What Are The Requirements For Obtaining A License To Operate A Marijuana Retail Dispensary in Maryland?To obtain a license to operate a marijuana retail dispensary in Maryland, businesses must meet the following requirements:
1. Have an approved application from the Maryland Medical Cannabis Commission
2. Have an approved pre-licensing inspection by the local governing body
3. Have completed a background check of all applicants and business owners
4. Provide proof of financial responsibility
5. Have a surety bond
6. Provide detailed plans for physical structure of the dispensary
7. Demonstrate compliance with local zoning laws and regulations
8. Provide proof of liability insurance for the dispensary
9. Agree to pay all applicable fees
10. Have a valid Maryland Sales Tax License
11. Complete training provided by the commission
12. Have a facility that meets safety standards
13. Comply with all state regulations for record keeping, security, labeling, advertising and marketing, and other requirements related to retail operations
Are There Limitations On The Number Of Marijuana Retail Dispensary Licenses Issued in Maryland?Yes, the Maryland Medical Cannabis Commission only issues a limited number of marijuana retail dispensary licenses to applicants. As of July 2020, the commission has issued a total of 103 marijuana retail dispensary licenses.
What Zoning Restrictions Or Location Requirements Apply To Marijuana Dispensaries in Maryland?Marijuana dispensaries in Maryland must be located in an area zoned for commercial or industrial use. The dispensary must also be at least 1,000 feet from any school, daycare center, or public playground. Additionally, local governments may impose additional restrictions on the location of marijuana dispensaries. For example, some local governments may require that all marijuana businesses are located in designated zones or be subject to certain permitting requirements.
What Types Of Marijuana Products Can Be Sold In Retail Dispensaries in Maryland?In Maryland, medical marijuana dispensaries may sell a variety of products including edibles, tinctures, concentrates, topicals, and flower. Vaporizers and smoking accessories such as pipes and rolling papers are also generally available.
Are There Specific Labeling And Packaging Requirements For Marijuana Products in Maryland?Yes, the state of Maryland requires that all marijuana products be labeled and packaged in accordance with the requirements of the Maryland Medical Cannabis Commission. Labels must include the weight or volume of the product, as well as the THC and CBD content. All marijuana products must be sealed in child-resistant packaging that is not transparent. Also, products must include a warning label that is clearly visible on the package. The label must also include information about the health risks associated with using marijuana.
How Are Marijuana Prices Determined And Regulated in Maryland?Marijuana prices in Maryland are determined by the market and are not regulated by the state. Prices are based on the availability of the product, its quality, and demand. Prices may also vary from dispensary to dispensary. The Maryland Medical Cannabis Commission sets a maximum price for medical marijuana products, but this cap does not apply to recreational marijuana. The recreational marijuana market is still relatively new in Maryland, so prices have yet to stabilize.
What Are The Security And Surveillance Requirements For Marijuana Dispensaries in Maryland?The Maryland Medical Cannabis Commission has established specific security and surveillance requirements for marijuana dispensaries in the state.
Security requirements include:
• A secure entrance/exit monitored by video surveillance equipment and/or security personnel;
• All entrances must be alarmed and monitored;
• An appropriate perimeter security system must be in place;
• The facility must be equipped with a state-of-the-art alarm system that is linked to a 24-hour monitoring service;
• The facility must be secured by locked doors; and
• All employees must undergo background checks.
Surveillance requirements include:
• All areas of the facility must be monitored by video surveillance equipment;
• All video recordings must be stored securely;
• Video footage must be available for review as needed by the commission or law enforcement;
• Surveillance recordings must be accessible for a minimum of 30 days, unless otherwise directed by the commission; and
• The dispensary must maintain records of all video recordings.
Are There Restrictions On Advertising And Marketing Of Marijuana Products in Maryland?Yes, there are restrictions on the advertising and marketing of marijuana products in Maryland. The Maryland Medical Cannabis Commission (MMCC) has established regulations that prohibit advertising and marketing that: (1) targets minors; (2) promotes overuse of cannabis; (3) makes false or unsubstantiated claims; (4) uses any federally illegal drugs as part of the advertisement; (5) implies that the use of cannabis is safe or endorsed by a health-care provider; and (6) is misleading or deceptive. Additionally, businesses must ensure that all marijuana advertising and marketing comply with applicable state and federal laws regarding trademark infringement, unfair competition, defamation, false endorsement, privacy, and copyright.
What Is The Minimum Age Requirement For Entering A Marijuana Dispensary in Maryland?The minimum age requirement for entering a marijuana dispensary in Maryland is 21 years old.
Are There Restrictions On The Hours Of Operation For Marijuana Dispensaries in Maryland?Yes, there are restrictions on the hours of operation for marijuana dispensaries in Maryland. The Maryland Medical Cannabis Commission requires dispensaries to operate between the hours of 10:00 am and 8:00 pm, seven days a week.
What Are The Tax Implications For Marijuana Retail Sales in Maryland?The Tax Implications for Marijuana Retail Sales in Maryland is as follows:
The state of Maryland imposes a 10% excise tax on cannabis and marijuana products, including retail sales. The tax must be collected by the distributor or retailer from the consumer at the point of sale and remitted to the Maryland Comptroller’s Office. In addition, local jurisdictions are permitted to levy their own local excise tax on the sale of cannabis and marijuana products; in Baltimore, this is an additional 9% excise tax. There is also a 6% state sales tax imposed on all retail sales of cannabis and marijuana products, which must be collected and remitted to the Comptroller’s Office. Finally, local jurisdictions may also impose their own local sales tax on cannabis and marijuana products.
How Are Marijuana Dispensaries Monitored And Inspected For Compliance in Maryland?In Maryland, all medical dispensaries must be licensed by the Maryland Medical Cannabis Commission (MMCC). The MMCC oversees all aspects of the state’s medicinal marijuana program and is responsible for ensuring that dispensaries comply with state regulations. The MMCC regularly inspects each dispensary to ensure they are following all state laws and regulations. Inspections can include, but are not limited to, verifying that the facility meets the provisions set forth in the license, checking security measures, verifying product safety and labeling, and monitoring the quality of the cannabis being sold. Furthermore, dispensaries in Maryland must adhere to strict record-keeping standards and must report all sales and inventory to the MMCC at least once a month.
What Training And Certification Requirements Apply To Dispensary Staff in Maryland?In order to work at a dispensary in Maryland, all staff must complete a training and certification program offered by the Maryland Medical Cannabis Commission. The program covers topics such as patient confidentiality, security measures, and proper handling and storage of medical cannabis products. After successful completion of the program, staff must receive their certification from the commission and renew it every two years. Additionally, the commission requires any dispensary to conduct background checks on all potential employees prior to employment.
Are There Specific Requirements For Record-Keeping And Inventory Control in Maryland?Yes. The Maryland Department of Health’s Alcohol and Tobacco Tax Division requires manufacturers, distributors, wholesalers, and retailers in the alcoholic beverage industry to maintain certain records related to the sale and storage of alcoholic beverages. Manufacturers and distributors must maintain records of all sales, deliveries, and receipts of alcoholic beverages. Retailers must maintain records of purchases and sales of alcoholic beverages. All businesses must also keep accurate inventories of alcoholic beverage products on hand at all times. For more information on record-keeping and inventory control requirements in Maryland, please visit: http://dhmh.maryland.gov/atb/Pages/ATB_RecordKeepingRequirements.aspx
What Penalties Or Consequences Can Dispensaries Face For Violating Regulations in Maryland?Dispensaries that violate regulations in Maryland may face a variety of penalties and consequences, including fines, suspension or revocation of their license, and criminal charges. They may also be subject to civil action from local municipalities or private individuals. Penalties can range from a warning or reprimand to imprisonment. Violations could include operating without a valid license, distributing marijuana to anyone under 21 years of age, distributing more than an allowable amount of marijuana, or failing to comply with safety standards and other regulations set by the Maryland Medical Cannabis Commission.
Do Local Municipalities Have The Authority To Ban Or Regulate Marijuana Dispensaries Independently in Maryland?No, local municipalities in Maryland do not have the authority to ban or regulate marijuana dispensaries independently. The state of Maryland regulates the sale and distribution of marijuana, and any local regulations would need to be approved by the state.
Is Home Delivery Of Marijuana Products Permitted, And Are There Specific Regulations For It in Maryland?No. Home delivery of marijuana products is not permitted in Maryland. The state has very specific regulations regarding the sale, possession, and cultivation of marijuana, and these must be followed.
What Are The Rules For Testing And Quality Control Of Marijuana Products Sold In Dispensaries in Maryland?1. All marijuana products sold in Maryland must be tested and quality controlled by a state-licensed laboratory.
2. The laboratory must test the marijuana products for potency, residual solvents, microbiological contaminants, heavy metals, and pesticides.
3. All marijuana products sold in Maryland must be tested and quality controlled within 30 days of sale.
4. All marijuana products sold in Maryland must be labeled appropriately and bear a warning regarding the potential intoxicating effects of the product.
5. Testing results must be made available to customers at the point of sale.
6. All marijuana products sold in Maryland must meet the requirements set forth by the Maryland Medical Cannabis Commission.
7. All marijuana products sold in Maryland must not contain any contaminants that could cause harm or illness to patients or consumers.
8. All marijuana products sold in Maryland must be free from insecticides, fungicides, and other chemicals that could adversely impact human health and safety.
9. Any contaminated or adulterated marijuana products found in Maryland dispensaries will be subject to disposal or destruction by the Maryland Medical Cannabis Commission or local law enforcement agencies.