Md. Code Regs. 14.17.12.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.17.12.04 - Dispensary Operations

A. Dispensing Medical Cannabis.

(1) A dispensary agent shall dispense medical cannabis only from the service area or other area as designated by the Administration in Regulations .02 and .03 of this chapter to a qualifying patient or caregiver who has presented:

(a) An Administration-issued patient or caregiver identification number; and

(b) A valid government-issued photo identification.

(2) Before any distribution of medical cannabis, a dispensary agent shall query the Administration data network using a unique log-in that identifies the registered dispensary agent and verify:

(a) That the qualifying patient or caregiver is currently registered;

(b) That a certifying provider issued a valid written certification to the qualifying patient;

(c) That the amount of medical cannabis that has already been dispensed pursuant to the written certification; and

(d) Whether a qualifying patient is actively enrolled in the Maryland Medical Assistance Program or in the Veterans Affairs Maryland Health Care System, and therefore, eligible for discounted medical cannabis pursuant to COMAR 14.17.04.06.

(3) A dispensary agent may provide information on:

(a) The available types of medical cannabis, cannabis varieties, and medical cannabis finished products;

(b) Methods by which medical cannabis can be taken; and

(c) How unused cannabis may be returned for disposal.

(4) 30-Day Supply.

(a) A qualifying patient or caregiver may obtain a portion of a 30-day supply at any time once the written certification is presented to a licensed dispensary, provided the portion being sought when added to portions previously obtained does not exceed a 30-day supply.

(b) The dispensary agent shall enter the weight of usable cannabis or the weight of delta-9-tetrahydrocannabinol (THC) dispensed in the Administration data network.

(5) A dispensary agent may decline to dispense medical cannabis to a qualifying patient or caregiver if, in the dispensary agent's professional opinion, the patient or caregiver appears to be currently under the influence of drugs or alcohol.

(6) A dispensary may not distribute a sample of medical cannabis.

(7) If not used to purchase medical cannabis within 120 days of issuance, a written certification becomes null and void.

(8) Any dispensing to a qualified patient or registered caregiver shall be recorded by the dispensary agent as a sale of medical cannabis using the seed-to-sale tracking system.

B. Dispensing Adult-Use Cannabis.

(1) A dispensary agent shall dispense cannabis only from the service area or other area as designated by the Administration in Regulations .02 and .03 of this chapter to a consumer who has presented a government-issued photo identification card that is valid, unexpired, and contains the consumer's birth date.

(2) A government-issued identification card under §B(1) of this regulation includes:

(a) State driver's license;

(b) U.S. passport;

(c) U.S. passport card;

(d) Non-driver's state photo ID card;

(e) Foreign passport;

(f) U.S. military ID card; and

(g) Tribal card.

(3) A government-issued photo identification card does not include a student identification card issued by a public institution or university.

(4) Before any distribution of cannabis, a dispensary agent shall log in to the Administration data network using a unique log-in that identifies the dispensary agent.

(5) At the point of sale, a dispensary agent shall verify that the consumer is 21 years old or older using the consumer's government-issued photo identification.

(6) A dispensary agent may provide information on:

(a) The available types of cannabis, cannabis varieties, and cannabis finished products;

(b) Methods of cannabis administration; and

(c) How to return unused cannabis for disposal.

(7) Sales Limits.

(a) A dispensary agent may not knowingly dispense to an individual an amount of cannabis or cannabis products greater than the personal use amount under Criminal Law Article, § 5-101, Annotated Code of Maryland, in a single day.

(b) For the purposes of calculating the personal use amount of cannabis that can be dispensed, an individual may not purchase more than:

(i) 1.5 ounces of usable cannabis products as defined in COMAR 14.17.01;

(ii) 12 grams of concentrated cannabis products; or

(iii) Edible cannabis products, capsules, and tinctures that do not exceed 750 milligrams of tetrahydrocannabinol.

(c) For the purpose of determining sales limits under this subsection, cannabis vaporizing devices shall be weighed and considered as concentrated cannabis products.

(8) A dispensary agent may decline to dispense cannabis to a consumer if, in the dispensary agent's professional opinion, the consumer appears to be:

(a) Currently under the influence of drugs or alcohol;

(b) Attempting to purchase cannabis products for resale or diversion; or

(c) Obtaining an amount of cannabis products greater than the personal use amounts under §B(7) of this regulation.

(9) Consumers purchasing cannabis under this section may purchase:

(a) Usable cannabis products as specified in COMAR 14.17.13.11;

(b) Cannabis vaporizing devices as specified in COMAR 14.17.13.08;

(c) Concentrated cannabis products as specified in COMAR 14.17.13.10;

(d) Home cultivation products;

(e) Infused non-edible cannabis products;

(f) Edible cannabis products under COMAR 14.17.13.05 and capsules, and tinctures under COMAR 14.17.13.06 with up to:

(i) 10 milligrams of THC per serving; and

(ii) 100 milligrams of THC per container.

(10) Consumer Profiles. A dispensary may not:

(a) Use an adult-use consumer's personal information, including records of their purchases, to create or maintain a customer profile without the consumer's express permission; or

(b) Deny an adult-use consumer the opportunity to purchase adult-use cannabis exclusively on the basis that the customer does not consent to the storage and use of their personal information.

C. Dispensing Controls.

(1) A dispensary may not sell, transfer, or deliver cannabis or cannabis products unless the licensee verifies by means of a valid driver's license or other government-issued photo identification containing the bearer's date of birth, in accordance with Alcoholic Beverages and Cannabis Article, §36-1101(a), Annotated Code of Maryland.

(2) A dispensary shall use the seed-to-sale tracking system to track its stock of cannabis from the time it is received by the dispensary to the time it is delivered or dispensed to another licensee, a registrant, a qualifying patient, registered caregiver, or adult-use consumer.

(3) A dispensary may not distribute samples of cannabis or cannabis products to consumers.

(4) A dispensary agent or owner may not dispense cannabis to themselves.

(5) If a dispensary offers reduced cost or discount cannabis or cannabis products to an agent, the reduced cost or discount available shall be distributed in accordance with the standard operating procedure.

D. At least monthly, a dispensary shall conduct a physical inventory of its stock of cannabis and compare the physical inventory of stock with the stock reflected in seed-to-sale tracking system.

Md. Code Regs. 14.17.12.04

Regulation .04 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.