Md. Code Ann., Alc. Bev. & Cannabis § 36-405
Political subdivisions
Effective Jun 1, 2024Added by Acts 2023, c. 254, § 5, eff. May 3, 2023; Acts 2023, c. 255, § 5, eff. May 3, 2023. Amended by Acts 2024, c. 244, § 1, eff. June 1, 2024.State of Maryland
- (a) In this section, “unduly burden” includes imposing a zoning requirement or restriction on the use of property by a cannabis licensee that is more restrictive than the requirements established under § 36-410 of this subtitle.
(b) A political subdivision may:
- (1) establish reasonable zoning requirements for cannabis businesses; and
- (2) decide how to distribute its allocation of revenue under § 2-1302.2 of the Tax--General Article.
(c) A political subdivision may not:
- (1) establish zoning or other requirements that unduly burden a cannabis licensee;
- (2) impose licensing, operating, or other fees or requirements on a cannabis licensee that are disproportionately greater or more burdensome than those imposed on other businesses with a similar impact on the area where the cannabis licensee is located;
- (3) prohibit transportation through or deliveries within the political subdivision by cannabis businesses located in other political subdivisions;
- (4) prevent an entity whose license may be converted under § 36-401(b)(1)(ii) of this subtitle and that is in compliance with all relevant medical cannabis regulations from being granted the license conversion; or
- (5) negotiate or enter into an agreement with a cannabis licensee or an applicant for a cannabis license requiring that the cannabis licensee or applicant provide money, donations, in-kind contributions, services, or anything of value to the political subdivision.
(d) The use of a facility by a cannabis licensee is not required to be submitted to, or approved by, a county or municipal zoning board, authority, or unit if:
- (1) the facility was properly zoned and operating on or before January 1, 2023; or
(2) the cannabis licensee:
- (i) held a Stage One Preapproval for a license before October 1, 2022; and
- (ii) was not actively engaged in the growing, processing, or dispensing of cannabis before October 1, 2022.
- (e) A political subdivision or special taxing district may not impose a tax on cannabis.
Added by Acts 2023, c. 254, § 5, eff. May 3, 2023; Acts 2023, c. 255, § 5, eff. May 3, 2023. Amended by Acts 2024, c. 244, § 1, eff. June 1, 2024.