§ 36-405
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/md/alcoholic-beverages-and-cannabis/36-405·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§36–405.
(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.