CITATION FOR A VIOLA TION OF THIS SECTION AN D THE OFFICIAL 4
RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 5
INSPECTION AND MAY N OT BE INCLUDED ON TH E PUBLIC WEBSITE MAI NTAINED BY 6
THE MARYLAND JUDICIARY IF: 7
(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 8
COMMUNITY SERVICE ; 9
(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 10
OF THE CODE VIOLATION AND HA S FULLY PAID THE FIN E OR PERFORMED THE 11
COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 12
(3) THE DEFENDANT HAS RE CEIVED A PROBA TION BEFORE 13
JUDGMENT AND HAS FUL LY PAID THE FINE OR PERFORMED THE COMMUN ITY 14
SERVICE AND COMPLETE D ANY TERMS IMPOSED BY THE COURT; 15
(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 16
THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 17
THE COURT; 18
(5) THE STATE HAS ENTERED A N OLLE PROSEQUI ; 19
(6) THE DEFENDANT HAS BE EN FOUND NOT GUILTY OF THE CHARGE ; 20
OR 21
(7) THE CHARGE HAS BEEN DISMISSED. 22
5–601.3. 23
(A) A PERSON MAY NOT CULTI VATE CANNABIS PLANTS IN A MANNER THAT 24
IS CONTRARY TO THIS SECTION. 25
(B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE 26
THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 27
PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 28
OPTICAL AIDS. 29
SENATE BILL 833 23
(C) (1) IN THIS SUBSECTIO N, “REASONABLE PRECAUTIO NS” INCLUDES 1
CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 2
UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 3
(2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAK E REASONABLE 4
PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZED AC CESS 5
AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS. 6
(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 7
POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSO N IN 8
LAWFUL POSSESSION OF THE PROPERTY . 9
(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS 10
PLANTS. 11
(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN FOUR CANNABIS 12
PLANTS. 13
(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT 14
THE SAME RESIDENCE , NOT MORE THAN EIGHT CANNABIS PLANTS MAY BE 15
CULTIVATED AT THAT R ESIDENCE. 16
(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 17
PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A CIVIL OFFENS E PUNISHABLE 18
BY A FINE NOT EXCEED ING $750. 19
(2) A PERSON WHO VIOLATES THIS SECTION BY CUL TIVATING MORE 20
THAN FOUR PLANTS BUT LESS THAN EIGHT PLAN TS IS GUILTY OF A CIVIL OFFENSE 21
PUNISHABLE BY A FINE NOT EXCEEDING $250. 22
(3) A PERSON WHO IS FOUND RESPONSIBLE FOR A CI VIL OFFENSE 23
UNDER THIS SECTION M AY REQUEST, AND SHALL BE GRANTED , A PENALTY OF UP TO 24
50 HOURS OF COMMUNITY S ERVICE IN LIEU OF A FINE. 25
(H) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 26
POLICE OFFICER HAS P ROBABLE CAUSE TO BEL IEVE HAS COMMITTED A VIOLATION 27
OF THIS SECTION. 28
(I) (1) A VIOLATION OF THIS SE CTION IS A CIVIL OFFENSE. 29
(2) ADJUDICATION OF A VIO LATION UNDER THIS SE CTION: 30
(I) IS NOT A CRIMINAL CO NVICTION FOR ANY PUR POSE; AND 31
24 SENATE BILL 833
(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABIL ITIES THAT 1
MAY RESULT FROM A CR IMINAL CONVICTION . 2
(J) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SE CTION SHALL BE 3
SIGNED BY THE POLICE OFFICER WHO ISSUES T HE CITATION AND SHAL L CONTAIN: 4
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 5
CHARGED; 6
(II) THE DATE AND TIME TH AT THE VIOLATION OCC URRED; 7
(III) THE LOCATION AT WHICH THE VIOLATI ON OCCURRED ; 8
(IV) THE FINE OR AMOUNT O F COMMUNITY SERVICE THAT MAY 9
BE IMPOSED; 10
(V) A NOTICE STATING THA T PREPAYMENT OF THE FINE IS 11
ALLOWED, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION ; AND 12
(VI) A NOTICE IN BOLDFAC E TYPE THAT STATES T HAT THE 13
PERSON SHALL : 14
1. PAY THE FULL AMOUNT OF THE PRESET FINE ; 15
2. REQUEST COMMUNITY SE RVICE IN LIEU OF THE FINE; 16
OR 17
3. REQUEST A TRIAL AT T HE DATE, TIME, AND PLACE 18
ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIA L NOTICE. 19
(2) IF A CITATION FOR A V IOLATION OF THIS SEC TION IS ISSUED TO A 20
PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMM ON THE PERSON 21
FOR TRIAL. 22
(K) THE FORM OF THE CITAT ION SHALL BE UNIFORM THROUGHOUT THE 23
STATE AND SHALL BE PR ESCRIBED BY THE DISTRICT COURT. 24
(L) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 25
SCHEDULE FOR THE PRE PAYMENT OF THE FINE AND PROCEDURES FOR 26
INDIVIDUALS TO REQUE ST AND BE GRANTED CO MMUNITY SERVICE IN L IEU OF A 27
FINE. 28
SENATE BILL 833 25
(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COMMUNITY 1
SERVICE IN LIEU OF A FINE SHALL BE CONSID ERED A PLEA OF GUILT Y TO A CODE 2
VIOLATION. 3
(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 4
FINE. 5
(M) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A R EQUEST FOR 6
TRIAL TO THE DISTRICT COURT IN THE JURISDICTION WHERE THE CITATION W AS 7
ISSUED WITHIN 30 DAYS AFTER THE ISSUA NCE OF THE CITATION . 8
(2) IF A PERSON DOES NOT REQUEST A TRIAL , PREPAY THE FINE , OR 9
REQUEST COMMUNITY SE RVICE IN LIEU OF A F INE WITHIN 30 DAYS AFTER THE 10
ISSUANCE OF THE CITATION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 11
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 12
GUILTY OF A CODE VIOLATION . 13
(N) THE ISSUING JURISDICT ION SHALL FORWARD A COPY OF THE CITATION 14
AND A REQUEST FOR TR IAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 15
VENUE. 16
(O) (1) THE FAILURE OF A DEFE NDANT TO RESPOND TO A SUMMONS 17
DESCRIBED IN SUBSECT ION (J)(2) OF THIS SECTION SHAL L BE GOVERNED BY § 18
5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 19
(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO APPEAR AFTER 20
HAVING REQUESTED A T RIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 21
COMMUNITY SERVICE AN D COSTS AGAINST THE PERSON AND FIND THE PERSON 22
GUILTY OF A CODE VIOLATION . 23
(P) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 24
(1) THE STATE HAS THE BURDEN T O PROVE THE GUILT OF THE 25
DEFENDANT BY A PREPO NDERANCE OF THE EVID ENCE; 26
(2) THE COURT SHALL APPL Y THE EVIDENTIARY ST ANDARDS AS 27
PRESCRIBED BY LAW OR RULE FOR THE TRIAL O F A CRIMINAL CASE ; 28
(3) THE COURT SHALL ENSU RE THAT THE DEFENDAN T HAS RECEIVED 29
A COPY OF THE CHARGE S AGAINST THE DEFEND ANT AND THAT THE DEF ENDANT 30
UNDERSTANDS THOSE CH ARGES; 31
(4) THE DEFENDANT IS ENT ITLED TO CROSS –EXAMINE ALL 32
WITNESSES WHO APPEAR AGAINST THE DEFENDAN T, TO PRODUCE EVIDENCE OR 33 26 SENATE BILL 833
WITNESSES ON BEHALF OF THE DEFENDANT , AND TO TESTIFY ON TH E DEFENDANT ’S 1
OWN BEHALF , IF THE DEFENDANT CHO OSES TO DO SO; 2
(5) THE DEFENDANT IS ENT ITLED TO BE REPRESEN TED BY COUNSEL 3
OF THE DEFENDANT ’S CHOICE AND AT THE EXPENSE OF THE DEFEN DANT; AND 4
(6) THE DEFENDANT MAY EN TER A PLEA OF GUILTY OR NO T GUILTY, 5
AND THE VERDICT OF T HE COURT IN THE CASE SHALL BE: 6
(I) GUILTY OF A CODE VIOLATION ; 7
(II) NOT GUILTY OF A CODE VIOLATION ; OR 8
(III) PROBATION BEFORE JUD GMENT, IMPOSED BY THE COURT 9
IN THE SAME MANNER A ND TO THE SAME EX TENT AS IS ALLOWED B Y LAW IN THE 10
TRIAL OF A CRIMINAL CASE. 11
(Q) (1) THE DEFENDANT IS LIAB LE FOR THE COSTS OF THE 12
PROCEEDINGS IN THE DISTRICT COURT. 13
(2) THE COURT COSTS IN A CODE VIOLATION CASE U NDER THIS 14
SECTION IN WHICH COS TS ARE IMPOSED ARE $5. 15
(R) (1) THE STATE’S ATTORNEY FOR ANY COUN TY MAY PROSECUTE A 16
CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSE CUTION 17
FOR A VIOLATION OF T HE CRIMINAL LAWS OF THE STATE. 18
(2) IN A CODE VIOLATION CASE U NDER THIS SECTION , THE STATE’S 19
ATTORNEY MAY : 20
(I) ENTER A NOLLE PROSEQ UI OR MOVE TO PLACE THE CASE ON 21
THE STET DOCKET ; AND 22
(II) EXERCISE AUTHORITY I N THE SAME MANNER AS 23
PRESCRIBED BY LAW FO R VIOLATION OF THE C RIMINAL LAWS OF THE STATE. 24
(S) A PERSON ISSUED A CITA TION FOR A VIOLATION OF THIS SECTION WHO 25
IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJE CT TO THE PROCEDURES AND 26
DISPOSITIONS PROVIDE D IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 27
(T) A CITATION FOR A VIOLA TION OF THIS SECTION AND THE OFFICIAL 28
RECORD OF A COURT RE GARDING THE CITATION ARE NOT SUBJECT TO P UBLIC 29
INSPECTION AND MAY N OT BE INCLUDED ON TH E PUBLIC WEBSITE MAI NTAINED BY 30
THE MARYLAND JUDICIARY IF: 31 SENATE BILL 833 27
(1) THE DEFENDANT HAS PR EPAID THE FINE OR PE RFORMED THE 1
COMMUNITY SERVICE ; 2
(2) THE DEFENDANT HAS PL ED GUILTY TO OR BEEN FOUND GUILTY 3
OF THE CODE VIOLATION AND HA S FULLY PAID THE FIN E OR PERFORMED THE 4
COMMUNITY SERVICE AN D PAID THE COSTS IMP OSED FOR THE VIOLATI ON; 5
(3) THE DEFENDANT HAS RE CEIVED A PROBATION B EFORE 6
JUDGMENT AND HAS FUL LY PAID THE FINE OR PERFORMED THE COMMUN ITY 7
SERVICE AND COMPLETED ANY TERMS IMPOSED BY THE COURT; 8
(4) THE CASE HAS BEEN RE MOVED FROM THE STET DOCKET AFTER 9
THE DEFENDANT FULLY PAID THE FINE AND CO MPLETED ANY TERMS IM POSED BY 10
THE COURT; 11
(5) THE STATE HAS ENTERED A N OLLE PROSEQUI ; 12
(6) THE DEFENDANT HAS BEEN F OUND NOT GUILTY OF T HE CHARGE; 13
OR 14
(7) THE CHARGE HAS BEEN DISMISSED. 15
5–612. 16
(a) [A] EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A person may not 17
manufacture, distribute, dispense, or possess: 18
(1) 50 pounds or more of [marijuana] CANNABIS; 19
(2) 448 grams or more of cocaine; 20
(3) 448 grams or more of any mixture containing a detectable amount, as 21
scientifically measured using representative sampling methodology, of cocaine; 22
(4) 448 grams or more of cocaine base, commonly known as “crack”; 23
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 24
or salt of an isomer of morphine or opium; 25
(6) 28 grams or more of any mixture containing a detectable amount, as 26
scientifically measured using representative sampling methodology, of morphine or opium 27
or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 28
(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 29
is scheduled by the United States Drug Enforcement Administration; 30 28 SENATE BILL 833
(8) 28 grams or more of any mixture containing a detectable amount, as 1
scientifically measured using representative sampling methodology, of fentanyl or any 2
structural variation of fentanyl that is scheduled by the United States Drug Enforcement 3
Administration; 4
(9) 1,000 dosage units or more of lysergic acid diethylamide; 5
(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 6
acid diethylamide; 7
(11) 16 ounces or more of phencyclidine in liquid form; 8
(12) 448 grams or more of any mixture containing a detectable amount, as 9
scientifically measured using representative sampling methodology, of phencyclidine; 10
(13) 448 grams or more of methamphetamine; or 11
(14) 448 grams or more of any mixture containing a detectable amount, as 12
scientifically measured using representative sampling methodology, of methamphetamine. 13
(b) For the purpose of determining the quantity of a controlled dangerous 14
substance involved in individual acts of manufacturing, distributing, dispensing, or 15
possessing under subsection (a) of this section, the acts may be aggregated if each of the 16
acts occurred within a 90–day period. 17
(c) (1) A person who is convicted of a violation of subsection (a) of this section 18
shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not 19
exceeding $100,000. 20
(2) The court may not suspend any part of the mandatory minimum 21
sentence of 5 years. 22
(3) Except as provided in § 4–305 of the Correctional Services Article, the 23
person is not eligible for parole during the mandatory minimum sentence. 24
5–614. 25
(a) (1) Unless authorized by law to possess the substance, a person may not 26
bring into the State: 27
(i) 45 kilograms or more of [marijuana] CANNABIS; 28
(ii) 28 grams or more of cocaine; 29
(iii) any mixture containing 28 grams or more of cocaine; 30
SENATE BILL 833 29
(iv) 4 grams or more of morphine or opium or any derivative, salt, 1
isomer, or salt of an isomer of morphine or opium; 2
(v) 1,000 dosage units of lysergic acid diethylamide; 3
(vi) any mixture containing the equivalent of 1,000 dosage units of 4
lysergic acid diethylamide; 5
(vii) 28 grams or more of phencyclidine in liquid or powder form; 6
(viii) 112 grams or more of any mixture containing phencyclidine; 7
(ix) 1,000 dosage units or more of methaqualone; 8
(x) 28 grams or more of methamphetamine; 9
(xi) any mixture containing 28 grams or more of methamphetamine; 10
or 11
(xii) 4 grams or more of fentanyl or a fentanyl analogue. 12
(2) A person who violates this subsection is guilty of a felony and on 13
conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 14
or both. 15
(b) (1) Unless authorized by law to possess the [marijuana] CANNABIS, a 16
person may not bring into the State more than 5 kilograms but less than 45 kilograms of 17
[marijuana] CANNABIS. 18
(2) A person who violates this subsection is guilty of a felony and on 19
conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 20
or both. 21
5–619. 22
(c) (1) [This subsection does not apply to the use or possession of drug 23
paraphernalia involving the use or possession of marijuana. 24
(2)] Unless authorized under this title, a person may not use or possess with 25
intent to use drug paraphernalia to: 26
(i) plant, propagate, cultivate, grow, harvest, manufacture, 27
compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 28
controlled dangerous substance; or 29
(ii) inject, ingest, inhale, or otherwise introduce into the human body 30
a controlled dangerous substance. 31 30 SENATE BILL 833
[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 1
and on conviction is subject to: 2
(i) for a first violation, a fine not exceeding $500; and 3
(ii) for each subsequent violation, imprisonment not exceeding 2 4
years or a fine not exceeding $2,000 or both. 5
[(4)] (3) A person who is convicted of violating this subsection for the first 6
time and who previously has been convicted of violating subsection (d)(4) of this section is 7
subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 8
5–620. 9
(a) Unless authorized under this title, a person may not: 10
(1) obtain or attempt to obtain controlled paraphernalia by: 11
(i) fraud, deceit, misrepresentation, or subterfuge; 12
(ii) counterfeiting a prescription or a written order; 13
(iii) concealing a material fact or the use of a false name or address; 14
(iv) falsely assuming the title of or representing to be a 15
manufacturer, distributor, or authorized provider; or 16
(v) making or issuing a false or counterfeit prescription or written 17
order; or 18
(2) possess or distribute controlled paraphernalia under circumstances 19
which reasonably indicate an intention to use the controlled paraphernalia for purposes of 20
illegally administering a controlled dangerous substance. 21
(b) Evidence of circumstances that reasonably indicate an intent to use controlled 22
paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 23
substance unlawfully include the close proximity of the controlled paraphernalia to an 24
adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 25
distribute, or dispense controlled dangerous substances, including: 26
(1) a scale; 27
(2) a sieve; 28
(3) a strainer; 29
SENATE BILL 833 31
(4) a measuring spoon; 1
(5) staples; 2
(6) a stapler; 3
(7) a glassine envelope; 4
(8) a gelatin capsule; 5
(9) procaine hydrochloride; 6
(10) mannitol; 7
(11) lactose; 8
(12) quinine; and 9
(13) a controlled dangerous substance. 10
(c) Information that is communicated to a physician to obtain controlled 11
paraphernalia from the physician in violation of this subtitle is not a privileged 12
communication. 13
(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 14
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 15
not exceeding 4 years or a fine not exceeding $25,000 or both. 16
[(2) A person who violates this section involving the use or possession of 17
marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 18
or both.] 19
5–629. 20
THE OFFENSES AND PENA LTIES IN THIS SUBTIT LE DO NOT APPLY TO 21
ACTIVITIES RELATED T O CANNABIS OR CANNAB IS ACCESSORIES THAT ARE LEGAL 22
UNDER: 23
(1) TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE; OR 24
(2) TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 25
10–113. 26
An individual may not knowingly and willfully make a misrepresentation or false 27
statement as to the age of that individual or another to any person licensed to sell alcoholic 28 32 SENATE BILL 833
beverages OR CANNABIS or engaged in the sale of alcoholic beverages OR CANNABIS , for 1
the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic 2
beverage OR CANNABIS to an individual. 3
10–116. 4
An individual may not obtain, or attempt to obtain by purchase or otherwise, an 5
alcoholic beverage OR CANNABIS from any person licensed to sell alcoholic beverages OR 6
CANNABIS for consumption by another who the individual obtaining or attempting to 7
obtain the beverage OR CANNABIS knows is under the age of 21 years. 8
10–117. 9
(a) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (D) of this 10
section, a person may not furnish an alcoholic beverage, CANNABIS, OR CANNABIS 11
ACCESSORIES AS DEFIN ED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE to an 12
individual if: 13
(1) the person furnishing the alcoholic beverage, CANNABIS, OR 14
CANNABIS ACCESSORIES knows that the individual is under the age of 21 years; and 15
(2) the alcoholic beverage [is], CANNABIS, OR CANNABIS ACCESSOR IES 16
ARE furnished for the purpose of consumption by the individual under the age of 21 years. 17
(b) Except as provided in subsection (c) of this section, an adult may not 18
knowingly and willfully allow an individual under the age of 21 years actually to possess 19
or consume an alcoholic beverage OR CANNABIS at a residence, or within the curtilage of 20
a residence that the adult owns or leases and in which the adult resides. 21
(c) (1) The prohibition set forth in subsection (a) of this section does not apply 22
if [the] A person furnishing [the] AN alcoholic beverage and the individual to whom the 23
alcoholic beverage is furnished: 24
(i) are members of the same immediate family, and the alcoholic 25
beverage is furnished and consumed in a private residence or within the curtilage of the 26
residence; or 27
(ii) are participants in a religious ceremony. 28
(2) The prohibition set forth in subsection (b) of this section does not apply 29
if [the] AN adult allowing the possession or consumption of [the] AN alcoholic beverage and 30
the individual under the age of 21 years who possesses or consumes the alcoholic beverage: 31
(i) are members of the same immediate family, and the alcoholic 32
beverage is possessed and consumed in a private residence, or within the curtilage of the 33
residence, of the adult; or 34 SENATE BILL 833 33
(ii) are participants in a religious ceremony. 1
(d) THE PROHIBITIONS SET FORTH IN SUBSECTIONS (A) AND (B) OF THIS 2
SECTION DO NOT APP LY IN THE CASE OF AN INDIVIDUAL UNDER THE AGE OF 21 3
YEARS WHO IS ALLOWED TO POSSESS CANNABIS AND CANNABIS ACCESSO RIES 4
UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 5
(E) A person may not violate subsection (a) or (b) of this section if the violation 6
involves an individual under the age of 21 years who: 7
(1) the person knew or reasonably should have known would operate a 8
motor vehicle after consuming the alcoholic beverage OR CANNABIS; and 9
(2) as a result of operating a motor vehicle while under the influence of 10
alcohol or while impaired by alcohol OR CANNABIS, causes serious physical injury or death 11
to the individual or another. 12
Article – Criminal Procedure 13
10–105.3. 14
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “AUTOMATIC EXPUNGEMENT ” MEANS EXPUNGEMENT WI THOUT 17
THE FILING OF A PETI TION OR PAYMENT OF A FEE BY THE PERSON WH O IS THE 18
SUBJECT OF THE RECOR DS TO BE EXPUNGED . 19
(3) “PERSONAL USE AMOUNT ” HAS THE MEA NING STATED IN § 5–601 20
OF THE CRIMINAL LAW ARTICLE. 21
(B) ALL COURT RECORDS AND POLICE RECORDS RELAT ING TO ANY 22
DISPOSITION OF A CHA RGE OF POSSESSION OF CANNABIS UNDER § 5–601 OF THE 23
CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY OF CANNABIS THAT DID NOT 24
EXCEED THE PERSONAL USE AMO UNT ENTERED BEFORE OCTOBER 1, 2023, WHERE 25
POSSESSION OF CANNAB IS IS THE ONLY CHARG E IN THE CASE , SHALL BE 26
AUTOMATICALLY EXPUNG ED ON OR BEFORE OCTOBER 1, 2023. 27
(C) NOTWITHSTANDING § 10–107 OF THIS SUBTITLE , ALL COURT RECORDS 28
AND POLICE RECORDS RELATING TO ANY DISPOSITION OF A CHARGE OF POSSESSION 29
OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A 30
QUANTITY OF CANNABIS THAT DID NOT EXCEED THE PERSONAL USE AMO UNT 31
ENTERED BEFORE OCTOBER 1, 2023, WHERE THE DEFENDANT WAS ALSO CHARGED 32
WITH ONE OR MORE OTH ER CRIMES IN THE SAM E CASE, REGARDLESS OF THE 33 34 SENATE BILL 833
DISPOSITION OF THE O THER CHARGE OR CHARG ES, SHALL BE AUTOMATICAL LY 1
EXPUNGED ON OR BEFOR E OCTOBER 1, 2024. 2
(D) WITH REGARD TO ANY DI SPOSITION OF A CHARG E OF POSSESSION OF 3
CANNABIS UN DER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A Q UANTITY 4
OF CANNABIS THAT DID NOT EXCEED THE PERSO NAL USE AMOUNT ENTER ED ON OR 5
AFTER OCTOBER 1, 2022, OR A CIVIL CHARGE UN DER § 5–601.1 OR § 5–601.2 OF THE 6
CRIMINAL LAW ARTICLE, NOTWITHSTANDING § 10–107 OF THIS SUBTITLE: 7
(1) THE COURT WITH JURIS DICTION OVER THE CAS E SHALL INITIATE 8
EFFORTS TO AUTOMATIC ALLY EXPUNGE ALL COU RT RECORDS AND POLIC E 9
RECORDS RELATING TO THE CHARGE 1 YEAR AFTER DISPOSITI ON OF THE CHARGE ; 10
AND 11
(2) EXPUNGEMENT OF COURT RECORDS AN D POLICE RECORDS 12
RELATING TO THE CHAR GE SHALL BE COMPLETE D ON OR BEFORE 1 YEAR AND 90 13
DAYS AFTER DISPOSITI ON. 14
10–105.4. 15
(A) IN THIS SECTION, “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED 16
IN § 5–601 OF THE CRIMINAL LAW ARTICLE. 17
(B) (1) THE LEGALIZATION OF POSSESSION AND CU LTIVATION OF A 18
PERSONAL USE AMOUNT OF CANNABIS BY PERSO NS AT LEAST 21 YEARS OLD UNDER 19
TITLE 23 OF THE HEALTH – GENERAL ARTICLE IS RETROACTIV E. 20
(2) ALL CHARGES PENDING O N OCTOBER 1, 2022, FOR POSSESSION 21
OR CULTIVATION OF A PERSONAL US E AMOUNT OF CANNABIS BY A PERSON WHO IS 22
AT LEAST 21 YEARS OLD SHALL BE D ISMISSED. 23
(3) (I) A PERSON INCARCERATED OR UNDER SUPERVISION ON OR 24
AFTER OCTOBER 1, 2022, FOR AN OFFENSE INVOL VING THE POSSESSION OR 25
CULTIVATION OF A PER SONAL USE AMOUNT OF CANNABIS MAY PRESENT AN 26
APPLICATION FOR RELE ASE TO THE COURT THA T SENTENCED THE PERS ON. 27
(II) 1. THE COURT SHALL GRANT THE PETITION AND 28
VACATE THE CONVICTIO N. 29
2. IF THE PERSON IS NOT SERVING A CONCURRENT OR 30
CONSECUTIVE SENTENCE FOR ANOTHER OFFENSE , THE PER SON SHALL BE 31
RELEASED FROM INCARC ERATION OR SUPERVISI ON. 32
SENATE BILL 833 35
(C) (1) A PERSON INCARCERATED OR UNDER SUPERVISION ON OCTOBER 1
1, 2022, FOR AN OFFENSE INVOL VING THE POSSESSION , CULTIVATION, PROCESSING, 2
OR SALE OF CANNABIS MAY PRESENT AN APPLI CATION FOR RESENTENC ING TO THE 3
COURT THAT SENTENCED THE PERSON REGARDLES S OF WHETHER THE PER SON HAS 4
PREVIOUSLY FILED A P ETITION FOR RESENTEN CING. 5
(2) THE COURT SHALL CONSI DER THE INDIVIDUAL C IRCUMSTANCES 6
OF EACH CASE AND SHA LL REDUCE THE APPLIC ANT’S SENTENCE IF THE CO URT 7
FINDS THAT DOING SO W OULD BE IN THE INTER ESTS OF JUSTICE, IN LIGHT OF THE 8
ELIMINATION AND REDU CTION IN PENALTIES A SSOCIATED WITH 9
CANNABIS–RELATED CONDUCT AND PAST RACIAL DISPARIT IES IN THE 10
ENFORCEMENT OF CANNA BIS LAWS. 11
(3) THE SENTENCE OF THE A PPLICANT MAY NOT BE INCREASED AT A 12
PROCEEDING DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION . 13
(D) (1) A PERSON PREVIOUSLY CO NVICTED OF AN OFFENS E INVOLVING 14
THE POSSESSION , CULTIVATION, PROCESSING, OR SALE OF CANNABIS NOT LISTED 15
IN § 10–105.3 OF THIS SUBTITLE WHO IS NOT INCARCERATED O R UNDER 16
SUPERVISION AT THE T IME OF THE PETITION MAY PRESENT AN APPLI CATION FOR 17
EXPUNGEMENT TO THE C OURT. 18
(2) THE COURT SHALL CONSI DER THE INDIVIDUAL C IRCUMSTANCES 19
OF A CASE DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION A ND SHALL 20
EXPUNGE THE APPLICANT ’S RECORD IF THE COUR T FINDS THAT DOING S O WOULD 21
BE IN THE INTERESTS OF JUSTICE, IN LIGHT OF THE ELIM INATION AND REDUCTIO N 22
IN PENALTIES ASSOCIA TED WITH CANNABIS –RELATED CONDUCT AND PAST RACIAL 23
DISPARITIES IN THE E NFORCEMENT OF CANNAB IS LAWS. 24
(E) (1) ANY INDIVIDUAL PETITI ONING FOR RELEASE OR RESENTENCING 25
IN ACCORDANCE WITH S UBSECTION (B) OR (C) OF THIS SECTION IS E LIGIBLE FOR 26
REPRESENTATION BY TH E OFFICE OF THE PUBLIC DEFENDER. 27
(2) ON AND AFTER JANUARY 1, 2024, ANY INDIVIDUAL PETIT IONING 28
FOR EXPUNGEMENT UNDE R SUBSECTION (D) OF THIS SECTION IS E LIGIBLE FOR 29
REPRESENTATION BY TH E OFFICE OF THE PUBLIC DEFENDER. 30
(F) (1) IN A PROCEEDING BROUG HT UNDER THIS SECTIO N, THE STATE’S 31
ATTORNEY SHALL RECEIV E NOTICE AND MAY BE HEARD. 32
(2) IN A FACTUAL DISPUTE WITH IN A PROCEEDING UNDE R THIS 33
SECTION, THE PROSECUTION SHAL L BEAR THE BURDEN OF PROOF BY A 34
PREPONDERANCE OF THE EVIDENCE. 35
36 SENATE BILL 833
(3) IF THE STATE’S ATTORNEY DOES NOT REQ UEST TO BE HEARD IN 1
A PROCEEDING UNDER T HIS SECTION, THE COURT SHALL MAKE ALL FACTUAL 2
DETERMINATIONS BASED ON A PREPONDERANCE O F THE EVIDENCE . 3
(G) FUNDS SHALL BE ALLOCA TED BY THE OFFICE OF SOCIAL EQUITY FROM 4
THE COMMUNITY REINVESTMENT AND REPAIR FUND TO COVER THE COS T TO THE 5
OFFICE OF THE PUBLIC DEFENDER, STATE’S ATTORNEY’S OFFICES, AND COURTS, 6
AS PART OF THE COST OF ADMINISTERING TITLE 23 OF THE HEALTH – GENERAL 7
ARTICLE. 8
(H) IF A NONCITIZEN REQUE STS IN WRITING TO TH E OFFICE OF THE CLER K 9
OF THE COURT RECORDS RELATED TO AN OFFENS E LISTED IN SUBSECTI ON (B), (C), 10
OR (D) OF THIS SECTION FOR IMMIGRAT ION PURPOSES , THOSE RECORDS SHALL BE 11
PROVIDED IF AVAILABL E, OR A STATEMENT SHALL BE PROVIDED THAT NO RECORDS 12
CAN BE FOUND , WITHIN 30 DAYS AFTER THE REQUE ST. 13
Article – Health – General 14
TITLE 23. CANNABIS. 15
SUBTITLE 1. DEFINITIONS. 16
23–101. 17
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 18
INDICATED. 19
(B) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 20
PART OF THE PLANT , INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 21
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR NOT , WITH 22
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 23
DRY WEIGHT BASIS . 24
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 25
OF THE AGRICULTURE ARTICLE. 26
(C) “CANNABIS ACCESSORIES ” MEANS ANY EQUIPMENT , PRODUCTS, OR 27
MATERIALS OF ANY KIN D THAT ARE USED , INTENDED FOR USE , OR DESIGNED FOR 28
USE IN PLANTING , PROPAGATING , CULTIVATING, GROWING, HARVESTING, 29
COMPOSTING , MANUFACTURING , COMPOUNDING , CONVERTING , PRODUCING, 30
PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING , 31
STORING, VAPORIZING, OR CONTAINING CANNAB IS, OR FOR INGESTING , INHALING, 32
OR OTHERWISE INTRODU CING CANNABIS INTO T HE HUMAN BODY . 33
SENATE BILL 833 37
(D) “CANNABIS EDUCATION AND TRAINING FUND” MEANS THE CANNABIS 1
EDUCATION AND TRAINING FUND ESTABLISHED UNDE R § 23–203 OF THIS TITLE. 2
(E) “CANNABIS ESTABLISHMEN T” MEANS A CULTIVATOR , A DELIVERY 3
SERVICE, A PROCESSOR , A RETAILER, AN INDEPENDENT TESTI NG LABORATORY , A 4
TRANSPORTER , A DUAL LICENSE HOLDE R, AN ON–SITE CONSUMPTION 5
ESTABLISHMENT , OR ANY OTHER TYPE OF CANNABIS BUSINESS LI CENSED UNDER 6
THIS TITLE AND AUTHO RIZED BY THE COMMISSION. 7
(F) “CANNABIS ESTABLISHMEN T AGENT” OR “AGENT” MEANS AN 8
EMPLOYEE OR OTHER AUTHORIZED PER SON WHO ACTS FOR OR AT THE DIRECTION 9
OF A CANNABIS ESTABL ISHMENT. 10
(G) “CANNABIS PRODUCTS ” MEANS PRODUCTS THAT ARE COMPOSED OF 11
CANNABIS, CANNABIS CONCENTRATE , OR CANNABIS EXTRACT AND OTHER 12
INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, INCLUDING EDIBLE 13
PRODUCTS, OINTMENTS, AND TINCTURES . 14
(H) “CLASS A PROCESSOR” MEANS A PROCESSOR TH AT MAY PERFORM 15
SOLVENT–BASED EXTRACTIONS ON CANNABIS IN COMPLIAN CE WITH REGULATIONS 16
ADOPTED BY THE COMMISSION. 17
(I) “CLASS B PROCESSOR” MEANS A PROC ESSOR THAT MAY NOT P ERFORM 18
SOLVENT–BASED EXTRACTIONS ON CANNABIS USING SOLVE NTS OTHER THAN 19
WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 20
ETHANOL. 21
(J) “COMMISSION” MEANS THE ALCOHOL AND TOBACCO COMMISSION OR 22
ITS SUCCESSOR AGENCY . 23
(K) “COMMUNITY REINVESTMENT AND REPAIR FUND” MEANS THE 24
COMMUNITY REINVESTMENT AND REPAIR FUND ESTABLISHED UNDE R § 23–204 OF 25
THIS TITLE. 26
(L) “CONSUMER” MEANS AN INDIVIDUAL AT LEAST 21 YEARS OLD WHO 27
PURCHASES CANNABIS O R CANNABIS PRODUCTS FOR PERSONAL USE BY 28
INDIVIDUALS AT LEAST 21 YEARS OLD. 29
(M) “CULTIVATOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E THAT: 30
(1) CULTIVATES OR PACKAGE S CANNABIS; AND 31
(2) IS AUTHORIZED BY THE COMMISSION TO PROVIDE CANNABIS TO 32
OTHER CANNABIS ESTAB LISHMENTS. 33 38 SENATE BILL 833
(N) “DELIVERY SERVICE” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 1
THAT IS AUTHORIZED B Y THE COMMISSION TO DELIVER CANNABIS TO CONSUMER S. 2
(O) “DISPROPORTIONATELY IM PACTED AREA ” MEANS A GEOGRAPHIC 3
AREA, AS IDENTIFIED BY THE OFFICE OF SOCIAL EQUITY, THAT: 4
(1) MEETS THREE OR MORE O F THE FOLLOWING CRIT ERIA: 5
(I) HAS A MEDIAN INCOME T HAT IS 80% OR LESS OF THE 6
AVERAGE MEDIAN HOUSE HOLD INCOME IN THE STATE; 7
(II) HAS AN UNEMPLOYMENT R ATE THAT IS AT LEAST 150% OF 8
THE UNEMPLOYMENT RAT E IN THE STATE; 9
(III) HAS A HEALTH UNINSURE D RATE THAT IS AT LE AST 150% 10
OF THE HEALTH UNINSU RED RATE IN THE STATE; 11
(IV) HAS A FOOD STAMP OR SUPPLEMENTAL NUTRITION 12
ASSISTANCE PLAN RATE THAT IS AT LEAST 150% OF THE FOOD STAMP OR 13
SUPPLEMENTAL NUTRITION ASSISTANCE PLAN RATE IN THE STATE; OR 14
(V) HAS A POVERTY RATE TH AT IS AT LEAST 150% OF THE 15
POVERTY RATE IN THE STATE; AND 16
(2) HAS BEEN IMPACTED BY HIGH RATES OF ARREST , CONVICTION, 17
AND INCARCERATION FO R CANNABIS POSSESSIO N. 18
(P) “DUAL LICENSE” MEANS A LICENSE ISSU ED BY THE COMMISSION TO AN 19
ENTITY THAT IS ALSO LICENSED AS A MEDICA L CANNABIS DISPENSAR Y, MEDICAL 20
CANNABIS PROCESSOR , MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, 21
OR MEDICAL CANNABIS GROWER. 22
(Q) “INDEPENDENT TESTING L ABORATORY ” MEANS A FACILITY , AN ENTITY, 23
OR A SITE THAT OFFER S OR PERFORMS TESTS RELATED TO THE INSPE CTION AND 24
TESTING OF CANNABIS AND PRODUCTS CONTAIN ING CANNABIS. 25
(R) “LOCALITY” MEANS A COUNTY , A MUNICIPAL CORPORAT ION, OR 26
ANOTHER POLITICAL SU BDIVISION OF THE STATE. 27
(S) “MEDICAL CANNABIS DI SPENSARY” MEANS A DISPENSARY L ICENSED 28
UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 29
SENATE BILL 833 39
(T) “MEDICAL CANNABIS GROW ER” MEANS A GROWER LICEN SED UNDER 1
TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 2
(U) “MEDICAL CANNABIS INDE PENDENT TESTING LABO RATORY” MEANS AN 3
INDEPENDENT TESTING LABORAT ORY LICENSED UNDER TITLE 13, SUBTITLE 33 OF 4
THIS ARTICLE. 5
(V) “MEDICAL CANNABIS PROC ESSOR” MEANS A PROCESSOR LI CENSED 6
UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 7
(W) “ON–SITE CONSUMPTION EST ABLISHMENT ” MEANS AN ENTITY 8
LICENSED UNDER THIS TITLE AND AUTHORIZED BY THE COMMISSION AND THE 9
LOCALITY IN WHICH IT IS LOCATED TO SELL C ANNABIS OR CANNABIS PRODUCTS FOR 10
ON–SITE CONSUMPTION . 11
(X) “PERSONAL USE AMOUNT ” HAS THE MEANING STAT ED IN § 5–601 OF 12
THE CRIMINAL LAW ARTICLE. 13
(Y) (1) “PROCESSOR” MEANS AN ENTITY LICE NSED UNDER THIS TITL E 14
AND AUTHORIZED BY TH E COMMISSION TO : 15
(I) TRANSFORM CANNABIS IN TO ANOTHER PRODUCT O R 16
EXTRACT; AND 17
(II) PACKAGE AND LABEL CAN NABIS. 18
(2) “PROCESSOR” INCLUDES CLASS A AND CLASS B PROCESSORS . 19
(Z) (1) “PUBLIC PLACE” MEANS ANY PLACE TO W HICH THE GENERAL 20
PUBLIC HAS ACCESS . 21
(2) “PUBLIC PLACE” DOES NOT INCLUDE : 22
(I) AN ON–SITE CONSUMPTION EST ABLISHMENT ; OR 23
(II) ANY VENUE OR AREA WH ERE INDIVIDUALS CONG REGATE TO 24
CONSUME CANNABIS IN A MANNER CO NSISTENT WITH LOCAL LAW. 25
(AA) “REMUNERATION ” MEANS A THING OF VAL UE, INCLUDING MONETARY 26
PAYMENT, A DONATION, THE PROVISION OF A S ERVICE, THE PURCHASE OF AN I TEM 27
AT ABOVE FAIR MARKET VALUE, OR THE TRADE OF A PH YSICAL ITEM OF VALUE . 28
(BB) “RETAILER” MEANS AN ENTITY LICENSED T O: 29
40 SENATE BILL 833
(1) PURCHASE CANNABIS FRO M CANNABIS ESTABLISH MENTS; AND 1
(2) SELL CANNABIS AND CAN NABIS PRODUCTS TO CO NSUMERS. 2
(CC) “SOCIAL EQUITY APPLICA NT” MEANS AN APPLICANT F OR A CANNABIS 3
ESTABLISHMENT LICENS E THAT: 4
(1) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 5
STATE RESIDENTS WHO H AVE RESIDED FOR AT L EAST 5 OF THE IMMEDIATELY 6
PRECEDING 10 YEARS IN A DISPROPOR TIONATELY IMPACTED A REA; 7
(2) HAS AT LEAST 51% OWNERSHIP AND CONTRO L BY ONE OR MORE 8
STATE RESIDENTS WHO H AVE BEEN ARRESTED FOR , CONVICTED OF , OR FOUND 9
RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 10
EXPUNGEMENT UNDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 11
MEMBERS OF IMPACTED FAMILIES; 12
(3) HAS A MINIMUM OF 10 FULL–TIME EMPLOYEES , WITH AT LEAST 13
60% OF EMPLOYEES WHO : 14
(I) AT THE TIME OF APPLIC ATION, RESIDE IN A 15
DISPROPORTIONATELY I MPACTED AREA ; OR 16
(II) HAVE BEEN ARRESTED FO R, CONVICTED OF , OR FOUND 17
RESPONSIBLE IN JUVEN ILE COURT FOR ANY OF FENSE THAT IS ELIGIB LE FOR 18
EXPUNGEMENT U NDER § 10–105.3 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 19
MEMBERS OF IMPACTED FAMILIES; OR 20
(4) MEETS ANY OTHER CRIT ERIA ESTABLISHED BY THE COMMISSION 21
BASED ON THE RESULTS OF A DISPARITY STUDY . 22
(DD) “SOCIAL EQUITY START–UP FUND” MEANS THE SOCIAL EQUITY 23
START–UP FUND ESTABLISHED UNDE R § 23–202 OF THIS TITLE. 24
(EE) “TRANSPORTER ” MEANS AN ENTITY LICE NSED UNDER THIS TITL E AND 25
AUTHORIZED BY THE COMMISSION TO TRANSPO RT CANNABIS BETWEEN CANNABIS 26
ESTABLISHMENTS . 27
SUBTITLE 2. OFFICE OF SOCIAL EQUITY. 28
23–201. 29
(A) THERE IS AN OFFICE OF SOCIAL EQUITY WITHIN THE COMMISSION. 30
SENATE BILL 833 41
(B) (1) THE GOVERNOR SHALL APPOIN T AN EXECUTIVE DIREC TOR OF 1
THE OFFICE OF SOCIAL EQUITY. 2
(2) THE EXECUTIVE DIRECTO R SHALL HAVE AT LEAS T 5 YEARS OF 3
EXPERIENCE IN CIVIL RIGHTS ADVOCACY, CIVIL RIGHTS LITIGAT ION, OR SOCIAL 4
JUSTICE. 5
(C) THE OFFICE OF SOCIAL EQUITY MAY EMPLOY STA FF AND RETAIN 6
CONTRACTORS AS MAY B E REQUIRED TO CARRY OUT THE FUNCTIONS OF THE 7
OFFICE. 8
(D) THE OFFICE OF SOCIAL EQUITY SHALL: 9
(1) PROMOTE AND ENCOURA GE FULL PARTICIPATIO N IN THE 10
REGULATED CANNABIS I NDUSTRY BY PEOPLE FR OM COMMUNITIES THAT HAVE 11
PREVIOUSLY BEEN DISP ROPORTIONATELY HARME D BY CANNABIS PROHIB ITION 12
AND ENFORCEMENT IN O RDER TO POSITIVELY I MPACT THOSE COMMUNIT IES; 13
(2) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 14
ADMINISTRATION OF TH E COMMUNITY REINVESTMENT AND REPAIR FUND; 15
(3) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 16
ADMINISTRATION OF TH E SOCIAL EQUITY START–UP FUND; 17
(4) CONSULT WITH AND ASSI ST THE COMMISSION IN THE 18
ADMINISTRATION OF THE CANNABIS EDUCATION AND TRAINING FUND; 19
(5) ADVISE THE COMMISSION REGARDING REGULATIONS , 20
INCLUDING: 21
(I) ADVISING AGAINST IMPL EMENTING REGULATIONS AND 22
FINANCIAL REQUIREMEN TS THAT UNNECESSARIL Y IMPOSE FINANCIAL B URDENS 23
THAT UNDERMINE THE P URPOSES OF THIS SECTION; AND 24
(II) PROVIDING RECOMMENDAT IONS ON REGULATIONS 25
RELATED TO: 26
1. DIVERSITY; AND 27
2. SOCIAL EQUITY APPLICA TIONS; 28
(6) WORK WITH THE COMMISSION TO IMPLEME NT FREE TECHNICAL 29
ASSISTANCE FOR SOCIA L EQUITY AND MINORIT Y BUSINESS APPLICANTS; 30
42 SENATE BILL 833
(7) PRODUCE REPORTS AND R ECOMMENDATIONS ON DI VERSITY AND 1
EQUITY IN OWNERSHIP , MANAGEMENT , AND EMPLOYMENT IN TH E LEGAL CANNABIS 2
ECONOMY; AND 3
(8) DETERMINE WHICH INDIV IDUALS AND ENTITIES SHALL BE 4
GRANTED LOANS OR GRA NTS FROM THE SOCIAL EQUITY START–UP FUND, THE 5
CANNABIS EDUCATION AND TRAINING FUND, AND THE COMMUNITY 6
REINVESTMENT AND REPAIR FUND. 7
(E) ON OR BEFORE MARCH 1 EACH YEAR, THE OFFICE OF SOCIAL EQUITY 8
SHALL PRODUCE AND MA KE PUBLICLY AVAILABL E A REPORT ON HOW TH E 9
COMMUNITY REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP 10
FUND, AND THE CANNABIS EDUCATION AND TRAINING FUND WERE ALLOCATED 11
DURING THE IMMEDIATE LY PRECEDING YEAR . 12
(F) (1) ON OR BEFORE NOVEMBER 1 EACH YEAR, THE OFFICE OF SOCIAL 13
EQUITY SHALL SOLICIT PUBLIC INPUT ON THE USES OF THE COMMUNITY 14
REINVESTMENT AND REPAIR FUND, THE SOCIAL EQUITY START–UP FUND, AND 15
THE CANNABIS EDUCATION AND TRAINING FUND. 16
(2) ON OR BEFORE DECEMBER 15 EACH YEAR, THE OFFICE OF 17
SOCIAL EQUITY SHALL PUBLISH A REVIEW OF INPUT RE CEIVED UNDER PARAGRA PH 18
(1) OF THIS SUBSECTION . 19
23–202. 20
(A) (1) THERE IS A SOCIAL EQUITY START–UP FUND. 21
(2) THE PURPOSE OF THE SOCIAL EQUITY START–UP FUND IS TO 22
PROVIDE NO –INTEREST LOANS AND G RANTS TO SUPPORT BUS INESSES IN THE 23
LEGAL CANNABIS INDUS TRY THAT ARE SOCIAL EQUITY APPLICANTS . 24
(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 25
CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 26
EQUITY AND THE MARYLAND SMALL BUSINESS DEVELOPMENT FINANCING 27
AUTHORITY. 28
(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 29
FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES SH ALL 30
RECEIVE LOANS AND GR ANTS FROM THE FUND. 31
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 32
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 33
SENATE BILL 833 43
(II) THE STATE TREASURER SHALL HOLD THE FUND 1
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
(5) THE FUND CONSISTS OF : 3
(I) ALL LICENSING FEES PA ID BY DUAL LICENSES UNDER § 4
23–403 OF THIS TITLE; 5
(II) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 6
OF THE TAX – GENERAL ARTICLE; 7
(III) INTEREST EARNINGS ; AND 8
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 9
FOR THE BENEFIT OF THE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 10
BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 11
(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PROGRAM 12
ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION , INCLUDING FOR ANY 13
ADMINISTRATIVE EXPEN SES RELATED TO THE P ROGRAM. 14
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 15
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 16
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 17
CREDITED TO THE FUND. 18
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 19
(I) THE GENERAL FUND OF THE STATE; OR 20
(II) ANY OTHER SPECIAL FUN D OF THE STATE. 21
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 22
DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 23
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 24
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 25
(B) (1) THE OFFICE OF SOCIAL EQUITY SHALL ESTABLIS H A PROGRAM 26
TO ALLOW APPLICANTS FOR LICENSES UNDER SUBTITLE 4 OF THIS TITLE THAT 27
QUALIFY AS A SOCIAL EQUITY APPLICANT TO APPLY FOR LOANS OR G RANTS FROM 28
THE SOCIAL EQUITY START–UP FUND. 29
44 SENATE BILL 833
(2) THE OFFICE OF SOCIAL EQUITY SHALL DEVELOP A PROCESS FOR 1
SELECTING APPLICANTS TO RECEIVE LOANS OR GRANTS FROM THE PROG RAM 2
ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION . 3
(3) THE OFFICE OF SOCIAL EQUITY SHALL ADOPT RE GULATIONS TO 4
IMPLEMENT THIS SUBSE CTION. 5
(C) AT THE END OF EACH FI SCAL YEAR, BEGINNING JUNE 30, 2026, IF THE 6
OFFICE OF SOCIAL EQUITY REPORTS THAT T HE SOCIAL EQUITY START–UP FUND 7
HAS A SURPLUS OF FUN DS AND THERE IS NO R EASONABLE EXPECTATIO N THAT THE 8
SURPLUS WILL BE NEED ED FOR LOANS OR GRAN TS TO SOCIAL EQUITY APPLICANTS, 9
THE OFFICE OF SOCIAL EQUITY MAY TRANSFER T HE EXCESS FUNDS IN T HE 10
FOLLOWING MANNER : 11
(1) HALF TO THE CANNABIS EDUCATION AND TRAINING FUND; AND 12
(2) HALF TO THE COMMUNITY REINVESTMENT AND REPAIR FUND. 13
23–203. 14
(A) (1) THERE IS A CANNABIS EDUCATION AND TRAINING FUND. 15
(2) THE PURPOSE OF THE CANNABIS EDUCATION AND TRAINING 16
FUND IS TO PROVIDE FR EE OR LOW–COST TRAINING AND EDUCATION FOR ALL 17
SECTORS OF THE CANNA BIS ECONOMY IN THE STATE. 18
(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND, IN 19
CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 20
EQUITY AND THE MARYLAND DEPARTMENT OF LABOR. 21
(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 22
FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES RE CEIVE 23
GRANTS FROM THE FUND. 24
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 25
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
(II) THE STATE TREASURER SHALL HOLD THE FUND 27
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
(5) THE FUND CONSISTS OF : 29
(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 30
OF THE TAX – GENERAL ARTICLE; 31 SENATE BILL 833 45
(II) INTEREST EARNINGS; AND 1
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 2
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 3
BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 4
(6) THE FUND MAY BE USED ONLY FOR CARRY ING OUT THE PURPOSE 5
OF THE FUND, INCLUDING FOR ANY RE LATED ADMINISTRATIVE EXPENSES. 6
(7) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 7
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 8
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 9
CREDITED TO THE FUND. 10
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 11
(I) THE GENERAL FUND OF THE STATE; OR 12
(II) ANY OTHER SPECIAL FUN D OF THE STATE. 13
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 14
DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 15
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 16
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 17
(B) THE FUND SHALL PROVIDE FU NDING FOR: 18
(1) HIGH SCHOOL CAREER AN D TECHNICAL EDUCATIO N PROGRAMS ; 19
(2) COMMUNITY COLLEGE PRO GRAMS; 20
(3) HISTORICALLY BLACK CO LLEGES AND UNIVERSIT IES; AND 21
(4) ADULT EDUCATION PROGR AMS. 22
(C) IN MAKING ALLOCATIONS FROM THE CANNABIS EDUCATION AND 23
TRAINING FUND, THE OFFICE OF SOCIAL EQUITY SHALL: 24
(1) DURING THE FIRST YEAR, ALLOCATE AT LEAST 5% OF THE FUNDS 25
TO CONDUCTING AND FU NDING OUTREACH TO TH E ELIGIBLE COMMUNITI ES, 26
EDUCATIONAL INSTITUT IONS, GOVERNMENT PROGRAMS , AND INDIVIDUALS TO 27
NOTIFY THEM OF THE CANNABIS EDUCATION AND TRAINING FUND GRANT 28 46 SENATE BILL 833
OPPORTUNITIES AND GI VE PRIORITY TO ORGANIZA TIONS WITH A TRADITI ON OF 1
OUTREACH TO STAKEHOL DERS IN DISPROPORTIO NATELY IMPACTED AREA S; 2
(2) PRIORITIZE WORK –BASED LEARNING PROGR AMS; 3
(3) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 4
CAREER TRAINING FOR FORMERLY INCARCERATED INDIVID UALS; 5
(4) ALLOCATE NOT LESS THA N 25% OF THE FUNDS EACH YE AR TO 6
CAREER TRAINING FOR INDIVIDUALS WHO RESI DE IN DISPROPORTIONA TELY 7
IMPACTED AREAS ; 8
(5) PROVIDE FUNDING TO TH E CAREER AND TECHNOLOGY 9
EDUCATION INNOVATION GRANT PROGRAM ES TABLISHED UNDER § 21–205 OF THE 10
EDUCATION ARTICLE TO DEVELOP A CTE CURRICULUM THAT INCL UDES 11
HANDS–ON CANNABIS CAREER T RAINING; 12
(6) PROVIDE FUNDING TO LO CAL WORKFORCE DEVELO PMENT 13
BOARDS TO ADD CANNAB IS CAREER TRAINING T O THEIR CAREER DEVEL OPMENT 14
PROGRAM S; AND 15
(7) PROVIDE FUNDING FOR T RAINING IN A BROAD R ANGE OF 16
CAREERS IN THE LEGAL CANNABIS INDUSTRY , INCLUDING POTENTIAL BUSINESS 17
OWNERS AND EMPLOYEES AND FOR WORK IN THE GROWING, PROCESSING, AND 18
RETAIL SECTORS . 19
(D) EDUCATIONAL PROGRAMS FUNDED BY THE FUND MAY USE HEMP 20
INSTEAD OF CANNABIS FOR HANDS–ON TRAINING. 21
(E) (1) THE FUND MAY BE USED TO P ROVIDE GRANTS TO ANY 22
ORGANIZATION CAPABLE OF PROVIDING TRAININ G RELEVANT TO THE LE GAL 23
CANNABIS INDUSTRY , WHICH MAY INCLUDE ED UCATIONAL INSTITUTIO NS, 24
NONPROFIT O RGANIZATIONS , PRIVATE BUSINESSES , COMMUNITY GROUPS , UNITS 25
OF LOCAL GOVERNMENT , PROGRAMS OPERATED BY STATE AGENCIES , OR 26
PARTNERSHIPS BETWEEN DIFFERENT TYPES OF O RGANIZATIONS . 27
(2) THE OFFICE OF SOCIAL EQUITY SHALL CONSIDER THE DIVERSITY 28
OF APPLICANTS ’ BOARDS OF DIRECTORS AN D OWNERSHIP WHEN ISS UING GRANTS. 29
(3) THE OFFICE OF SOCIAL EQUITY SHALL PRIORITI ZE TRAINING 30
PROGRAMS THAT PROVID E A PIPELINE TO CARE ERS, INCLUDING ASSISTING 31
STUDENTS WITH APPLIC ATIONS, RESUMES, AND INTERVIEW SCHEDU LING AND 32
TRACKING THE EMPLOYMENT OF ST UDENTS IN THE LEGAL CANNABIS INDUSTRY . 33
SENATE BILL 833 47
(F) (1) THE COMMISSION MAY CREATE A PROGRAM TO ISSUE G RANTS TO 1
ELIGIBLE INDIVIDUALS TO PURSUE A TRAINING PROGRAM RELEVANT TO A CAREER 2
IN THE LEGAL CANNABI S INDUSTRY. 3
(2) GRANT FUNDS AWARDED T O ELIGIBLE INDIVIDUALS : 4
(I) SHALL BE USED TO PAY THE COSTS OF ENROLLI NG IN A 5
TRAINING PROGRAM REL EVANT TO THE LEGAL C ANNABIS INDUSTRY , INCLUDING 6
TUITION, FEES, AND THE COST OF MATE RIALS; AND 7
(II) MAY BE USED TO REMOVE EXTERNAL BARRIERS TO 8
ATTENDING A TRAINING PROGRAM , INCLUDING THE COST O F CHILD CARE , 9
TRANSPORTATION , OR OTHER EXPENSES AP PROVED BY THE COMMISSION. 10
23–204. 11
(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 12
(2) THE PURPOSE OF THE FUND IS TO IMPROVE TH E WELL–BEING OF 13
INDIVIDUALS AND COMMUNITIE S THAT HAVE EXPERIEN CED A DISPROPORTIONA TE 14
NEGATIVE IMPACT FROM POVERTY, UNEMPLOYMENT , CANNABIS PROHIBITION AND 15
ENFORCEMENT , MASS INCARCERATION , SYSTEMIC RACISM , OR A COMBINATION OF 16
THOSE FACTORS . 17
(3) (I) THE COMMISSION SHALL ADMI NISTER THE FUND IN 18
CONSULTATION WITH AN D WITH THE ASSISTANC E OF THE OFFICE OF SOCIAL 19
EQUITY AND THE DEPARTMENT OF COMMERCE. 20
(II) THE OFFICE OF SOCIAL EQUITY HAS SOLE RESPO NSIBILITY 21
FOR APPROVING APPLIC ATIONS AND DETERMINI NG WHICH ENTITIES RE CEIVE 22
GRANTS FROM THE FUND. 23
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 24
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
(II) THE STATE TREASURER SHALL HOLD THE FUND 26
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
(5) THE FUND CONSISTS OF : 28
(I) ANY MONEY ALLOCATED T O THE FUND UNDER § 12.5–103 29
OF THE TAX – GENERAL ARTICLE; 30
(II) INTEREST EARNINGS ; AND 31 48 SENATE BILL 833
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 1
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTED 2
BY THE COMMISSION FOR THE AC CEPTANCE OF DONATION S OR GIFTS TO THE FUND. 3
(6) THE FUND MAY BE USED ONLY FOR CARRYING OUT THE PURPOSE 4
OF THE FUND, INCLUDING FOR ANY RE LATED ADMINISTRATIVE EXPENSES. 5
(7) (I) THE STATE TREASURER SHALL IN VEST THE MONEY OF TH E 6
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 7
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 8
CREDITED TO THE FUND. 9
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 10
(I) THE GENERAL FUND OF THE STATE; OR 11
(II) ANY OTHER SPECIAL FUN D OF THE STATE. 12
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 13
DIRECTED BY THE OFFICE OF SOCIAL EQUITY. 14
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 15
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 16
(B) BEFORE DETERMINING HO W FUNDS FROM THE COMMUNITY 17
REINVESTMENT AND REPAIR FUND WILL BE ALLOCATE D, THE OFFICE OF SOCIAL 18
EQUITY SHALL SOLICIT INPUT FROM THE IMPAC TED COMMUNITIES ON T HE 19
COMMUNITIES ’ NEEDS AND PRIORITIES FOR THE FUNDS, INCLUDING BY PROMOTI NG 20
AND HOLDING PUBLIC M EETINGS IN AT LEAST 20 OF THE CENSUS TRACT AREAS 21
THAT HAVE BEEN SIGNI FICANTLY IMPACTED BY POVERTY, UNEMPLOYMENT , 22
CANNABIS PROHIBITION , MASS INCARCERATION , OR SYSTEMIC RACISM . 23
(C) (1) THE OFFICE OF SOCIAL EQUITY SHALL DISTRIBU TE FUNDS FROM 24
THE COMMUNITY REINVESTMENT AND REPAIR FUND IN A MANNER THAT IMPROVES 25
THE WELL –BEING OF COMMUNITIES AND INDIVIDUALS THAT HAVE BEEN 26
SIGNIFICANTLY IMPACT ED BY POVERTY, UNEMPLOYMENT , CANNABIS PROHIBITION , 27
MASS INCARCERATION , OR SYSTEMIC RACISM . 28
(2) THE OFFICE OF SOCIAL EQUITY MAY USE THE FUND TO AWARD 29
GRANTS TO NONPROFIT ORGANIZATIONS OR ALL OCATIONS TO GOVERNME NT 30
AGENCIES FOR : 31
SENATE BILL 833 49
(I) HOUSING ASSISTANCE , INCLUDING TO PROMOTE HOME 1
OWNERSHIP AMONG MEMB ERS OF MINORITY GROU PS THAT ARE 2
UNDERREPRESENTED IN HOME OWNERSHIP DUE T O REDLINING OR 3
DISCRIMINATION ; 4
(II) RE–ENTRY SERVICES , INCLUDING JOB TRAINI NG AND 5
PLACEMENT ; 6
(III) SCHOLARSHIP ASSISTANC E FOR LOW–INCOME STUDENTS ; 7
(IV) GRANTS TO COMMUNITY –BASED ORGANIZATIONS TO 8
PROVIDE SERVICES TO PREVENT VIOLENCE , SUPPORT YOUTH DEVELO PMENT, 9
PROVIDE EARLY INTERV ENTION FOR YOUTH AND FAMILIES, AND PROMOTE 10
COMMUNITY STABILITY AND SAFETY; 11
(V) SMALL BUSINESS LOANS FOR RESIDENTS OF THE 12
COMMUNITIES DESCRIBE D IN PARAGRAPH (1) OF THIS SUBSECTION ; AND 13
(VI) LEGAL OR CIVIC AID, INCLUDING TO PROVIDE ASSISTANCE 14
IN OBTAINING AN EXPU NGEMENT. 15
SUBTITLE 3. CANNABIS REGULATION. 16
23–301. 17
(A) (1) ON OR BEFORE MARCH 1, 2023, THE COMMISSION SHALL ADOP T 18
REGULATIONS NECESSAR Y TO ISSUE AND REGUL ATE DUAL LICENSES ON AN 19
EXPEDITED BASIS . 20
(2) THE COMMISSION SHALL ATTE MPT TO HARMONIZE THE 21
REGULATIONS WITH THE REGULATIONS ISSUED B Y THE NATALIE M. LAPRADE 22
MEDICAL CANNABIS COMMISSION TO MINIMIZ E HARDSHIP TO DUAL L ICENSEES. 23
(3) THE REGULATIONS SHALL : 24
(I) INCLUDE PROCEDURES TO ALLOW MEDICAL CANNAB IS 25
DISPENSARIES, MEDICAL CANNABIS PRO CESSORS, MEDICAL CANNABIS 26
INDEPENDENT TESTING LABORATORIES , OR MEDICAL CANNABIS GROW ERS TO 27
APPLY FOR A DUAL LIC ENSE BY: 28
1. PAYING AN APPLICATION AND LICENSING FEE IN AN 29
AMOUNT ESTABLISHED B Y THE DEPARTMENT , IN ADDITION TO THE F EE PAYABLE 30
TO THE SOCIAL EQUITY START–UP FUND UNDER § 23–403 OF THIS TITLE; 31
50 SENATE BILL 833
2. A. SUBMITTING A DOCUMENT FROM THE NATALIE 1
M. LAPRADE MEDICAL CANNABIS COMMISSION STATING TH AT THE APPLICANT 2
HAS NOT BEEN SANCTIO NED FOR MULTIPLE OR SERIOUS VIOLATIONS O F THE 3
NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION’S RULES AND 4
REGULATIONS AND IS I N COMPLIANCE WITH THOSE RU LES AND REGULATIONS ; OR 5
B. IF THE NATALIE M. LAPRADE MEDICAL CANNABIS 6
COMMISSION FAILS TO R ESPOND TO A REQUEST FOR THE DOCUMENTATIO N 7
DESCRIBED IN ITEM A OF THIS ITEM WITHIN 30 DAYS AFTER RECEIVING THE 8
WRITTEN REQUEST , SUBMITTING AN AFFIDAVIT FROM THE C HIEF EXECUTIVE 9
OFFICER OR BOARD PRE SIDENT OF THE APPLIC ANT STATING THAT THE APPLICANT 10
HAS NOT BEEN SANCTIO NED FOR MULTIPLE OR SERIOUS VIOLATIONS O F THE 11
NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION’S RULES AND 12
REGULATIONS AND IS I N COMPLIANCE WITH THOSE RULES AND REGULATION S; AND 13
3. SUBMITTING A PLAN EXP LAINING HOW THE 14
APPLICANT INTENDS TO CONTINUE SERVING PAT IENTS REGISTERED WIT H THE 15
NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, WITHOUT INCREASING 16
PRICES OR REDUCING P RODUCT AVA ILABILITY; 17
(II) REQUIRE THAT , WHEN THE COMMISSION NEEDS TO 18
EMPLOY AN INDIVIDUAL TO FILL A POSITION R ELATED TO CANNABIS R EGULATION, 19
THE COMMISSION GIVE EMPLO YEES OF THE NATALIE M. LAPRADE MEDICAL 20
CANNABIS COMMISSION WHO PERFOR M SIMILAR DUTIES AS THE POSITION TO BE 21
FILLED A ONE–TIME RIGHT OF FIRST REFUSAL OFFER OF EMP LOYMENT WITH THE 22
COMMISSION; 23
(III) INCLUDE PROCEDURES FO R SUSPENDING A DUAL LICENSE 24
FOR A MEDICAL CANNAB IS BUSINESS THAT HAS FAILED TO MAINTAIN R EASONABLE 25
PRICES AND PRODUCT A VAILABILITY FOR QUALIFYING PATIE NTS DURING THE 26
PERIOD OF EXPEDITED LICENSING; AND 27
(IV) ADDRESS CANNABIS SOLD FOR ADULT USE , INCLUDING 28
WARNING LABELS . 29
(4) THE COMMISSION MAY ISSUE DUAL LICENSES UNDER THIS 30
SUBSECTION ONLY FOR THE TYPE OR TYPES OF LICENSES ISSUED AND LOCATIONS 31
WHERE THE APPLICANT IS AUTHORIZED TO OPE RATE UNDER TITLE 13, SUBTITLE 32
33 OF THIS ARTICLE. 33
(B) (1) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION, IN 34
CONSULTATION WITH TH E OFFICE OF SOCIAL EQUITY, SHALL ADOPT REGULATI ONS 35
NECESSARY FOR IMPLEMENTATION OF TH E REMAINDER OF THIS TITLE. 36
SENATE BILL 833 51
(2) THE REGULATIONS MAY N OT: 1
(I) PROHIBIT THE OPERATIO N OF CANNABIS 2
ESTABLISHMENTS , EITHER EXPRESSLY OR THROUGH THE APPLICAT ION OF THE 3
REGULATIONS ; OR 4
(II) REQUIRE A HIGH INVEST MENT OF RISK, MONEY, TIME, OR 5
ANY OTHER RESOURCE O R ASSET THAT WOULD R ESULT IN THE OPERATI ON OF A 6
CANNABIS ESTABLISHME NT BEING CONSIDERED NOT WORTHY OF BEING CARRIED 7
OUT IN PRACTICE BY A REASONABLY PRUDENT B USINESSPERSON . 8
(3) THE REGULATIONS SHALL INCLUDE: 9
(I) PROCEDURE S FOR THE ISSUANCE , RENEWAL, SUSPENSION, 10
AND REVOCATION OF A LICENSE TO OPERATE A CANNABIS ESTABLISHME NT; 11
(II) RULES, PROCEDURES , AND POLICIES TO PROM OTE AND 12
ENCOURAGE FULL PARTI CIPATION IN THE REGU LATED CANNABIS INDUS TRY BY 13
PEOPLE FROM COMMUNIT IES THAT HAVE PREVIOUSLY BEEN 14
DISPROPORTIONATELY H ARMED BY CANNABIS PR OHIBITION AND ENFORC EMENT 15
AND TO POSITIVELY IM PACT THOSE COMMUNITI ES AND THAT REFLECT INPUT FROM 16
THE OFFICE OF SOCIAL EQUITY, INCLUDING: 17
1. CONDUCTING NECESSARY AND APPROPRIATE 18
OUTREACH TO DIVERSE GROUPS TH AT MAY QUALIFY FOR P ARTICIPATION IN 19
ACTIVITIES UNDER THI S TITLE; 20
2. REQUIRING EACH CANNAB IS ESTABLISHMENT TO 21
ESTABLISH AND ADHERE TO POLICIES THAT ENC OURAGE DIVERSITY IN 22
EMPLOYMENT , CONTRACTING , AND OTHER PROFESSION AL OPPORTUNITIE S; 23
3. REQUIRING ANY CANNABI S ESTABLISHMENT WITH 25 24
OR MORE EMPLOYEES TO RETAIN A DIVERSITY O FFICER; 25
4. REQUIRING EACH CANNAB IS ESTABLISHMENT TO 26
REPORT ON THE DIVERS ITY OF ITS WORKFORCE , MANAGEMENT , CONTRACTS, AND 27
OWNERSHIP ON OR BEFO RE JANUARY 1 EACH YEAR; 28
5. ISSUING REGULATIONS A LLOWING SOCIAL EQUIT Y 29
APPLICANTS TO APPLY FOR, AND BE LICENSED FOR , CULTIVATOR AND PROCESSOR 30
LICENSES NOT LESS TH AN 180 DAYS BEFORE APPLICAN TS THAT ARE NOT SOCI AL 31
EQUITY APPLICANTS OR THAT DO NOT HOLD DUA L LICENSES; AND 32
52 SENATE BILL 833
6. PROVIDING THAT DELIVE RY AND TRANSPORTATIO N 1
LICENSES ARE AVAILAB LE EXCLUSIVELY TO SO CIAL EQUITY APPLI CANTS; 2
(III) AN APPLICATION REVIEW PROCESS FOR GRANTING 3
LICENSES; 4
(IV) A PROCESS TO ALLOW CUL TIVATORS TO MOVE TO ANOTHER 5
TIER OF LICENSE , INCLUDING PROVISIONS ALLOWING DUAL LICENS EES THAT ARE 6
INITIALLY LICENSED I N A TIER ABOVE TIER 5 TO INCREASE PR ODUCTION ON 7
DEMONSTRATING THAT A DDITIONAL CULTIVATIO N SUPPLY IS NEEDED ; 8
(V) A SCHEDULE OF REASONAB LE APPLICATION , LICENSE, AND 9
RENEWAL FEES THAT : 10
1. ESTABLISHES APPLICATI ON FEES IN AN AMOUNT NOT 11
EXCEEDING $5,000, AS ADJUSTED ANNUALLY FOR INFLATION , UNLESS THE 12
COMMISSION DETERMINES A GREATER FEE IS NEC ESSARY TO CARRY OUT ITS 13
RESPONSIBILITIES UND ER THIS TITLE OR ANO THER FEE AMOUNT IS R EQUIRED 14
UNDER THIS TITLE ; 15
2. REDUCES APPLICATION , LICENSING, AND RENEWAL 16
FEES BY 50% FOR SOCIAL EQUITY AP PLICANTS OR LICENSEES THAT QUALIFY AS A 17
SOCIAL EQUITY APPLIC ANT; 18
3. BASES APPLICATION AND LICENSING FEES FOR 19
CULTIVATION ON TIER , WITH SUBSTANTIALLY L OWER FEES FOR TIER 1 20
CULTIVATORS THAN TIER 5 CULTIVATORS ; AND 21
4. SETS APPLICATION AND LICENSING FEES FOR CLASS 22
B PROCESSORS SUBSTANTI ALLY LOWER THAN APPL ICATION AND LICENSIN G FEES 23
FOR CLASS A PROCESSORS ; 24
(VI) QUALIFICATIONS FOR A LICENSE THAT ARE DIR ECTLY AND 25
DEMONSTRABLY RELATED TO THE OPERATION OF A CANNABIS ESTABLISH MENT 26
AND THAT DO NOT DISQ UALIFY APPLICANTS FOR CANNA BIS OFFENSES OCCURRI NG 27
BEFORE OCTOBER 1, 2022; 28
(VII) SECURITY REQUIREMENTS ; 29
(VIII) REQUIREMENTS FOR THE SECURE TRANSPORTATIO N AND 30
STORAGE OF CANNABIS AND CANNABIS PRODUCT S BY CANNABIS ESTABL ISHMENTS; 31
(IX) REQUIREMENTS FOR DE LIVERY SERVICES , INCLUDING: 32
SENATE BILL 833 53
1. SECURITY REQUIREMENTS ; 1
2. A PROHIBITION ON BUSIN ESS NAMES, LOGOS, AND 2
OTHER IDENTIFYING LA NGUAGE OR IMAGES ON DELIVERY VEHICLES ; AND 3
3. A PROHIBITION ON DELIV ERING TO ANY ADDRESS 4
LOCATED ON LAND OWNE D BY THE FEDERAL GOVERNMENT OR ANY ADDRESS ON 5
LAND OR IN A BUILDIN G LEASED BY THE FEDE RAL GOVERNMENT ; 6
(X) EMPLOYMENT AND TRAINI NG REQUIREMENTS THAT DO 7
NOT DISQUALIFY APPLI CANTS BASED ON CANNA BIS OFFENSES OCCURRI NG BEFORE 8
OCTOBER 1, 2022, INCLUDING A REQUIREM ENT THAT EACH CANNABIS 9
ESTABLISHMENT CREATE AN IDENTIFICATION BA DGE FOR EACH AGENT ; 10
(XI) REQUIREMENTS DESIGNED TO PREVENT THE SALE OR 11
DIVERSION OF CANNABI S AND CANNABIS PRODU CTS TO INDIVIDUALS U NDER THE 12
AGE OF 21; 13
(XII) REQUIREMENTS FOR CANN ABIS AND CANNABIS PRODUCTS 14
SOLD OR DISTRIBUTED BY A CANNABIS ESTABL ISHMENT, INCLUDING: 15
1. A REQUIREMENT THAT LAB ELS BE ACCURATE AND 16
NOT MISLEADING ; 17
2. A REQUIREMENT THAT CAN NABIS PRODUCT LABELS 18
INCLUDE: 19
A. THE LENGTH OF TIME IT TYPICALLY TAKES FOR THE 20
PRODUCT TO TAKE EFFE CT; 21
B. A DISCLOSURE OF INGRED IENTS AND POSSIBLE 22
ALLERGENS; AND 23
C. A NUTRITIONAL FACT PAN EL; 24
3. A REQUIREMENT THAT CAN NABIS PRODUCTS HAVE 25
OPAQUE, CHILD–RESISTANT PACKAGING THAT IS DESIGNED OR CONSTRUCTED TO 26
BE SIGNIFICANTLY DIFFIC ULT FOR CHILDREN UND ER 5 YEARS OF AGE TO OPEN AND 27
NOT DIFFICULT FOR NO RMAL ADULTS TO USE P ROPERLY AS DEFINED B Y 16 C.F.R. 28
1700.20 (1995); AND 29
4. A REQUIREMENT THAT EDI BLE CANNABIS PRODUCT S 30
BE CLEARLY IDENTIFIA BLE, WHEN PRACTICABLE , WITH A STANDARD SYMB OL 31
INDICATING THAT IT C ONTAINS CANNABIS ; 32 54 SENATE BILL 833
(XIII) HEALTH AND SAFETY REG ULATIONS AND STANDAR DS FOR 1
THE MANUFACTURE OF C ANNABIS PRODUCTS AND BOTH THE INDOOR AND OUTDOOR 2
CULTIVATION OF CANNA BIS BY CANNABIS ESTA BLISHMENTS; 3
(XIV) REGULATIONS CONCERNIN G ADVERTISING AND SI GNAGE, 4
INCLUDING RULES FOR AUDIENCE COMPOSITION TO REDUCE THE LIKELI HOOD OF 5
ADVERTISING EXPOSURE FOR MINORS; 6
(XV) CREATION OF A LICENSU RE TIER SYSTEM FOR 7
CULTIVATORS THAT : 8
1. IS BASED ON TOTAL CAN OPY; 9
2. ALLOWS CULTIVATORS TO APPLY TO MOVE TO 10
ANOTHER TIER ; 11
3. BASES FEES ON TIER ; AND 12
4. INCLUDES, AT MINIMUM, THE FOLLOWING TIERS OF 13
CULTIVATION LICENSES : 14
A. TIER 1 CULTIVATOR OR MICROB USINESS THAT 15
AUTHORIZES THE CULTI VATOR TO GROW A TOTA L CANOPY OF NOT MORE THAN 5,000 16
SQUARE FEET FOR INDO OR CULTIVATION OR 15,000 SQUARE FEET FOR OUTD OOR 17
CULTIVATION; 18
B. TIER 2 CULTIVATOR THAT AUTH ORIZES THE 19
CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 10,000 SQUARE FEET 20
FOR INDOOR CULTIVATI ON OR 30,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 21
C. TIER 3 CULTIVATOR THAT AUTH ORIZES THE 22
CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 20,000 SQUARE FEET 23
FOR INDOOR CULTIVATI ON OR 60,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 24
D. TIER 4 CULTIVATOR THAT AUTHORIZES A 25
CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 35,000 SQUARE FEET 26
FOR INDOOR CULTIVATI ON OR 105,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 27
E. TIER 5 CULTIVATOR THAT AUTH ORIZES A 28
CULTIVATOR TO GROW A TOTAL CANOPY OF NOT MORE THAN 50,000 SQUARE FEET 29
FOR INDOOR CULTIVATI ON OR 150,000 SQUARE FEET FOR OUTD OOR CULTIVATION ; 30
SENATE BILL 833 55
F. ADDITIONAL TIERS NECE SSARY TO ACCOMMODATE 1
THE TOTAL GROWTH CAN OPY OF ANY DUAL LICE NSEE AS OF THE DATE OF 2
LICENSURE; AND 3
G. ADDITIONAL TIERS NECE SSARY TO ACCOMMO DATE 4
THE EXPANSION OF CUL TIVATORS IN TIER 5 OR ABOVE THAT CAN DE MONSTRATE 5
THAT THEY HAVE BEEN OPERATING AT OR NEAR THE CANOPY LIMIT OF THEIR TIER 6
AND THAT THERE IS DE MAND FOR INCREASED C ULTIVATION; 7
(XVI) RESTRICTIONS OR PROHI BITIONS ON ADDITIVES TO 8
CANNABIS AND CANNABIS –INFUSED PRODUCTS , INCLUDING ADDITIVES THAT ARE 9
TOXIC OR DESIGNED TO MAKE THE PRODUCT MOR E ADDICTIVE; 10
(XVII) PROHIBITIONS ON PRODU CTS THAT ARE DESIGNE D TO 11
MAKE THE PRODUCT MOR E APPEALING TO CHILD REN, INCLUDING A PROHIBIT ION 12
ON THE USE OF ANY IMAGES DESIGN ED OR LIKELY TO APPE AL TO MINORS , 13
INCLUDING CARTOONS , TOYS, ANIMALS, OR CHILDREN , AND ANY OTHER LIKENE SS 14
TO IMAGES, CHARACTERS , OR PHRASES THAT ARE POPULARLY USED TO AD VERTISE 15
TO CHILDREN; 16
(XVIII) TESTING REQUIREMENTS AND STANDARDS FOR THE 17
OPERATIONS OF TESTIN G LABS, THAT ARE IDENTICAL T O THOSE ISSUED UNDER 18
TITLE 13, SUBTITLE 33 OF THIS ARTICLE, EXCEPT THAT THE REQU IREMENTS AND 19
STANDARDS MAY BE LES S RIGOROUS IF THE COMMISSION FINDS LESS RIGOROUS 20
STANDARDS ARE WARRAN TED DUE TO THE DI FFERENCES BETWEEN AD ULT–USE 21
CONSUMERS AND MEDICA L PATIENTS; 22
(XIX) SPECIFICATIONS GOVERN ING VISITS TO CULTIV ATORS AND 23
PROCESSORS , INCLUDING A REQUIREM ENT THAT THE CANNABI S ESTABLISHMENT 24
LOG VISITORS; 25
(XX) A DEFINITION OF THE AM OUNT OF 26
DELTA–9–TETRAHYDROCANNABINOL THAT CONSTITUTES A SINGLE SERVING IN A 27
CANNABIS PRODUCT ; 28
(XXI) STANDARDS FOR THE SAF E MANUFACTURE OF CAN NABIS 29
EXTRACTS AND CONCENT RATES; 30
(XXII) REQUIREMENTS THAT EDU CATIONAL MATERIALS B E 31
DISSEMINATED TO CONS UMERS WHO PURCHASE CANNABIS–INFUSED PRODUCTS ; 32
(XXIII) REQUIREMENTS FOR RAND OM SAMPLE TESTING TO 33
ENSURE QUALITY CONTR OL, INCLUDING: 34
56 SENATE BILL 833
1. BY ENSURING THAT CANN ABIS AND 1
CANNABIS–INFUSED PRODUCTS ARE ACCURATELY LABELED F OR POTENCY; AND 2
2. UNLESS THE COMMISSION DETERMINES THAT 3
REMEDIATION OR TREAT MENT IS SUFFICIENT T O ENSURE PRODUCT SAF ETY, A 4
REQUIREMENT THAT TES TING INCLUDE TESTING FOR: 5
A. RESIDUAL SOLVENTS , POISONS, OR TOXINS; 6
B. HARMFUL CHEMICALS ; 7
C. DANGEROUS MOLDS OR MI LDEW; 8
D. FILTH; AND 9
E. HARMFUL MICROBIALS SU CH AS E. COLI OR 10
SALMONELLA AND PESTI CIDES; 11
(XXIV) CIVIL PENALTIES OF UP TO $20,000 FOR FAILURE TO 12
COMPLY WITH REGULATI ONS ADOPTED IN ACCOR DANCE WITH THIS TITL E; 13
(XXV) PROCEDURES FOR COLLEC TING TAXES LEVIED ON 14
CANNABIS ESTABLISHME NTS; 15
(XXVI) REQUIREMENTS FOR ON –SITE CONSUMPTION 16
ESTABLISHMENTS , INCLUDING FOR SECURI TY, VENTILATION, ODOR CONTROL , AND 17
CONSUMPTION BY PATRO NS, THAT MAY NOT PROHIBI T AN ON–SITE CONSUMPTION 18
LICENSEE ALSO HOLDIN G AN APPROPRIATE LIC ENSE TO SELL BEER AN D WINE FOR 19
ON–PREMISES CONSUMPTION FROM SELLING BEER AN D WINE IF APPROVED B Y THE 20
LOCALITY IN WHICH TH E ON–SITE CONSUMPTION EST ABLISHMENT PLANS TO 21
OPERATE; 22
(XXVII) PROCEDURES FOR INVENT ORY MANA GEMENT AND 23
TRACKING THAT MAY NO T REQUIRE THE DIFFER ENTIATION BETWEEN AD ULT–USE 24
OR MEDICAL CANNABIS OR CANNABIS PRODUCTS BEFORE THE POINT OF SALE, 25
EXCEPT FOR HIGH –POTENCY CANNABIS PRO DUCTS ALLOWED FOR PA TIENTS THAT 26
EXCEED POTENCY LIMIT S SET FOR ADULT–USE CANNABIS PRODUCTS ; AND 27
(XXVIII) PROCEDURES ALLOWING C ANNABIS 28
ESTABLISHMENTS TO OB TAIN AND SELL HEMP A ND HEMP PRODUCTS AND 29
MANUFACTURE PRODUCTS USING HEMP–DERIVED ISOLATE . 30
(C) (1) AFTER CONSULTING WITH RESEARCHERS KNOWLEDG EABLE 31
ABOUT THE RISKS AND BENEFITS OF CANNABIS AND PROVIDING AN OPPORTU NITY 32 SENATE BILL 833 57
FOR PUBLIC COMMENT , THE COMMISSION SHALL DEVE LOP A SCIENTIFICALLY 1
ACCURATE SAFETY INFO RMATION LABEL , HANDOUT, OR BOTH. 2
(2) THE SAFETY INFORMATIO N MATERIALS DEVELOPE D UNDER 3
PARAGRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE TO EACH CONSUMER . 4
(3) THE SAFETY INFORMATIO N MATERIALS DEVELOPE D UNDER 5
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 6
(I) ADVICE ABOUT THE POTE NTIAL RISKS OF CANNA BIS, 7
INCLUDING: 8
1. THE RISKS OF DRIVING UNDER THE INFLUENCE OF 9
CANNABIS AND THE FAC T THAT DOING SO IS ILLEGAL; 10
2. ANY ADVERSE EFFECTS U NIQUE TO YOUNGER 11
ADULTS, INCLUDING EFFECTS RE LATED TO THE DEVELOP ING MIND; 12
3. POTENTIAL ADVERSE EVE NTS AND OTHER RISKS ; AND 13
4. RISKS OF USING CANNAB IS DURING PREGNANCY OR 14
BREASTFEEDING ; AND 15
(II) A WARNING ABOUT THE NE ED TO SAFEGUARD ALL 16
CANNABIS AND CANNABI S PRODUCTS FROM CHIL DREN AND PETS . 17
(D) (1) THE COMMISSION SHALL REVI EW AND UPDATE THE SA FETY 18
INFORMATION MATERIAL S DEVELOPED UNDER SU BSECTION (C)(1) OF THIS 19
SECTION AT LEAST ONCE EV ERY 2 YEARS TO ENSURE THE MATERIALS REMAIN 20
ACCURATE. 21
(2) THE REVIEW PERIOD SHA LL INCLUDE THE SOLIC ITATION OF 22
INPUT FROM RESEARCHE RS KNOWLEDGEABLE ABO UT THE RISKS AND BEN EFITS OF 23
CANNABIS AND AN OPPO RTUNITY FOR PUBLIC C OMMENT. 24
(E) IN ORDER TO ENSURE TH AT INDIVIDUAL PRIVAC Y IS PROTECTED: 25
(1) THE COMMISSION MAY NOT RE QUIRE A CONSUMER TO PROVIDE A 26
RETAILER WITH PERSON AL INFORMATION OTHER THAN GOVERNMENT –ISSUED 27
IDENTIFICATION TO DE TERMINE THE CONSUMER ’S AGE; AND 28
(2) A RETAILER M AY NOT BE REQUIRED T O ACQUIRE AND RECORD 29
PERSONAL INFORMATION ABOUT CONSUMERS . 30
58 SENATE BILL 833
(F) (1) THE COMMISSION SHALL DEVE LOP POLICIES AND PRO CEDURES 1
GOVERNING THE COMMISSION’S APPROVAL OF TRANSF ER OF LICENSES. 2
(2) THE POLICIES AND PROC EDURES MAY NOT PROHI BIT THE 3
TRANSFER OF A LICENS E FROM A SOCIAL EQUI TY APPLICANT TO A NO NSOCIAL 4
EQUITY APPLICANT . 5
(3) THE POLICIES AND PROC EDURES MAY REQUIRE T HAT, BEFORE 6
THE TRANSFER IS APPR OVED: 7
(I) ADDITIONAL CONDITIONS BE MET; 8
(II) A REASONABLE PERIOD OF TIME ELAPSE BEFORE THE 9
TRANSFER; OR 10
(III) A REASONABLE REIMBURSE MENT TO THE SOCIAL EQUITY 11
START–UP FUND BE MADE. 12
SUBTITLE 4. CANNABIS LICENSING. 13
23–401. 14
(A) EACH APPLICATION OR R ENEWAL APPLICATION F OR A LICENSE TO 15
OPERATE A CANNABIS E STABLISHMENT SHALL BE SUBMITTED TO THE COMMISSION. 16
(B) CANNABIS ESTABLISHMEN TS, AND THE BOOKS AND RE CORDS 17
MAINTAINED AND CREAT ED BY CANNABIS ESTAB LISHMENTS, ARE SUBJECT TO 18
INSPECTION BY THE COMMISSION. 19
(C) ON DENIAL OF AN APPLI CATION, THE COMMISSION SHALL NOTI FY THE 20
APPLICANT IN WRITING OF THE SPECIFIC REASON FOR ITS DENIAL. 21
(D) THE COMMISSION MAY IMPOSE PENALTIES OR RESCIND THE LICENSE 22
OF A CANNABIS ESTABL ISHMENT THAT DOES NO T MEET THE STANDARDS FOR 23
LICENSURE SET BY THE COMMISSION. 24
(E) EXCEPT AS PROVIDED IN § 23–403(E) OF THIS SUBTITLE , A CANNABIS 25
ESTABLISHMENT LICENS E IS VALID FOR: 26
(1) 1 YEAR ON INITIAL LICE NSURE; AND 27
(2) 2 YEARS ON RENEWAL . 28
23–402. 29
SENATE BILL 833 59
(A) A PERSON MAY NOT HOLD A LEGAL, EQUITABLE, OR BENEFICIAL 1
INTEREST OF 5% OR MORE, DIRECTLY OR INDIRECTLY, IN MORE THAN: 2
(1) ONE CULTIVATOR ; OR 3
(2) FIVE RETAILERS. 4
(B) A CULTIVATOR MAY NOT P RODUCE CANNABIS CONC ENTRATES, 5
TINCTURES, EXTRACTS, OR OTHER CANNABIS PR ODUCTS UNLESS THE CU LTIVATOR 6
IS ALSO LICENSED AS A PROCESSOR. 7
(C) A CULTIVATOR M AY NOT CULTIVATE MED ICAL CANNABIS UNLESS THE 8
CULTIVATOR IS A DUAL LICENSEE. 9
(D) A PROCESSOR MAY NOT PR OCESS OR PRODUCE MED ICAL CANNABIS OR 10
MEDICAL CANNABIS PRO DUCTS UNLESS THE PRO CESSOR IS A DUAL LIC ENSEE. 11
(E) A RETAILER MAY NOT SEL L MEDICAL CANNABIS OR MEDICAL CANNABIS 12
PRODUCTS TO PATIENTS UNLESS THE RETAILER IS A DUAL LICENSEE . 13
23–403. 14
(A) THE COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING 15
APPLICATIONS FOR DUA L LICENSES FROM MEDI CAL CANNABIS DISPENS ARIES, 16
MEDICAL CANNABIS PRO CESSORS, MEDICAL CANN ABIS INDEPENDENT TES TING 17
LABORATORIES , AND MEDICAL CANNABIS GROWERS NOT LATER TH AN APRIL 1, 18
2023. 19
(B) WITHIN 45 DAYS AFTER RECEIVING AN APPLICATION AND A LL FEES FOR 20
A DUAL LICENSE FROM A MEDICAL CANNABIS D ISPENSARY, MEDICAL CANNABIS 21
PROCESSOR, MEDICAL C ANNABIS INDEPENDENT TESTING LABORATORY , OR 22
MEDICAL CANNABIS GRO WER, THE COMMISSION SHALL ISSU E A DUAL LICENSE TO 23
THE APPLICANT , UNLESS THE COMMISSION: 24
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 25
REGULATIONS ADOPTED UNDER § 23–301(A) OF THIS TITLE; OR 26
(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 27
IS NOT IN COMPLIANCE WITH LOCAL LAW . 28
(C) (1) BEFORE BEING ISSUED A DUAL LICENSE UNDER T HIS SECTION, 29
EACH APPLICANT SHALL PAY A LICENSING FEE OF: 30
(I) FOR A MEDICAL CANNABI S GROWER: 31 60 SENATE BILL 833
1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 1
SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $500,000; OR 2
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 3
ITEM IS LESS THAN $100,000, $100,000; 4
(II) FOR A MEDICAL CANNABI S DISPENSARY: 5
1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 6
SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $100,000; OR 7
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 8
ITEM IS LESS THAN $50,000, $50,000; OR 9
(III) FOR A MEDICAL CANNABI S PROCESSOR: 10
1. THE LOWER OF 2.5% OF THE BUSINESS ’S TOTAL 11
SALES BETWEEN JANUARY 1, 2021, AND JANUARY 1, 2022, OR $250,000; OR 12
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 13
ITEM IS LESS THAN $25,000, $25,000. 14
(2) ALL FEES PAID IN ACCO RDANCE WITH THIS SUB SECTION SHALL 15
BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 16
(3) THE COMMISSION SHALL REDU CE DUAL LICENSE FEES FOR ANY 17
ENTITY THAT QUALIFIE S AS A SOCIAL EQUITY APPLICANT. 18
(4) THE COMMISSION MAY REDUCE DUAL LICENSE FEES BY AT LEAST 19
50% FOR ANY APPLICANT T HAT IS A CERTIFIED M INORITY–OWNED BUSINESS . 20
(5) A MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY IS 21
NOT REQUIRED TO PAY A LICENSING FEE. 22
(D) (1) FOR AN INITIAL RENEWA L, EACH APPLICANT SHALL PAY A 23
LICENSING FEE OF : 24
(I) FOR A MEDICAL CANNABI S GROWER: 25
1. THE LOWER OF 5.0% OF THE BUSINESS ’S TOTAL 26
SALES FOR THE 6 MONTHS IMMEDIATELY P RECEDING THE PAYMENT , OR $250,000; 27
OR 28
SENATE BILL 833 61
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 1
ITEM IS LESS THAN $100,000, $100,000; 2
(II) FOR A MEDICAL CANNABI S DISPENSARY: 3
1. THE LOWER OF 2.0% OF THE BUSINESS ’S TOTAL 4
SALES FOR THE 6 MONTHS IMMEDIATELY P RECEDING THE PAYMENT , OR $150,000; 5
OR 6
2. IF THE AMOUNT TO BE P AID UNDER ITEM 1 OF THIS 7
ITEM IS LESS THAN $50,000, $50,000; OR 8
(III) FOR A MEDICAL CA NNABIS PROCESSOR , THE LOWER OF 9
2.5% OF THE BUSINESS ’S TOTAL SALES FOR TH E 6 MONTHS IMMEDIATELY 10
PRECEDING THE PAYMEN T, OR $250,000. 11
(2) A MEDICAL CANNABIS GRO WER, DISPENSARY, OR PROCESSOR 12
MAY ELECT TO DIRECT , WITH COMMISSION APPROVAL , UP TO 50% OF THE FEE PAID 13
UNDER THIS SUBSECTIO N TOWARD THE COSTS A SSOCIATED WITH HOSTI NG A 14
CANNABIS BUSINESS IN CUBATOR PROGRAM . 15
(3) THE COMMISSION SHALL REDU CE DUAL LICENSE RENE WAL FEES 16
UNDER THIS SUBSECTIO N FOR ANY APPLICANT WITH 51% OR MORE OWNERSHIP 17
THAT QUALIFIES AS A SOCIAL EQUITY APPL ICANT BY AT LEAST 50%. 18
(4) ALL FEES PAID IN ACCO RDANCE WITH THIS SUB SECTION SHALL 19
BE CREDITED TO THE SOCIAL EQUITY START–UP FUND. 20
(5) THE COMMISSION SHALL DETE RMINE SUBSEQUENT REN EWAL 21
FEES, WHICH SHALL BE CREDI TED TO THE CANNABIS REGULATION FUND. 22
(E) A DUAL LICENSE ISSUED UNDER THIS SECTION I S VALID FOR: 23
(1) 240 DAYS ON INITIAL LICE NSURE; AND 24
(2) 2 YEARS ON RENEWAL . 25
(F) EACH MEDICAL CANNABIS DISPENSARY, MEDICAL CANNABIS 26
PROCESSOR, MEDICAL CANNABIS IND EPENDENT TESTING LAB ORATORY, AND 27
MEDICAL CANNABIS GRO WER SHALL BE ELIGIBL E FOR A SINGLE DUAL LICENSE, AT 28
THE SAME PREMISES AS THE MEDICAL CANNABIS ESTABLISHMENT LICENS E. 29
(G) (1) (I) A MEDICAL CANNABIS PRO CESSOR IS ELIGIBLE O NLY FOR A 30
DUAL LICENSE AS A PR OCESSOR. 31 62 SENATE BILL 833
(II) A MEDICAL CANNABIS DIS PENSARY IS ELIGIBLE ONLY FOR 1
A DUAL LICENSE AS A RETAILER. 2
(III) A MEDICAL CANNABIS GRO WER IS ELIGIBLE ONLY FOR A 3
DUAL LICENSE AS A CU LTIVATOR. 4
(IV) A MEDICAL CANNABIS IND EPENDENT TESTING 5
LABORATORY IS ELIGIB LE ONLY FOR A DUAL L ICENSE AS AN INDEPEN DENT TESTING 6
LABORATORY . 7
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRA PH (II) OF THIS 8
PARAGRAPH , THIS SUBSECTION DOES NOT PREVENT AN ENTIT Y LICENSED AS TWO 9
OR MORE TYPES OF MED ICAL CANNABIS ESTABL ISHMENTS FROM APPLYI NG FOR 10
AND BEING ISSUED AN EQUAL NUMBER AND TYP E OF DUAL LICENSES . 11
(II) A MEDICAL CANNABIS IND EPENDENT TES TING 12
LABORATORY MAY NOT H OLD ANY OTHER TYPE O F CANNABIS ESTABLISH MENT 13
LICENSE. 14
23–404. 15
(A) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL : 16
(1) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 17
LICENSES TO OPERATE AS A CULTIVATOR , DELIVERY SERVICE , PROCESSOR, OR 18
TRANSPORTER FROM SOC IAL EQUITY APPLICANT S; AND 19
(2) BEGIN ACCEPTING AND P ROCESSING APPLICATIO NS FOR 20
LICENSES TO OPERATE AN INDEPENDENT TESTI NG LABORATORY FROM A LL 21
APPLICANTS. 22
(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 23
CANNABIS ESTABLISHME NT, THE COMMISSION SHALL IMME DIATELY FORWARD A 24
COPY OF EACH APPLICA TION AND HALF OF THE LICENSE APPLICATION FEE TO THE 25
LOCAL REGULATORY AUT HORITY FOR THE LOCAL ITY IN WHICH THE APP LICANT 26
DESIRES TO OPERATE T HE CANNABIS ESTABLIS HMENT, UNLESS THE LOCALITY HAS 27
NOT DESIGNATED A LOC AL REGULATORY AUTHOR ITY. 28
(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 29
APPLICATION TO OPERA TE A DELIVERY SERVIC E, CLASS A PROCESSOR, CLASS B 30
PROCESSOR, OR TRANSPORTER FROM A SOCIAL EQUITY APPL ICANT, THE 31
COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL LICENSE TO THE 32
APPLICANT, UNLESS THE COMMISSION: 33 SENATE BILL 833 63
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 1
REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 2
(2) IS NOTIFIED BY THE RE LEVANT LOCALITY T HAT THE APPLICANT 3
IS NOT IN COMPLIANCE WITH LOCAL ZONING OR PLANNING REGULATIONS . 4
(D) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 5
APPLICATION TO OPERA TE AN INDEPENDENT TE STING LABORATORY , THE 6
COMMISSION SHALL ISSU E A LICENSE OR A CON DITIONAL LICENSE TO THE 7
APPLICANT, UNLESS THE COMMISSION: 8
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 9
REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 10
(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 11
IS NOT IN COMPLIANCE WITH LOCAL ZONI NG OR PLANNING REGUL ATIONS. 12
(E) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
PARAGRAPH , ON OR BEFORE FEBRUARY 1, 2024, THE COMMISSION SHALL ISSU E TO 14
SOCIAL EQUITY APPLIC ANTS: 15
1. 14 TIER 5 CULTIVATOR LICENSES ; 16
2. 18 TIER 3 CULTIVATOR LICENSES; AND 17
3. 18 TIER 1 CULTIVATOR LICENSES . 18
(II) IF THERE ARE FEWER TH AN 10 QUALIFIED APPLICANTS FOR 19
TIER 5 CULTIVATOR LICENSES , THEN ADDITIONAL TIER 3 LICENSES SHALL BE 20
ISSUED TO ENSURE THA T A TOTAL OF 25 LICENSES ARE ISSUED TO TIER 5 AND TIER 21
3 CULTIVATORS COLLECTI VELY. 22
(2) (I) THE COMMISSION SHALL IMPL EMENT A SCORED PROCE SS 23
TO DETERMINE QUALIFY ING APPLICANTS FOR C ULTIVATION LICENSES THAT MAY 24
CONSIDER: 25
1. SECURITY AND RECORD –KEEPING PLANS ; 26
2. BUSINESS PLANS; 27
3. KNOWLEDGE AND EXPERIE NCE; 28
4. SUITABILITY OF EMPLOY EE TRAINING; 29
64 SENATE BILL 833
5. DIVERSITY PLANS; 1
6. LABOR AND EMPLOYMENT PRACTICES; 2
7. ENVIRONMENTAL PLANS ; 3
8. VETERAN STATUS ; AND 4
9. MARYLAND RESIDENCY . 5
(II) AN APPLICANT THAT SCO RES ABOVE A NUMBER O F POINTS 6
ESTABLISHED BY THE COMMISSION SHALL BE E NTERED INTO A LOTTER Y TO 7
DETERMINE WHICH APPL ICANTS ARE ISSUED LI CENSES. 8
(F) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 9
APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE CANNABIS 10
ESTABLISHMENT WOULD BE LOCATED. 11
(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 12
THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 13
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 14
COMMISSION MAY REQUIR E A CULTIVATOR TO SE CURE A SITE WITHIN A 15
REASONABLE AMOUNT OF TIME. 16
(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 17
CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 18
BEYOND THE APPLIC ANT’S CONTROL. 19
(4) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 20
COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 21
WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 22
SHALL FORWARD THE IN FORMATION TO THE LOC AL REGULATORY AUTHORITY AND 23
APPROVE OR REJECT TH E FINAL APPLICATION WITHIN 45 DAYS. 24
(G) THE COMMISSION SHALL ACCE PT AND PROCESS APPLI CATIONS FOR 25
TRANSPORTERS , DELIVERY SERVICES , AND PROCESSORS OPERA TED BY SOCIAL 26
EQUITY APPLICANTS ON AN ONGOING BASIS . 27
(H) THE COMMISSION SHALL ACCE PT AND PROCESS APPLI CATIONS FOR 28
INDEPENDENT TESTING LABORATORIES ON AN O NGOING BASIS. 29
23–405. 30
SENATE BILL 833 65
(A) (1) ON OR BEFORE OCTOBER 1, 2023, THE COMMISSION SHALL 1
BEGIN ACCEPTING AND PROCESSING APPLICATI ONS FOR LICENSES TO OPERATE A 2
RETAILER FROM ANY QUALIFIED A PPLICANT. 3
(2) (I) ON OR BEFORE APRIL 1, 2024, THE COMMISSION SHALL 4
INITIALLY ISSUE 47 RETAILER LICENSES IN A MANNER THAT EQUITA BLY 5
DISTRIBUTES THE LICE NSES THROUGHOUT THE STATE AT THE RATE OF ONE 6
LICENSE PER SENATORI AL DISTRICT. 7
(II) IN DETERMINING WHETHE R THE AMOUNT OF RETA ILER 8
LICENSES REQUIRED TO BE ISSUED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH 9
HAS BEEN MET, THE COMMISSION MAY NOT IN CLUDE DUAL LICENSES . 10
(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 11
RETAILER, THE COMMISSION SHALL PROM PTLY FORWARD A COPY OF EACH 12
APPLICATION AND HALF OF THE LICENSE APPLI CATION FEE TO THE LO CAL 13
REGULATORY AUTHORITY FOR THE LOCALITY IN WHICH THE APPLICANT DESIRES 14
TO OPERATE THE CANNA BIS ESTABLISHMENT , UNLESS THE LOCALITY HAS NOT 15
DESIGNATED A LOCAL R EGULATORY AUTHORITY . 16
(C) THE COMMISSION SHALL AWAR D UP TO 255 POINTS TO COMPLETE 17
APPLICATIONS BASED O N THE FOLLOWING FACT ORS: 18
(1) 65 POINTS AWARDED FOR S ECURITY AND RECORD K EEPING 19
BASED ON THE EXTENT TO WHICH THE SECURIT Y PLAN ACCO UNTS FOR THE 20
PREVENTION OF THEFT OR DIVERSION OF CANN ABIS, INCLUDING SAFE STORA GE OF 21
CANNABIS AND CURRENC Y, TRACKING PROCEDURES , AND A PLAN FOR THE 22
DESTRUCTION AND DISP OSAL OF CANNABIS ; 23
(2) 30 POINTS AWARDED FOR K NOWLEDGE AND EXPERIE NCE BASED 24
ON THE APPLICANT’S PRINCIPAL OFFICERS ’ DEMONSTRATED EXPERIE NCE AND 25
QUALIFICATIONS IN BU SINESS MANAGEMENT OR EXPERIENCE WITH THE CANNABIS 26
INDUSTRY, WHICH MAY BE DEMONST RATED THROUGH EXPERI ENCE IN OTHER 27
INDUSTRIES OR TRAINI NG THAT REFLECTS ON AN APPLICANT ’S ABILITY TO 28
OPERATE A CANNABIS B USINESS ESTABLISHMEN T; 29
(3) 65 POINTS AWARDED FOR B USINESS PLAN , FINANCIALS, 30
OPERATING, AND FLOOR PLANS ; 31
(4) 50 POINTS AWARDED FOR S TATUS AS A SOCIAL EQ UITY APPLICANT 32
BASED ON WHETHER THE APPLICANT MEETS THE QUALIFICATIONS FOR A SOCIAL 33
EQUITY APPLICANT AS SET FORTH IN THIS TI TLE; 34
66 SENATE BILL 833
(5) 15 POINTS AWARDED FOR T HE SUITABILITY OF TH E EMPLOYEE 1
TRAINING PLAN BASED ON THE EXTENT TO WHI CH THE APPLICANT ’S TRAINING PLAN 2
WILL ENSURE EMPLOYEE S UNDERSTAND THE RUL ES AND LAWS , ARE 3
KNOWLEDGEAB LE ABOUT SECURITY ME ASURES AND OPERATING PROCEDURES , AND 4
ARE ABLE TO ADVISE C ONSUMERS ON HOW TO S AFELY CONSUME PRODUC TS AND 5
USE INDIVIDUAL PRODU CTS THAT ARE OFFERED ; 6
(6) 10 POINTS AWARDED FOR A DIVERSITY PLAN BASED ON A 7
NARRATIVE OF NOT MOR E THAN 2,500 WORDS THAT ESTABLISH ES A GOAL OF 8
DIVERSITY IN OWNERSH IP, MANAGEMENT , EMPLOYMENT , AND CONTRACTING TO 9
ENSURE THAT DIVERSE PARTICIPANTS AND GRO UPS ARE AFFORDED EQU ALITY OF 10
OPPORTUNITY ; 11
(7) 5 POINTS AWARDED FOR L ABOR AND EMPLOYMENT PRACTICES 12
BASED ON PLANS TO PROVIDE A SAFE , HEALTHY, AND ECONOMICALLY BEN EFICIAL 13
WORKING ENVIRONMENT FOR THE CANNABIS EST ABLISHMENT ’S AGENTS, 14
INCLUDING CODES OF C ONDUCT, HEALTH CARE BENEFITS , EDUCATIONAL 15
BENEFITS, RETIREMENT BENEFITS , AND LIVING WAGE STAN DARDS; 16
(8) 5 POINTS AWA RDED BASED ON AN ENV IRONMENTAL PLAN OF 17
ACTION TO MINIMIZE T HE CARBON FOOTPRINT , ENVIRONMENTAL IMPACT , AND 18
RESOURCE NEEDS FOR T HE DISPENSARY ; 19
(9) 5 POINTS AWARDED BASED ON WHETHER THE APPLI CANT IS 26% 20
OR MORE CONTROLLED A ND OWNED BY AN INDIV IDUAL OR INDIVIDUALS WHO MEET 21
THE QUALIFICATIONS O F A VETERAN AS DEFIN ED BY § 9–901 OF THE STATE 22
GOVERNMENT ARTICLE; AND 23
(10) 5 POINTS AWARDED BASED ON WHETHER THE APPLI CANT IS 51% 24
OR MORE OWNED AND CO NTROLLED BY STATE RESIDENTS , WHO CAN PROVE 25
RESIDENCY IN EACH OF THE IMMEDIATELY PRECE DING 5 YEARS WITH TAX 26
RECORDS. 27
(D) THE COMMISSION MAY AWARD UP TO 2 BONUS POINTS FOR A P LAN TO 28
ENGAGE WITH THE COMM UNITY IN WHICH THE A PPLICANT WILL BE LOC ATED. 29
(E) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , AN 30
APPLICANT MAY APPLY FOR CONDITIONAL APPR OVAL IF THE APPLICAN T HAS NOT 31
PURCHASED OR LEASED THE PROPERTY WHERE T HE CANNABIS ESTABLIS HMENT 32
WOULD BE LOCATED . 33
(II) THE COMMISSION MAY REQUIR E AN APPLICANT T O SPECIFY 34
THE LOCALITY IN WHIC H THE CANNABIS ESTAB LISHMENT IS INTENDED TO 35
OPERATE. 36 SENATE BILL 833 67
(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 1
THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 2
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 3
COMMISSION MAY REQUIR E AN APPLICANT TO SE CURE A SITE WITHIN A 4
REASONABLE AMOUNT OF TIME. 5
(II) THE COMMISSION SHALL ALLO W AN APPLICANT TO SH OW 6
CAUSE TO ALLOW ONE O R MORE EXTENSIONS TO THE DEADLINE FOR EVE NTS 7
BEYOND THE APPLICANT ’S CONTROL. 8
(4) ONCE THE APPLICANT PRO VIDES THE COMMISSION WITH A 9
COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 10
WHERE THE CANNABIS E STABLISHMENT IS TO B E LOCATED, THE COMMISSION 11
SHALL FORWARD THE IN FORMATION TO THE LOC AL REGULATORY AUTHOR ITY AND 12
APPROVE O R REJECT THE FINAL A PPLICATION WITHIN 45 DAYS. 13
(F) THE COMMISSION MAY PROVID E THAT ANY APPLICANT THAT SCORES 14
ABOVE A SPECIFIED NU MBER OF POINTS MUST BE ENTERED INTO A LO TTERY THAT 15
IS CONDUCTED IN A MA NNER THAT ENSURES EQ UITABLE DISTRIBUTION OF 16
RETAILERS THROUGHOUT THE STATE. 17
23–406. 18
(A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2025, THE 19
COMMISSION, IN CONJUNCTION WITH THE OFFICE OF SOCIAL EQUITY, SHALL 20
EVALUATE THE CANNABI S MARKET IN THE STATE AND SOLICIT INP UT FROM THE 21
PUBLIC AND STAKEHOLD ERS REGARDING: 22
(1) THE EXTENT TO WHICH T HE PROGRAM IS RESULT ING IN SOCIAL 23
EQUITY APPLICANTS TH AT ARE ABLE TO RUN S UCCESSFUL CANNABIS B USINESSES 24
AND TO COMPETE WITH DUAL LICENSES AND OT HER CANNABIS BUSINES SES; 25
(2) DIVERSITY IN OWNERSHI P, MANAGEMENT , AND STAFFING OF THE 26
CANNABIS INDUSTRY IN THE STATE, INCLUDING A REVIEW O F THE DISPARITY 27
STUDY; 28
(3) WHETHER THE TAX RATE AND REVENUE ARE MEET ING GOALS OF 29
DISPLACING THE ILLIC IT MARKET AND GENERA TING REVENUE FOR REI NVESTMENT 30
IN COMMUNITIES , CANNABIS TRAINING , AND OTHER NEEDS , INCLUDING A REVIEW 31
OF HOW TAX RATES COM PARE TO OTHER STATES ; AND 32
68 SENATE BILL 833
(4) ANY ANTICIPATED OR AC TUAL CHANGES TO FEDE RAL LAW OR 1
OTHER FACTORS THAT M AY WARRANT REVISIONS TO THIS TITLE. 2
(B) ON OR BEFORE JANUARY 1, 2027, AND BEFORE ANY ADDIT IONAL 3
CULTIVATION LICENSES ARE ISSUED UNDER § 23–407 OF THIS SUBTITLE , THE 4
COMMISSION SHALL COMM ISSION A STUDY OF TH E CANNABIS MARKET IN THE 5
STATE, WHICH SHALL ADDRESS : 6
(1) THE EXTENT TO WHICH C ONSUMERS HAVE SAFE , CONVENIENT 7
ACCESS TO LEGAL CANN ABIS AT PRICES THAT ARE LOWER T HAN IN THE ILLICIT 8
MARKET; 9
(2) WHETHER CANNABIS CULT IVATORS, PROCESSORS , AND 10
RETAILERS ARE MEETIN G DEMAND WITHOUT CRE ATING A SURPLUS ; AND 11
(3) WHETHER ADDITIONAL SU PPLY IS NEEDED. 12
(C) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2025, THE 13
COMMISSION SHALL REPO RT ITS RECOMMENDATIO NS, BASED ON THE FINDING S OF 14
THE SOLICITATIONS CO NDUCTED UNDER SUBSEC TION (A) OF THIS SECTION, TO THE 15
GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 16
ARTICLE, FOR ANY CHANGES TO C ANNABIS REGULATION AND T AXATION, 17
INCLUDING: 18
(1) ANY CHANGES TO THE TA X RATE AND METHOD ; AND 19
(2) WHETHER AND UNDER WHA T CONDITIONS TO ALLO W THE IMPORT 20
AND EXPORT OF CANNAB IS TO OTHER STATES . 21
23–407. 22
(A) THE COMMISSION MAY ACCEPT ADDITIONAL APPLICATI ONS FOR 23
CULTIVATORS AND RETA ILERS BEGINNING FEBRUARY 1, 2027. 24
(B) ADDITIONAL CULTIVATIO N LICENSES MAY BE IS SUED ONLY IF THE 25
STUDY DONE IN ACCORD ANCE WITH § 23–406(B) OF THIS SUBTITLE DET ERMINES 26
THAT ADDITIONAL SUPP LY IS NEEDED. 27
(C) THE NUMBER OF LICENSE S ISSUED AND THE LICEN SED CULTIVATION 28
SPACE SHALL BE DESIG NED TO MEET PROJECTE D DEMAND, INCLUDING FACTORING 29
IN THE PERCENT OF LI CENSED SPACE THAT MA Y NOT BE USED. 30
(D) IN DETERMINING THE NU MBER OF ADDITIONAL R ETAIL OR 31
CULTIVATION LICENSES TO ISSUE, THE COMMISSION SHALL CONSIDE R: 32 SENATE BILL 833 69
(1) THE EXTENT TO WHICH C ONSUMERS WILL HAVE S AFE, 1
CONVENIENT ACCESS TO LEGAL CANNABIS AT PR ICES THAT ARE LOWER THAN THE 2
ILLICIT MARKET; 3
(2) EXPECTED CULTIVATION EXPANSION BY EXISTIN G CULTIVATORS ; 4
AND 5
(3) THE ANTICIPATED OR A CTUAL OPENING OF AN INTERSTATE OR 6
INTERNATIONAL MARKET FOR CANNABIS PRODUCT S. 7
(E) THE COMMISSION MAY LIMIT SOME OR ALL OF THE L ICENSES ISSUED 8
UNDER THIS SECTION T O SOCIAL EQUITY APPL ICANTS OR MINORITY B USINESS 9
APPLICANTS IF DOING SO IS NEEDED TO ENSU RE DIVERSITY AND INCLUS ION IN THE 10
INDUSTRY, AS WARRANTED BY THE DISPARITY STUDY . 11
(F) LICENSES UNDER THIS S ECTION SHALL BE ISSU ED BY SCORING ALL 12
APPLICATIONS AND ENT ERING ALL APPLICANTS THAT ARE DETERMINED TO HAVE A 13
SUFFICIENT SCORE INT O A LOTTERY. 14
23–408. 15
(A) NOT EARLIER THAN 6 MONTHS AFTER BEGINNI NG TO ISSUE LICENSES 16
TO SOCIAL EQUITY APP LICANTS UNDER § 23–404 OF THIS SUBTITLE , THE 17
COMMISSION SHALL BEGI N ACCEPTING AND PROC ESSING APPLICATIONS FOR 18
LICENSES TO OPERATE AS A CLASS A OR CLASS B PROCESSOR FROM A NY QUALIFIED 19
APPLICANT. 20
(B) ON RECEIVING AN APPLI CATION OR RENEWAL AP PLICATION FOR A 21
CLASS A OR CLASS B PROCESSOR, THE COMMISSION SHALL IMME DIATELY 22
FORWARD A COPY OF EA CH APPLICATION AND H ALF OF THE LICENSE A PPLICATION 23
FEE TO THE LOCAL REG ULATORY AUTHORI TY FOR THE LOCALITY IN WHICH THE 24
APPLICANT DESIRES TO OPERATE THE CANNABIS ESTABLISHMENT , UNLESS THE 25
LOCALITY HAS NOT DES IGNATED A LOCAL REGU LATORY AUTHORITY . 26
(C) WITHIN 90 DAYS AFTER RECEIVING AN APPLICATION OR RE NEWAL 27
APPLICATION, THE COMMISSION SHALL ISSUE A LICENSE OR A CONDITIONAL 28
LICENSE TO THE APPLI CANT, UNLESS THE COMMISSION: 29
(1) FINDS THE APPLICANT I S NOT IN COMPLIANCE WITH 30
REGULATIONS ADOPTED UNDER § 23–301 OF THIS TITLE; OR 31
(2) IS NOTIFIED BY THE RE LEVANT LOCALITY THAT THE APPLICANT 32
IS NOT IN COMPLIANCE WI TH LOCAL ZONING OR P LANNING LAWS . 33 70 SENATE BILL 833
(D) (1) AN APPLICANT MAY APPL Y FOR CONDITIONAL AP PROVAL IF THE 1
APPLICANT HAS NOT PU RCHASED OR LEASED TH E PROPERTY WHERE THE 2
PROCESSOR WOULD BE L OCATED. 3
(2) IF THE APPLICANT IS O THERWISE QUALIFIED F OR LICENSURE , 4
THE COMMISSION SHALL PROV IDE CONDITIONAL APPR OVAL. 5
(3) ONCE THE APPLICANT PR OVIDES THE COMMISSION WITH A 6
COMPLETED , SUPPLEMENTAL APPLICA TION THAT IDENTIFIES THE PROPERTY 7
WHERE THE PROCESSOR IS TO BE LOCATED, THE COMMISSION SHALL FORW ARD THE 8
INFORMATION TO THE L OCAL REGULATORY AUTH ORITY AND APPROVE OR REJECT 9
THE FINAL APPLICATIO N WITHIN 45 DAYS. 10
SUBTITLE 5. LOCAL REGULATIONS. 11
23–501. 12
(A) AN ON–SITE CONSUMPTION EST ABLISHMENT MAY OPERA TE ONLY IF 13
THE LOCAL REGULATORY A UTHORITY IN THE LOCA LITY WHERE IT IS LOC ATED 14
ISSUED A PERMIT OR L ICENSE THAT EXPRESSL Y ALLOWS THE OPERATI ON OF THE 15
ON–SITE CONSUMPTION EST ABLISHMENT . 16
(B) (1) EXCEPT AS PROVIDED IN THIS SUBSECTION , A LOCALITY MAY 17
PROHIBIT THE OPERATI ON OF ANY OR ALL TYPES OF CANNABIS ESTABLIS HMENTS 18
WITHIN ITS JURISDICT ION THROUGH THE ENAC TMENT OF AN ORDINANC E OR 19
THROUGH AN INITIATED OR REFERRED MEASURE . 20
(2) AN INITIATED OR REFER RED MEASURE TO PROHI BIT THE 21
OPERATION OF CANNABI S ESTABLISHMENTS MUS T APPEAR ON A GENERAL 22
ELECTION BALLOT . 23
(3) A LOCALITY MAY NOT : 24
(I) PROHIBIT TRANSPORTATI ON THROUGH THE LOCAL ITY OR 25
DELIVERIES WITHIN TH E LOCALITY BY CANNAB IS ESTABLISHMENTS LO CATED IN 26
OTHER JURISDICTIONS ; 27
(II) PROHIBIT OR IMPACT A BUSINESS LICENSED UNDER TITLE 28
13, SUBTITLE 33 OF THIS ARTICLE , REGARDLESS OF WHETHE R THE BUSINESS IS 29
GRANTED A LICENSE UN DER THIS TITLE; OR 30
SENATE BILL 833 71
(III) PREVENT AN ENTITY LIC ENSED UNDER TITLE 13, SUBTITLE 1
33 OF THIS ARTICLE THAT IS IN COMPLIANCE WIT H ALL RELEVANT MEDIC AL 2
CANNABIS REGULATIONS FROM BEING GRANTED A DUAL LICENSE. 3
(C) A PERSON SEEKING LICEN SURE AS A CANNABIS E STABLISHMENT SHALL 4
MEET LOCAL ZONING AN D PLANNING REQUIREME NTS. 5
(D) A LOCALITY MAY NOT NEG OTIATE OR ENTER INTO AN AGREEMENT WITH 6
A CANNABIS ESTABLISH MENT OR A CANNABIS ES TABLISHMENT APPLICAN T 7
REQUIRING THAT THE C ANNABIS ESTABLISHMEN T OR APPLICANT PROVI DE MONEY, 8
DONATIONS, IN–KIND CONTRIBUTIONS , SERVICES, OR ANYTHING OF VALUE TO THE 9
LOCALITY. 10
SUBTITLE 6. CRIMINAL AND CIVIL IMMUNITIES AND LIABILITIES. 11
23–601. 12
(A) IN THIS SECTION , “PROCESSING” AND “MANUFACTURING ” DO NOT 13
INCLUDE: 14
(1) PERFORMING EXTRACTION S USING SOLVENTS OTH ER THAN 15
WATER, GLYCERIN, PROPYLENE GLYCOL , VEGETABLE OIL , OR FOOD–GRADE 16
ETHANOL; OR 17
(2) EXTRACTING COMPOUNDS FROM CANNABIS U SING ETHANOL IN 18
THE PRESENCE OR VICI NITY OF OPEN FLAME . 19
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, EXCEPT AS 20
OTHERWISE PROVIDED I N THIS SUBTITLE , THE FOLLOWING ACTS A RE NOT 21
UNLAWFUL UNDER STATE LAW OR THE LAW OF ANY POLITICAL SUB DIVISION OF THE 22
STATE OR A BASIS FOR SE IZURE OR FORFEITURE OF ASSETS UNDER STATE LAW FOR 23
INDIVIDUALS WHO ARE AT LEAST 21 YEARS OLD: 24
(1) POSSESSING, CONSUMING , GROWING, USING, PROCESSING, 25
MANUFACTURING , PURCHASING , OR TRANSPORTING AN A MOUNT OF CANNABIS 26
THAT DOES NOT EXCEE D THE PERSONAL USE A MOUNT; 27
(2) TRANSFERRING AN AMOUN T OF CANNABIS THAT D OES NOT 28
EXCEED THE PERSONAL USE AMOUNT TO AN IND IVIDUAL WHO IS AT LE AST 21 YEARS 29
OLD WITHOUT REMUNERA TION; 30
(3) CONTROLLING PROPERTY WHERE ACTIONS DESCRI BED IN ITEM 31
(1) OR (2) OF THIS SUBSECTION O CCUR; OR 32
72 SENATE BILL 833
(4) ASSISTING ANOTHER IND IVIDUAL WHO IS AT LE AST 21 YEARS OLD 1
IN AN ACT DESCRIBED IN ITEM (1) OR (2) OF THIS SUBSECTION . 2
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, UNLESS THE 3
COURT OR THE MARYLAND PAROLE COMMISSION MAKES A SPECIFIC FIN DING THAT 4
AN INDIVIDUAL DEFEND ANT’S, PAROLEE’S, OR PROBATIONER ’S USE OF CANNABIS 5
COULD CREATE A DANGE R TO THE INDIVIDUAL OR OTHER PERSONS , IT IS NOT A 6
VIOLATION OF CONDITI ONS OF PRETRIAL RELE ASE, PAROLE, OR PROBATION TO : 7
(1) ENGAGE IN CONDUCT ALLOWED BY THIS SECTION; OR 8
(2) TEST POSITIVE FOR CAN NABIS, 9
DELTA–9–TETRAHYDROCANNABINOL , OR ANY OTHER CANNABI NOID. 10
23–602. 11
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IT IS NOT 12
UNLAWFUL UNDER STATE LAW AND MAY NOT BE A BASIS FOR SEIZU RE OR 13
FORFEITURE OF ASSETS UNDER STATE LAW FOR A CANNA BIS ESTABLISHMENT WI TH 14
A VALID LICENSE , OR A PERSON WHO IS A CTING IN THE PERSON ’S CAPACITY AS 15
CANNABIS ESTABLISHME NT AGENT, TO ENGAGE IN ANY ACT IVITIES INVOLVING 16
CANNABIS, CANNABIS ACCESSORIES , OR CANNA BIS PRODUCTS IF THE PERSON 17
CONDUCTING THE ACTIV ITIES POSSESSES A CU RRENT, VALID LICENSE TO OPE RATE 18
A CANNABIS ESTABLISH MENT, OR IS ACTING IN THE PERSON’S CAPACITY AS A 19
CANNABIS ESTABLISHME NT AGENT, AND THE ACTIVITIES A RE WITHIN THE SCOPE OF 20
ACTIVITIES ALLO WED BY THE COMMISSION FOR THAT T YPE OF CANNABIS 21
ESTABLISHMENT . 22
(B) THIS SECTION DOES NOT PREVENT THE IMPOSITI ON OF PENALTIES FOR 23
VIOLATING THIS TITLE OR REGULATIONS ADOPT ED BY THE COMMISSION OR 24
LOCALITIES IN ACCORD ANCE WITH THIS TITLE . 25
23–603. 26
(A) NOTWITHSTANDING ANY O THER PROVISION OF LA W, IT IS NOT 27
UNLAWFUL UNDER STATE LAW OR THE LAW OF A POLITICAL SUBDI VISION OF THE 28
STATE OR A BASIS FOR SEIZURE OR FORFEITUR E OF ASSETS FOR AN I NDIVIDUAL 29
WHO IS AT LEAST 21 YEARS OLD TO MANUFAC TURE, POSSESS, OR PURCHASE 30
CANNABIS ACCESSORIES , OR TO DISTRIBUTE OR SELL CANNABIS ACCESS ORIES TO: 31
(1) AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD; OR 32
(2) AN INDIVIDUAL WHO IS A QUALIFYING PATIENT UNDER TITLE 13, 33
SUBTITLE 33 OF THIS ARTICLE. 34 SENATE BILL 833 73
(B) EXCEPT AS PROVIDED IN THIS SECTION, AN INDIVIDUAL WHO IS AT 1
LEAST 21 YEARS OLD MAY MANUFA CTURE, POSSESS, AND PURCHASE CANNABI S 2
ACCESSORIES AND DIST RIBUTE OR SELL CANNA BIS ACCESSORIES TO A PERSON WHO 3
IS AT LEAST 21 YEARS OLD. 4
(C) THIS SECTION IS INCLU DED TO SATISFY THE R EQUIREMEN TS OF 21 5
U.S.C. § 863(F) BY AUTHORIZING , UNDER STATE LAW, A PERSON IN COMPLIAN CE 6
WITH THIS SUBTITLE T O MANUFACTURE , POSSESS, OR DISTRIBUTE CANNAB IS 7
ACCESSORIES. 8
(D) THIS SECTION DOES NOT PREVENT THE IMPOSITI ON OF PENALTIES FOR 9
VIOLATING CONSUMER S AFETY OR BUSINESS LICENSIN G LAWS OR REGULATION S. 10
23–604. 11
(A) ANY OF THE FOLLOWING PERSONS ACTING IN AC CORDANCE WITH THE 12
PROVISIONS OF THIS T ITLE MAY NOT BE SUBJ ECT TO ARREST , PROSECUTION , OR 13
ANY CIVIL OR ADMINIS TRATIVE PENALTY , INCLUDING A CIVIL PE NALTY OR 14
DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD , OR BE DENIED ANY 15
RIGHT OR PRIVILEGE , FOR THE USE , POSSESSION, MANUFACTURE , 16
TRANSPORTATION , OR DISTRIBUTION OF C ANNABIS: 17
(1) AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD IN POSSESS ION 18
OF AN AMOUNT OF CANN ABIS OR CANNABIS PRO DUCT FOR ADULT USE T HAT DOES 19
NOT EXCEED THE PERSONAL USE AMOUNT; 20
(2) A CANNABIS ESTABLISHME NT LICENSED UNDER TH IS TITLE OR 21
THE CANNABIS ESTABLI SHMENT AGENT ; 22
(3) A HOSPITAL, MEDICAL FACILITY , OR HOSPICE PROGRAM W HERE 23
A QUALIFYING PATIENT IS RECEIVING TREATME NT; OR 24
(4) A THIRD–PARTY VENDOR AUTHORI ZED BY THE COMMISSION TO 25
TEST, TRANSPORT, OR DISPOSE OF CANNAB IS, CANNABIS PRODUCTS , OR CANNABIS 26
WASTE UNDER THE PROV ISIONS OF THIS TITLE. 27
(B) (1) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR 28
ANY OF ITS POLITICAL SUBDIVISIONS MAY IMP OSE ANY PENALTY OR D ENY ANY 29
BENEFIT OR ENTITLEME NT FOR CONDUCT PERMI TTED UNDER THIS TITL E OR FOR 30
THE PRESENCE OF CANN ABINOIDS OR CANNABIN OID METABOLITES IN T HE URINE, 31
BLOOD, SALIVA, BREATH, HAIR, OR OTHER TISSUE OR F LUID OF AN INDIVIDU AL WHO 32
IS AT LEAST 21 YEARS OLD. 33
74 SENATE BILL 833
(2) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR 1
ANY OF ITS POLITICAL SUBDIVISIONS MAY DEN Y A DRIVER ’S LICENSE, A 2
PROFESSIONAL LICENSE , HOUSING ASSISTANCE , SOCIAL SERVICES , OR OTHER 3
BENEFITS BASED ON CA NNABIS USE OR FOR THE PR ESENCE OF CANNABINOI DS OR 4
CANNABINOID METABOLI TES IN THE URINE , BLOOD, SALIVA, BREATH, HAIR, OR 5
OTHER TISSUE OR FLUI D OF AN INDIVIDUAL W HO IS AT LEAST 21 YEARS OLD. 6
(C) AN INDIVIDUAL MAY NOT BE DENIED CUSTODY OF OR VISITATION WITH 7
A MINOR FOR ACTING IN A CCORDANCE WITH THIS TITLE, UNLESS THE INDIVIDUA L’S 8
BEHAVIOR IS SUCH THA T IT CREATES AN UNRE ASONABLE DANGER TO T HE MINOR 9
THAT CAN BE CLEARLY ARTICULATED AND SUBS TANTIATED. 10
(D) EXCEPT AS PROVIDED IN THIS SECTION, NEITHER THE STATE NOR ANY 11
OF ITS POLITICAL SUB DIVISIONS MAY DENY E MPLOYMENT OR A CONTR ACT TO AN 12
INDIVIDUAL FOR ENGAG ING IN CONDUCT AUTHO RIZED UNDER THIS TIT LE, FOR: 13
(1) A PRIOR CONVICTION FOR A NONVIOLENT CANNABI S OFFENSE 14
THAT DOES NOT INVOLV E DISTRIBUTION TO MI NORS; OR 15
(2) TESTING POSITIVE FOR THE PRESENCE OF CANN ABINOIDS OR 16
CANNABINOID METABOLI TES IN THE URINE , BLOOD, SALIVA, BREATH, HAIR, OR 17
OTHER TISSUE OR FLUI D OF THE INDIVIDUAL ’S BODY. 18
(E) FOR THE PURPOSES OF M EDICAL CARE, INCLUDING ORGAN AND TISSUE 19
TRANSPLANTS : 20
(1) THE USE OF CANNABIS D OES NOT CONSTITUTE T HE USE OF AN 21
ILLICIT SUBSTANCE OR OTHERWISE DISQUALIFY AN INDIVIDUAL FROM N EEDED 22
MEDICAL CARE ; AND 23
(2) MAY BE CONSIDERED ONL Y WITH RESPECT TO EV IDENCE–BASED 24
CLINICAL CRITERIA . 25
(F) (1) THIS SECTION DOES NOT PREVENT A GOVERN MENT EMPLOYER 26
FROM DISCIPLINING AN EMPLOYEE OR CONTRACT OR FOR: 27
(I) INGESTING CANNABIS IN THE WORKPLACE ; OR 28
(II) WORKING WHILE IMPAIRE D BY CANNABIS. 29
(2) THE PROTECTIONS PROVI DED BY THIS SECTION DO NOT APPLY TO 30
THE EXTENT THAT THEY CONFLICT WITH A GOVERNMENT EMPLOYER ’S 31
OBLIGATIONS UNDER FE DERAL LAW OR TO THE EXTENT THAT THEY WOU LD 32 SENATE BILL 833 75
DISQUALIFY THE ENTIT Y FROM A MONETARY OR LICENSING–RELATED BENEFIT 1
UNDER FEDERAL LAW . 2
(3) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 3
AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE, OR 4
OTHER PENALTIES , INCLUDING DISCIPLINE OR TERMINATION BY A GOVERNMENT 5
EMPLOYER FOR ENGAGIN G IN, ANY TASK WHILE UNDER THE INFLUENCE OF 6
CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIG ENCE OR PROFESSIONAL 7
MALPRACTICE . 8
(4) THIS SECTION DOES NOT AUTHORIZE ANY PERSON TO ENGAGE IN, 9
AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, DISCIPLINE, OR 10
OTHER PENALTIES , INCLUDING DISCIPLINE OR TERMINATION BY A GOVERNMENT 11
EMPLOYER OR RE VOCATION OF A DRIVER ’S LICENSE, FOR DRIVING WHILE IM PAIRED 12
BY CANNABIS. 13
(G) TO THE EXTENT ALLOWAB LE, A PERSON IS NOT CONS IDERED 14
INELIGIBLE TO POSSES S A FIREARM UNDER FE DERAL LAW OR TO BE A N UNLAWFUL 15
USER OF OR ADDICTED TO A CONTROLLED DANG EROUS SUBSTANCE SOLELY 16
BECAUSE OF CONDUCT A UTHORIZED UNDER THIS TITLE. 17
(H) A PERSON MAY NOT BE DE NIED A STATE FIREARM LICENSE OR PERMIT, 18
INCLUDING A CONCEALE D CARRY PERMIT , SOLELY BECAUSE OF CO NDUCT 19
AUTHORIZED UNDER THI S TITLE. 20
23–605. 21
(A) A HOLDER OF A PROFESSIONAL OR OCCU PATIONAL LICENSE MAY NOT 22
BE SUBJECT TO PROFES SIONAL DISCIPLINE FO R PROVIDING ADVICE O R SERVICES 23
RELATED TO CANNABIS ESTABLISHMENTS OR AP PLICATIONS TO OPERAT E 24
CANNABIS ESTABLISHME NTS ON THE BASIS THA T CANNABIS IS ILLEGA L UNDER 25
FEDERAL LA W. 26
(B) AN APPLICANT FOR A PR OFESSIONAL OR OCCUPA TIONAL LICENSE MAY 27
NOT BE DENIED A LICE NSE BASED ON PREVIOU S EMPLOYMENT RELATED TO 28
CANNABIS ESTABLISHME NTS OPERATING IN ACC ORDANCE WITH STATE LAW. 29
23–606. 30
(A) FOR THE PURPOSES OF STATE LAW, ACTIONS RELATED TO CANNABIS 31
ARE CONSIDERED LAWFU L AS LONG AS THEY AR E IN ACCORDANCE WITH THIS TITLE. 32
76 SENATE BILL 833
(B) AN AGENCY OR A POLITI CAL SUBDIVISION OF T HE STATE MAY NOT RELY 1
ON A VIOLATION OF FE DERAL LAW RELATED TO CANNABIS AS THE SOLE BASIS FOR 2
TAKING AN ADVERSE AC TION AGAINST A PERSON . 3
23–607. 4
(A) IT IS THE PUBLIC POLI CY OF THE STATE THAT CONTRACTS RELATED TO 5
THE OPERATION OF A C ANNABIS ESTABLISHMEN T LICENSED IN ACCORD ANCE WITH 6
THIS SUBTITLE ARE EN FORCEABLE. 7
(B) IT IS THE PUBLIC POLI CY OF THE STATE THAT NO CONT RACT ENTERED 8
INTO BY A LICENSED C ANNABIS ESTABLISHMEN T OR ITS AGENTS AS A UTHORIZED IN 9
ACCORDANCE WITH A VA LID LICENSE, OR BY THOSE WHO ALLO W PROPERTY TO BE 10
USED BY A CANNABIS E STABLISHMENT , ITS EMPLOYEES , OR ITS AGENTS AS 11
AUTHORIZED IN ACCORD ANCE WITH A VA LID LICENSE, SHALL BE UNENFORCEAB LE 12
ON THE BASIS THAT CU LTIVATING, OBTAINING, MANUFACTURING , DISTRIBUTING, 13
DISPENSING, TRANSPORTING , SELLING, POSSESSING, OR USING CANNABIS IS 14
PROHIBITED BY FEDERA L LAW. 15
23–608. 16
(A) A LAW ENFORCEMENT OFFI CER EMPLOYED BY AN AGENCY THAT 17
RECEIVES STATE OR LOCAL GOVERN MENT FUNDS MAY NOT E XPEND STATE OR 18
LOCAL RESOURCES , INCLUDING THE OFFICE R’S TIME, TO EFFECT ANY ARREST OR 19
SEIZURE OF CANNABIS , OR CONDUCT ANY INVES TIGATION, ON THE SOLE BASIS OF 20
ACTIVITY THE OFFICER BELIEVES TO CONSTITUTE A VIOLATI ON OF FEDERAL LAW IF 21
THE OFFICER HAS REAS ON TO BELIEVE THAT T HE ACTIVITY IS IN COMPLIANCE WITH 22
THIS TITLE. 23
(B) A LAW ENFORCEMENT OFFI CER MAY NOT EXPEND STATE OR LOCAL 24
RESOURCES, INCLUDING THE OFFICE R’S TIME, TO PROVIDE ANY INFOR MATION OR 25
LOGISTICAL SUPPORT R ELATED TO ACTIVITY D ESCRIBED IN SUBSECTI ON (A) OF 26
THIS SECTION TO ANY FEDERAL LAW ENFORCEM ENT AUTHORITY OR PRO SECUTING 27
ENTITY. 28
SUBTITLE 7. CONSTRUCTION OF TITLE. 29
23–701. 30
THIS TITLE MAY NOT BE CONSTRUED TO AUTHORI ZE AN INDIVIDUAL TO 31
ENGAGE IN, AND DOES NOT PREVENT THE IMPOSITION OF AN Y CIVIL, CRIMINAL, OR 32
OTHER PENALTIES FOR : 33
SENATE BILL 833 77
(1) UNDERTAKING A TASK WH ILE UNDER THE INFLUE NCE OF 1
CANNABIS, WHEN DOING SO WOULD CONSTITUTE NEGLIGENC E OR PROFESSIONAL 2
MALPRACTICE ; 3
(2) OPERATING, NAVIGATING, OR BEING IN ACTUAL P HYSICAL 4
CONTROL OF A MOTOR V EHICLE, AIRCRAFT, OR BOAT WHILE UNDER THE INFLUENCE 5
OF CANNABIS; 6
(3) SMOKING CANNABIS IN A PUBLIC PLACE; OR 7
(4) POSSESSING CANNABIS , INCLUDING CANNABIS P RODUCTS, IN A 8
LOCAL DETENTION FACI LITY, COUNTY JAIL, STATE PRISON , REFORMATORY , OR 9
OTHER CORRECTIONAL F ACILITY, INCLUDING A FACILITY FOR THE DETENTION OF 10
JUVENILE OFFENDERS . 11
23–702. 12
(A) EXCEPT AS PROVIDED IN THIS SECTION, THE PROVISIONS OF TH IS TITLE 13
DO NOT REQUIRE A PER SON, CORPORATION , OR ANY OTHER ENTITY T HAT OCCUPIES, 14
OWNS, OR CONTROLS A PROPER TY TO ALLOW THE CONS UMPTION, CULTIVATION, 15
DISPLAY, SALE, OR TRANSFER OF CANNA BIS ON OR IN THAT PR OPERTY. 16
(B) EXCEPT AS PROVIDED IN THIS SECTION, A LANDLORD OR PROPER TY 17
MANAGER MAY NOT REFU SE TO RENT TO A TENA NT, OR OTHERWISE DISCRIM INATE 18
AGAINST THE TENANT , BASED ON A PAST CONV ICTION FOR A CANNABI S OFFENSE. 19
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 20
IN THE CASE OF THE R ENTAL OF A RESIDENTI AL DWELL ING, A LANDLORD OR 21
PROPERTY MANAGER MAY NOT PROHIBIT THE POS SESSION OF CANNABIS OR THE 22
CONSUMPTION OF CANNA BIS BY NONSMOKED MEA NS. 23
(2) THIS SUBSECTION DOES NOT APPLY IF: 24
(I) THE TENANT IS A BOARD ER OR LODGER WHO IS NOT 25
LEASING THE ENTIRE R ESIDENTIAL DWELLING; 26
(II) THE RESIDENCE IS INCI DENTAL TO DETENTION OR THE 27
PROVISION OF MEDICAL , GERIATRIC, EDUCATIONAL , COUNSELING , RELIGIOUS, OR 28
SIMILAR SERVICE ; 29
(III) THE RESIDENCE IS A TR ANSITIONAL HOUSING O R SOBER 30
LIVING FACILITY; OR 31
78 SENATE BILL 833
(IV) FAILING TO PROHIBIT CANNABIS PO SSESSION OR 1
CONSUMPTION WOULD VI OLATE FEDERAL LAW OR REGULATIONS OR CAUSE THE 2
LANDLORD TO LOSE A M ONETARY OR LICENSING –RELATED BENEFIT UNDE R 3
FEDERAL LAW OR REGUL ATIONS. 4
(3) AFTER A WARNING , A LANDLORD OR PROPER TY MANAGER MAY 5
TAKE ACTION AGAINST A TENAN T IF THE TENANT’S USE OF CANNABIS CR EATES AN 6
ODOR THAT INTERFERES WITH OTHERS’ PEACEFUL ENJOYMENT O F THEIR HOME OR 7
PROPERTY. 8
Article – State Finance and Procurement 9
6–226. 10
(a) (2) (i) Notwithstanding any other provision of law, and unless 11
inconsistent with a federal law, grant agreement, or other federal requirement or with the 12
terms of a gift or settlement agreement, net interest on all State money allocated by the 13
State Treasurer under this section to special funds or accounts, and otherwise entitled to 14
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 15
Fund of the State. 16
(ii) The provisions of subparagraph (i) of this paragraph do not apply 17
to the following funds: 18
144. the Health Equity Resource Community Reserve Fund; 19
[and] 20
145. the Access to Counsel in Evictions Special Fund; 21
146. THE SOCIAL EQUITY START–UP FUND; 22
147. THE CANNABIS EDUCATION AND TRAINING FUND; 23
148. THE COMMUNITY REINVESTMENT AND REPAIR 24
FUND; AND 25
149. THE CANNABIS REGULATION FUND. 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Health – General 29
SUBTITLE 44. CANNABIS USE BASELINE STUDY. 30
SENATE BILL 833 79
13–4401. 1
(A) THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION, IN 2
CONSULTATION WITH TH E DEPARTMENT , THE BEHAVIORAL HEALTH 3
ADMINISTRATION , THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND 4
VICTIM SERVICES, THE MARYLAND POISON CENTER, THE STATE’S DESIGNATED 5
HEALTH INFORMATION EXCHANGE, AND THE MARYLAND HOSPITAL ASSOCIATION, 6
SHALL CONDUCT , OR CONTRACT WITH AN INSTITUTION OF HIGHE R EDUCATION OR 7
A PRIVATE RESEARCH E NTITY TO CONDUCT , A COMPREHENSIVE BASE LINE STUDY 8
OF CANNABIS USE IN T HE STATE THAT INCLUDES A SURVEY OF: 9
(1) PATTERNS OF USE, INCLUDING FREQUENCY OF USE AND DOSING , 10
METHODS OF CONSUMPTI ON, AND GENERAL PERCEPTI ONS OF CANNABIS AMON G: 11
(I) INDIVIDUALS UNDER THE AGE OF 18 YEARS; 12
(II) INDIVIDUALS AT LEAST 18 YEARS OLD AND UNDER THE AGE 13
OF 21 YEARS; 14
(III) INDIVIDUALS AT LEAST 21 YEARS OLD AND UNDER THE AGE 15
OF 55 YEARS; 16
(IV) INDIVIDUALS AT LEAST 55 YEARS OLD; 17
(V) PREGNANT WOMEN ; AND 18
(VI) BREASTFEEDING WOMEN ; 19
(2) INCIDENTS OF IMPAIRED DRIVING, INCLUDING ARRESTS , 20
ACCIDENTS, AND FATALITIES, RELATED TO CANN ABIS USE; 21
(3) HOSPITALIZATIONS RELA TED TO CANNABIS USE ; 22
(4) CALLS TO POISON CONTR OL CENTERS RELATED T O CANNABIS 23
USE, INCLUDING DATA ON CA LLS RELATED TO INDIV IDUALS UNDER THE AGE OF 21 24
YEARS; AND 25
(5) DIAGNOSES OF CANNABIS USE DISORDER AND PRO BLEM 26
CANNABIS USE. 27
(B) ON OR BEFORE MARCH 1, 2023, THE NATALIE M. LAPRADE MEDICAL 28
CANNABIS COMMISSION SHALL SUBM IT A REPORT OF THE F INDINGS OF THE 29
BASELINE STUDY CONDU CTED UNDER SUBSECTIO N (A) OF THIS SECTION TO THE 30 80 SENATE BILL 833
GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 1
ARTICLE, THE SENATE FINANCE COMMITTEE, THE SENATE JUDICIAL 2
PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE 3
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE. 4
(C) ON OR BEFORE MARCH 1, 2025, AND EVERY OTHER YEAR THEREAFTER , 5
THE NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION SHALL : 6
(1) SURVEY THE SAME FACTO RS THAT ARE SET FORT H IN 7
SUBSECTION (A) OF THIS SECTION; 8
(2) USE THE SAME METHODOL OGY OR MODEL THAT IS USED TO 9
CONDUCT THE SURVEY R EQUIRED UNDER SUBSEC TION (A) OF THIS SECTION; AND 10
(3) SUBMIT A REPORT OF TH E FINDINGS OF THE SU RVEY REQUIRED 11
UNDER THIS SUBSECTIO N TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 12
OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE, THE 13
SENATE JUDICIAL PROCEEDINGS COMMITTEE, THE HOUSE JUDICIARY 14
COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 15
COMMITTEE. 16
Article – Tax – General 17
10–208. 18
(a) In addition to the modification under § 10–207 of this subtitle, the amounts 19
under this section are subtracted from the federal adjusted gross income of a resident to 20
determine Maryland adjusted gross income. 21
(BB) (1) THE SUBTRACTION UNDER SUBSECTION (A) OF THIS SECTION 22
INCLUDES THE AMOUNT OF ORDINARY AND NECE SSARY EXPENSES PAID OR 23
INCURRED DURING THE TAXABLE YEAR IN CARR YING ON A TRADE OR A BUSINESS AS 24
A MEDICAL CANNABIS G ROWER, PROCESSOR, DISPENSARY, OR ANY OTHER 25
CANNABIS ESTABLISHME NT LICENSED BY THE STATE, IF THE DEDUCTION FOR 26
ORDINARY AND NECESSA RY EXPENSES IS DIS ALLOWED UNDER § 280E OF THE 27
INTERNAL REVENUE CODE. 28
(2) THE SUBTRACTION ALLOW ED UNDER PARAGRAPH (1) OF THIS 29
SUBSECTION INCLUDES A REASONABLE ALLOWAN CE FOR SALARIES OR O THER 30
COMPENSATION FOR PER SONAL SERVICES ACTUA LLY RENDERED DURING THE 31
TAXABLE YEAR . 32
(3) THE SUBTRACTION ALLOW ED UNDER THIS SUBSEC TION IS 33
APPLICABLE TO ALL TA XABLE YEARS BEGINNIN G AFTER DECEMBER 31, 2021. 34 SENATE BILL 833 81
10–308. 1
(a) In addition to the modification under § 10–307 of this subtitle, the amounts 2
under this section are subtracted from the federal taxable income of a corporation to 3
determine Maryland modified income. 4
(b) The subtraction under subsection (a) of this section includes the amounts 5
allowed to be subtracted for an individual under: 6
(1) § 10–208(d) of this title (Enhanced agricultural management equipment 7
expenses); 8
(2) § 10–208(i) of this title (Reforestation or timber stand expenses); 9
(3) § 10–208(k) of this title (Wage expenses for targeted jobs); 10
(4) § 10–208(p) of this title (Elevator handrails in health care facilities); 11
[and] 12
(5) § 10–208(z) of this title (Donations to diaper banks and other charitable 13
entities); AND 14
(6) § 10–208(BB) OF THIS TITLE (TRADE OR BUSINESS EXP ENSES OF 15
MEDICAL CANNABI S GROWER, PROCESSOR, DISPENSARY, OR ANY OTHER CANNABI S 16
ESTABLISHMENT ). 17
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
as follows: 19
Article – Economic Development 20
SUBTITLE 19. CANNABIS BUSINESS ASSISTANCE FUND. 21
5–1901. 22
(A) IN THIS SECTION , “FUND” MEANS THE CANNABIS BUSINESS 23
ASSISTANCE FUND. 24
(B) THERE IS A CANNABIS BUSINESS ASSISTANCE FUND. 25
(C) THE PURPOSE OF THE FUND IS TO ASSIST SMA LL, MINORITY–OWNED, 26
AND WOMEN –OWNED BUSINESSES ENT ERING THE ADULT –USE CANNABIS INDUSTR Y. 27
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 28 82 SENATE BILL 833
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 4
(F) THE FUND CONSISTS OF : 5
(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 6
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 7
THE BENEFIT OF THE FUND. 8
(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND 9
MAY BE USED ONLY FOR : 10
(I) GRANTS OR LOANS TO S MALL, MINORITY–OWNED, OR 11
WOMEN–OWNED BUSINESSES FOR : 12
1. LICENSE APPLICATION ASSISTANCE FOR 13
PARTICIPATION IN THE ADULT–USE CANNABIS INDUSTR Y; 14
2. ASSISTANCE WITH THE OPERATING OR CAPITAL 15
EXPENSES OF A BUSINE SS PARTICIPATING IN THE ADULT–USE CANNABIS INDUSTR Y; 16
OR 17
3. TARGETED TRAINING TO SUPPORT PARTICIPATIO N IN 18
THE ADULT–USE CANNABIS INDUSTR Y; AND 19
(II) GRANTS TO HISTORICAL LY BLACK COLLEGES AN D 20
UNIVERSITIES FOR CAN NABIS–RELATED PROGRAMS AND BUSINES S DEVELOPMENT 21
ORGANIZATIONS , INCLUDING INCUBATORS , TO TRAIN AND ASSIST SMALL, 22
MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS SEEKING TO 23
BECOME LICENSED TO P ARTICIPATE IN THE AD ULT–USE CANNABIS INDUSTR Y. 24
(2) THE DEPARTMENT : 25
(I) SHALL PRIORITIZE AWA RDING GRANTS AND LOA NS IN 26
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION T O: 27
SENATE BILL 833 83
1. POPULATIONS THAT HAV E BEEN HISTORICALLY 1
DISPROPORTIONATELY I MPACTED BY THE ENFOR CEMENT OF LAWS CRIMI NALIZING 2
THE USE OF CANNABIS ; AND 3
(II) MAY AWARD GRANTS OR LOANS TO 4
2. INDIVIDUALS WHO HAVE BEEN CONVICTED OF A 5
VIOLATION OF A LAW C RIMINALIZING THE USE OF CANNABIS; AND 6
(III) (II) MAY NOT AWARD GRANTS OR LOANS TO SMALL , 7
MINORITY, AND WOMEN BUSINESS O WNERS AND ENTREPRENE URS WITH A 8
PERSONAL NET WORTH EXCEE DING $1,700,000. 9
(3) IN ORDER TO AWARD GRA NTS AND LOANS IN ACC ORDANCE WITH 10
PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL DEVE LOP 11
PARTNERSHIPS WITH : 12
(I) TRADITIONAL MINORITY –SERVING INSTITUTIONS IN THE 13
STATE AND SURROUNDING JURISDIC TIONS, INCLUDING HISTORICAL LY BLACK 14
COLLEGES AND UNIVERS ITIES; 15
(II) TRADE ASSOCIATIONS R EPRESENTING MINORITY AND 16
WOMEN–OWNED BUSINESSES ; AND 17
(III) THE GOVERNOR’S OFFICE OF SMALL, MINORITY, AND 18
WOMEN BUSINESS AFFAIRS. 19
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 20
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 21
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 22
THE FUND. 23
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 24
WITH THE STATE BUDGET . 25
Article – State Finance and Procurement 26
6–226. 27
(a) (2) (i) Notwithstanding any other provision of law, and unless 28
inconsistent with a federal law, grant agreement, or other federal requirement or with the 29
terms of a gift or settlement agreement, net interest on all State money allocated by the 30
State Treasurer under this section to special funds or accounts, and otherwise entitled to 31 84 SENATE BILL 833
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1
Fund of the State. 2
(ii) The provisions of subparagraph (i) of this paragraph do not apply 3
to the following funds: 4
144. the Health Equity Resource Community Reserve Fund; 5
[and] 6
145. the Access to Counsel in Evictions Special Fund; 7
146. THE CANNABIS BUSINESS ASSISTANCE FUND; 8
147. THE CANNABIS PUBLIC HEALTH FUND; AND 9
148. THE COMMUNITY REINVESTMENT AND REPAIR 10
FUND. 11
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
as follows: 13
Article – Criminal Law 14
5–101. 15
(a) In this title the following words have the meanings indicated. 16
(E–2) “CIVIL USE AMOUNT ” MEANS: 17
(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 18
BUT DOES NOT EXCEED 2.5 OUNCES; 19
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEEDS 12 20
GRAMS BUT DOES N OT EXCEED 20 GRAMS; OR 21
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 22
DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 23
NOT EXCEED 1,250 MILLIGRAMS. 24
(U) “PERSONAL USE AMOUNT ” MEANS: 25
(1) AN AMOUNT OF USABLE CANNABIS THAT DOES N OT EXCEED 1.5 26
OUNCES; 27
SENATE BILL 833 85
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 1
EXCEED 12 GRAMS; OR 2
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 3
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS. 4
5–601. 5
(a) Except as otherwise provided in this title, a person may not: 6
(1) possess or administer to another a controlled dangerous substance, 7
unless obtained directly or by prescription or order from an authorized provider acting in 8
the course of professional practice; or 9
(2) obtain or attempt to obtain a controlled dangerous substance, or 10
procure or attempt to procure the administration of a controlled dangerous substance by: 11
(i) fraud, deceit, misrepresentation, or subterfuge; 12
(ii) the counterfeiting or alteration of a prescription or a written 13
order; 14
(iii) the concealment of a material fact; 15
(iv) the use of a false name or address; 16
(v) falsely assuming the title of or representing to be a 17
manufacturer, distributor, or authorized provider; or 18
(vi) making, issuing, or presenting a false or counterfeit prescription 19
or written order. 20
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 21
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 22
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 23
not exceeding $5,000 or both; 24
(ii) for a second or third conviction, imprisonment not exceeding 18 25
months or a fine not exceeding $5,000 or both; or 26
(iii) for a fourth or subsequent conviction, imprisonment not 27
exceeding 2 years or a fine not exceeding $5,000 or both. 28
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 29
person whose violation of this section involves the use or possession of [marijuana] 30 86 SENATE BILL 833
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 1
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 2
(ii) 1. A [first] finding of guilt under this section involving the 3
use or possession of [less than 10 grams of marijuana] THE PERSONAL USE AMO UNT OF 4
CANNABIS is a civil offense punishable by a fine not exceeding $100. 5
2. A [second] finding of guilt under this section involving the 6
use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 7
CANNABIS is a civil offense punishable by a fine not exceeding $250. 8
3. [A third or subsequent finding of guilt under this section 9
involving the use or possession of less than 10 grams of marijuana is a civil offense 10
punishable by a fine not exceeding $500. 11
4.] A. In addition to a fine, a court [shall] MAY order a 12
person under the age of 21 years who commits a violation punishable under 13
subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 14
approved by the Maryland Department of Health, refer the person to an assessment for 15
substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 16
B. [In addition to a fine, a court shall order a person at least 17
21 years old who commits a violation punishable under subsubparagraph 3 of this 18
subparagraph to attend a drug education program approved by the Maryland Department 19
of Health, refer the person to an assessment for substance abuse disorder, and refer the 20
person to substance abuse treatment, if necessary. 21
C.] A court that orders a person to a drug education program 22
or substance abuse assessment or treatment under this subsubparagraph may hold the 23
case sub curia pending receipt of proof of completion of the program, assessment, or 24
treatment. 25
(4) [A violation of this section involving the] THE smoking of [marijuana] 26
CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 27
(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING 28
$250; AND 29
(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 30
NOT EXCEEDING $500. 31
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 32
marijuana a civil offense] may not be construed to affect the laws relating to: 33
SENATE BILL 833 87
(1) operating a vehicle or vessel while under the influence of or while 1
impaired by a controlled dangerous substance; or 2
(2) seizure and forfeiture. 3
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
as follows: 5
Article – Criminal Law 6
5–101. 7
(a) In this title the following words have the meanings indicated. 8
(E–2) “CIVIL USE AMOUNT ” MEANS: 9
(1) AN AMOUNT OF USABLE CANNABIS THAT EXCEED S 1.5 OUNCES 10
BUT DOES NOT EXCEED 2.5 OUNCES; 11
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT EXCEED S 12 12
GRAMS BUT DOES NOT E XCEED 20 GRAMS; OR 13
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 14
DELTA–9–TETRAHYDROCANNABINOL THAT EXCEEDS 750 MILLIGRAMS BUT DOES 15
NOT EXCEED 1,250 MILLIGRAMS. 16
(U) “PERSONAL USE AMOUNT ” MEANS: 17
(1) AN AMOUNT OF USABLE CANNA BIS THAT DOES NOT EX CEED 1.5 18
OUNCES; 19
(2) AN AMOUNT OF CONCENT RATED CANNABIS THAT DOES NOT 20
EXCEED 12 GRAMS; 21
(3) AN AMOUNT OF CANNABI S PRODUCTS CONTAININ G 22
DELTA–9–TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 750 MILLIGRAMS; OR 23
(4) TWO OR FEWER CANNABI S PLANTS. 24
5–601. 25
(a) Except as otherwise provided in this title, a person may not: 26
(1) possess or administer to another a controlled dangerous substance, 27
unless: 28 88 SENATE BILL 833
(I) obtained directly or by prescription or order from an authorized 1
provider acting in the course of professional practice; or 2
(II) THE CONTROLLED DANGE ROUS SUBSTANCE IS CA NNABIS, 3
THE INDIVIDUAL IS AT LEAST 21 YEARS OLD, AND THE AMOUNT POSSE SSED IS THE 4
PERSONAL USE AMOUNT ; OR 5
(2) obtain or attempt to obtain a controlled dangerous substance, or 6
procure or attempt to procure the administration of a controlled dangerous substance by: 7
(i) fraud, deceit, misrepresentation, or subterfuge; 8
(ii) the counterfeiting or alteration of a prescription or a written 9
order; 10
(iii) the concealment of a material fact; 11
(iv) the use of a false name or address; 12
(v) falsely assuming the title of or representing to be a 13
manufacturer, distributor, or authorized provider; or 14
(vi) making, issuing, or presenting a false or counterfeit prescription 15
or written order. 16
(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 17
person who violates this section is guilty of a misdemeanor and on conviction is subject to: 18
(i) for a first conviction, imprisonment not exceeding 1 year or a fine 19
not exceeding $5,000 or both; 20
(ii) for a second or third conviction, imprisonment not exceeding 18 21
months or a fine not exceeding $5,000 or both; or 22
(iii) for a fourth or subsequent conviction, imprisonment not 23
exceeding 2 years or a fine not exceeding $5,000 or both. 24
(2) (i) Except as provided in subparagraph (ii) of this paragraph, a 25
person whose violation of this section involves the use or possession of [marijuana] 26
CANNABIS is guilty of a misdemeanor of possession of [marijuana] CANNABIS and is 27
subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 28
(ii) 1. A [first] finding of guilt under this section involving the 29
use or possession of [less than 10 grams of marijuana] THE PERSONAL USE AMO UNT OF 30 SENATE BILL 833 89
CANNABIS BY A PERSON UNDER THE AGE OF 21 YEARS is a civil offense punishable by 1
a fine not exceeding $100. 2
2. A [second] finding of guilt under this section involving the 3
use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 4
CANNABIS is a civil offense punishable by a fine not exceeding $250. 5
3. [A third or subsequent finding of guilt under this section 6
involving the use or possession of less than 10 grams of marijuana is a civil offense 7
punishable by a fine not exceeding $500. 8
4.] A. In addition to a fine, a court [shall] MAY order a 9
person under the age of 21 years who commits a violation punishable under 10
subsubparagraph 1[, 2, or 3] OR 2 of this subparagraph to attend a drug education program 11
approved by the Maryland Department of Health, refer the person to an assessment for 12
substance abuse disorder, and refer the person to substance abuse treatment, if necessary. 13
B. [In addition to a fine, a court shall order a person at least 14
21 years old who commits a violation punishable under subsubparagraph 3 of this 15
subparagraph to attend a drug education program approved by the Maryland Department 16
of Health, refer the person to an assessment for substance abuse disorder, and refer the 17
person to substance abuse treatment, if necessary. 18
C.] A court that orders a person to a drug education program 19
or substance abuse assessment or treatment under this subsubparagraph may hold the 20
case sub curia pending receipt of proof of completion of the program, assessment, or 21
treatment. 22
(4) [A violation of this section involving the] THE smoking of [marijuana] 23
CANNABIS in a public place is a civil offense punishable by [a fine not exceeding $500]: 24
(I) FOR A FIRST FINDING OF GUILT, A FINE NOT EXCEEDING 25
$250; AND 26
(II) FOR A SECOND OR SUBS EQUENT FINDING OF GU ILT, A FINE 27
NOT EXCEEDING $500. 28
(d) The provisions of subsection (c)(2)(ii) of this section [making the possession of 29
marijuana a civil offense] may not be construed to affect the laws relating to: 30
(1) operating a vehicle or vessel while under the influence of or while 31
impaired by a controlled dangerous substance; or 32
(2) seizure and forfeiture. 33
90 SENATE BILL 833
5–601.2. 1
(A) A PERSON MAY NOT CULTI VATE CANN ABIS PLANTS IN A MAN NER THAT 2
IS CONTRARY TO THIS SECTION. 3
(B) CANNABIS PLANTS MAY N OT BE CULTIVATED IN A LOCATION WHERE 4
THE PLANTS ARE SUBJE CT TO PUBLIC VIEW , INCLUDING A VIEW FRO M ANOTHER 5
PRIVATE PROPERTY , WITHOUT THE USE OF B INOCULARS, AIRCRAFT, OR OTHER 6
OPTICAL AIDS. 7
(C) (1) IN THIS SUBSECTION , “REASONABLE PRECAUTIO NS” INCLUDES 8
CULTIVATING CANNABIS IN AN ENCLOSED LOCKE D SPACE TO WHICH PER SONS 9
UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 10
(2) A PERSON WHO CULTIVATE S CANNABIS SHALL TAK E REASONABLE 11
PRECAUTIONS TO ENSUR E THE PLANTS ARE SEC URE FROM UNAUTHORIZE D ACCESS 12
AND ACCESS BY A PERS ON UNDER THE AGE OF 21 YEARS. 13
(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PR OPERTY LAWFULLY IN 14
POSSESSION OF THE CU LTIVATOR OR WITH THE CONSENT OF THE PERSO N IN 15
LAWFUL POSSESSION OF THE PROPERTY. 16
(E) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT CULTIV ATE CANNABIS 17
PLANTS. 18
(F) (1) A PERSON MAY NOT CULTI VATE MORE THAN TWO C ANNABIS 19
PLANTS. 20
(2) IF TWO OR MORE PERSON S AT LEAST 21 YEARS OLD RESIDE AT 21
THE SAME RESIDENCE , NO MORE THAN TWO CAN NABIS PLANTS MAY BE CULTIVATED 22
AT THAT RESIDENCE . 23
(G) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 24
AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT NOT EXCEEDING 3 YEARS OR A 25
FINE NOT EXCEEDING $5,000 OR BOTH. 26
5–602. 27
(C) (1) (I) IN THIS SUBSECTION , “ADULT SHARING ” MEANS 28
TRANSFERRING CANNABI S BETWEEN PERSONS WH O ARE 21 YEARS OF AGE OR 29
OLDER WITHOUT REMUNE RATION. 30
(II) “ADULT SHARING ” DOES NOT INCLUDE INS TANCES IN 31
WHICH: 32 SENATE BILL 833 91
1. CANNABIS IS GIVEN AW AY CONTEMPORANEOUSL Y 1
WITH ANOTHER RECIPRO CAL TRANSACTION BETW EEN THE SAME PARTIES ; 2
2. A GIFT OF CANNABIS I S OFFERED OR ADVERTI SED IN 3
CONJUNCTION WITH AN OFFER FOR THE SALE O F GOODS OR SERVICES ; OR 4
3. A GIFT OF CANNABIS I S CONTINGENT ON A SE PARATE 5
RECIPROCAL TRANSAC TION FOR GOODS OR SE RVICES. 6
(2) THIS SECTION DOES NOT PROHIBIT, AND NO CIVIL OR CRIM INAL 7
PENALTY MAY BE IMPOS ED FOR, ADULT SHARING OF THE PERSONAL USE AMOUNT 8
OF CANNABIS. 9
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
as follows: 11
Article – Courts and Judicial Proceedings 12
3–8A–01. 13
(a) In this subtitle the following words have the meanings indicated, unless the 14
context of their use indicates otherwise. 15
(dd) “Violation” means a violation for which a citation is issued under: 16
(1) § 5–601 of the Criminal Law Article involving the use or possession of 17
[less than 10 grams of marijuana] CANNABIS; 18
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 19
(3) § 10–132 of the Criminal Law Article; 20
(4) § 10–136 of the Criminal Law Article; or 21
(5) § 26–103 of the Education Article. 22
3–8A–33. 23
(a) A law enforcement officer authorized to make arrests shall issue a citation to 24
a child if the officer has probable cause to believe that the child is violating: 25
(1) § 5–601 of the Criminal Law Article involving the use or possession of 26
[less than 10 grams of marijuana] CANNABIS; 27
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 28 92 SENATE BILL 833
(3) § 10–132 of the Criminal Law Article; 1
(4) § 10–136 of the Criminal Law Article; or 2
(5) § 26–103 of the Education Article. 3
Article – Criminal Law 4
5–101. 5
(a) In this title the following words have the meanings indicated. 6
(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L . AND ANY 7
PART OF THE PLANT, INCLUDING ALL DERIVA TIVES, EXTRACTS, CANNABINOIDS , 8
ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS , WHETHER GROWING OR N OT, WITH 9
A DELTA–9–TETRAHYDROCANNABINOL CONCENTRATION GREATE R THAN 0.3% ON A 10
DRY WEIGHT BASIS . 11
(2) “CANNABIS” DOES NOT INCLUDE HEM P AS DEFINED IN § 14–101 12
OF THE AGRICULTURE ARTICLE. 13
(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 14
used, intended for use, or designed for use, in: 15
(i) planting, propagating, cultivating, growing, harvesting, 16
manufacturing, compounding, converting, producing, processing, preparing, packaging, 17
repackaging, storing, containing, or concealing a controlled dangerous substance in 18
violation of this title; or 19
(ii) injecting, ingesting, inhaling, or otherwise introducing into the 20
human body a controlled dangerous substance in violation of this title. 21
(2) “Drug paraphernalia” includes: 22
(i) a kit used, intended for use, or designed for use in planting, 23
propagating, cultivating, growing, or harvesting any species of plant that is a controlled 24
dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 25
substance can be derived; 26
(ii) a kit used, intended for use, or designed for use in 27
manufacturing, compounding, converting, producing, processing, or preparing a controlled 28
dangerous substance OTHER THAN CANNABIS ; 29
SENATE BILL 833 93
(iii) an isomerization device used, intended for use, or designed for 1
use in increasing the potency of any species of plant that is a controlled dangerous 2
substance OTHER THAN CANNABIS ; 3
(iv) testing equipment used, intended for use, or designed for use in 4
analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 5
THAN CANNABIS ; 6
(v) a scale or balance used, intended for use, or designed for use in 7
weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS ; 8
(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 9
mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 10
controlled dangerous substance OTHER THAN CANNABIS ; 11
(vii) a separation gin or sifter used, intended for use, or designed for 12
use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 13
CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 14
(viii) a blender, bowl, container, spoon, or mixing device used, 15
intended for use, or designed for use in compounding a controlled dangerous substance 16
OTHER THAN CANNABIS ; 17
(ix) a capsule, balloon, envelope, or other container used, intended 18
for use, or designed for use in packaging small quantities of a controlled dangerous 19
substance OTHER THAN CANNABIS ; 20
(x) a container or other object used, intended for use, or designed for 21
use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS ; 22
(xi) a hypodermic syringe, needle, or other object used, intended for 23
use, or designed for use in parenterally injecting a controlled dangerous substance into the 24
human body; and 25
(xii) an object used, intended for use, or designed for use in ingesting, 26
inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 27
human body [such as: 28
1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 29
pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 30
2. a water pipe; 31
3. a carburetion tube or device; 32
4. a smoking or carburetion mask; 33 94 SENATE BILL 833
5. an object known as a roach clip used to hold burning 1
material, such as a marijuana cigarette that has become too small or too short to be held in 2
the hand; 3
6. a miniature spoon used for cocaine and cocaine vials; 4
7. a chamber pipe; 5
8. a carburetor pipe; 6
9. an electric pipe; 7
10. an air–driven pipe; 8
11. a chillum; 9
12. a bong; and 10
13. an ice pipe or chiller]. 11
[(r) (1) “Marijuana” means: 12
(i) all parts of any plant of the genus Cannabis, whether or not the 13
plant is growing; 14
(ii) the seeds of the plant; 15
(iii) the resin extracted from the plant; and 16
(iv) each compound, manufactured product, salt, derivative, mixture, 17
or preparation of the plant, its seeds, or its resin. 18
(2) “Marijuana” does not include: 19
(i) the mature stalks of the plant; 20
(ii) fiber produced from the mature stalks; 21
(iii) oil or cake made from the seeds of the plant; 22
(iv) except for resin, any other compound, manufactured product, 23
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 24
(v) the sterilized seed of the plant that is incapable of germination; 25
or 26
SENATE BILL 833 95
(vi) hemp as defined in § 14–101 of the Agriculture Article.] 1
[(s)] (R) (1) “Narcotic drug” means a substance: 2
(i) that has been found to present an extreme danger to the health 3
and welfare of the community because of addiction–forming and addiction–sustaining 4
qualities; 5
(ii) that is: 6
1. an opiate; 7
2. a compound, manufactured substance, salt, derivative, or 8
preparation of opium, coca leaf, or an opiate; or 9
3. a substance and any compound, manufactured substance, 10
salt, derivative, or preparation that is chemically identical with a substance listed in items 11
1 and 2 of this item; and 12
(iii) that is produced: 13
1. directly or indirectly by extraction from substances of 14
vegetable origin; 15
2. independently by chemical synthesis; or 16
3. by a combination of extraction and chemical synthesis. 17
(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 18
that does not contain cocaine or ecgonine. 19
[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 20
controlled dangerous substance under Subtitle 4 of this title. 21
[(u)] (T) (1) “Opiate” means a substance that has an addiction–forming or 22
addiction–sustaining quality similar to morphine or that can be converted into a drug that 23
has this addiction–forming or addiction–sustaining quality. 24
(2) “Opiate” includes: 25
(i) the racemic and levorotatory forms of an opiate; 26
(ii) except for seeds, the opium poppy, the plant of the species 27
Papaver somniferum L.; 28
(iii) the poppy straw consisting of the opium poppy after mowing 29
except the seeds; and 30 96 SENATE BILL 833
(iv) coca leaf. 1
(3) “Opiate” does not include, unless specifically designated as controlled 2
under § 5–202 of this title, the dextrorotatory isomer of 3–methoxy–n–methyl–morphinan 3
and its salts (dextromethorphan). 4
5–601.1. 5
(a) A police officer shall issue a citation to a person who the police officer has 6
probable cause to believe has committed a violation of § 5–601 of this part involving the use 7
or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 8
OR THE PERSONAL USE AMOUNT OF CANNABIS . 9
(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 10
than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL 11
USE AMOUNT OF CANN ABIS is a civil offense. 12
(2) Adjudication of a violation under § 5–601 of this part involving the use 13
or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 14
OR THE PERSONAL USE AMOUNT OF CANNABIS : 15
(i) is not a criminal conviction for any purpose; and 16
(ii) does not impose any of the civil disabilities that may result from 17
a criminal conviction. 18
(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 19
or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 20
OR THE PERSONAL USE AMOUNT OF CANNABIS shall be signed by the police officer who 21
issues the citation and shall contain: 22
(i) the name, address, and date of birth of the person charged; 23
(ii) the date and time that the violation occurred; 24
(iii) the location at which the violation occurred; 25
(iv) the fine that may be imposed; 26
(v) a notice stating that prepayment of the fine is allowed, except as 27
provided in paragraph (2) of this subsection; and 28
(vi) a notice in boldface type that states that the person shall: 29
1. pay the full amount of the preset fine; or 30 SENATE BILL 833 97
2. request a trial date at the date, time, and place established 1
by the District Court by writ or trial notice. 2
(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 3
use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 4
CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS is issued to a person under 5
the age of 21 years, the court shall summon the person for trial. 6
[(ii) If the court finds that a person at least 21 years old who has been 7
issued a citation under this section has at least twice previously been found guilty under § 8
5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 9
court shall summon the person for trial.] 10
(d) The form of the citation shall be uniform throughout the State and shall be 11
prescribed by the District Court. 12
(e) (1) The Chief Judge of the District Court shall establish a schedule for the 13
prepayment of the fine. 14
(2) Prepayment of a fine shall be considered a plea of guilty to a Code 15
violation. 16
(3) A person described in subsection (c)(2) of this section may not prepay 17
the fine. 18
(f) (1) A person may request a trial by sending a request for trial to the District 19
Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 20
citation. 21
(2) If a person other than a person described in subsection (c)(2) of this 22
section does not request a trial or prepay the fine within 30 days of the issuance of the 23
citation, the court may impose the maximum fine and costs against the person and find the 24
person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 25
(g) The issuing jurisdiction shall forward a copy of the citation and a request for 26
trial to the District Court in the district having venue. 27
(h) (1) The failure of a defendant to respond to a summons described in 28
subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 29
Article. 30
(2) If a person at least 21 years old fails to appear after having requested 31
a trial, the court may impose the maximum fine and costs against the person and find the 32
person is guilty of a Code violation [for purposes of subsection (c)(2)(ii) of this section]. 33
98 SENATE BILL 833
(i) In any proceeding for a Code violation under § 5–601 of this part involving the 1
use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 2
CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS: 3
(1) the State has the burden to prove the guilt of the defendant by a 4
preponderance of the evidence; 5
(2) the court shall apply the evidentiary standards as prescribed by law or 6
rule for the trial of a criminal case; 7
(3) the court shall ensure that the defendant has received a copy of the 8
charges against the defendant and that the defendant understands those charges; 9
(4) the defendant is entitled to cross–examine all witnesses who appear 10
against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 11
testify on the defendant’s own behalf, if the defendant chooses to do so; 12
(5) the defendant is entitled to be represented by counsel of the defendant’s 13
choice and at the expense of the defendant; and 14
(6) the defendant may enter a plea of guilty or not guilty, and the verdict 15
of the court in the case shall be: 16
(i) guilty of a Code violation; 17
(ii) not guilty of a Code violation; or 18
(iii) probation before judgment, imposed by the court in the same 19
manner and to the same extent as is allowed by law in the trial of a criminal case. 20
(j) (1) The defendant is liable for the costs of the proceedings in the District 21
Court. 22
(2) The court costs in a Code violation case under § 5–601 of this part 23
involving the use or possession of [less than 10 grams of marijuana] THE CIVIL USE 24
AMOUNT OF CANNABIS O R THE PERSONAL USE A MOUNT OF CANNABIS in which costs 25
are imposed are $5. 26
(k) (1) The State’s Attorney for any county may prosecute a Code violation 27
under § 5–601 of this part involving the use or possession of [less than 10 grams of 28
marijuana] THE CIVIL USE AMOUNT OF CANNABIS OR THE P ERSONAL USE AMOUNT 29
OF CANNABIS in the same manner as prosecution of a violation of the criminal laws of the 30
State. 31
SENATE BILL 833 99
(2) In a Code violation case under § 5–601 of this part involving the use or 1
possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS 2
OR THE PERSONAL USE AMOUNT OF CANNABIS , the State’s Attorney may: 3
(i) enter a nolle prosequi or move to place the case on the stet docket; 4
and 5
(ii) exercise authority in the same manner as prescribed by law for 6
violation of the criminal laws of the State. 7
(l) A person issued a citation for a violation of § 5–601 of this part involving the 8
use or possession of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF 9
CANNABIS OR THE PERS ONAL USE AMOUNT OF C ANNABIS who is under the age of 18 10
years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of 11
the Courts Article. 12
(m) A citation for a violation of § 5–601 of this part involving the use or possession 13
of [less than 10 grams of marijuana] THE CIVIL USE AMOUNT OF CANNABIS OR THE 14
PERSONAL USE AMOUNT OF CANNABIS and the official record of a court regarding the 15
citation are not subject to public inspection and may not be included on the public website 16
maintained by the Maryland Judiciary if: 17
(1) the defendant has prepaid the fine; 18
(2) the defendant has pled guilty to or been found guilty of the Code 19
violation and has fully paid the fine and costs imposed for the violation; 20
(3) the defendant has received a probation before judgment and has fully 21
paid the fine and completed any terms imposed by the court; 22
(4) the case has been removed from the stet docket after the defendant fully 23
paid the fine and completed any terms imposed by the court; 24
(5) the State has entered a nolle prosequi; 25
(6) the defendant has been found not guilty of the charge; or 26
(7) the charge has been dismissed. 27
5–602. 28
(A) Except as otherwise provided in this title, a person may not: 29
(1) distribute or dispense a controlled dangerous substance; or 30
100 SENATE BILL 833
(2) possess a controlled dangerous substance OTHER THAN CANNABIS in 1
sufficient quantity reasonably to indicate under all circumstances an intent to distribute or 2
dispense a controlled dangerous substance. 3
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY 4
NOT POSSESS CANNABIS IN SUFFICIENT QUANTI TY REASONABLY TO INDICA TE 5
UNDER ALL CIRCUMSTAN CES AN INTENT TO DIS TRIBUTE OR DISPENSE CANNABIS. 6
(2) POSSESSION OF THE CIV IL USE AMOUNT OF CAN NABIS OR THE 7
PERSONAL USE AMOUNT OF CANNABIS WITHOUT OTHER EVIDEN CE OF AN INTENT TO 8
DISTRIBUTE OR DISPEN SE DOES NOT CONSTITUTE A VIOLATI ON OF PARAGRAPH (1) 9
OF THIS SUBSECTION . 10
5–603. 11
(A) Except as otherwise provided in this title, a person may not manufacture a 12
controlled dangerous substance OTHER THAN CANNABIS , or manufacture, distribute, or 13
possess a machine, equipment, instrument, implement, device, or a combination of them 14
that is adapted to produce a controlled dangerous substance OTHER THAN CANNABIS 15
under circumstances that reasonably indicate an intent to use it to produce, sell, or dispense 16
a controlled dangerous substance OTHER THAN CANNABIS in violation of this title. 17
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, A PERSON MAY NOT 18
CULTIVATE OR GROW CA NNABIS OR MANUFACTUR E A CANNABIS PRODUCT , OR 19
MANUFACTURE, DISTRIBUTE, OR POSSESS A MACHINE , EQUIPMENT, AN 20
INSTRUMENT , AN IMPLEMENT , A DEVICE, OR A COMBINATION OF THEM THAT IS 21
ADAPTED TO PRODUCE C ANNABIS OR A CANNABI S PRODUCT UNDER 22
CIRCUMSTANCES THAT R EASONABLY INDICATE A N INTENT TO USE IT T O PRODUCE, 23
SELL, OR DISPENSE CANNABIS OR A CANNABIS PRODUC T IN VIOLATION OF TH IS 24
TITLE. 25
5–607. 26
(a) (1) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION A ND §§ 27
5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 28
5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not 29
exceeding 5 years or a fine not exceeding $15,000 or both. 30
(2) A PERSON WHO VIOLATES § 5–602(B)(1) OR § 5–603(B) OF THIS 31
SUBTITLE IS GUILTY O F A MISDEMEANOR AND ON CONVICTIO N IS SUBJECT TO 32
IMPRISONMENT NOT EXC EEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR 33
BOTH. 34
SENATE BILL 833 101
(b) A person convicted under this section is not prohibited from participating in a 1
drug treatment program under § 8–507 of the Health – General Article because of the 2
length of the sentence. 3
5–619. 4
(c) (1) [This subsection does not apply to the use or possession of drug 5
paraphernalia involving the use or possession of marijuana. 6
(2)] Unless authorized under this title, a person may not use or possess with 7
intent to use drug paraphernalia to: 8
(i) plant, propagate, cultivate, grow, harvest, manufacture, 9
compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 10
controlled dangerous substance; or 11
(ii) inject, ingest, inhale, or otherwise introduce into the human body 12
a controlled dangerous substance. 13
[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 14
and on conviction is subject to: 15
(i) for a first violation, a fine not exceeding $500; and 16
(ii) for each subsequent violation, imprisonment not exceeding 2 17
years or a fine not exceeding $2,000 or both. 18
[(4)] (3) A person who is convicted of violating this subsection for the first 19
time and who previously has been convicted of violating subsection (d)(4) of this section is 20
subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 21
5–620. 22
(a) Unless authorized under this title, a person may not: 23
(1) obtain or attempt to obtain controlled paraphernalia by: 24
(i) fraud, deceit, misrepresentation, or subterfuge; 25
(ii) counterfeiting a prescription or a written order; 26
(iii) concealing a material fact or the use of a false name or address; 27
(iv) falsely assuming the title of or representing to be a 28
manufacturer, distributor, or authorized provider; or 29
102 SENATE BILL 833
(v) making or issuing a false or counterfeit prescription or written 1
order; or 2
(2) possess or distribute controlled paraphernalia under circumstances 3
which reasonably indicate an intention to use the controlled paraphernalia for purposes of 4
illegally administering a controlled dangerous substance. 5
(b) Evidence of circumstances that reasonably indicate an intent to use controlled 6
paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 7
substance unlawfully include the close proximity of the controlled paraphernalia to an 8
adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 9
distribute, or dispense controlled dangerous substances, including: 10
(1) a scale; 11
(2) a sieve; 12
(3) a strainer; 13
(4) a measuring spoon; 14
(5) staples; 15
(6) a stapler; 16
(7) a glassine envelope; 17
(8) a gelatin capsule; 18
(9) procaine hydrochloride; 19
(10) mannitol; 20
(11) lactose; 21
(12) quinine; and 22
(13) a controlled dangerous substance. 23
(c) Information that is communicated to a physician to obtain controlled 24
paraphernalia from the physician in violation of this subtitle is not a privileged 25
communication. 26
(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 27
violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 28
not exceeding 4 years or a fine not exceeding $25,000 or both. 29
SENATE BILL 833 103
[(2) A person who violates this section involving the use or possession of 1
marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 2
or both.] 3
Article – Criminal Procedure 4
4–101. 5
(c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any 6
other law allowing a crime to be charged by citation, a police officer shall charge by citation 7
for: 8
1. any misdemeanor or local ordinance violation that does 9
not carry a penalty of imprisonment; 10
2. any other misdemeanor or local ordinance violation not 11
involving serious injury or an immediate health risk for which the maximum penalty of 12
imprisonment is 90 days or less, except: 13
A. failure to comply with a peace order under § 3–1508 of the 14
Courts Article; 15
B. failure to comply with a protective order under § 4–509 of 16
the Family Law Article; 17
C. violation of a condition of pretrial or posttrial release 18
under § 5–213.1 of this article; 19
D. possession of an electronic control device after conviction 20
of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article; 21
E. violation of an out–of–state domestic violence order under 22
§ 4–508.1 of the Family Law Article; or 23
F. abuse or neglect of an animal under § 10–604 of the 24
Criminal Law Article; or 25
3. possession of [marijuana] CANNABIS under § 5–601 of the 26
Criminal Law Article. 27
(ii) Subject to paragraph (2) of this subsection, in addition to any 28
other law allowing a crime to be charged by citation, a police officer may charge by citation 29
for: 30
1. sale of an alcoholic beverage to an underage drinker or 31
intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages 32
Article; 33 104 SENATE BILL 833
2. malicious destruction of property under § 6–301 of the 1
Criminal Law Article, if the amount of damage to the property is less than $500; 2
3. misdemeanor theft under § 7–104(g)(2) of the Criminal 3
Law Article; [or] 4
4. possession of a controlled dangerous substance other than 5
[marijuana] CANNABIS under § 5–601 of the Criminal Law Article; 6
5. POSSESSION WITH INTENT TO DISTRIBUTE CANNABIS 7
UNDER § 5–602(B)(1) OF THE CRIMINAL LAW ARTICLE; OR 8
6. GROWING OR MANUFACTU RING CANNABIS OR A 9
CANNABIS PRODUCT UND ER § 5–603(B) OF THE CRIMINAL LAW ARTICLE. 10
(2) A police officer may charge a defendant by citation only if: 11
(i) the officer is satisfied with the defendant’s evidence of identity; 12
(ii) the officer reasonably believes that the defendant will comply 13
with the citation; 14
(iii) the officer reasonably believes that the failure to charge on a 15
statement of charges will not pose a threat to public safety; 16
(iv) the defendant is not subject to arrest: 17
1. for an alleged misdemeanor involving serious injury or 18
immediate health risk or an alleged felony arising out of the same incident; or 19
2. based on an outstanding arrest warrant; and 20
(v) the defendant complies with all lawful orders by the officer. 21
(3) A police officer who has grounds to make a warrantless arrest for an 22
offense that may be charged by citation under this subsection may: 23
(i) issue a citation in lieu of making the arrest; or 24
(ii) make the arrest and subsequently issue a citation in lieu of 25
continued custody. 26
10–101. 27
(a) In this subtitle the following words have the meanings indicated. 28 SENATE BILL 833 105
(d) “Expunge” means to remove information from public inspection in accordance 1
with this subtitle. 2
(e) [“Expungement”] EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, 3
“EXPUNGEMENT ” with respect to a court record or a police record means removal from 4
public inspection: 5
(1) by obliteration; 6
(2) by removal to a separate secure area to which persons who do not have 7
a legitimate reason for access are denied access; or 8
(3) if access to a court record or police record can be obtained only by 9
reference to another court record or police record, by the expungement of it or the part of it 10
that provides access. 11
10–105. 12
(a) A person who has been charged with the commission of a crime, including a 13
violation of the Transportation Article for which a term of imprisonment may be imposed, 14
or who has been charged with a civil offense or infraction, except a juvenile offense, may 15
file a petition listing relevant facts for expungement of a police record, court record, or other 16
record maintained by the State or a political subdivision of the State if: 17
(12) the person was convicted of possession of [marijuana] CANNABIS under 18
§ 5–601 of the Criminal Law Article; or 19
(c) (8) A petition for expungement based on the conviction of a crime under 20
subsection (a)(12) of this section may not be filed [within 4 years after the conviction or] 21
BEFORE satisfactory completion of the sentence, including probation, that was imposed for 22
the conviction[, whichever is later]. 23
10–105.3. 24
(A) A PERSON INCARCERATED AFTER HAVING BEEN CO NVICTED OF 25
POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE MAY 26
PRESENT AN APPLICATI ON FOR RESENTENCING TO THE COURT THAT SE NTENCED 27
THE PERSON. 28
(B) THE COURT SHALL GRANT THE APPLICATION AND RESENTENCE THE 29
PERSON TO TIME SERVE D. 30
106 SENATE BILL 833
(C) IF THE PERSON IS NOT SERVING A CONCURRENT O R CONSECUTIVE 1
SENTENCE FOR ANOTHER CRIME, THE PERSON SHALL BE RELEASED FROM 2
INCARCERATION . 3
10–107. 4
(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic 5
violation OR POSSESSION OF CAN NABIS UNDER § 5–601 OF THE CRIMINAL LAW 6
ARTICLE, arise from the same incident, transaction, or set of facts, they are considered to 7
be a unit. 8
(2) A charge for a minor traffic violation OR POSSESSION OF CAN NABIS 9
UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE that arises from the same incident, 10
transaction, or set of facts as a charge in the unit is not a part of the unit. 11
(b) (1) If a person is not entitled to expungement of one charge or conviction in 12
a unit, the person is not entitled to expungement of any other charge or conviction in the 13
unit. 14
(2) The disposition of a charge for a minor traffic violation that arises from 15
the same incident, transaction, or set of facts as a charge in the unit does not affect any 16
right to expungement of a charge or conviction in the unit. 17
10–110. 18
(a) A person may file a petition listing relevant facts for expungement of a police 19
record, court record, or other record maintained by the State or a political subdivision of 20
the State if the person is convicted of: 21
(1) a misdemeanor that is a violation of: 22
(i) § 6–320 of the Alcoholic Beverages Article; 23
(ii) an offense listed in § 17–613(a) of the Business Occupations and 24
Professions Article; 25
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 26
the Business Regulation Article; 27
(iv) § 3–1508 or § 10–402 of the Courts Article; 28
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 29
Article; 30
(vi) § 5–211 of this article; 31
SENATE BILL 833 107
(vii) § 3–203 or § 3–808 of the Criminal Law Article; 1
(viii) § 5–601 not involving the use or possession of [marijuana] 2
CANNABIS, § 5–602(B)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 3
5–902 of the Criminal Law Article; 4
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 5
6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 6
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 7
Criminal Law Article; 8
(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 9
8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 10
(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 11
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 12
Criminal Law Article; 13
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 14
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 15
12–204, § 12–205, or § 12–302 of the Criminal Law Article; 16
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 17
(xvii) § 4–509 of the Family Law Article; 18
(xviii) § 18–215 of the Health – General Article; 19
(xix) § 4–411 or § 4–2005 of the Housing and Community Development 20
Article; 21
(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 22
27–407.1, or § 27–407.2 of the Insurance Article; 23
(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 24
8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 25
limits for personal watercraft; 26
(xxii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 27
Safety Article; 28
(xxiii) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 29
(xxiv) § 9–124 of the State Government Article; 30 108 SENATE BILL 833
(xxv) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax – 1
General Article; 2
(xxvi) § 16–303 of the Transportation Article; or 3
(xxvii) the common law offenses of affray, rioting, criminal contempt, 4
battery, or hindering; 5
(2) a felony that is a violation of: 6
(i) § 7–104 of the Criminal Law Article; 7
(ii) the prohibition against possession with intent to distribute a 8
controlled dangerous substance under [§ 5–602(2)] § 5–602 of the Criminal Law Article; or 9
(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 10
(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 11
(1) or (2) of this subsection. 12
(c) (1) Except as provided in paragraphs (2) [and], (3), AND (4) of this 13
subsection, a petition for expungement under this section may not be filed earlier than 10 14
years after the person satisfies the sentence or sentences imposed for all convictions for 15
which expungement is requested, including parole, probation, or mandatory supervision. 16
(2) A petition for expungement for a violation of § 3–203 of the Criminal 17
Law Article, common law battery, or for an offense classified as a domestically related crime 18
under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 19
the sentence or sentences imposed for all convictions for which expungement is requested, 20
including parole, probation, or mandatory supervision. 21
(3) [A] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 22
SUBSECTION, A petition for expungement of a felony may not be filed earlier than 15 years 23
after the person satisfies the sentence or sentences imposed for all convictions for which 24
expungement is requested, including parole, probation, or mandatory supervision. 25
(4) A PETITION FOR EXPUNGE MENT OF A CONVICTION OF 26
POSSESSION WITH INTE NT TO DISTRIBUTE CAN NABIS UNDER § 5–602 OF THE 27
CRIMINAL LAW ARTICLE MAY NOT BE FI LED EARLIER THAN 3 YEARS AFTER THE 28
PERSON SATISFIES THE SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS 29
FOR WHICH EXPUNGEMEN T IS REQUESTED , INCLUDING PAROLE , PROBATION, OR 30
MANDATORY SUPERVISIO N. 31
10–111. 32
SENATE BILL 833 109
The Maryland Judiciary Case Search may not in any way refer to the existence of a 1
[District Court] criminal case in which: 2
(1) possession of [marijuana] CANNABIS under § 5–601 of the Criminal 3
Law Article is the only charge in the case; and 4
(2) the charge was disposed of before [October 1, 2014] JULY 1, 2023. 5
10–112. 6
(A) IN THIS SECTION, “EXPUNGE” MEANS TO REMOVE ALL REFERENCES TO 7
A SPECIFIED CRIMINAL CASE FROM THE CENTRAL REPOSITORY. 8
(B) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT OF PUBLIC SAFETY 9
AND CORRECTIONAL SERVICES SHALL EXPUNG E ALL CASES IN WHICH : 10
(1) POSSESSION OF CANNAB IS UNDER § 5–601 OF THE CRIMINAL LAW 11
ARTICLE IS THE ONLY C HARGE IN THE CASE ; AND 12
(2) THE CHARGE WAS ISSUE D BEFORE JULY 1, 2023. 13
Article – Health – General 14
SUBTITLE 45. CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 15
13–4501. 16
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(B) “ADVISORY COUNCIL” MEANS THE CANNABIS PUBLIC HEALTH 19
ADVISORY COUNCIL. 20
(C) “FUND” MEANS THE CANNABIS PUBLIC HEALTH FUND. 21
13–4502. 22
(A) THERE IS A CANNABIS PUBLIC HEALTH ADVISORY COUNCIL. 23
(B) THE ADVISORY COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 24
(1) ONE MEMBER FROM THE SENATE OF MARYLAND, APPOINTED BY 25
THE PRESIDENT OF THE SENATE; 26
110 SENATE BILL 833
(2) ONE MEMBER FROM THE HOUSE OF DELEGATES, APPOINTED BY 1
THE SPEAKER OF THE HOUSE; 2
(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 3
(4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 4
DEPUTY SECRETARY’S DESIGNEE; 5
(5) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S 6
DESIGNEE; 7
(6) THE EXECUTIVE DIRECTO R OF THE NATALIE M. LAPRADE 8
MEDICAL CANNABIS COMMISSION, OR THE EXECUTIVE DIR ECTOR’S DESIGNEE; 9
(7) THE STATE SUPERINTENDENT OF SCHOOLS, OR THE STATE 10
SUPERINTENDENT ’S DESIGNEE; AND 11
(8) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR: 12
(I) ONE REPRESENTATIVE FR OM THE GOVERNOR’S OFFICE OF 13
CRIME PREVENTION, YOUTH, AND VICTIM SERVICES; 14
(II) ONE REPRESENTATIVE FR OM A HISTORICALLY BL ACK 15
COLLEGE OR UNIVERSIT Y; 16
(III) ONE HEALTH CARE PROVI DER WITH EXPERIENCE IN 17
CANNABIS; 18
(IV) ONE PHARMACIST LICENS ED IN THE STATE; 19
(V) ONE HEALTH CARE PROVI DER WITH EXPERTISE I N 20
SUBSTANCE USE DISORD ER TREATMENT AND REC OVERY; 21
(VI) ONE INDIVIDUAL WITH E XPERTISE IN CANNABIS USE 22
DISORDER; 23
(VII) ONE ACADEMIC RESEARCH ER WITH EXPERTISE IN 24
CANNABIS LAW AND POL ICY; 25
(VIII) ONE INDIVIDUAL WITH A T LEAST 5 YEARS OF EXPERIENCE 26
IN HEALTH OR SOCIAL EQUITY; 27
SENATE BILL 833 111
(IX) ONE PUBLIC HEALTH PRO FESSIONAL WITH CANNA BIS 1
EXPERIENCE; AND 2
(X) ONE REPRESENTATIVE OF A LABORATORY THAT TE STS 3
CANNABIS. 4
(C) (1) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL 5
AND STATE LAW, THE MEMBERSHIP OF TH E ADVISORY COUNCIL SHALL REFLECT 6
THE GENDER, ETHNIC, AND RACIAL DIVERSITY OF THE STATE. 7
(2) THE MEMBERSHIP OF THE ADVISORY COUNCIL SHALL INCLUD E 8
RESIDENTS OF RURAL A ND URBAN REGIONS OF THE STATE. 9
(D) A MEMBER OF THE ADVISORY COUNCIL SHALL FILE A FINANCIAL 10
DISCLOSURE STATEMENT WITH THE STATE ETHICS COMMISSION IN ACCORDA NCE 11
WITH TITLE 5, SUBTITLE 6 OF THE GENERAL PROVISIONS ARTICLE. 12
(E) (1) THE TERM OF AN APPOINTED MEMBER IS 4 YEARS. 13
(2) THE TERMS OF THE APPO INTED MEMBERS ARE ST AGGERED AS 14
REQUIRED BY THE TERM S PROVIDED FOR THE A PPOINTED MEMBERS OF THE 15
ADVISORY COUNCIL ON JANUARY 1, 2023. 16
(3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO 17
SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES. 18
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 19
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20
QUALIFIES. 21
(5) AN APPOINTED MEMBER M AY NOT SERVE MORE TH AN TWO 22
CONSECUTIVE FULL TER MS. 23
13–4503. 24
(A) THE CHAIR OF THE ADVISORY COUNCIL SHALL BE ELEC TED BY THE 25
MEMBERS OF THE ADVISORY COUNCIL. 26
(B) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE ADVISORY 27
COUNCIL IS A QUORUM . 28
(C) THE ADVISORY COUNCIL SHALL MEET AT LEAST FOUR T IMES EACH 29
YEAR, AT THE TIMES AND PLA CES THAT THE ADVISORY COUNCIL DETERMINES . 30 112 SENATE BILL 833
(D) THE ADVISORY COUNCIL MAY FORM WORK GROUPS TO ASSIST IN THE 1
WORK OF THE ADVISORY COUNCIL. 2
(E) A MEMBER OF THE ADVISORY COUNCIL: 3
(1) MAY NOT RECEIVE C OMPENSATION AS A MEM BER OF THE 4
ADVISORY COUNCIL; BUT 5
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 6
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 7
(F) THE DEPARTMENT SHALL PROV IDE STAFF SUPPORT AN D TECHNICAL 8
ASSISTANCE FO R THE ADVISORY COUNCIL. 9
13–4504. 10
(A) THE ADVISORY COUNCIL SHALL STUDY A ND MAKE RECOMMENDATI ONS 11
REGARDING: 12
(1) THE PROMOTION OF PUBL IC HEALTH AND MITIGA TION OF YOUTH 13
USE OF, MISUSE OF, AND ADDICTION TO CAN NABIS; 14
(2) DATA COLLECTION AND R EPORTING OF DATA THAT MEASURES 15
THE IMPACT OF CANNAB IS CONSUMPTION AND L EGALIZATION; 16
(3) THE IMPACT OF CANNABI S LEGALIZATION ON TH E EDUCATION , 17
BEHAVIORAL HEALTH , AND SOMATIC HEALTH O F INDIVIDUALS UNDER THE AGE OF 18
21 YEARS; 19
(4) INITIATIVES TO PREVEN T CANNABIS USE BY INDIVIDUALS UNDER 20
THE AGE OF 21 YEARS, INCLUDING EDUCATIONA L PROGRAMS FOR USE I N SCHOOLS; 21
(5) PUBLIC HEALTH CAMPAIG NS ON CANNABIS ; 22
(6) ADVERTISING, LABELING, PRODUCT TESTING , AND QUALITY 23
CONTROL REQUIREMENTS ; 24
(7) TRAINING FOR HEALTH C ARE PROVIDERS RELATE D TO CANNABIS 25
USE; 26
SENATE BILL 833 113
(8) BEST PRACTICES REGARD ING REQUIREMENTS TO REDUCE THE 1
APPEAL OF CANNABIS T O MINORS , INCLUDING ADVERTISIN G, POTENCY, 2
PACKAGING, AND LABELING STANDAR DS; AND 3
(9) ANY OTHER ISSUES THAT ADVANCE PUBLIC HEALTH RELA TED TO 4
CANNABIS USE AND LEG ALIZATION. 5
(B) TO THE EXTENT PRACTIC ABLE, THE ADVISORY COUNCIL SHALL 6
CONSIDER ANY DATA CO LLECTED BY THE STATE RELATED TO CANN ABIS USE WHEN 7
MAKING RECOMMENDATIO NS, INCLUDING DATA COLLE CTED UNDER § 13–4401 OF 8
THIS TITLE. 9
13–4505. 10
(A) THERE IS A CANNABIS PUBLIC HEALTH FUND. 11
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO ADDRESS THE 12
HEALTH EFFECTS ASSOC IATED WITH THE LEGAL IZATION OF ADULT –USE CANNABIS. 13
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 14
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 15
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
(E) THE FUND CONSISTS O F: 19
(1) REVENUE DISTRIBUTED T O THE FUND BASED ON REVENUE S 20
FROM ADULT –USE CANNABIS; 21
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 22
AND 23
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 24
THE BENEFIT OF THE FUND. 25
(F) THE FUND MAY BE USED ONLY FOR : 26
(1) SUPPORTING THE ADVISORY COUNCIL IN PERFORMING ITS 27
DUTIES; 28
114 SENATE BILL 833
(2) SUPPORTING DATA COLLE CTION AND RESEARCH O N THE 1
EFFECTS OF CANNABIS LEGALIZATION IN THE STATE; 2
(3) PROVIDING FUNDING FOR EDUCATION AND PUBLIC AWARENESS 3
CAMPAIGNS RELAT ED TO CANNABIS USE , INCLUDING FUNDING FO R EDUCATIONAL 4
PROGRAMS TO BE USED IN SCHOOLS; 5
(4) SUPPORTING SUBSTANCE USE DISORDER COUNSEL ING AND 6
TREATMENT FOR INDIVI DUALS; AND 7
(5) TRAINING AND EQUIPMENT FOR LAW ENFORCEMENT TO 8
RECOGNIZE IMPAIRMENT S DUE TO CANNABIS; AND 9
(6) PURCHASING TECHNOLOGY PROVEN TO BE EFFECTI VE AT 10
MEASURING CANNABIS L EVELS IN DRIVERS . 11
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 12
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 13
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 14
THE FUND. 15
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 16
WITH THE STATE BUDGET . 17
13–4506. 18
ON OR BEFORE DECEMBER 1 EACH YEAR, THE ADVISORY COUNCIL SHALL 19
REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND, IN 20
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 21
ASSEMBLY. 22
24–501. 23
(a) In this subtitle the following words have the meanings indicated. 24
(B) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THE CRIMINAL 25
LAW ARTICLE. 26
[(b)] (C) “Employee” has the meaning stated in § 5–101 of the Labor and 27
Employment Article. 28
[(c)] (D) “Employer” has the meaning stated in § 5–101 of the Labor and 29
Employment Article. 30 SENATE BILL 833 115
[(d)] (E) “Environmental [tobacco] smoke” means the complex mixture formed 1
from the escaping smoke of a burning tobacco, CANNABIS, OR HEMP product or smoke 2
exhaled by the smoker. 3
[(e)] (F) “Indoor area open to the public” means: 4
(1) An indoor area or a portion of an indoor area accessible to the public by 5
either invitation or permission; or 6
(2) An indoor area of any establishment licensed or permitted under the 7
Alcoholic Beverages Article for the sale or possession of alcoholic beverages. 8
[(f)] (G) “Place of employment” has the meaning stated in § 5–101 of the Labor 9
and Employment Article. 10
[(g)] (H) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or any 11
other matter or substance [that contains tobacco] CONTAINING, WHOLLY OR IN PART , 12
TOBACCO, CANNABIS, OR HEMP. 13
24–502. 14
It is the intent of the General Assembly that the State protect the public and 15
employees from involuntary exposure to environmental [tobacco] smoke in indoor areas 16
open to the public, indoor places of employment, and certain designated private areas. 17
24–503. 18
The purpose of this subtitle is to preserve and improve the health, comfort, and 19
environment of the people of the State by limiting exposure to environmental [tobacco] 20
smoke. 21
24–504. 22
Except as provided in § 24–505 of this subtitle, beginning on February 1, 2008, a 23
person may not smoke in: 24
(1) An indoor area open to the public; 25
(2) An indoor place in which meetings are open to the public in accordance 26
with Title 3 of the General Provisions Article; 27
(3) A government–owned or government–operated means of mass 28
transportation including buses, vans, trains, taxicabs, and limousines; or 29
(4) An indoor place of employment. 30 116 SENATE BILL 833
24–505. 1
This subtitle does not apply to: 2
(1) Private homes, residences, including residences used as a business or 3
place of employment, unless being used by a person who is licensed or registered under 4
Title 5, Subtitle 5 of the Family Law Article to provide child care, and private vehicles, 5
unless being used for the public transportation of children, or as part of health care or child 6
care transportation; 7
(2) A hotel or motel room rented to one or more guests as long as the total 8
percent of hotel or motel rooms being so used does not exceed 25%; 9
(3) A retail tobacco business that is a sole proprietorship, limited liability 10
company, corporation, partnership, or other enterprise, in which: 11
(i) The primary activity is the retail sale of tobacco products and 12
accessories; and 13
(ii) The sale of other products is incidental; 14
(4) Any facility of a manufacturer, importer, wholesaler, or distributor of 15
tobacco products or of any tobacco leaf dealer or processor in which employees of the 16
manufacturer, importer, wholesaler, distributor, or processor work or congregate; or 17
(5) A research or educational laboratory for the purpose of conducting 18
scientific research into the health effects of tobacco smoke. 19
24–507. 20
(a) The Department shall adopt regulations that prohibit environmental 21
[tobacco] smoke in indoor areas open to the public. 22
(b) On or before September 30 of each year, the Department shall report, in 23
accordance with § 2–1257 of the State Government Article, to the General Assembly on: 24
(1) The enforcement efforts of the Department to eliminate environmental 25
[tobacco] smoke in indoor areas open to the public during the prior year; and 26
(2) The results of these enforcement efforts. 27
24–508. 28
(a) Subject to subsection (c) of this section and except as provided in subsection 29
(d) of this section, a person who violates a provision of this subtitle or a regulation adopted 30
under § 24–507(a) of this subtitle: 31 SENATE BILL 833 117
(1) For a first violation, shall be issued a written reprimand by the 1
Secretary or the Secretary’s designee; 2
(2) For a second violation, is subject to a civil penalty of $100; and 3
(3) For each subsequent violation, is subject to a civil penalty not less than 4
$250. 5
(b) The Secretary may waive a penalty established under subsection (a) of this 6
section, giving consideration to factors that include: 7
(1) The seriousness of the violation; and 8
(2) Any demonstrated good faith measures to comply with the provisions of 9
this subtitle. 10
(c) (1) This subsection does not apply to an alleged violation of subsection (d) 11
of this section. 12
(2) It is an affirmative defense to a complaint brought against a person for 13
a violation of a provision of this subtitle or a regulation adopted under this subtitle that the 14
person or an employee of the person: 15
(i) Posted a “No Smoking” sign as required under § 24–506 of this 16
subtitle; 17
(ii) Removed all ashtrays and other smoking paraphernalia from all 18
areas where smoking is prohibited; and 19
(iii) If the violation occurred in a bar, tavern, or restaurant: 20
1. Refused to seat or serve any individual who was smoking 21
in a prohibited area; and 22
2. If the individual continued to smoke after an initial 23
warning, asked the individual to leave the establishment. 24
(d) An employer who discharges or discriminates against an employee because 25
that employee has made a complaint, has given information to the Department in 26
accordance with this subtitle, has caused to be instituted or is about to cause to be instituted 27
a proceeding under this subtitle, or has testified or is about to testify in a proceeding under 28
this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil 29
penalty of at least $2,000 but not more than $10,000 for each violation. 30
(e) (1) An employee may not: 31
118 SENATE BILL 833
(i) Make a groundless or malicious complaint under this subtitle to 1
the Secretary or an authorized representative of the Secretary; 2
(ii) In bad faith, bring an action under this subtitle; or 3
(iii) In bad faith, testify in an action under this subtitle or a 4
proceeding that relates to the subject of this subtitle. 5
(2) The Secretary may bring an action for injunctive relief and damages 6
against a person who violates the provisions of paragraph (1) of this subsection. 7
(f) A penalty collected by the Secretary under this section shall be paid to the 8
Cigarette Restitution Fund established under § 7–317 of the State Finance and 9
Procurement Article. 10
24–510. 11
Nothing in this subtitle shall be construed to preempt a county or municipal 12
government from enacting and enforcing more stringent measures to reduce involuntary 13
exposure to environmental [tobacco] smoke. 14
SECTION 6. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
as follows: 16
Article – Criminal Law 17
10–123. 18
(a) In this part the following words have the meanings indicated. 19
(b) “Alcoholic beverage” has the meaning stated in § 21–903 of the Transportation 20
Article. 21
(c) “Bus” has the meaning stated in § 11–105 of the Transportation Article. 22
(D) “CANNABIS” HAS THE MEANING STAT ED IN § 5–101 OF THIS ARTICLE. 23
[(d)] (E) “Highway” has the meaning stated in § 11–127 of the Transportation 24
Article. 25
[(e)] (F) “Limousine” has the meaning stated in § 11 –129.1 of the 26
Transportation Article. 27
[(f)] (G) “Motor home” has the meaning stated in § 11 –134.3 of the 28
Transportation Article. 29
SENATE BILL 833 119
[(g)] (H) (1) “Motor vehicle” means a vehicle that: 1
(i) is self–propelled or propelled by electric power obtained from 2
overhead electrical wires; and 3
(ii) is not operated on rails. 4
(2) “Motor vehicle” includes: 5
(i) a low speed vehicle, as defined in § 11 –130.1 of the 6
Transportation Article; 7
(ii) a moped, as defined in § 11–134.1 of the Transportation Article; 8
and 9
(iii) a motor scooter, as defined in § 11–134.5 of the Transportation 10
Article. 11
[(h)] (I) “Moving violation” has the meaning stated in § 11–136.1 of the 12
Transportation Article. 13
[(i)] (J) “Open container” means a bottle, can, or other receptacle: 14
(1) that is open; 15
(2) that has a broken seal; or 16
(3) from which the contents are partially removed. 17
[(j)] (K) “Passenger area” has the meaning stated in § 21–903 of the 18
Transportation Article. 19
[(k)] (L) “Taxicab” has the meaning stated in § 11–165 of the Transportation 20
Article. 21
10–125. 22
(a) (1) Except as otherwise provided in subsection (c) of this section, an 23
occupant of a motor vehicle may not possess an open container that contains any amount 24
of an alcoholic beverage in a passenger area of a motor vehicle on a highway. 25
(2) A driver of a motor vehicle may not be subject to prosecution for a 26
violation of this subsection based solely on possession of an open container that contains 27
any amount of an alcoholic beverage by another occupant of the motor vehicle. 28
(b) (1) This subsection does not apply to the driver of a motor vehicle. 29
120 SENATE BILL 833
(2) Except as otherwise provided in subsection (c) of this section, an 1
occupant of a motor vehicle may not consume an alcoholic beverage in a passenger area of 2
a motor vehicle on a highway. 3
(3) AN OCCUPANT OF A MOTO R VEHICLE MAY NOT SM OKE CANNABIS 4
IN A PASSENGER AREA OF A MOTOR VEHICLE O N A HIGHWAY. 5
(c) Subsections (a)(1) and (b)(2) of this section do not apply to an occupant, who 6
is not the driver, in: 7
(1) a motor vehicle designed, maintained, and used primarily for the 8
transportation of a person for compensation, including: 9
(i) a bus; 10
(ii) a taxicab; or 11
(iii) a limousine; or 12
(2) the living quarters of a motor home, motor coach, or recreational 13
vehicle. 14
(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 15
Article, or any other provision of law, the prohibitions contained in this section apply 16
throughout the State. 17
(e) A violation of this section is not: 18
(1) a moving violation for the purposes of § 16–402 of the Transportation 19
Article; or 20
(2) a traffic violation for the purposes of the Maryland Vehicle Law. 21
Article – Health – General 22
SUBTITLE 46. COMMUNITY REINVESTMENT AND REPAIR FUND. 23
13–4601. 24
(A) (1) THERE IS A COMMUNITY REINVESTMENT AND REPAIR FUND. 25
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO 26
COMMUNITY –BASED ORGANIZATIONS THAT SERVE COMMUNITI ES DETERMINED BY 27
THE OFFICE OF THE ATTORNEY GENERAL TO HAVE BEEN THE MOST IMPACTED BY 28
DISPROPORTIONATE ENF ORCEMENT OF THE CANN ABIS PROHIBITION BEF ORE JULY 29
1, 2022. 30 SENATE BILL 833 121
(3) THE COMPTROLLER SHALL ADM INISTER THE FUND. 1
(4) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 2
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 3
(II) THE STATE TREASURER SHALL HOLD THE FUND 4
SEPARATELY, AND THE COMPTROLLER SHALL ACCOUN T FOR THE FUND. 5
(5) THE FUND CONSISTS OF : 6
(I) REVENUE DISTRIBUTED T O THE FUND THAT IS AT LEAST 7
30% OF THE REVENUES FROM ADULT–USE CANNABIS; 8
(II) LICENSING FEES PAID BY DUAL–LICENSED CANNABIS 9
ESTABLISHMENTS ; AND 10
(III) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D 11
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 12
BY THE COMPTROLLER FOR THE A CCEPTANCE OF DONATIO NS OR GIFTS TO THE 13
FUND. 14
(6) (I) THE FUND MAY BE USED ONLY FOR: 15
1. FUNDING COMMUNITY –BASED INITIATIVES 16
INTENDED TO BENEFIT LOW–INCOME COMMUNITIES ; 17
2. FUNDING COMMUNITY –BASED INITIATIVES TH AT 18
SERVE COMMUNITIES DI SPROPORTIONATELY HAR MED BY THE CANNABIS 19
PROHIBITION AND ENFO RCEMENT; AND 20
3. ANY RELATED ADMINISTR ATIVE EXPENSES . 21
(II) MONEY MAY NOT BE EXPE NDED FROM THE FUND FOR LAW 22
ENFORCEMENT AGENCIES OR ACTIVITIES. 23
(III) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO 24
AND MAY NOT SUPPLANT FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED 25
FOR PREEXISTING LOCA L GOVERNMENT PROGRAM S. 26
(7) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 27
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 28
122 SENATE BILL 833
(8) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO: 1
(I) THE GENERAL FUND OF THE STATE; OR 2
(II) ANY OTHER SPECIAL FUN D OF THE STATE. 3
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND. 4
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 5
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 6
(B) (1) THE COMPTROLLER SHALL DIS TRIBUTE FUNDS FROM T HE FUND 7
TO EACH COUNTY IN AN AMOUNT THAT , FOR THE PERIOD FROM JULY 1, 2002, TO 8
JUNE 30, 2022, BOTH INCLUSIVE , IS PROPORTIONATE TO THE TOTAL NUMBER OF 9
MARIJUANA ARRESTS IN THE COUNTY COMPARED TO THE TOTAL NUMBER OF 10
MARIJUANA ARRESTS IN THE STATE. 11
(2) (I) SUBJECT TO THE LIMITA TIONS UNDER SUBSECTI ON (A)(6) 12
OF THIS SECTION, EACH COUNTY SHALL AD OPT A LAW ESTABLISHI NG THE PURPOSE 13
FOR WHICH MONEY RECE IVED FROM THE FUND MAY BE USED . 14
(II) ON OR BEFORE DECEMBER 1 EVERY 2 YEARS, BEGINNING 15
IN 2024, EACH LOCAL JU RISDICTION SHALL SUB MIT A REPORT TO THE GOVERNOR 16
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 17
SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE FINANCE COMMITTEE, 18
THE HOUSE JUDICIARY COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT 19
OPERATIONS COMMITTEE ON HOW FUND S RECEIVED FROM THE FUND WERE SPENT 20
DURING THE IMMEDIATE LY PRECEDING 2 FISCAL YEARS. 21
Article – Tax – General 22
TITLE 12.5. CANNABIS TAX. 23
12.5–101. 24
(A) THIS SECTION IS NOT A PPLICABLE TO MEDICAL CANNABIS SOLD UNDER 25
TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 26
(B) (1) UNTIL APRIL 1, 2026, A 10% EXCISE TAX IS IMPOSE D ON THE SALE 27
OR TRANSFER OF CANNA BIS FROM A CANNABIS ESTABLISHMENT LICENS ED UNDER 28
TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 29
(2) FROM APRIL 1, 2026, TO MARCH 30, 2028, BOTH INCLUSIVE , A 30
15% EXCISE TAX IS IMPOSE D ON THE SALE OR TRA NSFER OF CANNABIS FR OM A 31 SENATE BILL 833 123
CANNABIS ESTABLISHME NT LICENSED UNDER TITLE 23 OF THE HEALTH – GENERAL 1
ARTICLE TO A CONSUMER . 2
(3) BEGINNING APRIL 1, 2028, A 20% EXCISE TAX IS IMPO SED ON THE 3
SALE OR TRANSFER OF CANNABIS FROM A CANN ABIS ESTABLISHMENT L ICENSED 4
UNDER TITLE 23 OF THE HEALTH – GENERAL ARTICLE TO A CONSUMER . 5
(C) SALES OF CANNABIS BY A CANNABIS ESTABLISH MENT TO A CONSUMER 6
ARE NOT SUBJECT TO A SALES AND USE TAX IM POSED UNDER TITLE 11 OF THIS 7
ARTICLE. 8
(D) (1) TAXES IMPOSED UNDER T HIS SECTION SHALL AP PLY ONLY AT THE 9
POINT OF SALE TO A C ONSUMER. 10
(2) NO TAXES SHALL APPLY TO SALES OR TRANSFER S OF CANNABIS 11
BETWEEN CANNABIS EST ABLISHMENTS . 12
12.5–102. 13
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A COUNTY 14
MAY IMPOSE A SALES T AX NOT EXCEEDING 3% ON SALES OF CANNABIS AND 15
CANNABIS PRODUCTS TO CONSUMERS WITHIN ITS JURISDICTION. 16
(B) A COUNTY MAY NOT IMPOS E A SALES TAX UNDER SUBSECTION (A) OF 17
THIS SECTION ON SALE S OF MEDICAL CANNABIS UND ER TITLE 23 OF THE HEALTH – 18
GENERAL ARTICLE. 19
12.5–103. 20
(A) (1) IN THIS SECTION, “FUND” MEANS THE CANNABIS REGULATION 21
FUND. 22
(2) THERE IS A CANNABIS REGULATION FUND. 23
(3) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDS TO BE 24
DISTRIBUTED AND USED IN ACCORDANCE WITH S UBSECTION (C) OF THIS SECTION. 25
(4) THE ALCOHOL AND TOBACCO COMMISSION SHALL ADMI NISTER 26
THE FUND. 27
(5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 28
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 29
124 SENATE BILL 833
(II) THE STATE TREASURER SHALL HOLD THE FUND 1
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
(6) THE FUND CONSISTS OF : 3
(I) ALL APPLICATION AND LICENSING FEES PAID BY CANNABIS 4
ESTABLISHMENTS UNDER TITLE 23, SUBTITLE 4 OF THE HEALTH – GENERAL 5
ARTICLE, EXCEPT FOR RETAILER AND DUAL LICENSE FEE S THAT ARE PAYABLE 6
DIRECTLY TO THE SOCIAL EQUITY START–UP FUND; 7
(II) ALL TAXES COLLECTED UNDER § 12.5–101 OF THIS TITLE; 8
(III) INTEREST EARNINGS ; AND 9
(IV) ANY OTHER M ONEY FROM ANY OTHER SOURCE ACCEPTED 10
FOR THE BENEFIT OF T HE FUND, IN ACCORDANCE WITH A NY CONDITIONS ADOPTE D 11
BY THE ALCOHOL AND TOBACCO COMMISSION FOR THE AC CEPTANCE OF 12
DONATIONS OR GIFTS T O THE FUND. 13
(7) THE FUND MAY BE USED ONLY FOR CARRYING OUT THI S TITLE. 14
(8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 15
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 16
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 17
CREDITED TO THE FUND. 18
(9) THE COMPTROLLER SHALL PAY OUT MONEY FROM THE FUND AS 19
DIRECTED BY THE ALCOHOL AND TOBACCO COMMISSION. 20
(10) THE FUND IS SUBJECT TO AU DIT BY THE OFFICE OF LEGISLATIVE 21
AUDITS AS PROVIDED FO R IN § 2–1220 OF THE STATE GOVERNMENT ARTICLE. 22
(B) ON OR BEFORE MARCH 15 EACH YEAR, THE ALCOHOL AND TOBACCO 23
COMMISSION SHALL PRODUC E AND PUBLISH ON ITS WEBSITE A DETAILED R EPORT 24
ON REVENUES AND EXPE NDITURES FROM THE FUND, INCLUDING A DETAILED 25
REPORTING OF MONEY R ETAINED AND SPENT TO DEFRAY THE COST OF 26
ADMINISTRATION OF TH IS TITLE. 27
(C) THE FUND SHALL BE DISTRIB UTED AS FOLLOWS: 28
(1) THE ALCOHOL AND TOBACCO COMMISSION SHALL RETA IN 29
SUFFICIENT MONEY TO DEFRAY THE ENTIRE CO ST OF ADMINISTRATION OF THIS 30
TITLE; AND 31 SENATE BILL 833 125
(2) REVENUES GENERATED I N EXCESS OF THE AMOU NT OF THOSE 1
NECESSARY TO DEFRAY THE ENTIRE COST OF A DMINISTRATION OF THIS TITLE 2
SHALL BE DISTRIBUTED NOT LESS THAN ONCE E VERY QUARTER AS FOLL OWS: 3
(I) 25% TO THE COMMUNITY REINVESTMENT AND REPAIR 4
FUND, ESTABLISHED UNDER § 23–204 OF THE HEALTH – GENERAL ARTICLE; 5
(II) 10% TO THE SOCIAL EQUITY START–UP FUND; 6
(III) 3% FOR TECHNICAL ASSIST ANCE FOR SOCIAL EQUI TY AND 7
MINORITY BUSINESS CA NNABIS ESTABLISHMENT APPLICANTS; 8
(IV) 5% TO THE CANNABIS EDUCATION AND TRAINING FUND, 9
ESTABLISHED UNDER § 23–203 OF THE HEALTH – GENERAL ARTICLE; 10
(V) 20% TO THE MARYLAND DEPARTMENT OF HEALTH FOR 11
USE IN EVIDENCE –BASED, VOLUNTARY PROGRAMS F OR THE PREVENTION OR 12
TREATMENT OF SUBSTAN CE ABUSE OR MENTAL H EALTH ISSUES; 13
(VI) 2% TO THE MARYLAND DEPARTMENT OF HEALTH FOR A 14
SCIENTIFICALLY AND M EDICALLY ACCURATE PU BLIC EDUCATION CA MPAIGN 15
EDUCATING YOUTH AND ADULTS ABOUT THE HEA LTH AND SAFETY RISKS OF 16
ALCOHOL, TOBACCO, CANNABIS, AND OTHER SUBSTANCES , INCLUDING THE RISKS 17
OF DRIVING WHILE IMP AIRED; 18
(VII) 2% TO THE MARYLAND DEPARTMENT OF HEALTH TO FUND 19
DIVERSE SCIENTIFIC , ACADEMIC, OR MEDICAL RESEARCH ON CANNABIS OR 20
ENDOCANNABINOIDS , INCLUDING RESEARCH E XPLORING THE BENEFIT S OF 21
CANNABIS, ON THE CONDITION THA T ALL FUNDED RESEARC H DATA, RESULTS, AND 22
PAPERS MU ST BE RELEASED INTO THE PUBLIC DOMAIN AN D MUST BE PUBLISHED 23
FOR FREE AND OPEN AC CESS BY THE PUBLIC A ND BY OTHER RESEARCH ERS; 24
(VIII) 1% TO THE DEPARTMENT OF STATE POLICE FOR 25
ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT AND DRUG 26
RECOGNITION EXPERT (DRE) TRAINING; 27
(IX) 10% TO THE ENDOWMENTS OF THE STATE’S HISTORICALLY 28
BLACK COLLEGES AND U NIVERSITIES; 29
(X) 15% TO LOCAL IMPACT AID ; AND 30
(XI) 7% TO THE GENERAL FUND OF THE STATE. 31
126 SENATE BILL 833
12.5–104. 1
NOTWITHSTANDING ANY F EDERAL TAX LAW TO TH E CONTRARY , IN 2
COMPUTING NET INCOME FOR BUSINESSES EXEMP TED FROM CRIMINAL PE NALTIES 3
UNDER STATE LAW, THERE SHALL BE ALLOW ED AS A DEDUCTION FR OM STATE 4
TAXES ALL THE ORDINA RY AND NECESSARY EXP ENSES PAID OR INCURR ED DURING 5
THE TAXABLE YEAR IN CARRYING ON A TRADE OR BUSINE SS AS A CANNABIS 6
ESTABLISHMENT AS DEF INED BY § 23–101 OF THE HEALTH – GENERAL ARTICLE, OR 7
AN ENTITY LICENSED U NDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL 8
ARTICLE, INCLUDING REASONABLE ALLOWANCE FOR SALARI ES OR OTHER 9
COMPENSATION FOR PER SONAL SERVICE S ACTUALLY RENDERED . 10
Article – Transportation 11
21–902. 12
(a) (1) (i) A person may not drive or attempt to drive any vehicle while 13
under the influence of alcohol. 14
(ii) A person may not drive or attempt to drive any vehicle while the 15
person is under the influence of alcohol per se. 16
(iii) 1. IN THIS SUBPARAGRAPH , “UNDER THE INFLUENCE OF 17
CANNABIS PER SE ” MEANS HAVING A CONCE NTRATION AT THE TIME OF TESTING OF 18
5 NANOGRAMS OR MORE OF DELTA–9–TETRAHYDROCANNABINOL AS MEASURED 19
PER MILLILITER OF BL OOD. 20
2. A PERSON MAY NOT DRIVE OR ATTEMPT TO DRIVE 21
ANY VEHICLE WHILE TH E PERSON IS UNDER TH E INFLUENCE OF CANNA BIS PER SE. 22
(IV) A person convicted of a violation of this paragraph is subject to: 23
1. For a first offense, imprisonment not exceeding 1 year or 24
a fine not exceeding $1,000 or both; and 25
2. For a second offense, imprisonment not exceeding 2 years 26
or a fine not exceeding $2,000 or both. 27
[(iv)] (V) For the purpose of determining subsequent offender 28
penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) 29
of this section, within 5 years before the conviction for a violation of this paragraph, shall 30
be considered a prior conviction. 31
(2) (i) A person may not violate paragraph (1) of this subsection while 32
transporting a minor. 33 SENATE BILL 833 127
(ii) A person convicted of a violation of this paragraph is subject to: 1
1. For a first offense, imprisonment not exceeding 2 years or 2
a fine not exceeding $2,000 or both; and 3
2. For a second offense, imprisonment not exceeding 3 years 4
or a fine not exceeding $3,000 or both. 5
(iii) For the purpose of determining subsequent offender penalties for 6
a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 7
(c)(2), or (d)(2) of this section shall be considered a prior conviction. 8
(3) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECU TION UNDER 9
PARAGRAPH (1)(III) OF THIS SUBSECTION T HAT THE DEFENDANT WA S NOT 10
ACTUALLY UNDER THE I NFLUENCE OF CANNABIS . 11
21–903. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented 14
liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for 15
beverage purposes. 16
(3) “CANNABIS” HAS THE MEANING STATED IN § 5–101 OF THE 17
CRIMINAL LAW ARTICLE. 18
[(3)] (4) (i) “Passenger area” means an area that: 19
1. Is designed to seat the driver and any passenger of a motor 20
vehicle while the motor vehicle is in operation; or 21
2. Is readily accessible to the driver or a passenger of a motor 22
vehicle while in their seating positions. 23
(ii) “Passenger area” does not include: 24
1. A locked glove compartment; 25
2. The trunk of a motor vehicle; or 26
3. If a motor vehicle is not equipped with a trunk, the area 27
behind the rearmost upright seat or an area that is not normally occupied by the driver or 28
a passenger of the motor vehicle. 29
128 SENATE BILL 833
(b) This section applies to a motor vehicle that is driven, stopped, standing, or 1
otherwise located on a highway. 2
(c) A driver of a motor vehicle may not consume an alcoholic beverage, OR SMOKE 3
OR CONSUME CANNABIS , in a passenger area of a motor vehicle on a highway. 4
(d) Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages 5
Article, or any other provision of law, the prohibition contained in this section applies 6
throughout the State. 7
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before November 15, 8
2022, the President of the Senate of Maryland and the Speaker of the House of Delegates 9
acting jointly may submit to the Governor the names of five individuals who are qualified 10
and suitable to serve as Executive Director of the Office of Social Equity, established under 11
§ 23–201 of the Health – General Article, as enacted under Section 2 of this Act. 12
SECTION 4. AND BE IT FURTHER ENACTED, That, on or before January 1, 2023, 13
the Governor shall select an Executive Director of the Office of Social Equity from among 14
the five individuals whose names were submitted under Section 3 of this Act. 15
SECTION 5. AND BE IT FURTHER ENACTED, That: 16
(a) On or before April 1, 2023, and January 1, 2025, the Office of Social Equity 17
and the Alcohol and Tobacco Commission, in consultation with the certification agency as 18
defined in § 14–301 of the State Finance and Procurement Article, the Governor’s Office of 19
Small, Minority, and Women Business Affairs, and the Office of the Attorney General, 20
shall: 21
(1) study the cannabis industry and market to determine whether there is 22
a compelling reason to implement remedial measures to assist minorities and women in 23
the cannabis industry, including: 24
(i) applying the State Minority Business Enterprise Program under 25
Title 14, Subtitle 3 of the State Finance and Procurement Article or a similar program; and 26
(ii) considerations of race, ethnicity, and wealth in the definition of 27
“social equity applicant”; 28
(2) evaluate race–neutral programs or other methods that may be used to 29
address the needs of minority applicants and minority–owned businesses seeking to 30
participate in the cannabis industry; and 31
(3) if necessary, adopt regulations to implement remedial measures based 32
on the findings of the study and evaluation described in items (1) and (2) of this subsection. 33
(b) The Alcohol and Tobacco Commission may report to the General Assembly, in 34
accordance with § 2–1257 of the State Government Article, any information that the 35 SENATE BILL 833 129
Commission determines to be necessary to the consideration, development, or 1
implementation of any remedial measure implemented under this section. 2
SECTION 6. AND BE IT FURTHER ENACTED, That the General Assembly 3
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 4
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 5
Constitution concerning local approval of constitutional amendments do not apply. 6
SECTION 7. AND BE IT FURTHER ENACTED, That: 7
(a) The amendment to the Maryland Constitution proposed by Section 1 of this 8
Act shall be submitted to the qualified voters of the State at the next general election to be 9
held in November 2022 for adoption or rejection pursuant to Article XIV of the Maryland 10
Constitution. 11
(b) (1) At that general election, the vote on the proposed amendment to the 12
Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 13
Constitutional Amendment” and “Against the Constitutional Amendment”, as now 14
provided by law. 15
(2) At that general election, a question substantially similar to the 16
following shall be submitted to the qualified voters of the State: 17
“Question ___ – Constitutional Amendment 18
Do you favor the legalization of adult–use cannabis in the State of Maryland that 19
complies with a legal framework established by the legislature to provide for limits on use 20
amounts and the regulation and taxation of the market for the production and sale of 21
cannabis in the State?”. 22
(c) Immediately after the election, all returns shall be made to the Governor of 23
the vote for and against the proposed amendment, as directed by Article XIV of the 24
Maryland Constitution, and further proceedings had in accordance with Article XIV. 25
SECTION 8. AND BE IT FURTHER ENACTED, That Section 2 of this Act is 26
contingent on the passage of Section 1 of this Act, a constitutional amendment, and its 27
ratification by the voters of the State. 28
SECTION 9. AND BE IT FURTHER ENACTED, That, subject to the provisions of 29
Section 8 of this Act, Section 2 of this Act shall take effect on the proclamation of the 30
Governor that the constitutional amendment, having received a majority of the votes cast 31
at the general election, has been adopted by the people of Maryland. 32
SECTION 10. AND BE IT FURTHER ENACTED, That, subject to the provisions of 33
Sections 7 and 9 of this Act, this Act shall take effect October 1, 2022. 34
130 SENATE BILL 833
SECTION 7. AND BE IT FURTHER ENACTED, That the terms of the initial 1
appointed members of the Cannabis Public Health Advisory Council shall expire as follows: 2
(1) three members in 2025; 3
(2) three members in 2026; and 4
(3) four members in 2027. 5
SECTION 8. AND BE IT FURTHER ENACTED, That, if the voters ratify 6
Chapter ___ (H.B. 1) of the Acts of the General Assembly of 2022, legalizing cannabis in the 7
State, it is the intent of the General Assembly that: 8
(1) the Office of the Executive Director of the Alcohol and Tobacco 9
Commission shall be the successor of the Natalie M. LaPrade Medical Cannabis 10
Commission in matters concerning the regulation of medical cannabis; 11
(2) the transfer of personnel from the Natalie M. LaPrade Medical 12
Cannabis Commission to the Office of the Executive Director of the Alcohol and Tobacco 13
Commission shall be studied jointly by the Commissions; and 14
(3) on or before January 1, 2023, the Commissions shall mak e a 15
recommendation to the General Assembly, in accordance with § 2–1257 of the State 16
Government Article, on how to transfer personnel in a manner that: 17
(i) will minimize the costs of the transfer and result in a more 18
cost–efficient operation for the regulation of cannabis for the protection of the public health, 19
safety, and welfare of the State; 20
(ii) does not result in any diminution of pay, working conditions, 21
benefits, rights, or status; and 22
(iii) allows personnel to retain any merit system and retirement 23
status they may have on the date of transfer. 24
SECTION 9. AND BE IT FURTHER ENACTED, That: 25
(a) The certification agency designated by the Board of Public Works under § 26
14–303(b) of the State Finance and Procurement Article, in consultation with the 27
Governor’s Office of Small, Minority, and Women Business Affairs, the General Assembly, 28
and the Office of the Attorney General, shall review the Business Disparities in the 29
Maryland Market Area study completed on February 8, 2017, the Analysis of the Maryland 30
Medical Cannabis Industry report completed on December 8, 2017, and the analysis of the 31
industry report completed on January 17, 2018, to evaluate whether the data and analyses 32
in the study and reports are sufficient to determine whether the enactment of remedial 33
measures to assist minorities and women in the adult–use cannabis industry and market 34 SENATE BILL 833 131
would comply with the requirements of City of Richmond v. J. A. Croson Co., 488 U.S. 469, 1
and any subsequent federal or constitutional requirements. 2
(b) (1) If a determination is made that the data and analyses in the study and 3
reports reviewed under subsection (a) of this section are sufficient to determine whether 4
the enactment of remedial measures to assist minorities and women in the adult–use 5
cannabis industry and market would comply with the requirements of the Croson decision 6
and any subsequent federal or constitutional requirements, the certification agency shall 7
submit the findings of the review to the Legislative Policy Committee, in accordance with 8
§ 2–1257 of the State Government Article, on or before July 1, 2022, so that the General 9
Assembly may review the findings before the 2023 legislative session. 10
(2) (i) If a determination is made that the data and analyses in the 11
study and reports reviewed under subsection (a) of this section are insufficient to determine 12
whether the enactment of remedial measures to assist minorities and women in the 13
adult–use cannabis industry and market would comply with the requirements of the Croson 14
decision and any subsequent federal or constitutional requirements, the certification 15
agency and the Department of Legislative Services, in consultation with the Governor’s 16
Office of Small, Minority, and Women Business Affairs, the General Assembly, and the 17
Office of the Attorney General, shall initiate a study of the cannabis industry to evaluate 18
whether the enactment of remedial measures to assist minorities and women in the 19
adult–use cannabis industry and market would comply with the requirements of the Croson 20
decision and any subsequent federal or constitutional requirements. 21
(ii) The certification agency shall submit the findings of the study 22
initiated in accordance with subparagraph (i) of this paragraph to the Legislative Policy 23
Committee, in accordance with § 2–1257 of the State Government Article, on or before 24
November 1, 2022, so that the General Assembly may review the findings before the 2023 25
legislative session. 26
(c) (1) The Natalie M. LaPrade Medical Cannabis Commission shall require 27
licensed growers, processors, and dispensaries and preapproved applicants for licensure 28
under Title 13, Subtitle 33 of the Health – General Article to provide to the Commission 29
any information determined to be necessary to continue to assess the need for remedial 30
measures in the cannabis industry and market that may include the following data broken 31
down by State fiscal year for the period beginning July 1, 2016, and ending June 30, 2022: 32
(i) a list of the licensee’s or applicant’s expenditures for each State 33
fiscal year; and 34
(ii) for each expenditure, a description of the work performed, the 35
dollar value of the expenditure, whether the work was performed by the licensee or a 36
contractor or subcontractor, and, if performed by a contractor or subcontractor, the name 37
of the entity that performed the work. 38
(2) Each licensed grower, processor, and dispensary and preapproved 39
applicant for licensure under Title 13, Subtitle 33 of the Health – General Article shall 40 132 SENATE BILL 833
provide the data requested under paragraph (1) of this subsection to the Commission on or 1
before July 1, 2022. 2
(3) The Commission shall provide the data collected under paragraph (1) 3
of this subsection to the certification agency on or before July 15, 2022. 4
(4) All data provided by each licensed grower, processor, and dispensary 5
and preapproved applicant for licensure under Title 13, Subtitle 33 of the Health – General 6
Article under this subsection: 7
(i) shall constitute confidential commercial information and 8
confidential financial information and be treated as confidential by the Commission and 9
the State; and 10
(ii) may be used only for purposes authorized under this section and 11
be disclosed to the public only in an anonymized or aggregated format. 12
(d) The Governor’s Office of Small, Minority, and Women Business Affairs, in 13
consultation with the certification agency and the Office of the Attorney General, shall 14
develop race– and gender–neutral approaches to address the needs of minority and women 15
applicants and minority– and women–owned businesses seeking to participate in the 16
adult–use cannabis industry and submit a report of its findings to the Legislative Policy 17
Committee, in accordance with § 2–1257 of the State Government Article, on or before 18
October 15, 2022, so that the General Assembly may review, consider, and adopt race– and 19
gender–neutral alternatives in any legislation adopted concerning the adult–use cannabis 20
industry. 21
SECTION 10. AND BE IT FURTHER ENACT ED, That: 22
(a) The Natalie M. LaPrade Medical Cannabis Commission shall study and make 23
recommendations on: 24
(1) a home grow program to authorize qualifying patients to grow cannabis 25
plants for personal use; 26
(2) the establishment of on–site cannabis consumption facilities; and 27
(3) methods to reduce the use of cannabis by minors, including best 28
practices regarding requirements related to advertising, potency, packaging, labeling, and 29
other methods to reduce the appeal of cannabis to minors. 30
(b) The study required under subsection (a) of this section shall identify methods 31
adopted by the Natalie M. LaPrade Medical Cannabis Commission through regulations as 32
well as best practices implemented in other states. 33
(c) On or before November 1, 2022, the Natalie M. LaPrade Medical Cannabis 34
Commission shall report its findings and recommendations for the program to the Governor 35 SENATE BILL 833 133
and, in accordance with § 2–1257 of the State Government Article, the Senate Finance 1
Committee, the Senate Judicial Proceedings Committee, the House Judiciary Committee, 2
and the House Health and Government Operations Committee. 3
SECTION 11. AND BE IT FURTHER ENACTED, That the State may not issue 4
applications for new licenses to an adult–use cannabis cultivator, processor, retailer, or any 5
other adult–use cannabis establishment until the report required under Section 9 of this 6
Act is received and reviewed by the Legislative Policy Committee. 7
SECTION 12. AND BE IT FURTHER ENACTED, That, on or before December 1, 8
2022, the Attorney General shall, in accordance with § 2–1257 of the State Government 9
Article, provide to the General Assembly a formal opinion regarding the impact of cannabis 10
legalization on the authority of police officers to conduct searches of individuals and 11
vehicles based on detection of the odor of burnt or unburnt cannabis, including in cases 12
involving suspicion of possession with intent to distribute cannabis, growing or 13
manufacturing cannabis or cannabis products, or driving under the influence of cannabis. 14
SECTION 13. AND BE IT FURTHER ENACTED, That the publishers of the 15
Annotated Code of Maryland, in consultation with and subject to the approval of the 16
Department of Legislative Services, shall correct, with no further action required by the 17
General Assembly, cross–references and terminology rendered incorrect by this Act. 18
References to the term “marijuana” shall be replaced with references to the term 19
“cannabis”. The publishers shall adequately describe any correction that is made in an 20
editor’s note following the section affected. 21
SECTION 14. AND BE IT FURTHER ENACTED, That Sections 2, 3, 4, 5, 6, 7, and 22
8 of this Act are contingent on the passage of Chapter ___ (H.B. 1) of the Acts of the General 23
Assembly of 2022, a constitutional amendment, and its ratification by the voters of the 24
State. 25
SECTION 15. AND BE IT FURTHER ENACTED, That, subject to the provisions of 26
Section 14 of this Act, Section 3 of this Act shall take effect January 1, 2023. Section 3 of 27
this Act shall remain effective for a period of 6 months and, at the end of June 30, 2023, 28
Section 3 of this Act, with no further action required by the General Assembly, shall be 29
abrogated and of no further force and effect. 30
SECTION 16. AND BE IT FURTHER ENACTED, That, subject to the provisions of 31
Section 14 of this Act, Section 4 of this Act shall take effect July 1, 2023. 32
SECTION 17. AND BE IT FURTHER ENACTED, That, subject to the provisions of 33
Section 14 of this Act, Section 6 of this Act shall take effect July 1, 2023. 34
SECTION 18. AND BE IT FURTHER ENACTED, That, subject to the provisions of 35
Section 14 of this Act, Sections 2, 5, and 7 of this Act shall take effect January 1, 2023. 36
SECTION 19. AND BE IT FURTHER ENACTED, That, except as provided in 37
Sections 15, 16, 17, and 18 of this Act, this Act shall take effect June 1, 2022. 38