{"data":{"id":"us-md/md.-code-alcoholic-beverages-and-cannabis-36-405","jurisdiction":"us-md","citation":"Md. Code, Alcoholic Beverages and Cannabis § 36–405","heading":"","body":"(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.\n(b) A political subdivision may:\n(1) establish reasonable zoning requirements for cannabis businesses; and\n(2) decide how to distribute its allocation of revenue under § 2–1302.2 of the Tax – General Article.\n(c) A political subdivision may not:\n(1) establish zoning or other requirements that unduly burden a cannabis licensee;\n(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;\n(3) prohibit transportation through or deliveries within the political subdivision by cannabis businesses located in other political subdivisions;\n(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\n(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.\n(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:\n(1) the facility was properly zoned and operating on or before January 1, 2023; or\n(2) the cannabis licensee:\n(i) held a Stage One Preapproval for a license before October 1, 2022; and\n(ii) was not actively engaged in the growing, processing, or dispensing of cannabis before October 1, 2022.\n(e) A political subdivision or special taxing district may not impose a tax on cannabis.","path":["Article - Alcoholic Beverages and Cannabis"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab\u0026section=36-405","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:56:03Z","sha256":"4800d346585bb5c23bd989d0cb8dcbb790f8befee9f70af79709cd2b48016287","source_id":"us-md","stale":false,"prev":"us-md/md.-code-alcoholic-beverages-and-cannabis-36-404","next":"us-md/md.-code-alcoholic-beverages-and-cannabis-36-406"},"notice":"GroundRules: Original legal text. Not legal advice."}
