Md. Code, Alcoholic Beverages and Cannabis § 36-410
This is the official text of Md. Code, Alcoholic Beverages and Cannabis § 36-410, part of Maryland’s Code, Alcoholic Beverages and Cannabis — regulates the sale and licensing of alcohol and cannabis.
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§36–410.
Official statutory text
(a) Beginning July 1, 2023, a cannabis licensee that is operating a dispensary shall:
(1) ensure that it has adequate supply for qualifying patients and caregivers;
(2) set aside operating hours or dedicated service lines to serve only qualifying patients and caregivers; and
(3) as supply becomes available as determined by the Administration, ensure that at least 25% of cannabis and cannabis products in the dispensary are from social equity licensees and growers and processors that do not share common ownership with the dispensary.
(b) Except as provided in subsection (d) of this section, a licensed dispensary may not locate within:
(1) 500 feet of:
(i) a pre–existing primary or secondary school in the State, or a licensed child care center or registered family child care home under Title 9.5 of the Education Article; or
(ii) a pre–existing playground, recreation center, library, public park, or place of worship; or
(2) 1,000 feet of another dispensary under this title.
(c) (1) Except as provided in paragraph (2) of this subsection, a political subdivision may adopt an ordinance reducing, but not increasing, the distance requirements under subsection (b) of this section.
(2) A political subdivision may by ordinance increase the distance limitation for dispensaries under subsection (b)(2) of this section to not more than one–half mile.
(d) The distance requirements under subsection (b) of this section do not apply to a dispensary license that was:
(1) converted under § 36–401(b)(1)(ii) of this subtitle; and
(2) properly zoned and operating before July 1, 2023.
(e) A political subdivision may not adopt an ordinance establishing zoning requirements for licensed dispensaries that are more restrictive than zoning requirements for a retail dealer licensed under this article.
(f) A political subdivision may not adopt an ordinance:
(1) establishing a zoning requirement for a licensed grower cultivating cannabis exclusively outdoors in an area zoned only for agricultural use that is more restrictive than any zoning requirements that existed on June 30, 2023, governing a hemp farm registered under Title 14 of the Agriculture Article in the political subdivision; or
(2) prohibiting outdoor cannabis cultivation on a premises that was properly zoned for outdoor cannabis cultivation on or before June 30, 2023.
(g) A political subdivision may:
(1) by ordinance, establish a distance limitation for dispensaries of up to 100 feet from an area zoned for residential use; or
(2) apply to dispensaries the distance limitation for licensed alcoholic beverage retailers from an area zoned for residential use.
(h) A political subdivision shall grant a waiver to an ordinance that provides a distance requirement for dispensaries under this section for a licensed dispensary that was in operation before April 1, 2024.
(i) A political subdivision that has not adopted an ordinance under subsection (c) of this section before July 1, 2025, is subject to the distance requirements under subsection (b) of this section.
(1) ensure that it has adequate supply for qualifying patients and caregivers;
(2) set aside operating hours or dedicated service lines to serve only qualifying patients and caregivers; and
(3) as supply becomes available as determined by the Administration, ensure that at least 25% of cannabis and cannabis products in the dispensary are from social equity licensees and growers and processors that do not share common ownership with the dispensary.
(b) Except as provided in subsection (d) of this section, a licensed dispensary may not locate within:
(1) 500 feet of:
(i) a pre–existing primary or secondary school in the State, or a licensed child care center or registered family child care home under Title 9.5 of the Education Article; or
(ii) a pre–existing playground, recreation center, library, public park, or place of worship; or
(2) 1,000 feet of another dispensary under this title.
(c) (1) Except as provided in paragraph (2) of this subsection, a political subdivision may adopt an ordinance reducing, but not increasing, the distance requirements under subsection (b) of this section.
(2) A political subdivision may by ordinance increase the distance limitation for dispensaries under subsection (b)(2) of this section to not more than one–half mile.
(d) The distance requirements under subsection (b) of this section do not apply to a dispensary license that was:
(1) converted under § 36–401(b)(1)(ii) of this subtitle; and
(2) properly zoned and operating before July 1, 2023.
(e) A political subdivision may not adopt an ordinance establishing zoning requirements for licensed dispensaries that are more restrictive than zoning requirements for a retail dealer licensed under this article.
(f) A political subdivision may not adopt an ordinance:
(1) establishing a zoning requirement for a licensed grower cultivating cannabis exclusively outdoors in an area zoned only for agricultural use that is more restrictive than any zoning requirements that existed on June 30, 2023, governing a hemp farm registered under Title 14 of the Agriculture Article in the political subdivision; or
(2) prohibiting outdoor cannabis cultivation on a premises that was properly zoned for outdoor cannabis cultivation on or before June 30, 2023.
(g) A political subdivision may:
(1) by ordinance, establish a distance limitation for dispensaries of up to 100 feet from an area zoned for residential use; or
(2) apply to dispensaries the distance limitation for licensed alcoholic beverage retailers from an area zoned for residential use.
(h) A political subdivision shall grant a waiver to an ordinance that provides a distance requirement for dispensaries under this section for a licensed dispensary that was in operation before April 1, 2024.
(i) A political subdivision that has not adopted an ordinance under subsection (c) of this section before July 1, 2025, is subject to the distance requirements under subsection (b) of this section.
Status: in_force · Read it on the official government site
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