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2017 Maryland Code
Health - General
Title 13 - Miscellaneous Health Care Programs
Subtitle 33 - Natalie M. Laprade Medical Cannabis Commission.
§ 13-3306. Licensing medical cannabis growers.
Universal Citation: MD Health-Gen Code § 13-3306 (2017)
- (a) In general. --
- (1) The Commission shall license medical cannabis growers that meet all requirements established by the Commission to operate in the State to provide cannabis to:
- (i) Processors licensed by the Commission under this subtitle;
- (ii) Dispensaries licensed by the Commission under this subtitle;
- (iii) Qualifying patients and caregivers; and
- (iv) Independent testing laboratories registered with the Commission under this subtitle.
- (2)
- (i) Except as provided in subparagraph (ii) of this paragraph, the Commission may license no more than 15 medical cannabis growers.
- (ii) Beginning June 1, 2018, the Commission may issue the number of licenses necessary to meet the demand for medical cannabis by qualifying patients and caregivers issued identification cards under this subtitle in an affordable, accessible, secure, and efficient manner.
- (iii) The Commission shall establish an application review process for granting medical cannabis grower licenses in which applications are reviewed, evaluated, and ranked based on criteria established by the Commission.
- (iv) The Commission may not issue more than one medical cannabis grower license to each applicant.
- (v) A grower shall pay an application fee in an amount to be determined by the Commission consistent with this subtitle.
- (3) The Commission shall set standards for licensure as a medical cannabis grower to ensure public safety and safe access to medical cannabis, which may include a requirement for the posting of security.
- (4) Each medical cannabis grower agent shall:
- (i) Be registered with the Commission before the agent may volunteer or work for a licensed grower; and
- (ii) Obtain a State and national criminal history records check in accordance with § 13-3312 of this subtitle.
- (5)
- (i) A licensed grower shall apply to the Commission for a registration card for each grower agent by submitting the name, address, and date of birth of the agent.
- (ii) 1. Within 1 business day after a grower agent ceases to be associated with a grower, the grower shall:
- A. Notify the Commission; and
- B. Return the grower agent's registration card to the Commission.
- 2. On receipt of a notice described in subsubparagraph 1A of this subparagraph, the Commission shall:
- A. Immediately revoke the registration card of the grower agent; and
- B. If the registration card was not returned to the Commission, notify the Department of State Police.
- 2. On receipt of a notice described in subsubparagraph 1A of this subparagraph, the Commission shall:
- (iii) The Commission may not register a person who has been convicted of a felony drug offense as a grower agent.
- (6)
- (i) A medical cannabis grower license is valid for 4 years on initial licensure.
- (ii) A medical cannabis grower license is valid for 2 years on renewal.
- (7) An application to operate as a medical cannabis grower may be submitted in paper or electronic form.
- (8)
- (i) The Commission shall encourage licensing medical cannabis growers that grow strains of cannabis, including strains with high cannabidiol content, with demonstrated success in alleviating symptoms of specific diseases or conditions.
- (ii) The Commission shall encourage licensing medical cannabis growers that prepare medical cannabis in a range of routes of administration.
- (9) (i) The Commission shall:
- 1. Actively seek to achieve racial, ethnic, and geographic diversity when licensing medical cannabis growers; and
- 2. Encourage applicants who qualify as a minority business enterprise, as defined in § 14-301 of the State Finance and Procurement Article.
- (ii) Beginning June 1, 2016, a grower licensed under this subtitle to operate as a medical cannabis grower shall report annually to the Commission on the minority owners and employees of the grower.
- (10) An entity seeking licensure as a medical cannabis grower shall meet local zoning and planning requirements.
- (1) The Commission shall license medical cannabis growers that meet all requirements established by the Commission to operate in the State to provide cannabis to:
- (b) Permitted recipients from licensed growers. -- An entity licensed to grow medical cannabis under this section may provide cannabis only to:
- (1) Processors licensed by the Commission under this subtitle;
- (2) Dispensaries licensed by the Commission under this subtitle;
- (3) Qualified patients;
- (4) Caregivers; and
- (5) Independent testing laboratories registered with the Commission under this subtitle.
- (c) Distribution from licensed grower's facility. --
- (1) An entity licensed to grow cannabis under this section may dispense cannabis from a facility of a grower licensed as a dispensary.
- (2) A qualifying patient or caregiver may obtain medical cannabis from a facility of a grower licensed as a dispensary.
- (3) An entity licensed to grow medical cannabis under this section may grow and process medical cannabis on the same premises.
- (d) Licensed growers to ensure safety precautions. -- An entity licensed to grow medical cannabis under this section shall ensure that safety precautions established by the Commission are followed by any facility operated by the grower.
- (e) Requirements for security and manufacturing process. -- The Commission shall establish requirements for security and the manufacturing process that a grower must meet to obtain a license under this section, including a requirement for a product-tracking system.
- (f) Inspections. -- The Commission may inspect a grower licensed under this section to ensure compliance with this subtitle.
- (g) Penalties; rescission of licenses. -- The Commission may impose penalties or rescind the license of a grower that does not meet the standards for licensure set by the Commission.
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