Maryland Cannabis License Guidelines

Maryland Medical Cannabis Commission

Licensing and Enforcement Criteria

The Maryland Medical Cannabis Commission (MMCC) develops policies, procedures, and regulations to implement programs that ensure medical cannabis is available to qualifying patients in a safe and effective manner. The Commission oversees all licensing, registration, inspection, and testing measures pertaining to Maryland’s medical cannabis program and provides relevant program information to patients, physicians, growers, dispensaries, processors, testing laboratories and caregivers.

Maryland Cannabis Law & Compliance

Several laws and ordinances regulate the Maryland medical cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

FAQs

How will growers be licensed?

The Commission has announced the names of the 15 Pre-approved Growers, however, no actual final licenses to grow medical cannabis have been issued.​ The pre-approved entities are currently working through Stage Two of the licensing process, which includes extensive background investigations and regulatory requirements. The Commissioners will vote for licensure in a public meeting once compliance with the regulatory requirements is complete.

For my growing facility, I have located a potential property that is zoned for agricultural production. Is that satisfactory to the Commission?

The Commission will rely upon the zoning and planning approval issued by the local jurisdiction. The local jurisdiction will determine whether a zoning designation that permits agricultural production included production of medical cannabis. The applicant should take steps to assure that the local jurisdiction has interpreted its zoning code to mean that an agricultural production zoning designation includes production of medical cannabis.

Can a licensed grower also become a processor and a dispenser (i.e. vertically-integrated) medical cannabis operation?

Yes, parties or entities who wish to operate a growing and processing facility, as well as a dispensary, must submit separate license applications for each facility.  The Commission may award separate licenses for each operation.​

Will independent testing laboratories have a mobile unit?

No; the facility, equipment, and staff required to become an accredited testing facility will require a permanent location.​

Is consumption of medical cannabis allowed at the premises of a license dispensary?

No; consumption on the premises is not allowed. The regulations require patients to sign a statement that they understand that they are not immune from any prohibition on smoking cannabis in a public place or in a motor vehicle, or on private property where it is prohibited by the property owner. Dispensary operators who violate the regulations or medical cannabis law are subject to fine and the suspension or revocation of their license.

Maryland Cannabis License Types

Medical Cannabis Grower

  • An applicant shall submit an application for a license.
  • An application shall be:
    • Completed on a form developed by the Commission; and
    • Submitted to the Commission for consideration.
  • In addition to the application form, the applicant shall submit the following documents to be included as addenda to the application form:
    • A list identifying the applicant’s potential medical cannabis grower agents;
    •  A list identifying each individual investor with 5 percent or more of investment known at the time of application;
    • A detailed business plan including an organizational chart;
    • Documentation and source of adequate capitalization;
    • If the applicant is a corporation or business entity, a copy of the articles of incorporation and authorization to do business in Maryland;
    • A record of tax payments in all jurisdictions in which an applicant has operated as a business for the 5 years before the filing of the application;
    • A description of the proposed premises, including a preliminary site plan;
    • A security plan;
    • Details of the applicant’s experience, knowledge, and training in commercial horticultural or agronomic production;
    • The medical cannabis varieties proposed to be grown with proposed cannabinoid profiles;
    • A plan for quality control;
    • A plan for inventorying, safekeeping and tracking:
      • Medical cannabis from “seed to sale,” and
      • Waste plant material prior to destruction; and
    • A disposal plan for green waste.
  • A grower planning to operate as a dispensary of medical cannabis shall submit a dispensary application.
  • The application shall be accompanied by the stage 1 application fee specified in COMAR 10.62.35.
  • A person may not have an ownership interest in or control of, including the power to manage or operate, more than one grower license.
  • An applicant shall amend an application within 3 business days to include the name and documentation of a request to forward the criminal history record information to the Commission of:
    • A new individual investor of an interest of 5 percent or more; or
    • Another manager or director of the entity, even after a license is issued.

 Renewal of License

  1. A medical cannabis grower license is valid for:
    • 6 years on initial licensure; and
    • 4 years on renewal.
  2. Ninety days before the expiration of a license, the Commission shall notify the licensee of the:
    • Date on which the license expires;
    • Process and the fee required to renew the license; and
    • Consequences of a failure to renew the license.
  3. At least 30 calendar days before a license expires, a licensee shall submit:
    • The renewal application as provided by the Commission;
    • Proof that fingerprints have been submitted to CJIS and the FBI for every grower agent and investor of an interest of 5 percent or more;
    • To full inspection of the operation, unless a full inspection was satisfactorily completed within 3 months before the date of the license expiration; and
    • Payment of the fee specified in COMAR 10.62.35.
  4. The Commission shall renew a license that meets the requirements for renewal as stated in §C of this regulation.
  5. If the Commission does not renew a license due to a failed inspection or an inadequate application for renewal, the licensee may apply for reinstatement by:
    • Submitting a plan to correct the deficiencies noted during an inspection; and
    • Amending the application for renewal.
  6. The Commission may decline to renew a license if:
    • The plan to correct deficiencies identified in an inspection is deficient;
    • The amended application for renewal is deficient; or
    • The licensee has repeatedly failed inspections.
  7. A licensee who fails to apply for renewal of a license by the date specified by the Commission, or whose license was not renewed by the Commission:
    • Shall cease operations at all premises; and
    • May not provide medical cannabis to any entity or person.
  8. A license may be reinstated upon:
    • Payment of the reinstatement fee specified in COMAR 10.62.35; and
    • Submission of a reinstatement application approved by the Commission.

Licensed Grower Dispensary Facility

  • A licensee may dispense medical cannabis to qualifying patients and caregivers in conformity with COMAR 10.62.25—10.62.31 at a facility for which the licensee has obtained a license to dispense medical cannabis.
  • A licensed grower dispensary facility shall be constructed and operated in conformity to COMAR 10.62.27, relating to medical cannabis dispensary premises.
  • A licensee may hire employees or use volunteers at a licensed grower dispensary facility in conformity to COMAR 10.62.26.

Medical Cannabis Processor

  • An applicant shall submit to the Commission an application for a license.
  • An application on a form developed by the Commission shall be completed and submitted to the Commission for consideration. In addition to the application form, the applicant shall submit the following documents to be included as addenda to the application form:
    • A list identifying the applicant’s potential processor agents;
    • A list identifying each individual investor with 5 percent or more of investment known at the time of application;
    • A detailed business plan including an organizational chart;
    • Documentation and source of adequate capitalization;
    • If the applicant is a corporation, a copy of the articles of incorporation and authorization to do business in Maryland;
    • Evidence that no tax obligation is in arrears in any jurisdiction on the part of the applicant and any investor with 5 percent or more of investment known at the time of application;
    • A description of the proposed premises, including a preliminary site plan;
    • A security plan;
    • A plan for quality control;
    • A plan for inventorying, safekeeping and tracking medical cannabis from entry into inventory to sale or disposal of green waste;
    • A plan for the disposal of green waste;
    • A plan for training employees and volunteers;
    • Details of the applicant’s experience, knowledge, and training in:
      • the operation of a laboratory;
      • the operation or management of a pharmaceutical manufacturing business; or
      • the operation or management of a consumer products business; and
    • A plan of the medical cannabis concentrates and medical cannabis-infused products proposed to be manufactured and the processes to be used.
  • The application shall be accompanied by the stage 1 application fee specified in COMAR 10.62.35.
  • Any party applying for a license shall have an ownership interest in or control of, including the power to manage or operate, only one processor license.
  • An applicant shall amend an application within 3 business days to include the name and documentation of a request to forward the criminal history record information and audited financial statement to the Commission of a new individual investor of an interest of 5 percent or more, or another manager or director of the entity, even after a license is issued.
  • For each individual identified in the application specified in COMAR 10.62.19.02B(1) and (2) of this chapter, an applicant shall provide to the Director of the Central Repository:
    • Two sets of legible fingerprints taken in a format approved by the Director of CJIS and the Director of the FBI and the fee authorized under Criminal Procedure Article, §10-221(B)(7), Annotated Code of Maryland, for access to State criminal history and records for each processor agent and investor identified in the application; and
    • A request that the individual’s state and national criminal history record information be forwarded to the Commission.

Medical Cannabis Dispensary

  • An applicant shall submit to the Commission an application for a license for each Senatorial district in which it is competing for a license.
  • An application on a form developed by the Commission shall be completed and submitted to the Commission for consideration. In addition to the application form, the applicant shall submit the following documents to be included as addenda to the application form:
    • A list identifying the applicant’s potential dispensary agents;
    • A list identifying each individual investor with 5 percent or more of investment known at the time of application;
    • A detailed business plan including an organizational chart;
    • Documentation and source of adequate capitalization;
    • If the applicant is a corporation, a copy of the articles of incorporation and authorization to do business in Maryland;
    • Evidence that no tax obligation is in arrears in any jurisdiction on the part of the applicant and any investor with 5 percent or more of investment known at the time of application;
    • A description of the proposed premises, including a preliminary site plan;
    • A security plan;
    • A plan for quality control;
    • A plan for inventorying, safekeeping and tracking medical cannabis from entry into inventory to sale or disposal of green waste;
    • A plan for the disposal of green waste;
    • A plan for training employees and volunteers;
    • A plan for counseling qualifying patients and caregivers in the use of medical cannabis; and
    • A plan of the medical cannabis and medical cannabis-infused products proposed to be dispensed with the proposed cannabinoid profiles.
  • The application shall be accompanied by the stage 1 application fee specified in COMAR 10.62.35.
  • An applicant shall amend an application within 3 business days to include the name and documentation of a request to forward the criminal history record information and audited financial statement to the Commission of a new individual investor of an interest of 5 percent or more, or another manager or director of the entity, even after a license is issued.
  • A party applying for a license may not have an ownership interest in or control of, including the power to manage or operate, more than four dispensaries.

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