Statutes Text
Article - Alcoholic Beverages and Cannabis
§36–405.
(a) 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.
(b) 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.
(c) 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 the facility:
(1) was properly zoned and operating on or before January 1, 2023; or
(2) is used by a grower, processor, or dispensary that:
(i) held a Stage One Preapproval for a license before October 1, 2022; and
(ii) was not operational before October 1, 2022.
(d) A political subdivision or special taxing district may not impose a tax on cannabis.