Md. Code Regs. 14.17.05.08

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.17.05.08 - Lottery Exemption

A. Pigford v. Glickman Class Members.

(1) The Administration may issue up to five conditional grower licenses to recognized class members of Pigford v. Glickman, 185 32 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011) who:

(a) Were awarded damages related to farming operations in Maryland;

(b) Have provided evidence to the Administration that they have not been fully compensated for discrimination and continue to experience challenges due to past or present discrimination; and

(c) Meet all other application criteria established by the Administration under this chapter.

(2) If there are more qualified applications than the number of licenses available, the Administration shall conduct a lottery for all applicants that meet the minimum qualifications for licensing established under §A(1) of this regulation.

(3) Notwithstanding any other provision of law, a license issued under this regulation is in addition to and not subject to the limitations on the total number of licenses that the Administration may issue under Alcoholic Beverages and Cannabis Article, Title 36, Subtitle 4, Annotated Code of Maryland.

B. A business awarded a grower license pursuant to Ch. 598, Acts of 2018, may be awarded a standard dispensary license, if the grower:

(1) Submits an application that meets the minimum qualifications for a standard dispensary license, as determined by the Administration; and

(2) Including any individual or entity that holds an ownership interest in or control of the grower, does not own or control a dispensary license.

Md. Code Regs. 14.17.05.08

Regulation .08 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.