Md. Code Ann., Alc. Bev. & Cannabis § 36-407
On-site consumption
Effective Jul 1, 2025Added by Acts 2023, c. 254, § 5, eff. May 3, 2023; Acts 2023, c. 255, § 5, eff. May 3, 2023. Amended by Acts 2024, c. 241, § 1, eff. April 25, 2024; Acts 2025, c. 120, § 1, eff. July 1, 2025.State of Maryland
(a)
- (1) A person shall obtain an on-site consumption license from the Administration before operating a premises where cannabis may be consumed.
- (2) The Administration may issue on-site consumption licenses authorizing an entity to operate a licensed premises in which cannabis or cannabis products may be consumed, but not smoked indoors, in accordance with this title and any regulations adopted under this title.
- (3) An on-site consumption establishment may operate only if the political subdivision where the business is located has issued a permit or license that expressly allows the operation of the on-site consumption establishment.
(b) Subject to the limitations in § 36-405 of this subtitle, a political subdivision may:
- (1) prohibit the operation of on-site consumption establishments;
- (2) prohibit or restrict the smoking or vaping of cannabis at on-site consumption establishments;
- (3) adopt zoning and planning requirements for on-site consumption establishments; or
- (4) establish hours of operation for on-site consumption establishments.
(c)
(1) An on-site consumption license authorizes an entity, for the purposes of on-site consumption, to:
- (i) distribute cannabis or cannabis products;
- (ii) acquire cannabis or cannabis products from a cannabis licensee in accordance with this title;
- (iii) repackage cannabis or cannabis products for the purpose of creating single-serving products; and
- (iv) process single-serving products.
- (2) An on-site consumption license does not authorize the holder of the license to cultivate cannabis.
(d)
- (1) Subject to paragraph (2) of this subsection, an on-site consumption establishment may also operate as a food service facility, as defined in § 21-301 of the Health--General Article.
(2) Before operating as a food service facility, the on-site consumption establishment shall obtain from the political subdivision in which the on-site consumption establishment is located all necessary approvals for operating a food service facility, including:
- (i) building code permits;
- (ii) mechanical code permits;
- (iii) a use and occupancy certificate; and
- (iv) any other applicable permits or licenses.
(e) An on-site consumption establishment shall comply with the following standards when acting in accordance with subsection (c)(1) of this section:
- (1) manufacturing standards established under § 36-203 of this title;
- (2) laboratory testing standards established under § 36-203 of this title; and
- (3) packaging and labeling standards established under §§ 36-203 and 36-203.1 of this title.
(f) The Administration shall:
- (1) maintain a list of all on-site consumption establishments in the State; and
- (2) make the list available on its website.
(g) An on-site consumption establishment may not:
- (1) allow on-duty employees of the business to consume cannabis on the licensed premises;
- (2) distribute or allow the distribution of free samples of cannabis on the licensed premises;
- (3) allow the consumption of alcohol on the licensed premises;
- (4) allow the smoking or vaping of tobacco or tobacco products on the licensed premises;
- (5) allow an activity on the licensed premises that would require an additional license under this title, including growing or dispensing;
- (6) allow the indoor smoking of cannabis or cannabis products on the licensed premises;
- (7) allow the use or consumption of cannabis by a patron who displays any visible signs of intoxication;
- (8) admit onto the licensed premises an individual who is under the age of 21 years;
- (9) allow an individual to consume cannabis or cannabis products on the premises if the cannabis or cannabis product was not obtained from the on-site consumption establishment;
- (10) allow an individual to remove cannabis or cannabis products from the premises of the establishment; or
- (11) sell or distribute cannabis or cannabis products to an individual that are intended as more than a single-serving product.
(h) An on-site consumption establishment shall:
- (1) require all employees to successfully complete an annual responsible vendor training program authorized under this title; and
- (2) ensure that the display and consumption of cannabis or cannabis products are not visible from outside of the licensed premises.
(i)
- (1) An on-site cannabis establishment shall educate consumers by providing informational materials regarding the safe consumption of cannabis.
- (2) The educational materials provided under paragraph (1) of this subsection must be based on the requirements established by the Cannabis Public Health Advisory Council established under § 13-4502 of the Health--General Article.
- (j) This section does not prohibit a county or municipality from adopting additional requirements for education on the safe consumption of cannabis on the premises of a licensed on-site consumption establishment.
- (k) A person may have an ownership interest in or control of, including the power to manage and operate, two on-site consumption establishments licensed under this section.
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. 241, § 1, eff. April 25, 2024; Acts 2025, c. 120, § 1, eff. July 1, 2025.