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MD SB516

MD SB516
Cannabis Reform


summary

Introduced
02/03/2023
In Committee
04/07/2023
Crossed Over
03/31/2023
Passed
04/10/2023
Dead
Signed/Enacted/Adopted
05/03/2023

Introduced Session

2023 Regular Session

Bill Summary

AN ACT concerning Cannabis Reform FOR the purpose of renaming the Alcohol and Tobacco Commission to be the Alcohol, Tobacco, and Cannabis Commission; establishing the Maryland Cannabis Administration as an independent unit of State government; establishing a regulatory and licensing system for adult-use cannabis under the Commission Administration; imposing the sales and use tax on the sale of adult-use cannabis at certain rates in certain fiscal years a certain rate; establishing the Office of Social Equity, in the Maryland Cannabis Administration and the Advisory Board on Medical and Adult-Use Cannabis, and the Social Equity Partnership Grant Fund in the Commission; altering provisions of law relating to the Community Reinvestment and Repair Fund; establishing the Cannabis Regulation and Enforcement Division in the Commission; requiring the Division Administration to establish and maintain a State cannabis testing laboratory; establishing the Cannabis Regulation and Enforcement Fund as a special, nonlapsing fund; requiring that the investment earnings of the Cannabis Regulation and Enforcement Fund be credited to the Fund; repealing certain provisions of law establishing and governing the Natalie M. LaPrade Medical Cannabis Commission; requiring the Division Administration, rather than the Natalie M. LaPrade Medical Cannabis Commission, to take certain actions related to medical cannabis; requiring the Division Administration, on or before a certain date and under certain circumstances, to convert medical cannabis licenses to licenses to operate a medical and adult-use cannabis business; regulating the actions that local jurisdictions political subdivisions may take regarding cannabis businesses; prohibiting certain individuals from taking certain actions related to cannabis licensees and registrants; establishing the Medical Cannabis Compassionate Use Fund as a special, nonlapsing fund; requiring that the interest earnings of the Medical Cannabis Compassionate Use Fund be credited to the Fund; authorizing certain entities to register with the Division Administration to purchase cannabis for research purposes; establishing prohibitions related to the advertising of cannabis and cannabis products; requiring a person to be approved by the Division Administration to offer a certain training program; establishing certain legal protections related to the use of cannabis; establishing a Capital Access Program in the Department of Commerce; establishing certain prohibitions related to banking by cannabis businesses; altering certain provisions of law relating to the Cannabis Business Assistance Fund; exempting the Commission from State procurement requirements under certain circumstances; requiring a cannabis licensee, under certain circumstances, to comply with the State’s Minority Business Enterprise Program; requiring the Administration to contract with an independent consultant to complete a study on wholesale cannabis licenses; requiring the study to be submitted to certain persons on or before a certain date; requiring the Maryland Economic Development Corporation to identify certain locations and submit a certain report to the General Assembly; requiring the Administration to study and report on certain matters relating to on-site consumption and certain cannabis products; requiring that certain growers be awarded certain dispensary licenses under certain circumstances; providing that certain businesses that were awarded certain approval for a processor license be entered into a certain lottery; and generally relating to medical and adult-use cannabis. BY repealing Article - Health - General Section 13-3301 through 13-3316 and the subtitle “Subtitle 33. Natalie M. LaPrade Medical Cannabis Commission” Annotated Code of Maryland (2019 Replacement Volume and 2022 Supplement) BY repealing Article - Health - General The subtitle designation “Subtitle 46. Community Reinvestment and Repair Fund” immediately preceding Section 13-4601 Annotated Code of Maryland (2019 Replacement Volume and 2022 Supplement) (As enacted by Chapter 26 of the Acts of the General Assembly of 2022) BY transferring Article - Health - General Section 13-4601 Annotated Code of Maryland (2019 Replacement Volume and 2022 Supplement) (As enacted by Chapter 26 of the Acts of the General Assembly of 2022) to be Article - Alcoholic Beverages Section 1-322 Annotated Code of Maryland (2016 Volume and 2022 Supplement) BY renumbering Article - Alcoholic Beverages Section 1-101(d) through (y) and (z) through (ii) to be Section 1-101(e) through (z) and (bb) through (kk), respectively Annotated Code of Maryland (2016 Volume and 2022 Supplement) BY repealing and reenacting, without amendments, Article - Alcoholic Beverages Section 1-101(a) Annotated Code of Maryland (2016 Volume and 2022 Supplement) WES MOORE, Governor BY adding to Article - Alcoholic Beverages Section 1-101(d) and (aa), 1-309.1, 1-309.2, and 1-323; and 36-101 through 36-1507 to be under the new division “Division III. Cannabis” Annotated Code of Maryland (2016 Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - Alcoholic Beverages Section 1-101(g) and (r) Annotated Code of Maryland (2016 Volume and 2022 Supplement) (As enacted by Section 4 of this Act) BY repealing and reenacting, with amendments, Article - Alcoholic Beverages Section 1-101(f) and (q) 1-202; and 1-302, 1-303(a), 1-304, 1-307 through 1-310, and 1-313 to be under the amended subtitle “Subtitle 3. Alcohol, Tobacco, and Cannabis Commission” Annotated Code of Maryland (2016 Volume and 2022 Supplement) BY adding to Article - Alcoholic Beverages Section 1-309.1, 1-309.2, and 1-323; and 36-101 through 36-1507 to be under the new division “Division III. Cannabis” Annotated Code of Maryland (2016 Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - Alcoholic Beverages Section 1-322 Annotated Code of Maryland (2016 Volume and 2022 Supplement) (As enacted by Section 3 of this Act) BY adding to Article - Tax - General Section 2-1302.2, 11-104(k), and 11-245 Annotated Code of Maryland (2022 Replacement Volume) BY repealing and reenacting, with amendments, Article - Tax - General Section 2-1303 Annotated Code of Maryland (2022 Replacement Volume) BY repealing and reenacting, with amendments, Article - Economic Development Section 5-1901 Annotated Code of Maryland (2018 Replacement Volume and 2022 Supplement) BY repealing and reenacting, without amendments, Article - State Finance and Procurement Section 6-226(a)(2)(i) Annotated Code of Maryland (2021 Replacement Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - State Finance and Procurement Section 6-201(e) and 6-226(a)(2)(ii)170. and 171. Annotated Code of Maryland (2021 Replacement Volume and 2022 Supplement) BY adding to Article - State Finance and Procurement Section 6-226(a)(2)(ii)172. and 173. Annotated Code of Maryland (2021 Replacement Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - State Personnel and Pensions Section 23-201(a)(13) and (14) and 26-201(a)(22) Annotated Code of Maryland (2015 Replacement Volume and 2022 Supplement) BY adding to Article - State Personnel and Pensions Section 23-201(a)(15) Annotated Code of Maryland (2015 Replacement Volume and 2022 Supplement) BY repealing and reenacting, with amendments, Article - Health - General Section 13-4505 Annotated Code of Maryland (2019 Replacement Volume and 2022 Supplement) BY renaming WES MOORE, Governor Article - Alcoholic Beverages to be Article - Alcoholic Beverages and Cannabis Annotated Code of Maryland (2016 Volume and 2022 Supplement)

AI Summary

This bill: Establishes the Maryland Cannabis Administration as an independent unit of state government to regulate and license adult-use cannabis, including developing a regulatory and licensing system, imposing sales and use taxes on cannabis, and establishing various funds and programs to support the industry and address social equity. The bill also repeals the Natalie M. LaPrade Medical Cannabis Commission and transfers its authority over medical cannabis to the Maryland Cannabis Administration. The bill requires the Administration to adopt regulations, issue licenses, and enforce the cannabis industry in Maryland. Key provisions include establishing the Office of Social Equity, the Advisory Board on Medical and Adult-Use Cannabis, and the Cannabis Regulation and Enforcement Fund; converting medical cannabis licenses to be for both medical and adult-use; regulating local jurisdiction actions regarding cannabis businesses; prohibiting certain individuals from taking actions related to cannabis licensees; establishing legal protections for cannabis use; creating a Capital Access Program; and prohibiting certain banking practices that discriminate against the cannabis industry. The bill also includes various provisions to promote social equity, support small and minority-owned businesses, and address public health considerations.

Committee Categories

Budget and Finance, Business and Industry, Government Affairs

Sponsors (2)

Last Action

Approved by the Governor - Chapter 255 (on 05/03/2023)

Bill Topics

Banking, Finance, and Domestic Commerce
  • ‐ Banking System and Financial Institution Regulation and Reform
  • ‐ General Banking, Finance, and Domestic Commerce
  • ‐ Small Business

bill text


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bill summary

Document Type Source Location Created
State Bill Page https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0516?ys=2023RS 02/03/2023
BillText https://mgaleg.maryland.gov/2023RS/Chapters_noln/CH_255_sb0516e.pdf 05/10/2023
BillText https://mgaleg.maryland.gov/2023RS/bills/sb/sb0516e.pdf 04/13/2023
Floor Amendment 703424/1 (Delegate Wilson) Adopted https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_70342401.pdf 04/10/2023
Floor Amendment 243129/1 (Delegate R. Long) Rejected (40-96) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_24312901.pdf 04/08/2023
Floor Amendment 653320/1 (Delegate Hartman) Rejected (37-103) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_65332001.pdf 04/08/2023
Favorable with Amendments 963023/1 Adopted https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_96302301.pdf 04/08/2023
Vote Image https://mgaleg.maryland.gov/2023RS/votes_comm/sb0516_ecm.pdf 04/07/2023
Vote Image https://mgaleg.maryland.gov/2023RS/votes_comm/sb0516_hru.pdf 04/05/2023
BillText https://mgaleg.maryland.gov/2023RS/bills/sb/sb0516t.pdf 03/31/2023
Floor Amendment 683424/1 (Senator Carozza) Rejected (20-26) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_68342401.pdf 03/30/2023
Floor Amendment 693829/1 (Senator Carter) Rejected https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_69382901.pdf 03/30/2023
Floor Amendment 753026/1 (Senator Hershey) Rejected https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_75302601.pdf 03/30/2023
Floor Amendment 983326/1 (Senator Kagan) Rejected https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_98332601.pdf 03/30/2023
Floor Amendment 243828/1 (Senator Kagan) Rejected (16-30) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_24382801.pdf 03/30/2023
Floor Amendment 533922/1 (Senator West) Rejected (14-32) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_53392201.pdf 03/30/2023
Floor Amendment 223620/1 (Senator West) Rejected (11-35) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_22362001.pdf 03/30/2023
Floor Amendment 183427/1 (Senator Jennings) Rejected (16-30) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_18342701.pdf 03/30/2023
Floor Amendment 503225/1 (Senator McKay) Rejected (15-30) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_50322501.pdf 03/30/2023
Floor Amendment 643726/1 (Senator Gallion) Rejected (17-28) https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_64372601.pdf 03/30/2023
Floor Amendment 633627/1 (Chair, Finance Committee) Adopted https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_63362701.pdf 03/30/2023
Favorable with Amendments 863829/1 https://mgaleg.maryland.gov/2023RS/amds/bil_0006/sb0516_86382901.pdf 03/29/2023
Vote Image https://mgaleg.maryland.gov/2023RS/votes_comm/sb0516_b&t.pdf 03/28/2023
Vote Image https://mgaleg.maryland.gov/2023RS/votes_comm/sb0516_fin.pdf 03/28/2023
BillText https://mgaleg.maryland.gov/2023RS/bills/sb/sb0516f.pdf 02/03/2023
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