Maryland § 36-405

§ 36-405.

    (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 § 36–401(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.

    (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.