Maryland 2024 Regular Session

Maryland House Bill HB253 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 241
2	1
3		-	– 1 –
4		-	Chapter 241
5		-	(House Bill 253)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0253
8	10
9		-	Cannabis Reform – Alterations
	11	+	HOUSE BILL 253
	12	+	A3 EMERGENCY BILL (4lr4578)
	13	+	ENROLLED BILL
	14	+	— Economic Matters/Finance —
	15	+	Introduced by Chair, Economic Matters Committee (By Request – Maryland
	16	+	Cannabis Administration)
10	17
11		-	FOR the purpose of altering the best practices that the Alcohol, Tobacco, and Cannabis
12		-	Commission is required to develop; altering the membership of the Commission;
13		-	making alterations and clarifications related to the duties of the Commission, the
14		-	Office of Social Equity, the Advisory Board on Medical and Adult–Use Cannabis, and
15		-	the Maryland Cannabis Administration; altering the composition of the Advisory
16		-	Board; requiring the Governor to appoint the chair of the Advisory Board to elect a
17		-	chair and removing the Director of the Administration as chair; authorizing
18		-	processors to provide cannabis to cannabis licensees; requiring the Administration
19		-	to register and regulate cannabis nurseries; authorizing the Administration to
20		-	impose certain penalties on a cannabis license or registration for the violation of
21		-	certain laws and regulations; requiring the Administration rather than the
22		-	Comptroller to administer the Cannabis Regulation and Enforcement Fund; altering
23		-	the amount of cannabis that a qualifying patient may possess; altering the amount
24		-	of cannabis that processors may process; altering certain provisions of law related to
25		-	the registration of cannabis agents; providing for the temporary registration of
26		-	cannabis agents; altering certain provisions of law related to advertising and
27		-	cannabis; providing that certain violations may be charged by a citation; authorizing
28		-	the use of the Cannabis Business Assistance Fund for the administrative costs of the
29		-	Fund; authorizing the sharing of certain tax information with the Administration;
30		-	extending the period of time that the Administration is exempt from procurement
31		-	requirements under certain circumstances; and generally relating to medical and
32		-	adult–use cannabis.
	18	+	Read and Examined by Proofreaders:
33	19
34		-	BY repealing and reenacting, without amendments,
35		-	Article – Alcoholic Beverages and Cannabis
36		-	Section 1–101(a), 1–322(a)(1) and (8), 36–101(a) and (h), and 36–206(b)
37		-	Annotated Code of Maryland
38		-	(2016 Volume and 2023 Supplement)
	20	+	_______________________________________________
	21	+	Proofreader.
	22	+	_______________________________________________
	23	+	Proofreader.
39	24
40		-	BY repealing and reenacting, with amendments,
41		-	Article – Alcoholic Beverages and Cannabis
42		-	Section 1–101(d), 1–202, 1–303(a)(1) and (3), 1–308(8) and (9), 1–309.1(d)(5) and
43		-	(f)(2), (e), and (f), 1–309.2, 1–322(a)(7) and (b)(2), 36–101(j), (aa), and (dd),
44		-	36–202, 36–206(d) and (j)(1), 36–302(g), 36–401(c)(1) and (2), (e), and (g),
45		-	36–402(d)(1)(vi) 36–402(b)(2)(i) and (d)(1)(vi), 36–404(i)(3), 36–407(a)(3) and
46		-	(b), 36–409(a), 36–501(a) and (d), 36–505, and 36–903(a), and 36–1102(e) and
47		-	(f)
48		-	Annotated Code of Maryland
49		-	(2016 Volume and 2023 Supplement) Ch. 241 2024 LAWS OF MARYLAND
	25	+	Sealed with the Great Seal and presented to the Governor, for his app roval this
50	26
51		-	~~– 2 –~~
	27	+	_______ day of _______________ at ________________________ o’clock, ________M.
52	28
53		-	BY repealing
54		-	Article – Alcoholic Beverages and Cannabis
55		-	Section 1–308(10) and (11)
56		-	Annotated Code of Maryland
57		-	(2016 Volume and 2023 Supplement)
	29	+	______________________________________________
	30	+	Speaker.
58	31
59		-	BY adding to
60		-	Article – Alcoholic Beverages and Cannabis
61		-	Section 36–101(h–1)
62		-	Annotated Code of Maryland
63		-	(2016 Volume and 2023 Supplement)
	32	+	CHAPTER ______
64	33
65		-	BY repealing and reenacting, without amendments,
66		-	Article – Economic Development
67		-	Section 5–1901(b)
68		-	Annotated Code of Maryland
69		-	(2018 Replacement Volume and 2023 Supplement)
	34	+	AN ACT concerning 1
70	35
71		-	BY repealing and reenacting, with amendments,
72		-	Article – Economic Development
73		-	Section 5–1901(g)(1)
74		-	Annotated Code of Maryland
75		-	(2018 Replacement Volume and 2023 Supplement)
	36	+	Cannabis Reform – Alterations 2
76	37
77		-	BY repealing and reenacting, with amendments,
78		-	Article – Tax – General
79		-	Section 10–208(bb)(1), 10–308(b)(6), and 13–203(c)(10), (14), and (15)
80		-	Annotated Code of Maryland
81		-	(2022 Replacement Volume and 2023 Supplement)
	38	+	FOR the purpose of altering the best practices that the Alcohol, Tobacco, and Cannabis 3
	39	+	Commission is required to develop; altering the membership of the Commission; 4
	40	+	making alterations and clarifications related to the duties of the Commission, the 5
	41	+	Office of Social Equity, the Advisory Board on Medical and Adult–Use Cannabis, and 6
	42	+	the Maryland Cannabis Administration; altering the composition of the Advisory 7
	43	+	Board; requiring the Governor to appoint the chair of the Advisory Board to elect a 8
	44	+	chair and removing the Director of the Administration as chair; authorizing 9
	45	+	processors to provide cannabis to cannabis licensees; requiring the Administration 10
	46	+	to register and regulate cannabis nurseries; authorizing the Administration to 11
	47	+	impose certain penalties on a cannabis license or registration for the violation of 12
	48	+	certain laws and regulations; requiring the Administration rather than the 13
	49	+	Comptroller to administer the Cannabis Regulation and Enforcement Fund; altering 14 2 HOUSE BILL 253
82	50
83		-	BY adding to
84		-	Article – Tax – General
85		-	Section 13–203(c)(16)
86		-	Annotated Code of Maryland
87		-	(2022 Replacement Volume and 2023 Supplement)
88	51
89		-	BY repealing and reenacting, with amendments,
90		-	Chapter 254 of the Acts of the General Assembly of 2023
91		-	Section 10
	52	+	the amount of cannabis that a qualifying patient may possess; altering the amount 1
	53	+	of cannabis that processors may process; altering certain provisions of law related to 2
	54	+	the registration of cannabis agents; providing for the temporary registration of 3
	55	+	cannabis agents; altering certain provisions of law related to advertising and 4
	56	+	cannabis; providing that certain violations may be charged by a citation; authorizing 5
	57	+	the use of the Cannabis Business Assistance Fund for the administrative costs of the 6
	58	+	Fund; authorizing the sharing of certain tax information with the Administration; 7
	59	+	extending the period of time that the Administration is exempt from procurement 8
	60	+	requirements under certain circumstances; and generally relating to medical and 9
	61	+	adult–use cannabis. 10
92	62
93		-	BY repealing and reenacting, with amendments,
94		-	Chapter 255 of the Acts of the General Assembly of 2023
95		-	Section 10
96		-	WES MOORE, Governor Ch. 241
	63	+	BY repealing and reenacting, without amendments, 11
	64	+	Article – Alcoholic Beverages and Cannabis 12
	65	+	Section 1–101(a), 1–322(a)(1) and (8), 36–101(a) and (h), and 36–206(b) 13
	66	+	Annotated Code of Maryland 14
	67	+	(2016 Volume and 2023 Supplement) 15
97	68
98		-	– 3 –
99		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
100		-	That the Laws of Maryland read as follows:
	69	+	BY repealing and reenacting, with amendments, 16
	70	+	Article – Alcoholic Beverages and Cannabis 17
	71	+	Section 1–101(d), 1–202, 1–303(a)(1) and (3), 1–308(8) and (9), 1–309.1(d)(5) and 18
	72	+	(f)(2), (e), and (f), 1–309.2, 1–322(a)(7) and (b)(2), 36–101(j), (aa), and (dd), 19
	73	+	36–202, 36–206(d) and (j)(1), 36–302(g), 36–401(c)(1) and (2), (e), and (g), 20
	74	+	36–402(d)(1)(vi) 36–402(b)(2)(i) and (d)(1)(vi), 36–404(i)(3), 36–407(a)(3) and 21
	75	+	(b), 36–409(a), 36–501(a) and (d), 36–505, and 36–903(a), and 36–1102(e) and 22
	76	+	(f) 23
	77	+	Annotated Code of Maryland 24
	78	+	(2016 Volume and 2023 Supplement) 25
101	79
102		-	Article – Alcoholic Beverages and Cannabis
	80	+	BY repealing 26
	81	+	Article – Alcoholic Beverages and Cannabis 27
	82	+	Section 1–308(10) and (11) 28
	83	+	Annotated Code of Maryland 29
	84	+	(2016 Volume and 2023 Supplement) 30
103	85
104		-	1–101.
	86	+	BY adding to 31
	87	+	Article – Alcoholic Beverages and Cannabis 32
	88	+	Section 36–101(h–1) 33
	89	+	Annotated Code of Maryland 34
	90	+	(2016 Volume and 2023 Supplement) 35
105	91
106		-	(a) In this article the following words have the meanings indicated.
	92	+	BY repealing and reenacting, without amendments, 36
	93	+	Article – Economic Development 37
	94	+	Section 5–1901(b) 38
	95	+	Annotated Code of Maryland 39
	96	+	(2018 Replacement Volume and 2023 Supplement) 40
107	97
108		-	(d) (1) “Cannabis” means the plant Cannabis sativa L. and any part of the
109		-	plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of
110		-	isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration
111		-	greater than 0.3% on a dry weight basis.
	98	+	BY repealing and reenacting, with amendments, 41 HOUSE BILL 253 3
112	99
113		-	(2) “Cannabis” includes cannabis products, SEEDS, SEEDLINGS,
114		-	IMMATURE PLANTS , AND CLONES .
115	100
116		-	(3) “Cannabis” does not include hemp or hemp products, as defined in §
117		-	14–101 of the Agriculture Article.
	101	+	Article – Economic Development 1
	102	+	Section 5–1901(g)(1) 2
	103	+	Annotated Code of Maryland 3
	104	+	(2018 Replacement Volume and 2023 Supplement) 4
118	105
119		-	1–202.
	106	+	BY repealing and reenacting, with amendments, 5
	107	+	Article – Tax – General 6
	108	+	Section 10–208(bb)(1), 10–308(b)(6), and 13–203(c)(10), (14), and (15) 7
	109	+	Annotated Code of Maryland 8
	110	+	(2022 Replacement Volume and 2023 Supplement) 9
120	111
121		-	(a) To the extent that a statement of a general rule of law conflicts or is
122		-	inconsistent with an exception or a qualification applicable to a special area, particular
123		-	person, or set of circumstances, the exception or qualification prevails.
	112	+	BY adding to 10
	113	+	Article – Tax – General 11
	114	+	Section 13–203(c)(16) 12
	115	+	Annotated Code of Maryland 13
	116	+	(2022 Replacement Volume and 2023 Supplement) 14
124	117
125		-	~~(b) A provision in Division II of this article prevails over a conflicting or~~
126		-	~~inconsistent provision in Division I~~ of ~~this article or a provision in~~ the ~~Tax –~~ General ~~Article~~
127		-	~~relating to alcoholic beverages.~~
	118	+	BY repealing and reenacting, with amendments, 15
	119	+	Chapter 254 of the Acts of the General Assembly of 2023 16
	120	+	Section 10 17
128	121
129		-	~~(c) A provision in Division III of this article prevails over a conflicting or~~
130		-	~~inconsistent provision in Division I OR DIVISION II~~ of ~~this article or a provision in~~ the ~~Tax~~
131		-	~~– General Article relating to cannabis.~~
	122	+	BY repealing and reenacting, with amendments, 18
	123	+	Chapter 255 of the Acts of the General Assembly of 2023 19
	124	+	Section 10 20
132	125
133		-	1–303.
	126	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
	127	+	That the Laws of Maryland read as follows: 22
134	128
135		-	(a) (1) The Commission consists of [seven] FIVE members to be appointed by
136		-	the Governor with the advice and consent of the Senate.
	129	+	Article – Alcoholic Beverages and Cannabis 23
137	130
138		-	~~(3) Of the Commission members:~~
	131	+	1–101. 24
139	132
140		-	(i) one shall be knowledgeable and experienced in public health
141		-	matters;
	133	+	(a) In this article the following words have the meanings indicated. 25
142	134
143		-	(ii) one shall be knowledgeable and experienced in law enforcement
144		-	matters; Ch. 241 2024 LAWS OF MARYLAND
	135	+	(d) (1) “Cannabis” means the plant Cannabis sativa L. and any part of the 26
	136	+	plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of 27
	137	+	isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration 28
	138	+	greater than 0.3% on a dry weight basis. 29
145	139
146		-	– 4 –
	140	+	(2) “Cannabis” includes cannabis products, SEEDS, SEEDLINGS, 30
	141	+	IMMATURE PLANTS , AND CLONES . 31
147	142
148		-	(~~iii~~) ~~one shall be knowledgeable and experienced~~ in ~~the alcoholic~~
149		-	~~beverages industry;~~ ~~AND~~
	143	+	(3) “Cannabis” does not include hemp or hemp products, as defined in § 32
	144	+	14–101 of the Agriculture Article. 33
150	145
151		-	(iv) [one shall have expertise in cannabis research and policy;
	146	+	1–202. 34
	147	+	4 HOUSE BILL 253
152	148
153		-	(v) one shall have expertise in alcohol and tobacco policy; and
154	149
155		-	(vi)] two shall be members of the public who are knowledgeable and
156		-	experienced in fiscal matters and shall have substantial experience:
	150	+	(a) To the extent that a statement of a general rule of law conflicts or is 1
	151	+	inconsistent with an exception or a qualification applicable to a special area, particular 2
	152	+	person, or set of circumstances, the exception or qualification prevails. 3
157	153
158		-	1. as an executive with fiduciary responsibilities in charge of
159		-	a large organization or foundation;
	154	+	(b) A provision in Division II of this article prevails over a conflicting or 4
	155	+	inconsistent provision in Division I of this article or a provision in the Tax – General Article 5
	156	+	relating to alcoholic beverages. 6
160	157
161		-	2. in an academic field relating to finance or economics; or
	158	+	(c) A provision in Division III of this article prevails over a conflicting or 7
	159	+	inconsistent provision in Division I OR DIVISION II of this article or a provision in the Tax 8
	160	+	– General Article relating to cannabis. 9
162	161
163		-	3. ~~as an accountant, an economist, or a financial analyst.~~
	162	+	1–303. 10
164	163
165		-	1–308.
	164	+	(a) (1) The Commission consists of [seven] FIVE members to be appointed by 11
	165	+	the Governor with the advice and consent of the Senate. 12
166	166
167		-	The Commission ~~shall develop best practices for~~:
	167	+	(3) Of the Commission members: 13
168	168
169		-	(8) ~~the development of a~~ public health ~~impact statement for all changes to~~
170		-	~~the State alcoholic beverages laws~~; ~~AND~~
	169	+	(i) one shall be knowledgeable and experienced in public health 14
	170	+	matters; 15
171	171
172		-	(9) ensuring that:
	172	+	(ii) one shall be knowledgeable and experienced in law enforcement 16
	173	+	matters; 17
173	174
174		-	(i) ~~all license holders,~~ ~~managers,~~ and ~~servers receive certification~~
175		-	~~from an approved alcohol awareness program~~; and
	175	+	(iii) one shall be knowledgeable and experienced in the alcoholic 18
	176	+	beverages industry; AND 19
176	177
177		-	(ii) at least one employee who is certified in an alcohol awareness
178		-	program be on the licensed premises at all times when alcoholic beverages are served[;
	178	+	(iv) [one shall have expertise in cannabis research and policy; 20
179	179
180		-	(10) regulating the cannabis industry and implementing public health
181		-	measures relating to cannabis; and
	180	+	(v) one shall have expertise in alcohol and tobacco policy; and 21
182	181
183		-	(11) ~~regulating,~~ to the ~~extent possible,~~ ~~medical~~ and ~~adult–use cannabis in a~~
184		-	~~similar manner].~~
	182	+	(vi)] two shall be members of the public who are knowledgeable and 22
	183	+	experienced in fiscal matters and shall have substantial experience: 23
185	184
186		-	1–309.1.
	185	+	1. as an executive with fiduciary responsibilities in charge of 24
	186	+	a large organization or foundation; 25
187	187
188		-	~~(d) The Office of Social Equity shall:~~
	188	+	2. in an academic field relating to finance or economics; or 26
189	189
190		-	(5) provide recommendations to the [Commission] MARYLAND
191		-	CANNABIS ADMINISTRATION on regulations related to: WES MOORE, Governor Ch. 241
	190	+	3. as an accountant, an economist, or a financial analyst. 27
192	191
193		-	– ~~5 –~~
	192	+	1–308. 28
194	193
195		-	(i) diversity; and
	194	+	The Commission shall develop best practices for: 29
	195	+	HOUSE BILL 253 5
196	196
197		-	(ii) social equity applications;
198	197
199		-	(e) (1) On or before March 1 each year, the Office of Social Equity shall produce
200		-	and make publicly available a report on how the funds in the Community Reinvestment
201		-	and Repair Fund under § 1–322 of this subtitle were allocated during the immediately
202		-	preceding calendar year.
	198	+	(8) the development of a public health impact statement for all changes to 1
	199	+	the State alcoholic beverages laws; AND 2
203	200
204		-	(2) The report shall also be submitted to the General Assembly in
205		-	accordance with § 2–1257 of the State Government Article.
	201	+	(9) ensuring that: 3
206	202
207		-	(3) THE OFFICE MAY REQUEST IN FORMATION FROM POLIT ICAL
208		-	SUBDIVISIONS AND ENT ITIES RECEIVING DIST RIBUTIONS FROM THE FUND TO
209		-	ASSIST WITH THE COMP LETION OF THE REPORT .
	203	+	(i) all license holders, managers, and servers receive certification 4
	204	+	from an approved alcohol awareness program; and 5
210	205
211		-	(f) (1) On or before November 1 [each year] EVERY 2 YEARS, BEGINNING IN
212		-	2024, the Office of Social Equity shall solicit public input on the uses of the funds in the
213		-	Community Reinvestment and Repair Fund under § 1–322 of this subtitle.
	206	+	(ii) at least one employee who is certified in an alcohol awareness 6
	207	+	program be on the licensed premises at all times when alcoholic beverages are served[; 7
214	208
215		-	(f) (2) On or before December 15 each year EVERY 2 YEARS, BEGINNING IN
216		-	2024, the Office of Social Equity shall publish a review of the input received under
217		-	paragraph (1) of this subsection on a publicly accessible part of the [Commission’s]
218		-	OFFICE’S website.
	209	+	(10) regulating the cannabis industry and implementing public health 8
	210	+	measures relating to cannabis; and 9
219	211
220		-	(3) THE OFFICE SHALL INCLUDE IN THE REVIEW INFORM ATION ON
221		-	HOW THE FUNDS RECEIV ED FROM THE FUND WERE SPENT DURING THE
222		-	IMMEDIATELY PRECEDIN G 2 CALENDAR YEARS .
	212	+	(11) regulating, to the extent possible, medical and adult–use cannabis in a 10
	213	+	similar manner]. 11
223	214
224		-	1–309.2.
	215	+	1–309.1. 12
225	216
226		-	(a) In this section, “Advisory Board” means the Advisory Board on Medical and
227		-	Adult–Use Cannabis.
	217	+	(d) The Office of Social Equity shall: 13
228	218
229		-	(b) There is an Advisory Board on Medical and Adult–Use Cannabis.
	219	+	(5) provide recommendations to the [Commission] MARYLAND 14
	220	+	CANNABIS ADMINISTRATION on regulations related to: 15
230	221
231		-	(c) ~~The Advisory Board shall:~~
	222	+	(i) diversity; and 16
232	223
233		-	(1) consider all matters submitted to it by the [Commission] OFFICE OF
234		-	SOCIAL EQUITY, the Governor, the Maryland Cannabis Administration, or the General
235		-	Assembly; and
	224	+	(ii) social equity applications; 17
236	225
237		-	(2) on its own initiative, provide recommendations to the [Commission]
238		-	OFFICE OF SOCIAL EQUITY or the Maryland Cannabis Administration established under Ch. 241 2024 LAWS OF MARYLAND
	226	+	(e) (1) On or before March 1 each year, the Office of Social Equity shall produce 18
	227	+	and make publicly available a report on how the funds in the Community Reinvestment 19
	228	+	and Repair Fund under § 1–322 of this subtitle were allocated during the immediately 20
	229	+	preceding calendar year. 21
239	230
240		-	– 6 –
241		-	§ 36–201 of this article regarding guidelines, rules, and regulations that the Advisory Board
242		-	considers important or necessary for review and consideration by the [Commission]
243		-	OFFICE OF SOCIAL EQUITY or the Maryland Cannabis Administration. STUDY AND
244		-	MAKE RECOMMENDATIONS ON:
	231	+	(2) The report shall also be submitted to the General Assembly in 22
	232	+	accordance with § 2–1257 of the State Government Article. 23
245	233
246		-	(I) THE IMPACT ON THE LE GAL MEDICAL AND ADUL T–USE
247		-	CANNABIS INDUSTRY IN THE STATE IF THE FEDERAL GOVERNMENT :
	234	+	(3) THE OFFICE MAY REQUEST INFORMAT ION FROM POLITICAL 24
	235	+	SUBDIVISIONS AND ENT ITIES RECEIVING DIST RIBUTIONS FROM THE FUND TO 25
	236	+	ASSIST WITH THE COMP LETION OF THE REPORT . 26
248	237
249		-	1. RESCHEDULES CANNABIS FROM SCHEDULE I TO
250		-	SCHEDULE III UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT; OR
	238	+	(f) (1) On or before November 1 [each year] EVERY 2 YEARS, BEGINNING IN 27
	239	+	2024, the Office of Social Equity shall solicit public input on the uses of the funds in the 28
	240	+	Community Reinvestment and Repair Fund under § 1–322 of this subtitle. 29
251	241
252		-	2~~. REMOVES CANNABIS FRO M THE LIST OF CONTRO LLED~~
253		-	~~SUBSTANCES~~ UNDER ~~THE FEDERAL CONTROLLED SUBSTANCES ACT;~~
	242	+	(f) (2) On or before December 15 each year EVERY 2 YEARS, BEGINNING IN 30
	243	+	2024, the Office of Social Equity shall publish a review of the input received under 31 6 HOUSE BILL 253
254	244
255		-	(II) MEASURES TO PROTECT AND PROMOTE THE LEGA L
256		-	MEDICAL AND ADULT–USE CANNABIS INDUSTR Y IN THE STATE IF CANNABIS IS:
257	245
258		-	1~~. RESCHEDULED FROM SCHEDULE I TO SCHEDULE III;~~
259		-	OR
	246	+	paragraph (1) of this subsection on a publicly accessible part of the [Commission’s] 1
	247	+	OFFICE’S website. 2
260	248
261		-	2. REMOVED FROM THE FED ERAL CONTROLLED
262		-	SUBSTANCES ACT;
	249	+	(3) THE OFFICE SHALL INCLUDE IN THE REVIEW INFORM ATION ON 3
	250	+	HOW THE FUNDS RECEIV ED FROM THE FUND WERE SPENT DURIN G THE 4
	251	+	IMMEDIATELY PRECEDIN G 2 CALENDAR YEARS . 5
263	252
264		-	(III) MEASURES TO ENABLE S TANDARD AND MICRO CA NNABIS
265		-	LICENSEES AND SMALL BUSINESSES TO COMPETE IN I NTERSTATE COMMERCE
266		-	RELATED TO THE CULTI VATION, MANUFACTURE , DISTRIBUTION, AND TESTING OF
267		-	CANNABIS AND CANNABI S PRODUCTS;
	253	+	1–309.2. 6
268	254
269		-	(IV) METHODS TO ENSURE TH AT THERE IS AN ADEQU ATE
270		-	SUPPLY OF AFFORDABLE CANNABIS AND CANNABI S PRODUCTS FOR QUALI FYING
271		-	PATIENTS, INCLUDING CANNABIS A ND CANNABIS PRODUCTS CONTAINING VARYING
272		-	LEVELS OF POTENCY ; AND
	255	+	(a) In this section, “Advisory Board” means the Advisory Board on Medical and 7
	256	+	Adult–Use Cannabis. 8
273	257
274		-	(V) METHODS TO ASSIST SO CIAL EQUITY APPLICAN TS, SOCIAL
275		-	EQUITY LICENSEES , AND SMALL, MINORITY, AND WOMEN –OWNED BUSINESSES TO :
	258	+	(b) There is an Advisory Board on Medical and Adult–Use Cannabis. 9
276	259
277		-	1. ACCESS FUNDS FOR OPE RATING OR CAPITAL
278		-	EXPENSES ASSOCIATED WITH A BUSINESS PART ICIPATING IN THE MED ICAL AND
279		-	ADULT–USE CANNABIS INDUSTR Y;
	260	+	(c) The Advisory Board shall: 10
280	261
281		-	~~2. OBTAIN FINANCING FRO M A LENDER,~~ ~~AS DEFINED IN §~~
282		-	~~36–1401 OF THIS ARTICLE;~~ ~~AND~~
283		-	~~WES MOORE, Governor Ch. 241~~
	262	+	(1) consider all matters submitted to it by the [Commission] OFFICE OF 11
	263	+	SOCIAL EQUITY, the Governor, the Maryland Cannabis Administration, or the General 12
	264	+	Assembly; and 13
284	265
285		-	– 7 –
286		-	3. PARTNER WITH OPERATI ONAL CANNABIS LICENS EES
287		-	IN WAYS THAT THE SOCIAL EQUITY APPLICANTS OR LICENSEES OR SMALL ,
288		-	MINORITY, OR WOMEN–OWNED BUSINESSES RET AIN OWNERSHIP AND CO NTROL OF
289		-	THE LICENSES AND BUS INESSES.
	266	+	(2) on its own initiative, provide recommendations to the [Commission] 14
	267	+	OFFICE OF SOCIAL EQUITY or the Maryland Cannabis Administration established under 15
	268	+	§ 36–201 of this article regarding guidelines, rules, and regulations that the Advisory Board 16
	269	+	considers important or necessary for review and consideration by the [Commission] 17
	270	+	OFFICE OF SOCIAL EQUITY or the Maryland Cannabis Administration. STUDY AND 18
	271	+	MAKE RECOMMENDATIONS ON: 19
290	272
291		-	(d) (1) The Advisory Board consists of[:
	273	+	(I) THE IMPACT ON THE LE GAL MEDICAL AND ADUL T–USE 20
	274	+	CANNABIS INDUSTRY IN THE STATE IF THE FEDERAL GOVERNMENT : 21
292	275
293		-	(1~~) the Director of the Maryland~~ Cannabis ~~Administration, who shall serve~~
294		-	~~as Chair of~~ the ~~Advisory Board~~; ~~and~~
	276	+	1. RESCHEDULES CANNABIS FROM SCHEDULE I TO 22
	277	+	SCHEDULE III UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT; OR 23
295	278
296		-	(2)] the ~~following members,~~ ~~appointed by the Governor with the advice and~~
297		-	~~consent of~~ the ~~Senate:~~
	279	+	2. REMOVES CANNABIS FRO M THE LIST OF CONTRO LLED 24
	280	+	SUBSTANCES UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT; 25
298	281
299		-	(i) ~~three members that have substantial experience in one or more~~
300		-	of the ~~following~~:
	282	+	(II) MEASURES TO PROTECT AND PROMOTE THE LEGA L 26
	283	+	MEDICAL AND ADULT –USE CANNABIS INDUSTR Y IN THE STATE IF CANNABIS IS: 27
301	284
302		-	1. cannabis law, science, or policy;
	285	+	1. RESCHEDULED FROM SCHEDULE I TO SCHEDULE III; 28
	286	+	OR 29
303	287
304		-	2. public health or health care;
	288	+	2. REMOVED FROM THE FED ERAL CONTROLLED 30
	289	+	SUBSTANCES ACT; 31
	290	+	HOUSE BILL 253 7
305	291
306		-	3. agriculture;
307	292
308		-	4. finance; or
	293	+	(III) MEASURES TO ENABLE S TANDARD AND MICRO CA NNABIS 1
	294	+	LICENSEES AND SMALL BUSINESSES TO COMPET E IN INTERSTATE CO MMERCE 2
	295	+	RELATED TO THE CULTI VATION, MANUFACTURE , DISTRIBUTION, AND TESTING OF 3
	296	+	CANNABIS AND CANNABI S PRODUCTS; 4
309	297
310		-	5. addiction treatment;
	298	+	(IV) METHODS TO ENSURE TH AT THERE IS AN ADEQU ATE 5
	299	+	SUPPLY OF AFFORDABLE CANNABIS AND CANNABI S PRODUCTS FOR QUALI FYING 6
	300	+	PATIENTS, INCLUDING CANNABI S AND CANNABIS PRODU CTS CONTAINING VARYI NG 7
	301	+	LEVELS OF POTENCY ; AND 8
311	302
312		-	(ii) ~~one academic researcher with at least 5 years of experience in~~
313		-	~~social or health equity;~~
	303	+	(V) METHODS TO ASSIST SO CIAL EQUITY APPLICAN TS, SOCIAL 9
	304	+	EQUITY LICENSEES , AND SMALL, MINORITY, AND WOMEN –OWNED BUSINESSES TO : 10
314	305
315		-	(iii) one representative of an independent testing laboratory
316		-	registered under § 36–408 of this article;
	306	+	1. ACCESS FUNDS FOR OPE RATING OR CAPITAL 11
	307	+	EXPENSES ASSOCIATED WITH A BU SINESS PARTICIPATING IN THE MEDICAL AND 12
	308	+	ADULT–USE CANNABIS INDUSTR Y; 13
317	309
318		-	~~(iv) two representatives who hold~~ a ~~standard grower license under~~ §
319		-	36–~~401~~ of this article;
	310	+	2. OBTAIN FINANCING FRO M A LENDER, AS DEFINED IN § 14
	311	+	36–1401 OF THIS ARTICLE; AND 15
320	312
321		-	(v) two representatives who hold a standard processor license under
322		-	§ 36–401 of this article;
	313	+	3. PARTNER WITH OPERATI ONAL CANNABIS LICENS EES 16
	314	+	IN WAYS THAT THE SOC IAL EQUITY APPLICANTS OR LICENS EES OR SMALL , 17
	315	+	MINORITY, OR WOMEN–OWNED BUSINESSES RET AIN OWNERSHIP AND CO NTROL OF 18
	316	+	THE LICENSES AND BUS INESSES. 19
323	317
324		-	(vi) two representatives who hold a standard dispensary license
325		-	under § 36–401 of this article;
	318	+	(d) (1) The Advisory Board consists of[: 20
326	319
327		-	(~~vii~~) ~~two representatives~~ who ~~hold a micro grower license under §~~
328		-	~~36–401~~ of ~~this article~~;
	320	+	(1) the Director of the Maryland Cannabis Administration, who shall serve 21
	321	+	as Chair of the Advisory Board; and 22
329	322
330		-	(~~viii~~) ~~two representatives who hold a micro processor license under §~~
331		-	~~36–401~~ of ~~this article;~~ ~~Ch. 241 2024 LAWS OF MARYLAND~~
	323	+	(2)] the following members, appointed by the Governor with the advice and 23
	324	+	consent of the Senate: 24
332	325
333		-	– 8 –
	326	+	(i) three members that have substantial experience in one or more 25
	327	+	of the following: 26
334	328
335		-	(ix) two representatives who hold a micro dispensary license under §
336		-	36–401 of this article;
	329	+	1. cannabis law, science, or policy; 27
337	330
338		-	(x) one representative who holds an incubator space license under §
339		-	36–401 of this article;
	331	+	2. public health or health care; 28
340	332
341		-	(xi) one representative who holds an on–site consumption license
342		-	under § 36–401 of this article;
	333	+	3. agriculture; 29
343	334
344		-	(xii) one representative of an organization that advocates on behalf of
345		-	patients who engage in the medical use of cannabis;
	335	+	4. finance; or 30
346	336
347		-	(xiii) one representative of an organization that advocates on behalf of
348		-	consumers who engage in the adult use of cannabis; and
	337	+	5. addiction treatment; 31 8 HOUSE BILL 253
349	338
350		-	(xiv) one health care provider who is registered to certify patients to
351		-	obtain medical cannabis under § 36–301 of this article.
352	339
353		-	(2) FROM AMONG THE MEMBER S OF THE THE ADVISORY BOARD, THE
354		-	GOVERNOR SHALL APPOINT ELECT A CHAIR FROM AMONG ITS MEMBE RS.
355	340
356		-	(e) ~~The President~~ of ~~the Senate and the Speaker of the House may recommend to~~
357		-	~~the Governor a list of individuals for appointment to the Advisory Board.~~
	341	+	(ii) one academic researcher with at least 5 years of experience in 1
	342	+	social or health equity; 2
358	343
359		-	(f) (1) The term of a member of the Advisory Board is 4 years.
	344	+	(iii) one representative of an independent testing laboratory 3
	345	+	registered under § 36–408 of this article; 4
360	346
361		-	(2) ~~At the end of~~ a ~~term, a member continues to serve until a successor is~~
362		-	~~appointed and qualifies.~~
	347	+	(iv) two representatives who hold a standard grower license under § 5
	348	+	36–401 of this article; 6
363	349
364		-	(3) An appointed member may not serve more than two full terms.
	350	+	(v) two representatives who hold a standard processor license under 7
	351	+	§ 36–401 of this article; 8
365	352
366		-	(4) The positions for members appointed under subsection [(d)(2)(vii)
367		-	through (xi)] (D)(1)(VII) THROUGH (XI) of this section become effective when the first
368		-	licenses are issued under those respective license types.
	353	+	(vi) two representatives who hold a standard dispensary license 9
	354	+	under § 36–401 of this article; 10
369	355
370		-	(g) An appointed member of the Advisory Board must be:
	356	+	(vii) two representatives who hold a micro grower license under § 11
	357	+	36–401 of this article; 12
371	358
372		-	(1) at least 25 years old;
	359	+	(viii) two representatives who hold a micro processor license under § 13
	360	+	36–401 of this article; 14
373	361
374		-	(2) a ~~resident of the State who has resided in the State for at least the~~
375		-	~~immediately preceding 5 years before the appointment~~; ~~and~~
	362	+	(ix) two representatives who hold a micro dispensary license under § 15
	363	+	36–401 of this article; 16
376	364
377		-	(3) ~~a registered voter of the State.~~
378		-	~~WES MOORE, Governor Ch. 241~~
	365	+	(x) one representative who holds an incubator space license under § 17
	366	+	36–401 of this article; 18
379	367
380		-	– 9 –
381		-	(h) The Advisory Board shall establish at least two subcommittees to focus on
382		-	medical and adult–use cannabis.
	368	+	(xi) one representative who holds an on–site consumption license 19
	369	+	under § 36–401 of this article; 20
383	370
384		-	(i) To the extent practicable and consistent with federal and State law, the
385		-	membership of the Advisory Board shall reflect the racial, ethnic, and gender diversity of
386		-	the State.
	371	+	(xii) one representative of an organization that advocates on behalf of 21
	372	+	patients who engage in the medical use of cannabis; 22
387	373
388		-	(J) ~~THE MARYLAND CANNABIS ADMINISTRATION SHALL PROVIDE STAFF~~
389		-	~~FOR~~ THE ~~ADVISORY BOARD.~~
	374	+	(xiii) one representative of an organization that advocates on behalf of 23
	375	+	consumers who engage in the adult use of cannabis; and 24
390	376
391		-	1–322.
	377	+	(xiv) one health care provider who is registered to certify patients to 25
	378	+	obtain medical cannabis under § 36–301 of this article. 26
392	379
393		-	(a) (1) There is a Community Reinvestment and Repair Fund.
	380	+	(2) FROM AMONG THE MEMBER S OF THE THE ADVISORY BOARD, THE 27
	381	+	GOVERNOR SHALL APPOINT ELECT A CHAIR FROM AMONG ITS MEMBE RS. 28
394	382
395		-	(~~7) (I~~) The ~~State Treasurer shall invest the money~~ of the ~~Fund in~~ the
396		-	~~same manner as other State money may be invested~~.
	383	+	(e) The President of the Senate and the Speaker of the House may recommend to 29
	384	+	the Governor a list of individuals for appointment to the Advisory Board. 30
397	385
398		-	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE
399		-	CREDITED TO THE GENERAL FUND OF THE STATE.
	386	+	(f) (1) The term of a member of the Advisory Board is 4 years. 31 HOUSE BILL 253 9
400	387
401		-	(8) No part of the Fund may revert or be credited to:
402	388
403		-	(i) the General Fund of the State; or
404	389
405		-	(ii) any other special fund of the State.
	390	+	(2) At the end of a term, a member continues to serve until a successor is 1
	391	+	appointed and qualifies. 2
406	392
407		-	(b) (2) [(i)] Subject to the limitations under subsection (a)(6) of this section,
408		-	each county shall adopt a law establishing the purpose for which money received from the
409		-	Fund may be used.
	393	+	(3) An appointed member may not serve more than two full terms. 3
410	394
411		-	[(ii) On or before December 1 every 2 years, beginning in 2024, each
412		-	political subdivision that receives funds from the Fund under paragraph (1) of this
413		-	subsection shall submit a report to the Governor and, in accordance with § 2–1257 of the
414		-	State Government Article, the Senate Budget and Taxation Committee and the House
415		-	Appropriations Committee on how funds received from the Fund were spent during the
416		-	immediately preceding 2 fiscal years.]
	395	+	(4) The positions for members appointed under subsection [(d)(2)(vii) 4
	396	+	through (xi)] (D)(1)(VII) THROUGH (XI) of this section become effective when the first 5
	397	+	licenses are issued under those respective license types. 6
417	398
418		-	~~36–101.~~
	399	+	(g) An appointed member of the Advisory Board must be: 7
419	400
420		-	(a) ~~In this title the following words have the meanings indicated.~~
	401	+	(1) at least 25 years old; 8
421	402
422		-	(h) ~~“Cannabis licensee” means~~ a ~~business licensed by~~ the ~~Administration to~~
423		-	~~operate in~~ the ~~cannabis industry.~~
	403	+	(2) a resident of the State who has resided in the State for at least the 9
	404	+	immediately preceding 5 years before the appointment; and 10
424	405
425		-	(H–1) “CANNABIS NURSERY ” MEANS A BUSINESS THA T PROVIDES CANNABIS
426		-	SEEDS, SEEDLINGS, IMMATURE PLANTS , OR CLONES TO A CANNA BIS BUSINESS. Ch. 241 2024 LAWS OF MARYLAND
	406	+	(3) a registered voter of the State. 11
427	407
428		-	– 10 –
	408	+	(h) The Advisory Board shall establish at least two subcommittees to focus on 12
	409	+	medical and adult–use cannabis. 13
429	410
430		-	(j) “Cannabis registrant” means an indep endent testing laboratory, a
431		-	transporter, a security guard company, a waste disposal company, A CANNABIS NURSERY ,
432		-	and any other type of cannabis business registered under this title and authorized by the
433		-	Administration.
	411	+	(i) To the extent practicable and consistent with federal and State law, the 14
	412	+	membership of the Advisory Board shall reflect the racial, ethnic, and gender diversity of 15
	413	+	the State. 16
434	414
435		-	(aa) ~~“Ownership interest” means a direct or indirect equity interest in a~~ cannabis
436		-	~~licensee, including in its PROFITS, REVENUES, shares, or stock~~.
	415	+	(J) THE MARYLAND CANNABIS ADMINISTRATION SHALL PROVIDE STAFF 17
	416	+	FOR THE ADVISORY BOARD. 18
437	417
438		-	~~(dd) “Processor” means an entity licensed under this title that:~~
	418	+	1–322. 19
439	419
440		-	(1) transforms cannabis into another product or an extract and packages
441		-	and labels the cannabis product; and
	420	+	(a) (1) There is a Community Reinvestment and Repair Fund. 20
442	421
443		-	(2) ~~is authorized by~~ the ~~Administration to provide cannabis to [licensed~~
444		-	~~dispensaries] CANNABIS LICENSEES and registered independent testing laboratories~~.
	422	+	(7) (I) The State Treasurer shall invest the money of the Fund in the 21
	423	+	same manner as other State money may be invested. 22
445	424
446		-	36–202.
	425	+	(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 23
	426	+	CREDITED TO THE GENERAL FUND OF THE STATE. 24
447	427
448		-	(a) The ~~Administration shall~~:
	428	+	(8) No part of the Fund may revert or be credited to: 25
449	429
450		-	(1) develop and maintain a seed–to–sale tracking system that tracks
451		-	cannabis from either the seed or immature plant stage until the cannabis is sold to a
452		-	patient, caregiver, or consumer;
	430	+	(i) the General Fund of the State; or 26
453	431
454		-	(2) conduct financial and criminal background investigations of any person
455		-	who submits an application for a cannabis license or a cannabis licensee, as required under
456		-	this title;
	432	+	(ii) any other special fund of the State. 27
	433	+	10 HOUSE BILL 253
457	434
458		-	(3) develop a process for consumers and qualifying patients to purchase
459		-	clones and seeds, seedlings, stalks, roots, and stems of the cannabis plant for cultivation in
460		-	accordance with § 5–601.2 of the Criminal Law Article;
461	435
462		-	(4) solicit, evaluate, and issue or deny applications for cannabis licenses
463		-	and cannabis registrations, including:
	436	+	(b) (2) [(i)] Subject to the limitations under subsection (a)(6) of this section, 1
	437	+	each county shall adopt a law establishing the purpose for which money received from the 2
	438	+	Fund may be used. 3
464	439
465		-	(i) licenses to operate a cannabis business in accordance with this
466		-	title; and
	440	+	[(ii) On or before December 1 every 2 years, beginning in 2024, each 4
	441	+	political subdivision that receives funds from the Fund under paragraph (1) of this 5
	442	+	subsection shall submit a report to the Governor and, in accordance with § 2–1257 of the 6
	443	+	State Government Article, the Senate Budget and Taxation Committee and the House 7
	444	+	Appropriations Committee on how funds received from the Fund were spent during the 8
	445	+	immediately preceding 2 fiscal years.] 9
467	446
468		-	(ii) registration for independent testing laboratories, transporters,
469		-	security guard companies, [and] waste disposal companies, AND CANNABIS NURSERI ES;
	447	+	36–101. 10
470	448
471		-	(5) ~~award or deny:~~
	449	+	(a) In this title the following words have the meanings indicated. 11
472	450
473		-	(i) a ~~license~~ to ~~operate a cannabis business in accordance with this~~
474		-	~~title; and WES MOORE, Governor Ch~~. ~~241~~
	451	+	(h) “Cannabis licensee” means a business licensed by the Administration to 12
	452	+	operate in the cannabis industry. 13
475	453
476		-	– 11 –
	454	+	(H–1) “CANNABIS NURSERY ” MEANS A BUSINESS THA T PROVIDES CANNABIS 14
	455	+	SEEDS, SEEDLINGS, IMMATURE PLANTS , OR CLONES TO A CANNA BIS BUSINESS. 15
477	456
478		-	(ii) registration to independent testing laboratories, transporters,
479		-	security guard companies, waste disposal companies, CANNABIS NURSERIES , and any
480		-	other type of cannabis business authorized by the Administration;
	457	+	(j) “Cannabis registrant” means an independent testing laborat ory, a 16
	458	+	transporter, a security guard company, a waste disposal company, A CANNABIS NURSERY , 17
	459	+	and any other type of cannabis business registered under this title and authorized by the 18
	460	+	Administration. 19
481	461
482		-	(6) ~~conduct announced and unannounced inspections of any business~~
483		-	~~licensed~~ or ~~registered under this title to ensure compliance with this title;~~
	462	+	(aa) “Ownership interest” means a direct or indirect equity interest in a cannabis 20
	463	+	licensee, including in its PROFITS, REVENUES, shares, or stock. 21
484	464
485		-	(7) after a determination that a violation of this title or a regulation
486		-	adopted under this title has occurred, suspend, fine, restrict, or revoke cannabis licenses
487		-	and cannabis registrations, whether active, expired, or surrendered, or impose any other
488		-	penalty authorized by this title or any regulation adopted under this title;
	465	+	(dd) “Processor” means an entity licensed under this title that: 22
489	466
490		-	(8) ~~(i) give notice~~ and ~~hold a hearing in accordance with Title 10,~~
491		-	~~Subtitle 2 of~~ the ~~State Government Article,~~ ~~for any:~~
	467	+	(1) transforms cannabis into another product or an extract and packages 23
	468	+	and labels the cannabis product; and 24
492	469
493		-	1. contested cannabis license or registration denial; or
	470	+	(2) is authorized by the Administration to provide cannabis to [licensed 25
	471	+	dispensaries] CANNABIS LICENSEES and registered independent testing laboratories. 26
494	472
495		-	2. violation of this title or any regulation adopted under this
496		-	title;
	473	+	36–202. 27
497	474
498		-	(ii) ~~administer oaths in a proceeding under this section; and~~
	475	+	(a) The Administration shall: 28
499	476
500		-	(iii) subject to subsection (b)(3) of this section, allow the person
501		-	against whom the action is contemplated to be represented at the hearing by counsel;
	477	+	(1) develop and maintain a seed–to–sale tracking system that tracks 29
	478	+	cannabis from either the seed or immature plant stage until the cannabis is sold to a 30
	479	+	patient, caregiver, or consumer; 31
	480	+	HOUSE BILL 253 11
502	481
503		-	(9) adopt regulations necessary to carry out its duties under this title; and
504	482
505		-	(10) perform any other power authorized or duty required under this title or
506		-	any other provision of State law.
	483	+	(2) conduct financial and criminal background investigations of any person 1
	484	+	who submits an application for a cannabis license or a cannabis licensee, as required under 2
	485	+	this title; 3
507	486
508		-	(b) The Administration may:
	487	+	(3) develop a process for consumers and qualifying patients to purchase 4
	488	+	clones and seeds, seedlings, stalks, roots, and stems of the cannabis plant for cultivation in 5
	489	+	accordance with § 5–601.2 of the Criminal Law Article; 6
509	490
510		-	(1) issue ~~a subpoena~~ for ~~the attendance of a witness to testify or the~~
511		-	~~production of evidence in connection with~~:
	491	+	(4) solicit, evaluate, and issue or deny applications for cannabis licenses 7
	492	+	and cannabis registrations, including: 8
512	493
513		-	(i) any disciplinary action under this title; or
	494	+	(i) licenses to operate a cannabis business in accordance with this 9
	495	+	title; and 10
514	496
515		-	(ii) ~~any investigation or proceeding initiated~~ for ~~an alleged violation~~
516		-	~~of this title~~;
	497	+	(ii) registration for independent testing laboratories, transporters, 11
	498	+	security guard companies, [and] waste disposal companies, AND CANNABIS NURSERI ES; 12
517	499
518		-	(2) delegate the hearing authority authorized under subsection (a)(8) of
519		-	this section to an employee within the Administration; [and]
	500	+	(5) award or deny: 13
520	501
521		-	(3) ~~if, after due notice, the person against whom~~ a ~~disciplinary action is~~
522		-	~~contemplated does not appear at a hearing, hear and determine the matter~~; AND ~~Ch. 241 2024 LAWS OF MARYLAND~~
	502	+	(i) a license to operate a cannabis business in accordance with this 14
	503	+	title; and 15
523	504
524		-	– 12 –
	505	+	(ii) registration to independent testing laboratories, transporters, 16
	506	+	security guard companies, waste disposal companies, CANNABIS NURSERIES , and any 17
	507	+	other type of cannabis business authorized by the Administration; 18
525	508
526		-	(4) AFTER A HEARING UNDE R THIS SUBSECTION , FINE A CANNABIS
527		-	LICENSEE OR SUSPEND , RESTRICT, OR REVOKE A CANNABIS LICENSE OR A
528		-	CANNABIS REGISTRATIO N FOR A VIOLATION OF :
	509	+	(6) conduct announced and unannounced inspections of any business 19
	510	+	licensed or registered under this title to ensure compliance with this title; 20
529	511
530		-	(I) THIS TITLE OR A REGU LATION ADOPTED UNDER THIS TITLE;
531		-	OR
	512	+	(7) after a determination that a violation of this title or a regulation 21
	513	+	adopted under this title has occurred, suspend, fine, restrict, or revoke cannabis licenses 22
	514	+	and cannabis registrations, whether active, expired, or surrendered, or impose any other 23
	515	+	penalty authorized by this title or any regulation adopted under this title; 24
532	516
533		-	(II) ~~ANY OTHER STATE LAW OR REGULATI ON RELATED TO~~
534		-	~~CANNABIS OR~~ THE ~~OPER ATIONS OF A CANNABIS BUSINESS OR REGISTRA NT.~~
	517	+	(8) (i) give notice and hold a hearing in accordance with Title 10, 25
	518	+	Subtitle 2 of the State Government Article, for any: 26
535	519
536		-	~~36–206~~.
	520	+	1. contested cannabis license or registration denial; or 27
537	521
538		-	(b) There is a Cannabis Regulation and Enforcement Fund.
	522	+	2. violation of this title or any regulation adopted under this 28
	523	+	title; 29
539	524
540		-	(d) The [Comptroller] ADMINISTRATION shall administer the Fund [at the
541		-	direction of the Administration].
	525	+	(ii) administer oaths in a proceeding under this section; and 30
542	526
543		-	(j) (1) ~~On or before March 15 each year,~~ the ~~[Comptroller] ADMINISTRATION~~
544		-	~~shall publish on its website a detailed report on revenue distributed~~ to ~~and expenditures~~
545		-	~~from the Fund.~~
	527	+	(iii) subject to subsection (b)(3) of this section, allow the person 31
	528	+	against whom the action is contemplated to be represented at the hearing by counsel; 32
	529	+	12 HOUSE BILL 253
546	530
547		-	36–302.
548	531
549		-	(g) ~~A qualifying patient may NOT possess [up~~ to:
	532	+	(9) adopt regulations necessary to carry out its duties under this title; and 1
550	533
551		-	(1) 120 grams of usable cannabis; or
	534	+	(10) perform any other power authorized or duty required under this title or 2
	535	+	any other provision of State law. 3
552	536
553		-	(2) 36 grams of delta–9–tetrahydrocannabinol (THC) in the case of a
554		-	cannabis–infused product] MORE THAN THE AMOUNT OF CANNABIS OR
555		-	CANNABIS–INFUSED PRODUCT THAT IS AUTHORIZED IN THE WRITTEN
556		-	CERTIFICATION OF THE PATIENT.
	537	+	(b) The Administration may: 4
557	538
558		-	36–401.
	539	+	(1) issue a subpoena for the attendance of a witness to testify or the 5
	540	+	production of evidence in connection with: 6
559	541
560		-	(c) ~~(1) A standard license authorizes the holder of the license:~~
	542	+	(i) any disciplinary action under this title; or 7
561	543
562		-	(i) for growers, to operate more than 10,000 square feet, but not
563		-	more than 300,000 square feet, of indoor canopy or its equivalent, as calculated by the
564		-	Administration;
	544	+	(ii) any investigation or proceeding initiated for an alleged violation 8
	545	+	of this title; 9
565	546
566		-	(ii) for processors, to process more than [1,000] 2,000 pounds of
567		-	cannabis per year, as calculated by the Administration; and
568		-	WES MOORE, Governor Ch. 241
	547	+	(2) delegate the hearing authority authorized under subsection (a)(8) of 10
	548	+	this section to an employee within the Administration; [and] 11
569	549
570		-	– 13 –
571		-	(iii) for dispensaries, to operate a store at a physical location that
572		-	sells cannabis or cannabis products.
	550	+	(3) if, after due notice, the person against whom a disciplinary action is 12
	551	+	contemplated does not appear at a hearing, hear and determine the matter; AND 13
573	552
574		-	(2) A micro license authorizes the holder of the license:
	553	+	(4) AFTER A HEARING UNDE R THIS SUBSECTION , FINE A CANNABIS 14
	554	+	LICENSEE OR SUSPEND , RESTRICT, OR REVOKE A CANNABIS LICENSE OR A 15
	555	+	CANNABIS REGISTRATIO N FOR A VIOLATION OF : 16
575	556
576		-	(i) ~~for growers,~~ ~~to operate not more than 10,000 square feet of indoor~~
577		-	~~canopy~~ or ~~its equivalent, as calculated by the Administration;~~
	557	+	(I) THIS TITLE OR A REGU LATION ADOPTED UNDER THIS TITLE; 17
	558	+	OR 18
578	559
579		-	(ii) ~~for processors,~~ to ~~process not more than [1,000] 2,000 pounds of~~
580		-	cannabis ~~per year, as calculated by~~ the ~~Administration; and~~
	560	+	(II) ANY OTHER STATE LAW OR REGULATI ON RELATED TO 19
	561	+	CANNABIS OR THE OPER ATIONS OF A CANNABIS BUSINESS OR REGISTRA NT. 20
581	562
582		-	(iii) for dispensaries, to operate a delivery service that sells cannabis
583		-	or cannabis products without a physical storefront, provided that the licensee employs not
584		-	more than 10 employees.
	563	+	36–206. 21
585	564
586		-	(e) (1) This subsection applies to all licenses, including licenses converted
587		-	under subsection (b)(1)(ii) of this section.
	565	+	(b) There is a Cannabis Regulation and Enforcement Fund. 22
588	566
589		-	(2) ~~Subject to paragraph (3) of this subsection,~~ ~~a person may have an~~
590		-	~~ownership interest in or control~~ of~~, including~~ the ~~power to manage and operate:~~
	567	+	(d) The [Comptroller] ADMINISTRATION shall administer the Fund [at the 23
	568	+	direction of the Administration]. 24
591	569
592		-	(i) for standard licenses and micro licenses:
	570	+	(j) (1) On or before March 15 each year, the [Comptroller] ADMINISTRATION 25
	571	+	shall publish on its website a detailed report on revenue distributed to and expenditures 26
	572	+	from the Fund. 27
593	573
594		-	1. ~~one grower licensee;~~
	574	+	36–302. 28
595	575
596		-	2. one processor licensee; and
	576	+	(g) A qualifying patient may NOT possess [up to: 29
	577	+	HOUSE BILL 253 13
597	578
598		-	3. not more than four dispensary licensees;
599	579
600		-	(ii) ~~for incubator space licenses,~~ ~~not more than two licensees~~; ~~and~~
	580	+	(1) 120 grams of usable cannabis; or 1
601	581
602		-	(iii) for on–site consumption licenses, not more than two licensees.
	582	+	(2) 36 grams of delta–9–tetrahydrocannabinol (THC) in the case of a 2
	583	+	cannabis–infused product] MORE THAN THE AMOUNT OF CANNABIS OR 3
	584	+	CANNABIS–INFUSED PRODUCT THA T IS AUTHORIZED IN T HE WRITTEN 4
	585	+	CERTIFICATION OF THE PATIENT. 5
603	586
604		-	(3) (i) A person who owns or controls an incubator space licensee or an
605		-	on–site consumption licensee may not own or control any [other] cannabis licensee LISTED
606		-	UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION .
	587	+	36–401. 6
607	588
608		-	(ii) The Administration shall adopt regulations limiting a person or
609		-	fund from acquiring a nonmajority ownership interest in multiple cannabis businesses
610		-	beyond the limitations established under this subsection.
	589	+	(c) (1) A standard license authorizes the holder of the license: 7
611	590
612		-	(4) The restrictions in paragraph (2) of this subsection do not apply to a
613		-	person or an entity who holds an ownership interest only as a passive investor.
	591	+	(i) for growers, to operate more than 10,000 square feet, but not 8
	592	+	more than 300,000 square feet, of indoor canopy or its equivalent, as calculated by the 9
	593	+	Administration; 10
614	594
615		-	(g) ~~Notwithstanding any provisions~~ of ~~this title, the holder of a dispensary license~~
616		-	~~issued~~ by the ~~Natalie M.~~ ~~LaPrade Medical Cannabis Commission who converts the license Ch. 241 2024 LAWS OF MARYLAND~~
	595	+	(ii) for processors, to process more than [1,000] 2,000 pounds of 11
	596	+	cannabis per year, as calculated by the Administration; and 12
617	597
618		-	– 14 –
619		-	or a registrant with the Natalie M. LaPrade Medical Cannabis Commission may continue
620		-	to deliver medical cannabis until July 1, [2024] 2025.
	598	+	(iii) for dispensaries, to operate a store at a physical location that 13
	599	+	sells cannabis or cannabis products. 14
621	600
622		-	~~36–402.~~
	601	+	(2) A micro license authorizes the holder of the license: 15
623	602
624		-	(b) (2) (i) Except as provided in subparagraph (ii) of this paragraph and
625		-	subject to subparagraph (iii) of this paragraph, on or before January 1, [2026] 2027, an
626		-	operational business that holds a grower license issued before December 31, 2022, may
627		-	expand the canopy of its operations as it existed on December 31, 2022, and based on facility
628		-	square footage of indoor canopy space or its equivalent, as calculated by the Administration
629		-	in accordance with subsection (d) of this section, only as follows:
	603	+	(i) for growers, to operate not more than 10,000 square feet of indoor 16
	604	+	canopy or its equivalent, as calculated by the Administration; 17
630	605
631		-	~~1. if the canopy is under 25,000 square feet~~, to 25,000 ~~square~~
632		-	~~feet or~~ by ~~20%, whichever is greater~~;
	606	+	(ii) for processors, to process not more than [1,000] 2,000 pounds of 18
	607	+	cannabis per year, as calculated by the Administration; and 19
633	608
634		-	2. if the canopy is at or above 25,000 square feet, by 20%; or
	609	+	(iii) for dispensaries, to operate a delivery service that sells cannabis 20
	610	+	or cannabis products without a physical storefront, provided that the licensee employs not 21
	611	+	more than 10 employees. 22
635	612
636		-	3. if the cannabis licensee has a square footage expansion
637		-	that was preapproved before December 31, 2022, the preapproved expansion or 20%,
638		-	whichever is greater.
	613	+	(e) (1) This subsection applies to all licenses, including licenses converted 23
	614	+	under subsection (b)(1)(ii) of this section. 24
639	615
640		-	(d) (1) (vi) If the amount of square feet of production for a licensed grower
641		-	exceeds the canopy authorized under this section and § 36–401 of this subtitle, the
642		-	[Commission] ADMINISTRATION may:
	616	+	(2) Subject to paragraph (3) of this subsection, a person may have an 25
	617	+	ownership interest in or control of, including the power to manage and operate: 26
643	618
644		-	1. reduce the canopy of the licensed grower by the same
645		-	percentage as it exceeds the authorized canopy; and
	619	+	(i) for standard licenses and micro licenses: 27
646	620
647		-	2. seize, destroy, confiscate, or place an administrative hold
648		-	on any flowering cannabis plants produced in excess of the canopy.
	621	+	1. one grower licensee; 28
649	622
650		-	~~36–404~~.
	623	+	2. one processor licensee; and 29
651	624
652		-	(i) (3) On or before 6 months after the issuance of a cannabis license under §
653		-	36–401 of this subtitle, the Governor’s Office of Small, Minority, and Women Business
654		-	Affairs, in consultation with the Office of the Attorney General and the Office of Social
655		-	Equity within the [Alcohol, Tobacco, and Cannabis Commission] ADMINISTRATION and
656		-	the cannabis licensee, shall establish a clear plan for setting reasonable and appropriate
657		-	minority business enterprise participation goals and procedures for the procurement of
658		-	goods and services related to cannabis, including the cultivation, manufacturing, and
659		-	dispensing of cannabis.
	625	+	3. not more than four dispensary licensees; 30 14 HOUSE BILL 253
660	626
661		-	36–407.
662	627
663		-	(a) (3) An on–site consumption establishment may operate only if the [county
664		-	and, if applicable, the municipality,] POLITICAL SUBDIVISIO N where the business is WES MOORE, Governor Ch. 241
665	628
666		-	– 15 –
667		-	located [have] HAS issued a permit or license that expressly allows the operation of the
668		-	on–site consumption establishment.
	629	+	(ii) for incubator space licenses, not more than two licensees; and 1
669	630
670		-	(b) Subject to the limitations in § 36–405 of this subtitle, a [county and, if
671		-	applicable, a municipality] POLITICAL SUBDIVISIO N may:
	631	+	(iii) for on–site consumption licenses, not more than two licensees. 2
672	632
673		-	(1) prohibit the operation of on–site consumption establishments;
	633	+	(3) (i) A person who owns or controls an incubator space licensee or an 3
	634	+	on–site consumption licensee may not own or control any [other] cannabis licensee LISTED 4
	635	+	UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION . 5
674	636
675		-	(2) prohibit or restrict the smoking or vaping of cannabis at on–site
676		-	consumption establishments; or
	637	+	(ii) The Administration shall adopt regulations limiting a person or 6
	638	+	fund from acquiring a nonmajority ownership interest in multiple cannabis businesses 7
	639	+	beyond the limitations established under this subsection. 8
677	640
678		-	(3) ~~adopt zoning and planning requirements for on–site consumption~~
679		-	~~establishments~~.
	641	+	(4) The restrictions in paragraph (2) of this subsection do not apply to a 9
	642	+	person or an entity who holds an ownership interest only as a passive investor. 10
680	643
681		-	36–409.
	644	+	(g) Notwithstanding any provisions of this title, the holder of a dispensary license 11
	645	+	issued by the Natalie M. LaPrade Medical Cannabis Commission who converts the license 12
	646	+	or a registrant with the Natalie M. LaPrade Medical Cannabis Commission may continue 13
	647	+	to deliver medical cannabis until July 1, [2024] 2025. 14
682	648
683		-	(a) The following businesses shall register with the Administration in order to
684		-	provide services to a cannabis licensee:
	649	+	36–402. 15
685	650
686		-	(1) a transporter;
	651	+	(b) (2) (i) Except as provided in subparagraph (ii) of this paragraph and 16
	652	+	subject to subparagraph (iii) of this paragraph, on or before January 1, [2026] 2027, an 17
	653	+	operational business that holds a grower license issued before December 31, 2022, may 18
	654	+	expand the canopy of its operations as it existed on December 31, 2022, and based on facility 19
	655	+	square footage of indoor canopy space or its equivalent, as calculated by the Administration 20
	656	+	in accordance with subsection (d) of this section, only as follows: 21
687	657
688		-	(2) a security guard agency;
	658	+	1. if the canopy is under 25,000 square feet, to 25,000 square 22
	659	+	feet or by 20%, whichever is greater; 23
689	660
690		-	~~(3) a waste disposal company~~; ~~[and]~~
	661	+	2. if the canopy is at or above 25,000 square feet, by 20%; or 24
691	662
692		-	(4) A CANNABIS NURSERY ; AND
	663	+	3. if the cannabis licensee has a square footage expansion 25
	664	+	that was preapproved before December 31, 2022, the preapproved expansion or 20%, 26
	665	+	whichever is greater. 27
693	666
694		-	(5) any other type of cannabis business that is authorized by the
695		-	Administration to provide plant or product–touching services to cannabis licensees.
	667	+	(d) (1) (vi) If the amount of square feet of production for a licensed grower 28
	668	+	exceeds the canopy authorized under this section and § 36–401 of this subtitle, the 29
	669	+	[Commission] ADMINISTRATION may: 30
696	670
697		-	36–501.
	671	+	1. reduce the canopy of the licensed grower by the same 31
	672	+	percentage as it exceeds the authorized canopy; and 32
	673	+	HOUSE BILL 253 15
698	674
699		-	(a) A cannabis agent [shall] MUST be registered with the Administration before
700		-	the agent may volunteer or work for a cannabis licensee or cannabis registrant.
701	675
702		-	~~(d) (1) The Administration may not register as a cannabis agent~~ an ~~individual~~
703		-	~~who[:~~
	676	+	2. seize, destroy, confiscate, or place an administrative hold 1
	677	+	on any flowering cannabis plants produced in excess of the canopy. 2
704	678
705		-	(1)] does not meet the criteria established under subsection (c) of this
706		-	section[; or].
	679	+	36–404. 3
707	680
708		-	(2) THE ADMINISTRATION MAY DI SQUALIFY AN INDIVIDU AL FROM
709		-	REGISTERING AS A CAN NABIS AGENT IF THE I NDIVIDUAL has been convicted of or
710		-	pleaded nolo contendere to a crime involving moral turpitude, whether or not any appeal
711		-	or other proceeding is pending to have the conviction or plea set aside. Ch. 241 2024 LAWS OF MARYLAND
	681	+	(i) (3) On or before 6 months after the issuance of a cannabis license under § 4
	682	+	36–401 of this subtitle, the Governor’s Office of Small, Minority, and Women Business 5
	683	+	Affairs, in consultation with the Office of the Attorney General and the Office of Social 6
	684	+	Equity within the [Alcohol, Tobacco, and Cannabis Commission] ADMINISTRATION and 7
	685	+	the cannabis licensee, shall establish a clear plan for setting reasonable and appropriate 8
	686	+	minority business enterprise participation goals and procedures for the procurement of 9
	687	+	goods and services related to cannabis, including the cultivation, manufacturing, and 10
	688	+	dispensing of cannabis. 11
712	689
713		-	– ~~16 –~~
	690	+	36–407. 12
714	691
715		-	36–505.
	692	+	(a) (3) An on–site consumption establishment may operate only if the [county 13
	693	+	and, if applicable, the municipality,] POLITICAL SUBDIVISIO N where the business is 14
	694	+	located [have] HAS issued a permit or license that expressly allows the operation of the 15
	695	+	on–site consumption establishment. 16
716	696
717		-	(a) In this ~~section~~, ~~“Central Repository”~~ ~~means the Criminal Justice Information~~
718		-	~~System Central Repository in the Department of Public Safety and Correctional Services.~~
	697	+	(b) Subject to the limitations in § 36–405 of this subtitle, a [county and, if 17
	698	+	applicable, a municipality] POLITICAL SUBDIVISIO N may: 18
719	699
720		-	(b) As part of an application to the Central Repository for a State and national
721		-	criminal history records check, an applicant shall submit to the Central Repository:
	700	+	(1) prohibit the operation of on–site consumption establishments; 19
722	701
723		-	(1) ~~two complete sets~~ of ~~legible fingerprints taken~~ on ~~forms approved by the~~
724		-	~~Director of the Central Repository and the Director of the Federal Bureau of Investigation~~;
	702	+	(2) prohibit or restrict the smoking or vaping of cannabis at on–site 20
	703	+	consumption establishments; or 21
725	704
726		-	(2) ~~the fee authorized under § 10~~–~~221(b)(7) of the Criminal Procedure~~
727		-	~~Article for access to State criminal history records; and~~
	705	+	(3) adopt zoning and planning requirements for on–site consumption 22
	706	+	establishments. 23
728	707
729		-	(3) the processing fee required by the Federal Bureau of Investigation for
730		-	a national criminal history records check.
	708	+	36–409. 24
731	709
732		-	(c) In accordance with §§ 10–201 through 10–228 of the Criminal Procedure
733		-	Article, the Central Repository shall forward to the Administration and to the applicant
734		-	the applicant’s criminal history record information.
	710	+	(a) The following businesses shall register with the Administration in order to 25
	711	+	provide services to a cannabis licensee: 26
735	712
736		-	(d) If an applicant has made two or more unsuccessful attempts at securing
737		-	legible fingerprints, the Administration may accept an alternate method of a criminal
738		-	history records check as permitted by the Director of the Central Repository and the
739		-	Director of the Federal Bureau of Investigation.
	713	+	(1) a transporter; 27
740	714
741		-	(e) ~~Information obtained from the Central Repository under this section shall be:~~
	715	+	(2) a security guard agency; 28
742	716
743		-	(1) ~~confidential and may not be redisseminated~~; and
	717	+	(3) a waste disposal company; [and] 29
744	718
745		-	(2) used only for the purpose of registration under this title.
	719	+	(4) A CANNABIS NURSERY ; AND 30
	720	+	16 HOUSE BILL 253
746	721
747		-	(f) (1) THE ADMINISTRATION MAY IS SUE A TEMPORARY CANN ABIS
748		-	AGENT REGISTRATION I F:
749	722
750		-	(I) AN ALTERNATE METHOD OF A CRIMINAL HISTOR Y RECORDS
751		-	CHECK, AS AUTHORIZED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE
752		-	DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION , IS USED A
753		-	PRE–EMPLOYMENT BACKGROUN D CHECK COMPLETED BY A THIRD–PARTY VENDOR IS
754		-	SUBMITTED TO AND APP ROVED BY THE ADMINISTRATION ; AND
	723	+	(5) any other type of cannabis business that is authorized by the 1
	724	+	Administration to provide plant or product–touching services to cannabis licensees. 2
755	725
756		-	(II) THE APPLICANT HAS SU BMITTED AN APPLICATI ON TO THE
757		-	CENTRAL REPOSITORY, AS REQUIRED IN SUBSE CTION (B) OF THIS SECTION.
758		-	WES MOORE, Governor Ch. 241
	726	+	36–501. 3
759	727
760		-	– 17 –
761		-	(2) THE PERIOD OF A TEMPO RARY CANNABIS AGENT REGISTRATION
762		-	ISSUED UNDER PARAGRA PH (1) OF THIS SUBSECTION M AY NOT EXCEED 60 90
763		-	CALENDAR DAYS .
	728	+	(a) A cannabis agent [shall] MUST be registered with the Administration before 4
	729	+	the agent may volunteer or work for a cannabis licensee or cannabis registrant. 5
764	730
765		-	(G) The subject of a criminal history records check under this section may contest
766		-	the criminal history record information disseminated by the Central Repository, as
767		-	provided in § 10–223 of the Criminal Procedure Article.
	731	+	(d) (1) The Administration may not register as a cannabis agent an individual 6
	732	+	who[: 7
768	733
769		-	36–903.
	734	+	(1)] does not meet the criteria established under subsection (c) of this 8
	735	+	section[; or]. 9
770	736
771		-	(a) (1) [This subsection does not apply to an advertisement placed on property
772		-	owned or leased by a dispensary, grower, or processor.
	737	+	(2) THE ADMINISTRATION MAY DISQUALIF Y AN INDIVIDUAL FROM 10
	738	+	REGISTERING AS A CAN NABIS AGENT IF THE I NDIVIDUAL has been convicted of or 11
	739	+	pleaded nolo contendere to a crime involving moral turpitude, whether or not any appeal 12
	740	+	or other proceeding is pending to have the conviction or plea set aside. 13
773	741
774		-	(2)] An advertisement for a cannabis licensee, cannabis product, or
775		-	cannabis–related service may not:
	742	+	36–505. 14
776	743
777		-	(i) violate Title 13, Subtitle 3 of the Commercial Law Article;
	744	+	(a) In this section, “Central Repository” means the Criminal Justice Information 15
	745	+	System Central Repository in the Department of Public Safety and Correctional Services. 16
778	746
779		-	(ii) directly or indirectly target individuals under the age of 21 years;
	747	+	(b) As part of an application to the Central Repository for a State and national 17
	748	+	criminal history records check, an applicant shall submit to the Central Repository: 18
780	749
781		-	(~~iii~~) ~~contain a design,~~ ~~an illustration,~~ ~~a picture,~~ ~~or a representation~~
782		-	~~that:~~
	750	+	(1) two complete sets of legible fingerprints taken on forms approved by the 19
	751	+	Director of the Central Repository and the Director of the Federal Bureau of Investigation; 20
783	752
784		-	1. targets or is attractive to minors, including a cartoon
785		-	character, a mascot, or any other depiction that is commonly used to market products to
786		-	minors;
	753	+	(2) the fee authorized under § 10–221(b)(7) of the Criminal Procedure 21
	754	+	Article for access to State criminal history records; and 22
787	755
788		-	~~2. displays~~ the ~~use~~ of ~~cannabis, including the consumption,~~
789		-	~~smoking, or vaping of cannabis;~~
	756	+	(3) the processing fee required by the Federal Bureau of Investigation for 23
	757	+	a national criminal history records check. 24
790	758
791		-	3. encourages or promotes cannabis for use as an intoxicant;
792		-	or
	759	+	(c) In accordance with §§ 10–201 through 10–228 of the Criminal Procedure 25
	760	+	Article, the Central Repository shall forward to the Administration and to the applicant 26
	761	+	the applicant’s criminal history record information. 27
793	762
794		-	4. is obscene;
	763	+	(d) If an applicant has made two or more unsuccessful attempts at securing 28
	764	+	legible fingerprints, the Administration may accept an alternate method of a criminal 29
	765	+	history records check as permitted by the Director of the Central Repository and the 30
	766	+	Director of the Federal Bureau of Investigation. 31
795	767
796		-	(iv) engage in advertising by means of television, radio, Internet,
797		-	mobile application, social media, or other electronic communication, EVENT
798		-	SPONSORSHIP , or print publication, unless at least 85% of the audience is reasonably
799		-	expected to be at least 21 years old as determined by reliable and current audience
800		-	composition data; or
	768	+	(e) Information obtained from the Central Repository under this section shall be: 32 HOUSE BILL 253 17
801	769
802		-	(v) EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS
803		-	SUBSECTION, engage in advertising by means of placing an advertisement on the side of a
804		-	building or another publicly visible location of any form, including a sign, a poster, a
805		-	placard, a device, a graphic display, an outdoor billboard, or a freestanding signboard.
806		-	Ch. 241 2024 LAWS OF MARYLAND
807	770
808		-	– 18 –
809		-	(2) A CANNABIS BUSINESS MA Y PLACE EXTERIOR SIG NAGE ON THE
810		-	PREMISES OF THE BUSI NESS FOR THE LIMITED PURPOSE OF IDENTIFYI NG THE
811		-	BUSINESS TO THE PUBL IC.
812	771
813		-	~~36–1102.~~
	772	+	(1) confidential and may not be redisseminated; and 1
814	773
815		-	(e) ~~A person who violates subsection (b)~~ of this ~~section:~~
	774	+	(2) used only for the purpose of registration under this title. 2
816	775
817		-	(1) MAY BE CHARGED BY A CITATION; AND
	776	+	(f) (1) THE ADMINISTRATION MAY IS SUE A TEMPORARY CANN ABIS 3
	777	+	AGENT REGISTRATION I F: 4
818	778
819		-	(2) is guilty of a misdemeanor and on conviction is subject to a fine not
820		-	exceeding $5,000.
	779	+	(I) AN ALTERNATE METHOD OF A CRIMINAL HISTOR Y RECORDS 5
	780	+	CHECK, AS AUTHORIZED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE 6
	781	+	DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION , IS USED A 7
	782	+	PRE–EMPLOYMENT BACKGROUN D CHECK COMPLETED BY A THIRD–PARTY VENDOR IS 8
	783	+	SUBMITTED TO AND APP ROVED BY THE ADMINISTRATION ; AND 9
821	784
822		-	(f) A person who violates subsection (c) of this section:
	785	+	(II) THE APPLICANT HAS SU BMITTED AN APPLICATI ON TO THE 10
	786	+	CENTRAL REPOSITORY, AS REQUIRED IN SUBSE CTION (B) OF THIS SECTION. 11
823	787
824		-	(1) MAY BE CHARGED BY A CITATION; AND
	788	+	(2) THE PERIOD OF A TEMPO RARY CANNABIS AGENT REGISTRATION 12
	789	+	ISSUED UNDER PARAGRA PH (1) OF THIS SUBSECTION M AY NOT EXCEED 60 90 13
	790	+	CALENDAR DAYS . 14
825	791
826		-	(2) is guilty of a misdemeanor and on conviction is subject to a fine not
827		-	exceeding $10,000.
	792	+	(G) The subject of a criminal history records check under this section may contest 15
	793	+	the criminal history record information disseminated by the Central Repository, as 16
	794	+	provided in § 10–223 of the Criminal Procedure Article. 17
828	795
829		-	~~Article – Economic Development~~
	796	+	36–903. 18
830	797
831		-	5–1901.
	798	+	(a) (1) [This subsection does not apply to an advertisement placed on property 19
	799	+	owned or leased by a dispensary, grower, or processor. 20
832	800
833		-	(b) There is a Cannabis Business Assistance Fund.
	801	+	(2)] An advertisement for a cannabis licensee, cannabis product, or 21
	802	+	cannabis–related service may not: 22
834	803
835		-	(g) (1) Subject to paragraph (2) of this subsection, the Fund may be used only
836		-	for:
	804	+	(i) violate Title 13, Subtitle 3 of the Commercial Law Article; 23
837	805
838		-	(i) grants or loans to small, minority–owned, or women–owned
839		-	businesses for:
	806	+	(ii) directly or indirectly target individuals under the age of 21 years; 24
840	807
841		-	~~1. license application assistance for participation in the~~
842		-	~~adult–use cannabis industry;~~
	808	+	(iii) contain a design, an illustration, a picture, or a representation 25
	809	+	that: 26
843	810
844		-	2. assistance with the operating or capital expenses of a
845		-	business participating in the adult–use cannabis industry; or
	811	+	1. targets or is attractive to minors, including a cartoon 27
	812	+	character, a mascot, or any other depiction that is commonly used to market products to 28
	813	+	minors; 29
	814	+	18 HOUSE BILL 253
846	815
847		-	3. targeted training to support participation in the adult–use
848		-	cannabis industry; [and]
849	816
850		-	(ii) grants to historically black colleges and universities for
851		-	cannabis–related programs and business development organizations, including incubators,
852		-	to train and assist small, minority, and women business owners and entrepreneurs seeking
853		-	to become licensed to participate in the adult–use cannabis industry; AND WES MOORE, Governor Ch. 241
	817	+	2. displays the use of cannabis, including the consumption, 1
	818	+	smoking, or vaping of cannabis; 2
854	819
855		-	– 19 –
	820	+	3. encourages or promotes cannabis for use as an intoxicant; 3
	821	+	or 4
856	822
857		-	~~(III) THE ADMINISTRATIVE C OSTS OF THE FUND~~.
	823	+	4. is obscene; 5
858	824
859		-	Article – Tax – General
	825	+	(iv) engage in advertising by means of television, radio, Internet, 6
	826	+	mobile application, social media, or other electronic communication, EVENT 7
	827	+	SPONSORSHIP , or print publication, unless at least 85% of the audience is reasonably 8
	828	+	expected to be at least 21 years old as determined by reliable and current audience 9
	829	+	composition data; or 10
860	830
861		-	10–208.
	831	+	(v) EXCEPT AS PROVIDED IN PARAG RAPH (2) OF THIS 11
	832	+	SUBSECTION, engage in advertising by means of placing an advertisement on the side of a 12
	833	+	building or another publicly visible location of any form, including a sign, a poster, a 13
	834	+	placard, a device, a graphic display, an outdoor billboard, or a freestanding signboard. 14
862	835
863		-	(bb) (1) The subtraction under subsection (a) of this section includes the amount
864		-	of ordinary and necessary expenses paid or incurred during the taxable year in carrying on
865		-	a trade or a business as a [medical] cannabis grower, processor, dispensary, or any other
866		-	cannabis establishment licensed OR REGISTERED by the State, if the deduction for
867		-	ordinary and necessary expenses is disallowed under § 280E of the Internal Revenue Code.
	836	+	(2) A CANNABIS BUSINESS MA Y PLACE EXTERIOR SIG NAGE ON THE 15
	837	+	PREMISES OF THE BUSI NESS FOR THE LIMITED PURPOSE OF IDENTIFYI NG THE 16
	838	+	BUSINESS TO THE PUBL IC. 17
868	839
869		-	10–~~308~~.
	840	+	36–1102. 18
870	841
871		-	(b) The subtraction under subsection (a) of this section includes the amounts
872		-	allowed to be subtracted for an individual under:
	842	+	(e) A person who violates subsection (b) of this section: 19
873	843
874		-	(6) § 10–208(bb) of this title (Trade or business expenses of [medical] A
875		-	LICENSED OR REGISTER ED cannabis grower, processor, dispensary, or any other
876		-	cannabis establishment).
	844	+	(1) MAY BE CHARGED BY A CITATION; AND 20
877	845
878		-	13–203.
	846	+	(2) is guilty of a misdemeanor and on conviction is subject to a fine not 21
	847	+	exceeding $5,000. 22
879	848
880		-	(c) ~~Tax information may be disclosed to~~:
	849	+	(f) A person who violates subsection (c) of this section: 23
881	850
882		-	(10) ~~the Alcohol [and], Tobacco,~~ AND ~~CANNABIS Commission;~~
	851	+	(1) MAY BE CHARGED BY A CITATION; AND 24
883	852
884		-	(14) a hospital, the Health Services Cost Review Commission, the
885		-	Department of Human Services, the Maryland Department of Health, and the State
886		-	Department of Education, to the extent necessary to administer § 19–214.4 of the Health –
887		-	General Article; [and]
	853	+	(2) is guilty of a misdemeanor and on conviction is subject to a fine not 25
	854	+	exceeding $10,000. 26
888	855
889		-	(15) subject to subsection (e) of this section, the Maryland Small Business
890		-	Retirement Savings Board and its authorized contractors for the purpose of administering
891		-	the Maryland Small Business Retirement Savings Program and Trust as authorized under
892		-	Title 12 of the Labor and Employment Article; AND
	856	+	Article – Economic Development 27
893	857
894		-	~~(16) THE MARYLAND CANNABIS ADMINISTRATION~~ .
	858	+	5–1901. 28
895	859
896		-	Chapter 254 of the Acts of 2023
	860	+	(b) There is a Cannabis Business Assistance Fund. 29
	861	+	HOUSE BILL 253 19
897	862
898		-	SECTION 10. AND BE IT FURTHER ENACTED, That, notwithstanding any other
899		-	provision of law, from the date this Act takes effect to December 31, [2023] 2024, both
900		-	inclusive, the Maryland Cannabis Administration is exempt from procurement
901		-	requirements under the State Finance and Procurement Article if the procurement is for: Ch. 241 2024 LAWS OF MARYLAND
902	863
903		-	– 20 –
	864	+	(g) (1) Subject to paragraph (2) of this subsection, the Fund may be used only 1
	865	+	for: 2
904	866
905		-	(1) banking services for the Administration to collect fees and tax revenue;
	867	+	(i) grants or loans to small, minority–owned, or women–owned 3
	868	+	businesses for: 4
906	869
907		-	~~(2) banking services to help support cannabis businesses to transition from~~
908		-	~~an all cash system~~;
	870	+	1. license application assistance for participation in the 5
	871	+	adult–use cannabis industry; 6
909	872
910		-	(3) a consultant to support the Administration in the process for cannabis
911		-	licensure, including services related to investigations and the financial or criminal history
912		-	review of applicants;
	873	+	2. assistance with the operating or capital expenses of a 7
	874	+	business participating in the adult–use cannabis industry; or 8
913	875
914		-	(4) a consultant to provide technical assistance to social equity applicants;
	876	+	3. targeted training to support participation in the adult–use 9
	877	+	cannabis industry; [and] 10
915	878
916		-	(5) communication services for public and consumer education campaigns
917		-	on cannabis laws and regulations and potential health and safety risks associated with
918		-	cannabis use; and
	879	+	(ii) grants to historically black colleges and universities for 11
	880	+	cannabis–related programs and business development organizations, including incubators, 12
	881	+	to train and assist small, minority, and women business owners and entrepreneurs seeking 13
	882	+	to become licensed to participate in the adult–use cannabis industry; AND 14
919	883
920		-	(6) ~~establishing a State cannabis testing laboratory at a preexisting site~~.
	884	+	(III) THE ADMINISTRATIVE C OSTS OF THE FUND. 15
921	885
922		-	~~Chapter 255 of the Acts of 2023~~
	886	+	Article – Tax – General 16
923	887
924		-	SECTION 10. AND BE IT FURTHER ENACTED, That, notwithstanding any other
925		-	provision of law, from the date this Act takes effect to December 31, [2023] 2024, both
926		-	inclusive, the Maryland Cannabis Administration is exempt from procurement
927		-	requirements under the State Finance and Procurement Article if the procurement is for:
	888	+	10–208. 17
928	889
929		-	(1) banking services for the Administration to collect fees and tax revenue;
	890	+	(bb) (1) The subtraction under subsection (a) of this section includes the amount 18
	891	+	of ordinary and necessary expenses paid or incurred during the taxable year in carrying on 19
	892	+	a trade or a business as a [medical] cannabis grower, processor, dispensary, or any other 20
	893	+	cannabis establishment licensed OR REGISTERED by the State, if the deduction for 21
	894	+	ordinary and necessary expenses is disallowed under § 280E of the Internal Revenue Code. 22
930	895
931		-	(2) banking services to help support cannabis businesses to transition from
932		-	an all cash system;
	896	+	10–308. 23
933	897
934		-	(3) a consultant to support the Administration in the process for cannabis
935		-	licensure, including services related to investigations and the financial or criminal history
936		-	review of applicants;
	898	+	(b) The subtraction under subsection (a) of this section includes the amounts 24
	899	+	allowed to be subtracted for an individual under: 25
937	900
938		-	(4) a consultant to provide technical assistance to social equity applicants;
	901	+	(6) § 10–208(bb) of this title (Trade or business expenses of [medical] A 26
	902	+	LICENSED OR REGISTER ED cannabis grower, processor, dispensary, or any other 27
	903	+	cannabis establishment). 28
939	904
940		-	(5) communication services for public and consumer education campaigns
941		-	on cannabis laws and regulations and potential health and safety risks associated with
942		-	cannabis use; and
	905	+	13–203. 29
943	906
944		-	(6) ~~establishing a State cannabis testing laboratory at a preexisting site.~~
	907	+	(c) Tax information may be disclosed to: 30
945	908
946		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
947		-	measure, is necessary for the immediate preservation of the public health or safety, has
948		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to WES MOORE, Governor Ch. 241
	909	+	(10) the Alcohol [and], Tobacco, AND CANNABIS Commission; 31 20 HOUSE BILL 253
949	910
950		-	– 21 –
951		-	each of the two Houses of the General Assembly, and shall take effect from the date it is
952		-	enacted.
953	911
954		-	Approved by the Governor, April 25, 2024.
	912	+
	913	+	(14) a hospital, the Health Services Cost Review Commission, the 1
	914	+	Department of Human Services, the Maryland Department of Health, and the State 2
	915	+	Department of Education, to the extent necessary to administer § 19–214.4 of the Health – 3
	916	+	General Article; [and] 4
	917	+
	918	+	(15) subject to subsection (e) of this section, the Maryland Small Business 5
	919	+	Retirement Savings Board and its authorized contractors for the purpose of administering 6
	920	+	the Maryland Small Business Retirement Savings Program and Trust as authorized under 7
	921	+	Title 12 of the Labor and Employment Article; AND 8
	922	+
	923	+	(16) THE MARYLAND CANNABIS ADMINISTRATION . 9
	924	+
	925	+	Chapter 254 of the Acts of 2023 10
	926	+
	927	+	SECTION 10. AND BE IT FURTHER ENACTED, That, notwithstanding any other 11
	928	+	provision of law, from the date this Act takes effect to December 31, [2023] 2024, both 12
	929	+	inclusive, the Maryland Cannabis Administration is exempt from procurement 13
	930	+	requirements under the State Finance and Procurement Article if the procurement is for: 14
	931	+
	932	+	(1) banking services for the Administration to collect fees and tax revenue; 15
	933	+
	934	+	(2) banking services to help support cannabis businesses to transition from 16
	935	+	an all cash system; 17
	936	+
	937	+	(3) a consultant to support the Administration in the process for cannabis 18
	938	+	licensure, including services related to investigations and the financial or criminal history 19
	939	+	review of applicants; 20
	940	+
	941	+	(4) a consultant to provide technical assistance to social equity applicants; 21
	942	+
	943	+	(5) communication services for public and consumer education campaigns 22
	944	+	on cannabis laws and regulations and potential health and safety risks associated with 23
	945	+	cannabis use; and 24
	946	+
	947	+	(6) establishing a State cannabis testing laboratory at a preexisting site. 25
	948	+
	949	+	Chapter 255 of the Acts of 2023 26
	950	+
	951	+	SECTION 10. AND BE IT FURTHER ENACTED, That, notwithstanding any other 27
	952	+	provision of law, from the date this Act takes effect to December 31, [2023] 2024, both 28
	953	+	inclusive, the Maryland Cannabis Administration is exempt from procurement 29
	954	+	requirements under the State Finance and Procurement Article if the procurement is for: 30
	955	+
	956	+	(1) banking services for the Administration to collect fees and tax revenue; 31
	957	+	HOUSE BILL 253 21
	958	+
	959	+
	960	+	(2) banking services to help support cannabis businesses to transition from 1
	961	+	an all cash system; 2
	962	+
	963	+	(3) a consultant to support the Administration in the process for cannabis 3
	964	+	licensure, including services related to investigations and the financial or criminal history 4
	965	+	review of applicants; 5
	966	+
	967	+	(4) a consultant to provide technical assistance to social equity applicants; 6
	968	+
	969	+	(5) communication services for public and consumer education campaigns 7
	970	+	on cannabis laws and regulations and potential health and safety risks associated with 8
	971	+	cannabis use; and 9
	972	+
	973	+	(6) establishing a State cannabis testing laboratory at a preexisting site. 10
	974	+
	975	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 11
	976	+	measure, is necessary for the immediate preservation of the public health or safety, has 12
	977	+	been passed by a yea and nay vote supported by three–fifths of all the members elected to 13
	978	+	each of the two Houses of the General Assembly, and shall take effect from the date it is 14
	979	+	enacted. 15
	980	+
	981	+
	982	+
	983	+
	984	+	Approved:
	985	+	________________________________________________________________________________
	986	+	Governor.
	987	+	________________________________________________________________________________
	988	+	Speaker of the House of Delegates.
	989	+	________________________________________________________________________________
	990	+	President of the Senate.