Friday’s Maryland House of Delegates passed a bill that creates regulations to allow adult-use marijuana commerce after voter approval of legalization. On Thursday, the Senate companion version was given its first hearing.
The legislation was approved by the House from Del. C.T. C.T. Wilson (D), in a 103 to 32 vote, two days after it was passed through second reading. Now, the measure moves to Senate.
Maryland has a $1-2 Billion industry. Wilson stated on the floor that while you might not agree with marijuana use or the vote taken by our citizens, it was taken.
Just passed the House with 103 to 32 votes! I voted green
Details on HB 556 at https://t.co/UzNlf3cnAr pic.twitter.com/VcWSFFG3sM
— David Moon (@DavidMoon2014 March 10, 2023
He said that it was now his obligation to establish an adult-use program. That Marylanders have safe and effective cannabis access without fear; that small businesses can thrive in Maryland under this industry, and that those communities that were devastated by the war against drugs are finally allowed to enjoy marijuana.
Although the House and Senate versions were identical at the time of introduction, significant amendments to the House measure were made in committee before it was passed by the body.
Senator President Bill Ferguson (D), said Friday at a press conference that he expected that the bicameral legislators would work together to “resolve differences” between the two versions. This was “potentially” in an informal conference committee.
“We want this to move. He said that there are many pieces to this puzzle. “And I believe, you know that there is no perfect legislation. It’s trying to minimize any unintended consequences we can think of today.
The Senate Finance Committee voted to accept the version of that chamber during a meeting Thursday. There were four hours of discussion and approximately 100 witnesses who testified about the proposal.
Many changes were suggested by witnesses and legislators, including those related to licensing, taxing and equity, on-site cannabis facilities, workplace policies and product potency, as well as the incorporation of existing medical cannabis businesses into recreational markets.
“The political landscape regarding cannabis has changed quite dramatically,” Sen. Brian Feldman (D), who sponsored the Senate bill. We are not in the lead of the country. Since enacting our medical cannabis program almost a decade ago, we have taken a deliberate and methodical approach.”
He said, “Now our job it to create the regulatory framework that makes it work in the most efficient way. We will draw on some of the lessons learned from other states and mistakes made during our medical cannabis program rollout.”
This is what the House-passed would achieve:
The first fiscal year that begins this summer, cannabis would be subject to a six percent tax. The tax would rise by one percent every year up to 2028, reaching a maximum of 10 percent. The tax would not apply to medical marijuana patients.
Thirty percent would be used to fund a community investment fund for the next ten years. Further, the bill calls for 1.5% of revenue to be sent to localities and 1.5% to counties. 1.5% each will go to a Cannabis Public Health Fund or the Cannabis Business Assistance Fund.
The Marijuana Alcohol and Tobacco Commission will be renamed the Maryland Alcohol, Tobacco and Cannabis Commission, and would be responsible to regulate the program. The commission would create a Division of cannabis Regulation and Enforcement, which would be responsible for reviewing and issuing licenses to marijuana businesses.
Existing medical marijuana dispensaries will be converted to dual licensees when legalization goes into effect. If they have paid a fee, this would happen on July 1. Additional marijuana business licenses would have to be approved by regulators by July 1, 2024.
Social equity applicants must have at least 65 percent ownership from people who have lived in the disproportionately affected areas for at most five years, have attended public school in this area for at minimum five years, or have met other criteria based on a disparity analysis.
To promote the industry and offer low-interest loans, a Capital Access Program would be established.
The bill provides $5 million annually to be used for grants to medical cannabis dispensaries who form “meaningful partnerships” that include mentorship, training, and/or shared business spaces.
Localities cannot impose additional taxes or prohibit existing medical marijuana businesses from operating within their boundaries.
Patients who are medical cannabis patients will be allowed to grow up four plants for their own personal use instead of two under current law. They wouldn’t have to pay tax on medical marijuana products.
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The bills are emergency legislation and would be in effect immediately. They must be approved by three-fifths vote in each chamber to become law. Legalization of possession up to 1.5 ounces (or more) of cannabis will take effect July 1. This puts pressure on legislators to create regulations for commerce.
A spokesperson for Gov. Wes Moore (D), a spokesperson for Gov.
We have compiled best practices in legal cannabis from other states, analyzed the lessons learned from medical cannabis, and developed an equitable implementation framework.
One of the most popular models in recreational cannabis was passed by the House. Let’s move it to the finish. https://t.co/Ih8erOblBq
— Speaker Adrienne Jones (@SpeakerAJones March 10, 2023
Partly, the bill is the result of extensive work by bipartisan and bicameral legislators who were part in House Cannabis Referendum and Legalization Workgroup which was established in 2021 by Speaker Adrienne Jones (D- ).
Following the approval by Maryland voters of a legalization referendum last year, members have been holding numerous meetings to discuss future regulations. This has triggered the implementation of complementary legislation that covers basic policies such as possession and low-level home cultivating.
The legislation will legalize the purchase and possession up to 1.5 ounces (for adults) of cannabis starting in the summer. It will also eliminate criminal penalties for possessing up to 2.5 ounces. Adults aged 21 or older can grow up to 2 plants for their own personal use, and may also gift cannabis to others without being paid.
All past convictions for conduct that was legalized under the law will be expunged. People currently serving sentences for such offenses are eligible for resentencement. People convicted of possession with intent to distribute may petition the courts for exoneration three years after they have served their sentence.
The referendum was implemented in parts at the start of the year. Possession up to 1.5 ounces or more of cannabis is now a civil offense. There’s a $100 penalty and a $250 penalty for possession of more than 1.5 ounces. 2.5 ounces or more are subject to a $250 fine.
In the 2021 session, adult-use legalization was moving through Maryland’s legislature. However, no votes were ever held. A hearing was held by the Senate Finance Committee in on a legalization bill. This hearing followed a hearing by the House Judiciary Committee on a separate cannabis proposal.
In 2012, Maryland legalized medical marijuana through an act by the legislature. Two years later, Maryland legalized medical cannabis through an act of the legislature in 2012.
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Photo by Mike Latimer.
The post Maryland House Approves a Bill To Regulate Marijuana Sale As Senators Hold Hearing on Companion Version originally appeared on Marijuana Moment.
