Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 17 - MARYLAND CANNABIS ADMINISTRATION › Chapter 14.17.01 - Definitions › Section 14.17.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				subtitle, the following terms have the meanings indicated.
B. Terms Defined
(1) "Administration" means the Maryland
				Cannabis Administration established under Alcoholic Beverages and Cannabis
				Article, §36-201, Annotated Code of Maryland.
(2) "Advisory Council" means the Cannabis
				Public Health Advisory Council established under Health-General Article,
				§13-4502, Annotated Code of Maryland.
(3) Agent.
(a) "Agent" means an employee, a volunteer,
				or any other authorized person who acts for or at the direction of a cannabis
				licensee or cannabis registrant.
(b) "Agent" includes:
(i) Cannabis licensee agent;
(ii) Cannabis registrant agent;
(iii) Owners; and
(iv) Management companies or individuals who
				are employees, volunteers, or otherwise authorized by a management
				company.
(4)
				Cannabis.
(a) "Cannabis" means the plant
				cannabis sativa l. and any part of the plant, including all non-synthetically
				derived, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
				whether growing or not, with a delta-9-tetrahydrocannabinol concentration
				greater than 0.3 percent on a dry weight basis.
(b) "Cannabis" includes cannabis products,
				seeds, seedlings, immature plants, and clones.
(c) "Cannabis" does not include hemp or hemp
				products, as defined in Agriculture Article, §
											14-101, Annotated Code of
				Maryland.
(5) Cannabis
				Product.
(a) "Cannabis product" means a
				product that is composed of cannabis, cannabis concentrate, cannabis extract,
				or any other ingredient and is intended for use or consumption.
(b) "Cannabis product" includes any product
				produced and regulated under this subtitle, including:
(i) Cannabis vaporizing devices;
(ii) Concentrated cannabis
				products;
(iii) Edible cannabis
				products; and
(iv) Usable cannabis
				products.
(6)
				Cannabis Vaporizing Device.
(a) "Cannabis
				vaporizing device" means a device that can be used to deliver aerosolized or
				vaporized cannabis or cannabis products to an individual inhaling from the
				device.
(b) "Cannabis vaporizing
				device" includes:
(i) A vape pen;
(ii) Vaping liquid; and
(iii) Any component, part, or accessory of
				such a device regardless of whether it is sold separately, including a
				concentrated or infused cannabis liquid, for the purposes of heating and
				producing a vapor.
(7) Canopy.
(a) "Canopy" means the total square footage
				of space used by a licensee to produce flowering cannabis plants.
(b) "Canopy" includes each layer of flowering
				cannabis plants grown on any rack or shelving.
(c) "Canopy" does not include square footage
				used for:
(i) Mother stock;
(ii) Propagation;
(iii) Immature or nonflowering
				plants;
(iv) Processing;
(v) Drying;
(vi) Curing;
(vii) Trimming;
(viii) Storage;
(ix) Offices;
(x) Hallways;
(xi) Pathways;
(xii) Work areas; or
(xiii) Other administrative and nonproduction
				uses.
(8)
				"Capsules" means a solid preparation containing a single serving of
				tetrahydrocannabinol or other cannabinoid that:
(a) Is intended to be swallowed
				whole;
(b) Not formulated to be
				chewable, dispersible, effervescent, orally disintegrating, used as a
				suspension, or consumed in a manner other than swallowed whole; and
(c) Does not contain any added natural or
				artificial flavor or sweetener.
(9) Caregiver.
(a) "Caregiver" means an individual who has
				agreed to assist with a qualifying patient's medical use of cannabis.
(b) "Caregiver" means, for a qualifying
				patient younger than 18 years old:
(i) A
				parent or legal guardian; and
(ii)
				Not more than two additional adults designated by the parent or legal
				guardian.
(c) "Caregiver"
				does not include any designated school personnel authorized to administer
				medical cannabis to a student in accordance with the guidelines established
				under Education Article, §
											7-446, Annotated Code of
				Maryland.
(10)
				"Certifying provider" has the meaning stated in Alcoholic Beverages and
				Cannabis Article, §36-101, Annotated Code of Maryland.
(11) "Clinical director" means an individual
				who:
(a) Is appointed by a licensed dispensary
				to provide information on medical cannabis to qualifying patients, registered
				caregivers, and dispensary agents;
(b) Meets the requirements of COMAR
				14.17.04.08; and
(c) Is registered with the
				Administration.
(12)
				Concentrated Cannabis Product.
(a)
				"Concentrated cannabis product" means a product derived from cannabis that has
				undergone a process to concentrate one or more active cannabinoids.
(b) "Concentrated cannabis product" includes:
(i) Kief;
(ii) Hashish;
(iii) Bubble hash;
(iv) Oil;
(v) Wax;
(vi) Shatter;
(vii) Resin; or
(viii) Any other product produced by
				extracting cannabinoids from the plant using solvents, carbon dioxide, heat,
				screens, presses or steam distillation.
(c) "Concentrated cannabis product" does not
				include any cannabis vaporizing device as defined in this regulation.
(13) "Conditional license" means a
				temporary preapproval for a cannabis license issued pending satisfactory
				completion of the requirements for licensing under COMAR 14.17.05.
(14) "Consumer" means an individual 21 years
				old or older who purchases cannabis or a cannabis product from a licensed
				dispensary or on-site consumption establishment.
(15) Control.
(a) "Control" means:
(i) The decision-making authority over the
				management, operations, or policies that either guide a business or guide
				authority over the operation of the technical aspects of a business;
				or
(ii) Authority over the
				operation of the technical aspects of the business.
(b) "Control" includes:
(i) Holding a right to veto significant
				events;
(ii) The right or authority
				to make or veto decisions regarding operations and strategic planning, capital
				allocations, acquisitions, and divestments;
(iii) The right or authority to appoint or
				remove directors, corporate-level officers, or their equivalent;
(iv) The right or authority to make major
				marketing, production, and financial decisions; and
(v) The right or authority to execute
				exclusive contracts or significant contracts in the aggregate of $10,000 or
				greater on behalf of the licensee.
(16) "Criminal history record check" means a
				State and national criminal history records check in accordance with Alcoholic
				Beverages and Cannabis Article, §36-505, Annotated Code of
				Maryland.
(17) "Data network" means
				the interface with the seed-to-sale tracking system that enables licensees to
				identify qualifying patients and registered caregivers and monitor patient
				allotments.
(18) "Delivery service"
				means a licensee authorized to deliver cannabis in accordance with a micro
				license to operate a dispensary.
(19) Dispensary.
(a) "Dispensary" means an entity licensed
				under Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of
				Maryland, that acquires, possesses, repackages, transports, sells, distributes,
				or dispenses cannabis or cannabis products, including tinctures, aerosols,
				oils, and ointments, related supplies, and educational materials for use by
				qualifying patients, caregivers, or consumers through a storefront or through a
				delivery service, based on license type.
(b) "Dispensary" includes standard and micro
				license types.
(20)
				"Disproportionately impacted area" means a geographic area identified by the
				Office of Social Equity that has had above 150 percent of the State's 10-year
				average for cannabis possession charges.
(21) Edible Cannabis Product.
(a) "Edible cannabis product" means a
				cannabis product intended for human consumption by oral ingestion, in whole or
				in part.
(b) "Edible cannabis
				product" includes a cannabis product that dissolves or disintegrates in the
				mouth.
(c) "Edible cannabis
				product" does not include any concentrated cannabis products, infused
				non-edible cannabis products, or capsules or tinctures that do not contain any
				food or food ingredients.
(22) "Electronic manifest" means the
				comprehensive report created by a licensee within the Administration's
				designated seed-to-sale tracking system to record the chain of custody of a
				cannabis transfer or delivery.
(23)
				"Green waste" means unauthorized, misbranded, contaminated, unused, surplus,
				returned, or out-of-date cannabis or product containing cannabis.
(24) Grower.
(a) "Grower" means an entity licensed under
				Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of
				Maryland, that cultivates or packages cannabis and is authorized by the
				Administration to provide cannabis to other licensees and registered
				independent testing laboratories.
(b) "Grower" includes standard and micro
				license types.
(25) High
				Potency Product.
(a) "High potency product"
				means a product that exceeds the maximum potency for consumers, as established
				by the Administration, and may only be sold or distributed to a qualifying
				patient or registered caregiver.
(b) "High potency product" includes:
(i) A concentrated cannabis product that
				exceeds 1 gram in total weight; and
(ii) An edible cannabis product, capsule,
				tincture, or infused non-edible product that exceeds 10 milligrams THC per
				serving and 100 milligrams THC per package.
(26) Home Cultivation Product.
(a) "Home cultivation product" means the
				clones, seeds, seedlings, stalks, roots, and stems of the cannabis plant for
				home cultivation.
(b) "Home
				cultivation product" does not include any plant that is:
(i) Wider than 8 inches;
(ii) Taller than 8 inches; or
(iii) Otherwise in a vegetative or flowering
				state.
(27)
				"Incubator space" means a facility where a micro licensee may operate in
				accordance with Alcoholic Beverages and Cannabis Article, §36-406,
				Annotated Code of Maryland.
(28)
				"Independent testing laboratory" means a facility, entity, or site that is:
(a) Registered with the Administration to
				perform tests on cannabis or cannabis products;
(b) Independent of any entity licensed under
				Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of
				Maryland, to grow, process or dispense cannabis; and
(c) Accredited as operating to International
				Organization for Standardization (ISO) standard 17025 by an accreditation body:
(i) Operating in accordance with ISO standard
				ISO/IEC 17011; and
(ii) That is a
				signatory to the International Laboratory Accreditation Cooperation (ILAC)
				Mutual Recognition Arrangement (MRA).
(29) "Infused non-edible cannabis product"
				means ointment, salve, suppository, dermal patch, cartridge, or any other
				product containing cannabis that has been processed so that the dried leaves
				and flowers are integrated into other material that is not intended for human
				consumption by oral ingestion.
(30)
				"Law enforcement agency" means a governmental police force, sheriff's office,
				security force, or law enforcement organization of the State, a county, or a
				municipal corporation that by statute, ordinance, or common law is authorized
				to enforce the general criminal laws of the State.
(31) Licensee.
(a) "Licensee" means a business licensed by
				the Administration in accordance with Alcoholic Beverages and Cannabis Article,
				§36-401, Annotated Code of Maryland.
(b) "Licensee" includes any:
(i) Micro grower;
(ii) Micro processor;
(iii) Micro dispensary;
(iv) Standard grower;
(v) Standard processor;
(vi) Standard dispensary;
(vii) Incubator space; and
(viii) On-site consumption
				establishment.
(32) Liquid Edible Product.
(a) "Liquid edible product" means an edible
				cannabis product that is a liquid beverage or liquid food-based product for
				which the intended use is oral consumption.
(b) "Liquid edible product" excludes a
				tincture as defined in this section.
(33) "Micro license" means a license to
				operate a cannabis business that does not exceed the limits established in
				Alcoholic Beverages and Cannabis Article, §36-401(c)(2), Annotated Code of
				Maryland.
(34) "Neutral age screen"
				means a mechanism to verify a user's age by requiring them to enter their date
				of birth to gain access to areas of a website that are not designed for
				children.
(35) "On-site consumption
				establishment" means an entity licensed by the Administration to distribute
				cannabis or cannabis products for on-site consumption other than by smoking
				indoors.
(36) "Owner" means a
				person with an ownership interest in a cannabis license.
(37) "Ownership interest" means a direct or
				indirect equity interest in a cannabis license, including in its shares or
				stock.
(38) "Passive investor"
				means an individual or an entity that:
(a)
				Holds an aggregate ownership interest of less than 5 percent in a cannabis
				licensee; and
(b) Does not have
				control of the cannabis licensee.
(39) "Personal use amount" means an amount
				of:
(a) Cannabis that does not exceed 1.5
				ounces;
(b) Concentrated cannabis
				that does not exceed 12 grams; or
(c) Cannabis products containing no more than
				750 milligrams of delta-9-tetrahydrocannabinol.
(40) "Principal officer" means a board
				member, a president, a vice president, a secretary, a treasurer, a partner, an
				officer, a managing member, or any other individual with a profit sharing,
				financial interest, or revenue sharing arrangement, including an individual
				with the authority to control a cannabis license.
(41) "Processing" means the manufacture of
				usable cannabis into a cannabis concentrate or manufacture of a
				cannabis-infused product.
(42)
				Processor.
(a) "Processor" means an entity
				licensed by the Administration in accordance with Alcoholic Beverages and
				Cannabis Article, §36-401, Annotated Code of Maryland, that:
(i) Transforms cannabis into another product,
				or an extract, and packages and labels the cannabis product; and
(ii) Is authorized by the Administration to
				provide cannabis to licensed dispensaries and registered independent testing
				laboratories.
(b)
				"Processor" includes standard and micro license types.
(43) "Qualifying patient" means an individual
				who:
(a) Has been provided with a valid
				written certification by an Administration-registered certifying provider in
				accordance with a bona fide provider-patient relationship; and
(b) If younger than 18 years old, has a
				caregiver.
(44)
				Registrant.
(a) "Registrant" means a business
				registered by the Administration to operate in the cannabis industry.
(b) "Registrant" includes:
(i) Independent testing laboratory;
(ii) Transporter business;
(iii) Security guard company; and
(iv) Waste disposal company.
(45) Residence.
(a) "Residence" means a house, condominium,
				apartment, or any other dwelling unit under legal control of an
				individual.
(b) "Residence" does
				not mean a dormitory or other on-campus college or university
				housing.
(c) "Residence" does not
				mean a short-term rental, hotel, hostel, or other property being occupied for a
				period of less than 90 days.
(46) "Seed-to-sale tracking system" means a
				software system procured by the Administration that tracks cannabis from either
				the seed or immature plant stage, until the cannabis is sold to a patient,
				caregiver, or consumer.
(47)
				"Serious adverse event" means an undesirable experience associated with the use
				of cannabis where the outcome was death, life-threatening, hospitalization,
				disability or permanent damage, congenital anomaly or birth defect or any other
				important medical event.
(48)
				"Social equity applicant" means an applicant for a cannabis license or cannabis
				registration that:
(a) Has at least 65
				percent ownership and control held by one or more individuals who:
(i) Have lived in a disproportionately
				impacted area for at least 5 of the 10 years immediately preceding the
				submission of the application;
(ii)
				Attended a public school in a disproportionately impacted area for at least 5
				years; or
(iii) For at least 2
				years, attended a 4-year institution of higher education in the State where at
				least 40 percent of the individuals who attend the institution of higher
				education are eligible for a Pell Grant; or
(b) Meets any other criteria established by
				the Administration.
(49)
				Social Equity Licensee.
(a) "Social equity
				licensee" means a social equity applicant who has been awarded a cannabis
				license.
(b) "Social equity
				licensee" includes a grower, processor, or dispensary that:
(i) Held a Stage One Preapproval for a
				license before October 1, 2022; and
(ii) Was not operational before October 1,
				2022.
(50)
				"Social Equity Partnership Grant" means a program within the Office of Social
				Equity that awards grants to promote qualifying partnerships between
				operational licensees and social equity licensees.
(51) "Standard license" means a license to
				operate a cannabis business that complies with the limits established in
				Alcoholic Beverages and Cannabis Article, §36-401(c)(1), Annotated Code of
				Maryland.
(52) "State Cannabis
				Testing Laboratory" means the laboratory operated by the Administration in
				accordance with Alcoholic Beverages and Cannabis Article, §36-204,
				Annotated Code of Maryland.
(53)
				"Tetrahydrocannabinol" or "THC", unless otherwise specified, means any:
(a) Tetrahydrocannabinol, including
				delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and
				delta-10-tetrahydrocannabinol, regardless of how derived;
(b) Other cannabinoid, other than cannabidiol
				that the Administration determines to cause intoxication; and
(c) Other chemically similar compound,
				substance, derivative, or isomer of tetrahydrocannabinol, as identified by the
				Administration.
(54)
				"Tincture" means a solution that is:
(a)
				Dissolved in alcohol, glycerin, or vegetable oil; and
(b) Distributed in a dropper bottle of 4
				ounces or less.
(55)
				Usable Cannabis.
(a) "Usable cannabis" means
				the dried leaves and flowers of the cannabis plant.
(b) "Usable cannabis" does not include
				seedlings, seeds, stems, stalks, or roots of the plant or the weight of any
				noncannabis ingredients combined with cannabis, such as ingredients added to
				prepare a topical administration.
(56) Usable Cannabis Product.
(a) "Usable cannabis product" means a
				prepackaged product containing usable cannabis.
(b) "Usable cannabis product" includes:
(i) A pre-rolled amount of usable
				cannabis;
(ii) Securely stored,
				sealed, and labeled amount of usable cannabis; and
(iii) Any other type or amount of usable
				cannabis that has been wrapped, rolled, or otherwise encased for the purposes
				of smoking.
(57) Visitor.
(a) "Visitor" means a guest at a licensed or
				registered premises who is not a registered agent employed by the licensee or
				registrant.
(b) "Visitor" does not
				include:
(i) A qualifying patient, registered
				caregiver, adult-use consumer, or any children who accompany a qualifying
				patient, registered caregiver, or adult use consumer for the sole purpose of
				purchasing cannabis or cannabis products; or
(ii) An Administration
				investigator.
(58) "Written certification" means a
				certification that:
(a) Is issued by a
				certifying provider to a qualifying patient with whom the provider has a bona
				fide provider-patient relationship;
(b) Includes a written statement certifying
				that, in the certifying provider's professional opinion, after having completed
				an assessment of the patient's medical history and current medical condition,
				the patient has a condition:
(i) That meets
				the inclusion criteria and does not meet the exclusion criteria of the
				certifying provider's application; and
(ii) For which the potential benefits of the
				medical use of cannabis would likely outweigh the health risks for the patient;
				and
(c) May include a
				written statement certifying that, in the certifying provider's professional
				opinion, a 30-day supply of medical cannabis would be inadequate to meet the
				medical needs of the qualifying patient.