Md. Code Regs. 14.17.01.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.17.01.01 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined

(1) "Administration" means the Maryland Cannabis Administration established under Alcoholic Beverages and Cannabis Article, §36-201, Annotated Code of Maryland.

(2) "Advisory Council" means the Cannabis Public Health Advisory Council established under Health-General Article, §13-4502, Annotated Code of Maryland.

(3) Agent.

(a) "Agent" means an employee, a volunteer, or any other authorized person who acts for or at the direction of a cannabis licensee or cannabis registrant.

(b) "Agent" includes:

(i) Cannabis licensee agent;

(ii) Cannabis registrant agent;

(iii) Owners; and

(iv) Management companies or individuals who are employees, volunteers, or otherwise authorized by a management company.

(4) Cannabis.

(a) "Cannabis" means the plant cannabis sativa l. and any part of the plant, including all non-synthetically derived, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3 percent on a dry weight basis.

(b) "Cannabis" includes cannabis products, seeds, seedlings, immature plants, and clones.

(c) "Cannabis" does not include hemp or hemp products, as defined in Agriculture Article, § 14-101, Annotated Code of Maryland.

(5) Cannabis Product.

(a) "Cannabis product" means a product that is composed of cannabis, cannabis concentrate, cannabis extract, or any other ingredient and is intended for use or consumption.

(b) "Cannabis product" includes any product produced and regulated under this subtitle, including:

(i) Cannabis vaporizing devices;

(ii) Concentrated cannabis products;

(iii) Edible cannabis products; and

(iv) Usable cannabis products.

(6) Cannabis Vaporizing Device.

(a) "Cannabis vaporizing device" means a device that can be used to deliver aerosolized or vaporized cannabis or cannabis products to an individual inhaling from the device.

(b) "Cannabis vaporizing device" includes:

(i) A vape pen;

(ii) Vaping liquid; and

(iii) Any component, part, or accessory of such a device regardless of whether it is sold separately, including a concentrated or infused cannabis liquid, for the purposes of heating and producing a vapor.

(7) Canopy.

(a) "Canopy" means the total square footage of space used by a licensee to produce flowering cannabis plants.

(b) "Canopy" includes each layer of flowering cannabis plants grown on any rack or shelving.

(c) "Canopy" does not include square footage used for:

(i) Mother stock;

(ii) Propagation;

(iii) Immature or nonflowering plants;

(iv) Processing;

(v) Drying;

(vi) Curing;

(vii) Trimming;

(viii) Storage;

(ix) Offices;

(x) Hallways;

(xi) Pathways;

(xii) Work areas; or

(xiii) Other administrative and nonproduction uses.

(8) "Capsules" means a solid preparation containing a single serving of tetrahydrocannabinol or other cannabinoid that:

(a) Is intended to be swallowed whole;

(b) Not formulated to be chewable, dispersible, effervescent, orally disintegrating, used as a suspension, or consumed in a manner other than swallowed whole; and

(c) Does not contain any added natural or artificial flavor or sweetener.

(9) Caregiver.

(a) "Caregiver" means an individual who has agreed to assist with a qualifying patient's medical use of cannabis.

(b) "Caregiver" means, for a qualifying patient younger than 18 years old:

(i) A parent or legal guardian; and

(ii) Not more than two additional adults designated by the parent or legal guardian.

(c) "Caregiver" does not include any designated school personnel authorized to administer medical cannabis to a student in accordance with the guidelines established under Education Article, § 7-446, Annotated Code of Maryland.

(10) "Certifying provider" has the meaning stated in Alcoholic Beverages and Cannabis Article, §36-101, Annotated Code of Maryland.

(11) "Clinical director" means an individual who:

(a) Is appointed by a licensed dispensary to provide information on medical cannabis to qualifying patients, registered caregivers, and dispensary agents;

(b) Meets the requirements of COMAR 14.17.04.08; and

(c) Is registered with the Administration.

(12) Concentrated Cannabis Product.

(a) "Concentrated cannabis product" means a product derived from cannabis that has undergone a process to concentrate one or more active cannabinoids.

(b) "Concentrated cannabis product" includes:

(i) Kief;

(ii) Hashish;

(iii) Bubble hash;

(iv) Oil;

(v) Wax;

(vi) Shatter;

(vii) Resin; or

(viii) Any other product produced by extracting cannabinoids from the plant using solvents, carbon dioxide, heat, screens, presses or steam distillation.

(c) "Concentrated cannabis product" does not include any cannabis vaporizing device as defined in this regulation.

(13) "Conditional license" means a temporary preapproval for a cannabis license issued pending satisfactory completion of the requirements for licensing under COMAR 14.17.05.

(14) "Consumer" means an individual 21 years old or older who purchases cannabis or a cannabis product from a licensed dispensary or on-site consumption establishment.

(15) Control.

(a) "Control" means:

(i) The decision-making authority over the management, operations, or policies that either guide a business or guide authority over the operation of the technical aspects of a business; or

(ii) Authority over the operation of the technical aspects of the business.

(b) "Control" includes:

(i) Holding a right to veto significant events;

(ii) The right or authority to make or veto decisions regarding operations and strategic planning, capital allocations, acquisitions, and divestments;

(iii) The right or authority to appoint or remove directors, corporate-level officers, or their equivalent;

(iv) The right or authority to make major marketing, production, and financial decisions; and

(v) The right or authority to execute exclusive contracts or significant contracts in the aggregate of $10,000 or greater on behalf of the licensee.

(16) "Criminal history record check" means a State and national criminal history records check in accordance with Alcoholic Beverages and Cannabis Article, §36-505, Annotated Code of Maryland.

(17) "Data network" means the interface with the seed-to-sale tracking system that enables licensees to identify qualifying patients and registered caregivers and monitor patient allotments.

(18) "Delivery service" means a licensee authorized to deliver cannabis in accordance with a micro license to operate a dispensary.

(19) Dispensary.

(a) "Dispensary" means an entity licensed under Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of Maryland, that acquires, possesses, repackages, transports, sells, distributes, or dispenses cannabis or cannabis products, including tinctures, aerosols, oils, and ointments, related supplies, and educational materials for use by qualifying patients, caregivers, or consumers through a storefront or through a delivery service, based on license type.

(b) "Dispensary" includes standard and micro license types.

(20) "Disproportionately impacted area" means a geographic area identified by the Office of Social Equity that has had above 150 percent of the State's 10-year average for cannabis possession charges.

(21) Edible Cannabis Product.

(a) "Edible cannabis product" means a cannabis product intended for human consumption by oral ingestion, in whole or in part.

(b) "Edible cannabis product" includes a cannabis product that dissolves or disintegrates in the mouth.

(c) "Edible cannabis product" does not include any concentrated cannabis products, infused non-edible cannabis products, or capsules or tinctures that do not contain any food or food ingredients.

(22) "Electronic manifest" means the comprehensive report created by a licensee within the Administration's designated seed-to-sale tracking system to record the chain of custody of a cannabis transfer or delivery.

(23) "Green waste" means unauthorized, misbranded, contaminated, unused, surplus, returned, or out-of-date cannabis or product containing cannabis.

(24) Grower.

(a) "Grower" means an entity licensed under Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of Maryland, that cultivates or packages cannabis and is authorized by the Administration to provide cannabis to other licensees and registered independent testing laboratories.

(b) "Grower" includes standard and micro license types.

(25) High Potency Product.

(a) "High potency product" means a product that exceeds the maximum potency for consumers, as established by the Administration, and may only be sold or distributed to a qualifying patient or registered caregiver.

(b) "High potency product" includes:

(i) A concentrated cannabis product that exceeds 1 gram in total weight; and

(ii) An edible cannabis product, capsule, or tincture that exceeds 10 milligrams THC per serving and 100 milligrams THC per package

(26) Home Cultivation Product.

(a) "Home cultivation product" means the clones, seeds, seedlings, stalks, roots, and stems of the cannabis plant for home cultivation.

(b) "Home cultivation product" does not include any plant that is:

(i) Wider than 8 inches;

(ii) Taller than 8 inches; or

(iii) Otherwise in a vegetative or flowering state.

(27) "Incubator space" means a facility where a micro licensee may operate in accordance with Alcoholic Beverages and Cannabis Article, §36-406, Annotated Code of Maryland.

(28) "Independent testing laboratory" means a facility, entity, or site that is:

(a) Registered with the Administration to perform tests on cannabis or cannabis products;

(b) Independent of any entity licensed under Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of Maryland, to grow, process or dispense cannabis; and

(c) Accredited as operating to International Organization for Standardization (ISO) standard 17025 by an accreditation body:

(i) Operating in accordance with ISO standard ISO/IEC 17011; and

(ii) That is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA).

(29) "Infused non-edible cannabis product" means ointment, salve, suppository, dermal patch, cartridge, or any other product containing cannabis that has been processed so that the dried leaves and flowers are integrated into other material that is not intended for human consumption by inhalation or oral ingestion.

(30) "Law enforcement agency" means a governmental police force, sheriff's office, security force, or law enforcement organization of the State, a county, or a municipal corporation that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.

(31) Licensee.

(a) "Licensee" means a business licensed by the Administration in accordance with Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of Maryland.

(b) "Licensee" includes any:

(i) Micro grower;

(ii) Micro processor;

(iii) Micro dispensary;

(iv) Standard grower;

(v) Standard processor;

(vi) Standard dispensary;

(vii) Incubator space; and

(viii) On-site consumption establishment.

(32) Liquid Edible Product.

(a) "Liquid edible product" means an edible cannabis product that is a liquid beverage or liquid food-based product for which the intended use is oral consumption.

(b) "Liquid edible product" excludes a tincture as defined in this section.

(33) "Micro license" means a license to operate a cannabis business that does not exceed the limits established in Alcoholic Beverages and Cannabis Article, §36-401(c)(2), Annotated Code of Maryland.

(34) "Neutral age screen" means a mechanism to verify a user's age by requiring them to enter their date of birth to gain access to areas of a website that are not designed for children.

(35) "On-site consumption establishment" means an entity licensed by the Administration to distribute cannabis or cannabis products for on-site consumption other than by smoking indoors.

(36) "Owner" means a person with an ownership interest in a cannabis license.

(37) "Ownership interest" means a direct or indirect equity interest in a cannabis license, including in its shares or stock.

(38) "Passive investor" means an individual or an entity that:

(a) Holds an aggregate ownership interest of less than 5 percent in a cannabis licensee; and

(b) Does not have control of the cannabis licensee.

(39) "Personal use amount" means an amount of:

(a) Cannabis that does not exceed 1.5 ounces;

(b) Concentrated cannabis that does not exceed 12 grams; or

(c) Cannabis products containing no more than 750 milligrams of delta-9-tetrahydrocannabinol.

(40) "Principal officer" means a board member, a president, a vice president, a secretary, a treasurer, a partner, an officer, a managing member, or any other individual with a profit sharing, financial interest, or revenue sharing arrangement, including an individual with the authority to control a cannabis license.

(41) "Processing" means the manufacture of usable cannabis into a cannabis concentrate or manufacture of a cannabis-infused product.

(42) Processor.

(a) "Processor" means an entity licensed by the Administration in accordance with Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of Maryland, that:

(i) Transforms cannabis into another product, or an extract, and packages and labels the cannabis product; and

(ii) Is authorized by the Administration to provide cannabis to licensed dispensaries and registered independent testing laboratories.

(b) "Processor" includes standard and micro license types.

(43) "Qualifying patient" means an individual who:

(a) Has been provided with a valid written certification by an Administration-registered certifying provider in accordance with a bona fide provider-patient relationship; and

(b) If younger than 18 years old, has a caregiver.

(44) Registrant.

(a) "Registrant" means a business registered by the Administration to operate in the cannabis industry.

(b) "Registrant" includes:

(i) Independent testing laboratory;

(ii) Transporter business;

(iii) Security guard company; and

(iv) Waste disposal company.

(45) Residence.

(a) "Residence" means a house, condominium, apartment, or any other dwelling unit under legal control of an individual.

(b) "Residence" does not mean a dormitory or other on-campus college or university housing.

(c) "Residence" does not mean a short-term rental, hotel, hostel, or other property being occupied for a period of less than 90 days.

(46) "Seed-to-sale tracking system" means a software system procured by the Administration that tracks cannabis from either the seed or immature plant stage, until the cannabis is sold to a patient, caregiver, or consumer.

(47) "Serious adverse event" means an undesirable experience associated with the use of cannabis where the outcome was death, life-threatening, hospitalization, disability or permanent damage, congenital anomaly or birth defect or any other important medical event.

(48) "Social equity applicant" means an applicant for a cannabis license or cannabis registration that:

(a) Has at least 65 percent ownership and control held by one or more individuals who:

(i) Have lived in a disproportionately impacted area for at least 5 of the 10 years immediately preceding the submission of the application;

(ii) Attended a public school in a disproportionately impacted area for at least 5 years; or

(iii) For at least 2 years, attended a 4-year institution of higher education in the State where at least 40 percent of the individuals who attend the institution of higher education are eligible for a Pell Grant; or

(b) Meets any other criteria established by the Administration.

(49) Social Equity Licensee.

(a) "Social equity licensee" means a social equity applicant who has been awarded a cannabis license.

(b) "Social equity licensee" includes 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.

(50) "Social Equity Partnership Grant" means a program within the Office of Social Equity that awards grants to promote qualifying partnerships between operational licensees and social equity licensees.

(51) "Standard license" means a license to operate a cannabis business that complies with the limits established in Alcoholic Beverages and Cannabis Article, §36-401(c)(1), Annotated Code of Maryland.

(52) "State Cannabis Testing Laboratory" means the laboratory operated by the Administration in accordance with Alcoholic Beverages and Cannabis Article, §36-204, Annotated Code of Maryland.

(53) "Tetrahydrocannabinol" or "THC", unless otherwise specified, means any:

(a) Tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, regardless of how derived;

(b) Other cannabinoid, other than cannabidiol that the Administration determines to cause intoxication; and

(c) Other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as identified by the Administration.

(54) "Tincture" means a solution that is:

(a) Dissolved in alcohol, glycerin, or vegetable oil; and

(b) Distributed in a dropper bottle of 4 ounces or less.

(55) Usable Cannabis.

(a) "Usable cannabis" means the dried leaves and flowers of the cannabis plant.

(b) "Usable cannabis" does not include seedlings, seeds, stems, stalks, or roots of the plant or the weight of any noncannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration.

(56) Usable Cannabis Product.

(a) "Usable cannabis product" means a prepackaged product containing usable cannabis.

(b) "Usable cannabis product" includes:

(i) A pre-rolled amount of usable cannabis;

(ii) Securely stored, sealed, and labeled amount of usable cannabis; and

(iii) Any other type or amount of usable cannabis that has been wrapped, rolled, or otherwise encased for the purposes of smoking.

(57) Visitor.

(a) "Visitor" means a guest at a licensed or registered premises who is not a registered agent employed by the licensee or registrant.

(b) "Visitor" does not include:

(i) A qualifying patient, registered caregiver, adult-use consumer, or any children who accompany a qualifying patient or registered caregiver for the sole purpose of purchasing cannabis or cannabis products; or

(ii) An Administration investigator.

(58) "Written certification" means a certification that:

(a) Is issued by a certifying provider to a qualifying patient with whom the provider has a bona fide provider-patient relationship;

(b) Includes a written statement certifying that, in the certifying provider's professional opinion, after having completed an assessment of the patient's medical history and current medical condition, the patient has a condition:

(i) That meets the inclusion criteria and does not meet the exclusion criteria of the certifying provider's application; and

(ii) For which the potential benefits of the medical use of cannabis would likely outweigh the health risks for the patient; and

(c) May include a written statement certifying that, in the certifying provider's professional opinion, a 30-day supply of medical cannabis would be inadequate to meet the medical needs of the qualifying patient.

Md. Code Regs. 14.17.01.01

Regulation .01 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.