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§ 36-405. Political subdivisions

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: May 3, 2023

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division III. Cannabis [Title 36] (Refs & Annos)
Title 36. Medical and Adult-Use Cannabis (Refs & Annos)
Subtitle 4. Cannabis Licensing (Refs & Annos)
Effective: May 3, 2023
MD Code, Alcoholic Beverages, § 36-405
§ 36-405. Political subdivisions
Currentness
Powers of a political subdivision
(a) 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.
Restraints on a political subdivision
(b) 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.
Facility run by a cannabis licensee
(c) 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 the facility:
(1) was properly zoned and operating on or before January 1, 2023; or
(2) is used by a grower, processor, or dispensary that:
(i) held a Stage One Preapproval for a license before October 1, 2022; and
(ii) was not operational before October 1, 2022.
Taxes
(d) A political subdivision or special taxing district may not impose a tax on cannabis.

Credits

Added by Acts 2023, c. 254, § 5, eff. May 3, 2023; Acts 2023, c. 255, § 5, eff. May 3, 2023.
MD Code, Alcoholic Beverages, § 36-405, MD AL BEV § 36-405
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document