Maryland 2025 Regular Session

Maryland House Bill HB132 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0132*
66
77 HOUSE BILL 132
88 A3 5lr0130
99 (PRE–FILED) CF SB 215
1010 By: Chair, Economic Matters Committee (By Request – Maryland Cannabis
1111 Administration)
1212 Requested: October 7, 2024
1313 Introduced and read first time: January 8, 2025
1414 Assigned to: Economic Matters
1515
1616 A BILL ENTITLED
1717
1818 AN ACT concerning 1
1919
2020 Cannabis – On–Site Consumption Establishments and Cannabis Events 2
2121
2222 FOR the purpose of limiting application submissions for on–site consumption licenses to 3
2323 social equity applicants under certain circumstances; authorizing a political 4
2424 subdivision to establish hours of operation for on–site consumption establishments; 5
2525 authorizing the holder of an on–site consumption license to repackage and process 6
2626 cannabis and cannabis products under certain circumstances; establishing certain 7
2727 prohibitions for on–site consumption establishments related to the sale, distribution, 8
2828 and consumption of cannabis; authorizing the holder of a certain cannabis event 9
2929 registration established under this Act to hold certain cannabis events under certain 10
3030 circumstances; establishing certain vendor permits for the sale or distribution of 11
3131 cannabis products at cannabis events; authorizing political subdivisions to prohibit 12
3232 or restrict the authorization of cannabis events, subject to certain limitations; and 13
3333 generally relating to cannabis, on–site consumption establishments, and cannabis 14
3434 events. 15
3535
3636 BY repealing and reenacting, without amendments, 16
3737 Article – Alcoholic Beverages and Cannabis 17
3838 Section 36–101(a), (c), (h), and (y) 18
3939 Annotated Code of Maryland 19
4040 (2024 Replacement Volume) 20
4141
4242 BY adding to 21
4343 Article – Alcoholic Beverages and Cannabis 22
4444 Section 36–101(c–1) and (ee–1) and 36–407.1 23
4545 Annotated Code of Maryland 24
4646 (2024 Replacement Volume) 25
4747
4848 BY repealing and reenacting, with amendments, 26 2 HOUSE BILL 132
4949
5050
5151 Article – Alcoholic Beverages and Cannabis 1
5252 Section 36–101(i), 36–404(g)(3), and 36–407 2
5353 Annotated Code of Maryland 3
5454 (2024 Replacement Volume) 4
5555
5656 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBL Y OF MARYLAND, 5
5757 That the Laws of Maryland read as follows: 6
5858
5959 Article – Alcoholic Beverages and Cannabis 7
6060
6161 36–101. 8
6262
6363 (a) In this title the following words have the meanings indicated. 9
6464
6565 (c) “Administration” means the Maryland Cannabis Administration established 10
6666 under this title. 11
6767
6868 (C–1) “CANNABINOID BEVERAGE ” MEANS A BEVERAGE INT ENDED FOR 12
6969 HUMAN CONSUMPTION BY ORAL INGESTION THAT : 13
7070
7171 (1) IS SUITABLE FOR BEVE RAGE PURPOSES ; 14
7272
7373 (2) CONTAINS 5 MILLIGRAMS OR LESS O F TETRAHYDROCANNABIN OL, 15
7474 AS DEFINED IN § 36–1102 OF THIS TITLE, PER SERVING; 16
7575
7676 (3) IS CONTAINED AS A SI NGLE–SERVING PRODUCT ; 17
7777
7878 (4) IS LAWFULLY PRODUCED BY A CANNABIS LICENS EE; AND 18
7979
8080 (5) COMPLIES WITH : 19
8181
8282 (I) THE LABORATORY TESTI NG STANDARDS ESTABLI SHED 20
8383 UNDER § 36–203 OF THIS TITLE; AND 21
8484
8585 (II) THE PACKAGING AND LA BELING STANDARDS EST ABLISHED 22
8686 UNDER §§ 36–203 AND 36–203.1 OF THIS TITLE. 23
8787
8888 (h) “Cannabis licensee” means a business licensed by the Administration to 24
8989 operate in the cannabis industry. 25
9090
9191 (i) “Cannabis products” means products that are composed of cannabis, cannabis 26
9292 concentrate, cannabis extract, or other ingredients and are intended for use or 27
9393 consumption, including CANNABINOID BEVERAGE S, edible products, oils, and tinctures. 28
9494
9595 (y) “On–site consumption establishment” means an entity licensed under § 29 HOUSE BILL 132 3
9696
9797
9898 36–401(c)(4) of this title to distribute cannabis or cannabis products for on–site 1
9999 consumption other than consumption by smoking indoors. 2
100100
101101 (EE–1) (1) “SINGLE–SERVING PRODUCT ” MEANS AN EDIBLE CANN ABIS 3
102102 PRODUCT THAT : 4
103103
104104 (I) IS INDIVIDUALLY PACKAGED FOR RETAIL SALE; 5
105105
106106 (II) DOES NOT EXCEED THE SERVING LIMITS ESTAB LISHED BY 6
107107 THE REGULATIONS OF T HE ADMINISTRATION ; AND 7
108108
109109 (III) IS INTENDED FOR IMME DIATE CONSUMPTION . 8
110110
111111 (2) “SINGLE–SERVING PRODUCT ” INCLUDES A CANNABINO ID 9
112112 BEVERAGE. 10
113113
114114 36–404. 11
115115
116116 (g) (3) Application submissions for micro licenses AND ON –SITE 12
117117 CONSUMPTION LICENSES under this subsection are limited to social equity applicants. 13
118118
119119 36–407. 14
120120
121121 (a) (1) A person shall obtain an on–site consumption license from the 15
122122 Administration before operating a premises where cannabis may be consumed. 16
123123
124124 (2) The Administration may issue on –site consumption licenses 17
125125 authorizing an entity to operate a licensed premises in which cannabis OR CANNABIS 18
126126 PRODUCTS may be consumed, but not smoked indoors, in accordance with this title and 19
127127 any regulations adopted under this title. 20
128128
129129 (3) An on–site consumption establishment may operate only if the political 21
130130 subdivision where the business is located has issued a permit or license that expressly 22
131131 allows the operation of the on–site consumption establishment. 23
132132
133133 (b) Subject to the limitations in § 36–405 of this subtitle, a political subdivision 24
134134 may: 25
135135
136136 (1) prohibit the operation of on–site consumption establishments; 26
137137
138138 (2) prohibit or restrict the smoking or vaping of cannabis at on–site 27
139139 consumption establishments; [or] 28
140140
141141 (3) adopt zoning and planning requirements for on–site consumption 29
142142 establishments; OR 30 4 HOUSE BILL 132
143143
144144
145145
146146 (4) ESTABLISH HOURS OF O PERATION FOR ON –SITE CONSUMPTION 1
147147 ESTABLISHMENTS . 2
148148
149149 (c) (1) An on–site consumption license authorizes an entity, FOR THE 3
150150 PURPOSES OF ON –SITE CONSUMPTION , to: 4
151151
152152 (I) distribute cannabis or cannabis products [for on–site 5
153153 consumption]; 6
154154
155155 (II) ACQUIRE CANNABIS OR CANNABIS PRODUCTS FR OM A 7
156156 CANNABIS LICENSEE IN ACCORDANCE WITH THIS TITLE; 8
157157
158158 (III) REPACKAGE CANNABIS O R CANNABIS PRODUCTS FOR THE 9
159159 PURPOSE OF CREATING SINGLE –SERVING PRODUCTS ; AND 10
160160
161161 (IV) PROCESS CANNABIS OR CANNABIS–INFUSED PRODUCTS . 11
162162
163163 (2) An on–site consumption license does not authorize the holder of the 12
164164 license to[: 13
165165
166166 (i)] cultivate cannabis[; 14
167167
168168 (ii) process cannabis or cannabis–infused products; or 15
169169
170170 (iii) add cannabis to food prepared or served on the premises. 16
171171
172172 (d) A business that has average daily receipts from the sale of bakery goods that 17
173173 are at least 50% of the average daily receipts of the business may apply for a license to 18
174174 operate an on–site consumption establishment]. 19
175175
176176 (D) AN ON–SITE CONSUMPTION ESTABLISHMENT MAY AL SO OPERATE AS A 20
177177 FOOD SERVICE FACILIT Y, AS DEFINED IN § 21–301 OF THE HEALTH – GENERAL 21
178178 ARTICLE. 22
179179
180180 (E) AN ON–SITE CONSUMPTION EST ABLISHMENT SHALL COM PLY WITH THE 23
181181 FOLLOWING STANDARDS WHEN PROCESSING , PREPARING, REPACKAGING , OR 24
182182 INFUSING ANY CANNABI S OR CANNABIS PRODUC TS: 25
183183
184184 (1) MANUFACTURING STANDA RDS ESTABLISHED UNDE R § 36–203 OF 26
185185 THIS TITLE; 27
186186
187187 (2) LABORATORY TESTING S TANDARDS ESTABLISHED UNDER § 28
188188 36–203 OF THIS TITLE; AND 29 HOUSE BILL 132 5
189189
190190
191191
192192 (3) PACKAGING AND LABELI NG STANDARDS ESTABLI SHED UNDER §§ 1
193193 36–203 AND 36–203.1 OF THIS TITLE. 2
194194
195195 [(e)] (F) The Administration shall: 3
196196
197197 (1) maintain a list of all on–site consumption establishments in the State; 4
198198 and 5
199199
200200 (2) make the list available on its website. 6
201201
202202 [(f)] (G) An on–site consumption establishment may not: 7
203203
204204 (1) allow on–duty employees of the business to consume cannabis on the 8
205205 licensed premises; 9
206206
207207 (2) distribute or allow the distribution of free samples of cannabis on the 10
208208 licensed premises; 11
209209
210210 (3) allow the consumption of alcohol on the licensed premises; 12
211211
212212 (4) allow the smoking or vaping of tobacco or tobacco products on the 13
213213 licensed premises; 14
214214
215215 (5) allow an activity on the licensed premises that would require an 15
216216 additional license under this title, including growing[, processing,] or dispensing; 16
217217
218218 (6) allow the indoor smoking of cannabis or cannabis products on the 17
219219 licensed premises; 18
220220
221221 (7) allow the use or consumption of cannabis by a patron who displays any 19
222222 visible signs of intoxication; [or] 20
223223
224224 (8) admit onto the licensed premises an individual who is under the age of 21
225225 21 years; 22
226226
227227 (9) ALLOW AN INDIVIDUAL TO CONSUME CANNABIS OR CANNABIS 23
228228 PRODUCTS ON THE PREM ISES IF THE CANNABIS OR C ANNABIS PRODUCT WAS NOT 24
229229 OBTAINED FROM THE ON –SITE CONSUMPTION EST ABLISHMENT ; 25
230230
231231 (10) ALLOW AN INDIVIDUAL TO REMOVE CANNABIS O R CANNABIS 26
232232 PRODUCTS FROM THE PR EMISES OF THE ESTABL ISHMENT; OR 27
233233
234234 (11) SELL OR DISTRIBUTE CA NNABIS OR CANNABIS PRODUCTS TO AN 28
235235 INDIVIDUAL THAT ARE INTENDED AS MORE THA N A SINGLE–SERVING PRODUCT . 29 6 HOUSE BILL 132
236236
237237
238238
239239 [(g)] (H) An on–site consumption establishment shall: 1
240240
241241 (1) require all employees to successfully complete an annual responsible 2
242242 vendor training program authorized under this title; and 3
243243
244244 (2) ensure that the display and consumption of cannabis or cannabis 4
245245 products are not visible from outside of the licensed premises. 5
246246
247247 [(h)] (I) (1) An on–site cannabis establishment shall educate consumers by 6
248248 providing informational materials regarding the safe consumption of cannabis. 7
249249
250250 (2) The educational materials provided under paragraph (1) of this 8
251251 subsection must be based on the requirements established by the Cannabis Public Health 9
252252 Advisory Council established under § 13–4502 of the Health – General Article. 10
253253
254254 [(i)] (J) This section does not prohibit a county or municipality from adopting 11
255255 additional requirements for education on the safe consumption of cannabis on the premises 12
256256 of a licensed on–site consumption establishment. 13
257257
258258 [(j)] (K) A person may have an ownership interest in or control of, including the 14
259259 power to manage and operate, two on–site consumption establishments licensed under this 15
260260 section. 16
261261
262262 36–407.1. 17
263263
264264 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
265265 INDICATED. 19
266266
267267 (2) “CANNABIS EVENT” MEANS AN EVENT THAT : 20
268268
269269 (I) INVOLVES THE CONSUMP TION OF CANNABIS PRO DUCTS BY 21
270270 INDIVIDUALS ON THE P REMISES OF THE EVENT ; AND 22
271271
272272 (II) WAS AUTHORIZED BY THE ADMINISTRATION THROUG H A 23
273273 CANNABIS EVENT REGIS TRATION. 24
274274
275275 (3) “CANNABIS EVENT REGISTRATION ” MEANS A TEMPORARY 25
276276 REGISTRATION ISSUED BY THE ADMINISTRATION THAT A UTHORIZES A PERSON T O 26
277277 HOLD A CANNABIS EVEN T. 27
278278
279279 (4) “VENDOR PERMIT ” MEANS A PERMIT ISSUE D BY THE 28
280280 ADMINISTRATION TO A C ANNABIS LICENSEE THA T AUTHORIZES THE SAL E OR 29
281281 DISTRIBUTION OF CANN ABIS PRODUCTS TO IND IVIDUALS AT A CANNAB IS EVENT. 30
282282 HOUSE BILL 132 7
283283
284284
285285 (B) (1) A PERSON SHALL OBTAIN A CANNA BIS EVENT REGISTRATI ON 1
286286 FROM THE ADMINISTRATION BEFORE HOLDING A CANNABIS E VENT. 2
287287
288288 (2) THE ADMINISTRATION SHALL: 3
289289
290290 (I) MAINTAIN A LIST OF A LL CANNABIS EVENTS IN T HE STATE; 4
291291 AND 5
292292
293293 (II) MAKE THE LIST AVAILABLE O N THE ADMINISTRATION ’S 6
294294 WEBSITE. 7
295295
296296 (C) (1) A PERSON WHO HAS OBTAI NED A CANNABIS EVENT REGISTRATION 8
297297 AND LEGAL CONTROL OF REAL PROPERTY THAT I S THE LOCATION OF TH E CANNABIS 9
298298 EVENT MAY: 10
299299
300300 (I) ALLOW THE CONSUMPTIO N OF EDIBLE CANNABIS 11
301301 PRODUCTS BY INDIVIDU ALS AT THE CANNABIS EVENT; 12
302302
303303 (II) ACQUIRE CANNABINOID BEVERAGES FOR RETAIL SALE OR 13
304304 DISTRIBUTION TO INDI VIDUALS FOR CONSUMPT ION AT THE CANNABIS EVENT; AND 14
305305
306306 (III) ALLOW A HOLDER OF A VENDOR P ERMIT TO SELL OR 15
307307 DISTRIBUTE SINGLE –SERVING PRODUCTS AT THE CANNABIS EVENT . 16
308308
309309 (2) A CANNABIS EVENT REGIS TRATION DOES NOT AUT HORIZE THE 17
310310 HOLDER OF THE REGIST RATION TO CONDUCT AN ACTIVITY THAT WOULD REQUIRE 18
311311 AN ADDITIONAL LICENS E UNDER THIS TITLE . 19
312312
313313 (D) (1) IN ORDER TO OBTAIN A CANNABIS EVENT REGIS TRATION UNDER 20
314314 SUBSECTION (B) OF THIS SECTION , A PERSON SHALL PROVI DE THE 21
315315 ADMINISTRATION WITH T HE FOLLOWING : 22
316316
317317 (I) GENERAL INFORMATION ABOUT TH E CANNABIS EVENT ; 23
318318
319319 (II) THE TIME, DATE, LOCATION, AND DURATION OF TH E 24
320320 CANNABIS EVENT ; 25
321321
322322 (III) NOTICE OF AT LEAST 60 CALENDAR DAYS BEFORE THE 26
323323 EVENT; AND 27
324324
325325 (IV) ANY OTHER INFORMATION THAT THE ADMINISTRATION 28
326326 REQUIRES. 29
327327 8 HOUSE BILL 132
328328
329329
330330 (2) A CANNABIS EVENT AUTHO RIZED BY THE ADMINISTRATION 1
331331 UNDER THIS SECTION S HALL BE LIMITED : 2
332332
333333 (I) TO A PERIOD OF 48 HOURS; AND 3
334334
335335 (II) TO 4 CONSECUTIVE DAYS FOR THE SAME OR SIMILAR EVENT 4
336336 AT THE SAME OR APPRO XIMATE LOCATION . 5
337337
338338 (3) (I) A CANNABIS EVENT MAY NOT BE HEL D IN VIOLATION OF 6
339339 THIS SUBSECTION . 7
340340
341341 (II) A CANNABIS EVENT REGISTRATION S HALL BE VOID IF THE 8
342342 HOLDER OF THE REGIST RATION VIOLATES SUBP ARAGRAPH (I) OF THIS PARAGRAPH . 9
343343
344344 (E) (1) THE HOLDER OF A CANNA BIS EVENT REGISTRATI ON MAY NOT: 10
345345
346346 (I) ALLOW THE SMOKING OR VAPING OF CANNABIS O R 11
347347 CANNABIS PRODUCTS AT THE CANNABIS EVENT ; 12
348348
349349 (II) ALLOW THE USE O R CONSUMPTION OF CAN NABIS BY AN 13
350350 INDIVIDUAL WHO DISPL AYS ANY VISIBLE SIGN S OF INTOXICATION ; OR 14
351351
352352 (III) HOLD, OWN, OR CONTROL A CANNABI S LICENSE. 15
353353
354354 (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 16
355355 HOLDER OF A CANNABIS EVENT REGISTRATION F OR THE PURPOSE SPECIFIED 17
356356 UNDER SUBSECTION (C)(1)(III) OF THIS SECTION MAY NOT: 18
357357
358358 1. ADMIT ONTO THE CANNA BIS EVENT PREMISES A N 19
359359 INDIVIDUAL WHO IS UN DER THE AGE OF 21 YEARS; OR 20
360360
361361 2. ALLOW THE CONSUMPTIO N OF ALCOHOL ON THE 21
362362 PREMISES OF THE CANN ABIS EVENT. 22
363363
364364 (II) THE PROHIBITIONS UNDE R SUBPARAGRAPH (I) OF THIS 23
365365 PARAGRAPH DO NOT APP LY IF THE SALE, DISTRIBUTION, AND CONSUMPTION OF 24
366366 CANNABIS PRODUCTS AR E RESTRICTED TO AN A REA WITHIN THE EVENT THAT: 25
367367
368368 1. PROHIBITS ACCESS TO INDIVIDUALS UNDER TH E AGE 26
369369 OF 21 YEARS; 27
370370
371371 2. DOES NOT AUTHORIZE T HE SALE, DISTRIBUTION, OR 28
372372 CONSUMPTION OF ALCOH OL; AND 29 HOUSE BILL 132 9
373373
374374
375375
376376 3. IS NOT VISIBLE FROM ANY PUBLIC PLACE OR 1
377377 UNRESTRICTED AREA OF THE CANNABIS EVENT . 2
378378
379379 (F) (1) THE HOLDER OF A VENDO R PERMIT MAY SELL OR DISTRIBUTE 3
380380 SINGLE–SERVING PRODUCTS TO INDIVIDUALS AT A CANNABIS EVENT . 4
381381
382382 (2) A CANNABIS LICENSEE SH ALL SUBMIT A REQUEST FOR A VENDOR 5
383383 PERMIT TO THE ADMINISTRATION AT LEA ST 30 CALENDAR DAYS BEFORE THE 6
384384 CANNABIS EVENT . 7
385385
386386 (3) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE 8
387387 ADMINISTRATION SHAL L ISSUE VENDOR PERMI TS TO: 9
388388
389389 (I) SOCIAL EQUITY LICENS EES ON OR BEFORE JUNE 30, 2028; 10
390390 AND 11
391391
392392 (II) SOCIAL EQUITY, DISPENSARY, ON–SITE CONSUMPTION , OR 12
393393 PROCESSOR LICENSEES ON OR AFTER JULY 1, 2028. 13
394394
395395 (4) THE HOLDER OF A VENDO R PERMIT SHALL COMPL Y WITH: 14
396396
397397 (I) THE MANUFACTURING ST ANDARDS ESTABLISHED UNDER § 15
398398 36–203 OF THIS TITLE; 16
399399
400400 (II) THE LABORATORY TESTI NG STANDARDS ESTABLI SHED 17
401401 UNDER § 36–203 OF THIS TITLE; 18
402402
403403 (III) PACKAGING AND LABELI NG STANDARDS ESTABLI SHED 19
404404 UNDER §§ 36–203 AND 36–203.1 OF THIS TITLE; AND 20
405405
406406 (IV) APPLICABLE REGULATIO NS ADOPTED UNDER THI S TITLE. 21
407407
408408 (G) (1) THE SALE OF CANNABIS AND CANNABIS PRODUCT S UNDER THIS 22
409409 SECTION IS SUBJECT T O THE SALES AND USE TAX AT THE RATE APPL ICABLE TO 23
410410 CANNABIS SALES UNDER § 11–104(K) OF THE TAX – GENERAL ARTICLE. 24
411411
412412 (2) THE LOCATION OF A CAN NABIS EVENT SHALL BE THE BASIS FOR 25
413413 CALCULATING ANY AMOU NT OF THE SALES AND USE TAX DISTRIBUTED UNDER § 26
414414 2–1302.2 OF THE TAX – GENERAL ARTICLE. 27
415415
416416 (H) (1) THE ADMINISTRATION SHALL CHARGE A $500 FEE FOR EACH DAY 28
417417 THAT A CANNABIS EVENT IS HELD . 29 10 HOUSE BILL 132
418418
419419
420420
421421 (2) FOR A VENDOR PERMIT A T A CANNABIS EVENT , THE 1
422422 ADMINISTRATION MAY NO T CHARGE A FEE OF MO RE THAN $5,000 FOR EVERY 2,000 2
423423 CANNABIS EVENT ATTEN DEES. 3
424424
425425 (I) SUBJECT TO THE LIMITA TIONS IN § 36–405 OF THIS SUBTITLE , A 4
426426 POLITICAL SUBDIVISIO N MAY: 5
427427
428428 (1) PROHIBIT OR RESTRICT THE AUTHORIZATION OF CANNABIS 6
429429 EVENT REGISTRATIONS ; OR 7
430430
431431 (2) ASSESS AN ADDITIONAL FEE ON CANNABIS EVEN T REGISTRATIONS 8
432432 THAT AUTHORIZE A CAN NABIS EVENT WITHIN T HE POLITICAL SUBDIVI SION. 9
433433
434434 (J) THE ADMINISTRATION , A POLITICAL SUBDIVISION, OR A LAW 10
435435 ENFORCEMENT AGENCY , AS DEFINED IN § 3–201 OF THE PUBLIC SAFETY ARTICLE, 11
436436 MAY ORDER THE IMMEDI ATE CESSATION OF A C ANNABIS EVENT IF : 12
437437
438438 (1) THE HOLDER OF A CANN ABIS EVENT REGISTRAT ION OR VENDOR 13
439439 PERMIT SELLS OR DIST RIBUTES CANNABIS OR CANNABIS PRODUCTS IN V IOLATION 14
440440 OF THIS TITLE; OR 15
441441
442442 (2) IT IS OTHERWISE NECE SSARY TO PROTECT THE IMMEDIATE 16
443443 PUBLIC HEALTH , SAFETY, AND WELFARE OF THE C ANNABIS EVENT ATTEND EES AND 17
444444 SURROUNDING COMMUNIT Y. 18
445445
446446 (K) A PERSON WHO HOLDS AN UNAUTHO RIZED CANNABIS EVENT IN 19
447447 VIOLATION OF THIS SE CTION IS GUILTY OF A MISDEMEANOR AND ON C ONVICTION IS 20
448448 SUBJECT TO A FINE NO T EXCEEDING $5,000. 21
449449
450450 (L) THE ADMINISTRATION SHALL ADOPT REGULATI ONS TO CARRY OUT 22
451451 THIS SECTION. 23
452452
453453 SECTION 2. AND BE I T FURTHER ENACTED, That this Act shall take effect 24
454454 October 1, 2025. 25
455455