Section 36-405 - Political subdivisions - rights and duties(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 § 36-40 1(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.Md. Code art. Alcoholic Beverages and Cannabis, § 36-405Md. Code, Alcoholic Beverages and Cannabis § 36-405
Amended by 2024 Md. Laws, Ch. 244,Sec. 1, eff. 6/1/2024.Added by 2023 Md. Laws, Ch. 255, Sec. 5, eff. 5/3/2023.Added by 2023 Md. Laws, Ch. 254, Sec. 5, eff. 5/3/2023.