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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Maryland Code, Alcoholic Beverages and Cannabis § 36-405 - last updated January 01, 2025 | https://codes.findlaw.com/md/alcoholic-beverages-and-cannabis/md-code-al-bev-sect-36-405/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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