1304.1 A cultivation center shall be deemed to qualify for a specific Tier for the purposes of assessing fees based upon the following criteria:

1. (a) Tier 1 - Mature cannabis plant grow canopy area greater than 0 square feet but no more than 10,000 square feet;
2. (b) Tier 2 - Mature cannabis plant grow canopy area greater than 10,000 square feet but no more than 25,000 square feet;
3. (c) Tier 3 - Mature cannabis plant grow canopy area greater than 25,000 square feet but no more than 50,000 square feet;
4. (d) Tier 4 - Mature cannabis plant grow canopy area greater than 50,000 square feet but no more than 75,000 square feet;
5. (e) Tier 5 - Mature cannabis plant grow canopy area greater than 75,000 square feet but no more than 100,000 square feet; and
6. (f) Tier 6 - Mature cannabis plant grow canopy area greater than 100,000 square feet.

1304.2 The size of the mature cannabis plant grow canopy area shall be assessed at the greatest size at any point or time during the licensing period for the entire license period.

1304.3 A cultivation center that permits the mature cannabis plant grow area to grow in size sufficient to qualify under a higher Tier shall pay the fee for the new Tier immediately upon reaching the new Tier or within thirty (30) days written notice provided by ABCA. A cultivation center that fails to pay the required fee shall be subject to the suspension of its license until the appropriate Tier fee is paid.

1304.4 A cultivation center shall not be able to obtain a refund should the mature cannabis plant growth area be reduced sufficiently to qualify for a lower Tier.

1304.5 The mature cannabis plant grow canopy area shall include all plant grow areas in the facility whether adjoined or in separate locations.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).