Section 36-1101 - Sale, transfer or delivery(a) A cannabis licensee may not sell, transfer, or deliver cannabis or cannabis products unless the licensee verifies by means of a valid driver's license or other government-issued photo identification containing the bearer's date of birth that: (1) for adult-use cannabis, the consumer is at least 21 years old; or(2) for medical cannabis, the patient or caregiver is: (i) registered with the Administration; and(ii) at least 18 years old.(b)(1)(i) Except as provided in subparagraph (ii) of this paragraph, a licensee that sells, transfers, or delivers cannabis or cannabis products in violation of subsection (a) of this section is subject to a civil penalty of: 1. $500 for a first violation;2. $1,000 for a second violation occurring within 24 months after the first violation; and3. $5,000 for each subsequent violation occurring within 24 months after the immediately preceding violation.(ii) A violation of subsection (a) of this section that occurs more than 24 months after the immediately preceding violation shall be treated as a first violation.(2) The Administration may deny a cannabis license to an applicant, reprimand a cannabis licensee, or suspend or revoke a cannabis license if the applicant or licensee violates subsection (a) of this section two or more times in a 24-month period.(3) In a hearing for an alleged violation of this section, it is a defense that an agent of the defendant examined the consumer's, patient's, or caregiver's driver's license or other valid identification issued by a governmental unit that positively identified the consumer, patient, or caregiver as meeting the minimum age specified in subsection (a) of this section.(c)(1) A cannabis licensee may not:(i) sell, transfer, or deliver cannabis to an individual who is visibly intoxicated;(ii) offer cannabis or cannabis products as a prize, premium, or consideration for a lottery, contest, game of chance, game of skill, or competition of any kind; or(iii) conduct direct-to-consumer Internet sales of adult-use cannabis on or before July 1, 2025.(2) A cannabis licensee that violates paragraph (1) of this subsection is subject to a fine not exceeding $1,000, suspension or revocation of a license, or both.Added by 2023 Md. Laws, Ch. 254, Sec. 5, eff. 5/3/2023.