Maryland 2025 Regular Session

Maryland Senate Bill SB726 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0726
6	6
7	7	SENATE BILL 726
8	8	A3, K3 5lr3268
9	9
10	10	By: Senator Ellis
11	11	Introduced and read first time: January 27, 2025
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Cannabis Licensees – Bona Fide Labor Organizations and Labor Peace 2
19	19	Agreements 3
20	20
21	21	FOR the purpose of requiring the Maryland Cannabis Administration to consider certain 4
22	22	factors in determining if a labor organization is a “bona fide labor organization”; 5
23	23	requiring a cannabis licensee, under certain circumstances, to execute a certain labor 6
24	24	peace agreement and to maintain and abide by the agreement; authorizing a certain 7
25	25	labor organization to file a protest with the Administration against the renewal of a 8
26	26	cannabis license; and generally relating to cannabis licenses, labor peace 9
27	27	agreements, and bona fide labor organizations. 10
28	28
29	29	BY repealing and reenacting, without amendments, 11
30	30	Article – Alcoholic Beverages and Cannabis 12
31	31	Section 36–101(a), (c), and (h) and 36–401(a) and (b)(1)(ii) 13
32	32	Annotated Code of Maryland 14
33	33	(2024 Replacement Volume) 15
34	34
35	35	BY adding to 16
36	36	Article – Alcoholic Beverages and Cannabis 17
37	37	Section 36–101(c–1) and (w–1), 36–202(a)(9), and 36–401(b)(1)(vi) and (j) 18
38	38	Annotated Code of Maryland 19
39	39	(2024 Replacement Volume) 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Article – Alcoholic Beverages and Cannabis 22
43	43	Section 36–202(a)(9) and (10), 36–401(b)(1)(iv) and (v), and 36–411(a) 23
44	44	Annotated Code of Maryland 24
45	45	(2024 Replacement Volume) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That the Laws of Maryland read as follows: 27 2 SENATE BILL 726
49	49
50	50
51	51
52	52	Article – Alcoholic Beverages and Cannabis 1
53	53
54	54	36–101. 2
55	55
56	56	(a) In this title the following words have the meanings indicated. 3
57	57
58	58	(c) “Administration” means the Maryland Cannabis Administration established 4
59	59	under this title. 5
60	60
61	61	(C–1) “BONA FIDE LABOR ORGAN IZATION” MEANS A LABOR ORGANI ZATION 6
62	62	THAT COMPLIES WITH 29 U.S.C. § 431 AND IS ACTIVELY SPEN DING RESOURCES TO 7
63	63	ORGANIZE EMPLOYEES OF A CANNABIS LICENSEE FOR THE PURPOSES OF 8
64	64	ADVOCATING FOR IMPROVED WORKING CONDITIONS . 9
65	65
66	66	(h) “Cannabis licensee” means a business licensed by the Administration to 10
67	67	operate in the cannabis industry. 11
68	68
69	69	(W–1) “LABOR PEACE AGREEMENT ” MEANS AN AGREEMENT B ETWEEN A BONA 12
70	70	FIDE LABOR ORGANIZATION AND A CANNABIS LICENSEE THAT PROHIBITS THE 13
71	71	LABOR ORGANIZATION F ROM ENGAGING IN PICK ETING, WORK STOPPAGES , OR 14
72	72	BOYCOTTS AGAINST THE LICENSED ENTITY. 15
73	73
74	74	36–202. 16
75	75
76	76	(a) The Administration shall: 17
77	77
78	78	(9) WHEN DETERMINING IF A LAB OR ORGANIZATION IS A BONA FIDE 18
79	79	LABOR ORGANIZATION , CONSIDER WHETHER THE LABOR OR GANIZATION: 19
80	80
81	81	(I) IS THE BARGAINING REP RESENTATIVE FOR EMPL OYEES OF 20
82	82	A CANNABIS LICENSEE; 21
83	83
84	84	(II) IS A PARTY TO A BARGA INING AGREEMENT WITH A 22
85	85	CANNABIS LICENSEE ; 23
86	86
87	87	(III) IS SPENDING SIGNIFICA NT RESOURCES , INCLUDING 24
88	88	ASSIGNING PAID STAFF , TO ACTIVELY ORGANIZE EMPLOYEES OF A CANNA BIS 25
89	89	LICENSEE; 26
90	90
91	91	(IV) HAS, WITHIN THE PREVIOUS 6 MONTHS, FILED LABOR 27
92	92	GRIEVANCES AGAINST A CANNABIS LICENSEE ; 28
93	93	SENATE BILL 726 3
94	94
95	95
96	96	(V) HAS, WITHIN THE PREVIOUS 2 YEARS, ENGAGED IN 1
97	97	PICKETING, STRIKING, PUBLICLY THREATENING TO PICKET OR STRIKE , OR 2
98	98	PUBLICLY CALLING FOR CONSUMER BOYCOTTS AG AINST A CANNABIS LICENSEE ; 3
99	99
100	100	(VI) IS BASED IN THE STATE OR MAINTAINS A PERMANENT STAFF 4
101	101	IN THE STATE; AND 5
102	102
103	103	(VII) IS AFFILIATED WITH A NATIONAL OR REGION AL LABOR 6
104	104	COUNCIL THAT COVERS A REGION OF THE STATE; 7
105	105
106	106	[(9)] (10) adopt regulations necessary to carry out its duties under this 8
107	107	title; and 9
108	108
109	109	[(10)] (11) perform any other power authorized or duty required under this 10
110	110	title or any other provision of State law. 11
111	111
112	112	36–401. 12
113	113
114	114	(a) (1) A person must obtain a cannabis license issued by the Administration 13
115	115	to operate a cannabis business. 14
116	116
117	117	(2) A cannabis license issued under this subtitle: 15
118	118
119	119	(i) authorizes the holder of the license to operate a medical and 16
120	120	adult–use cannabis business; 17
121	121
122	122	(ii) is valid for 5 years on initial licensure and 5 years on renewal; 18
123	123	and 19
124	124
125	125	(iii) may be transferred only in accordance with Subtitle 5 of this 20
126	126	title. 21
127	127
128	128	(b) (1) The Administration shall: 22
129	129
130	130	(ii) on or before July 1, 2023, convert licenses that were issued to 23
131	131	medical cannabis growers, processors, and dispensaries, including those businesses 24
132	132	preapproved for licensure, to licenses to operate a medical and adult–use cannabis business 25
133	133	if: 26
134	134
135	135	1. a conversion fee is paid in accordance with § 36–403 of this 27
136	136	subtitle; and 28
137	137
138	138	2. the business complies with the ownership restrictions 29
139	139	under subsection (e) of this section; 30
140	140	4 SENATE BILL 726
141	141
142	142
143	143	(iv) issue dispensary licenses in a manner that encourages a 1
144	144	balanced geographic distribution based on population and market demand within a specific 2
145	145	county, as well as cross–jurisdictional market demand; [and] 3
146	146
147	147	(v) adopt regulations requiring licensees whose licenses were 4
148	148	converted by the Administration under item (ii) of this paragraph to reserve a specified 5
149	149	amount of cannabis for social equity licensees; AND 6
150	150
151	151	(VI) ADOPT REGULATIONS IM PLEMENTING THE REQUI REMENTS 7
152	152	UNDER SUBSECTION (J) OF THIS SECTION REGA RDING LABOR PEACE AG REEMENTS. 8
153	153
154	154	(J) PRIOR TO THE RENEWAL OF A CANNABIS LICENS EE’S LICENSE FOR THE 9
155	155	FIRST TIME UNDER THI S SUBTITLE, INCLUDING A LICENSE CONVERTED UNDER 10
156	156	SUBSECTION (B)(1)(II) OF THIS SECTION, THE CANNABIS LICENSE E SHALL EXECUTE 11
157	157	A LABOR PEACE AGREEM ENT AND, AFTER ITS LICENSE IS RENEWED, SHALL 12
158	158	MAINTAIN AND ABIDE B Y THE LABOR PEACE AGREEMENT AS A CONDITION OF 13
159	159	LICENSURE. 14
160	160
161	161	36–411. 15
162	162
163	163	(a) (1) A protest against a license renewal may be filed with the 16
164	164	Administration by: 17
165	165
166	166	(I) at least 10 individuals who are: 18
167	167
168	168	[(i)] 1. residents, commercial tenants who are not holders of or 19
169	169	applicants for a license, or real estate owners; and 20
170	170
171	171	[(ii)] 2. located within 1,000 feet of the licensed premises; OR 21
172	172
173	173	(II) A BONA FIDE LABOR OR GANIZATION. 22
174	174
175	175	(2) A protest against a license renewal shall: 23
176	176
177	177	(i) be on the basis of: 24
178	178
179	179	1. a violation of this title; 25
180	180
181	181	2. a violation of civil or criminal law; 26
182	182
183	183	3. conduct by a licensee that creates or maintains conditions 27
184	184	that allow other individuals to act in a manner that disturbs the public peace, including: 28
185	185
186	186	A. obstruction of public rights–of–way by unruly crowds; 29
187	187	SENATE BILL 726 5
188	188
189	189
190	190	B. assault, battery, or other disorderly conduct that disturbs 1
191	191	the public peace; 2
192	192
193	193	C. vandalism; or 3
194	194
195	195	D. littering; or 4
196	196
197	197	4. any other violation established by the Administration by 5
198	198	regulation; and 6
199	199
200	200	(ii) be signed under oath. 7
201	201
202	202	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
203	203	October 1, 2025. 9
204	204