Md. Code Regs. 14.17.20.02

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

Section 14.17.20.02 - Prohibitions

A. A licensee may not:

(1) Sell, transfer, or deliver cannabis to an individual who is visibly intoxicated;

(2) Offer cannabis or cannabis products as a prize, premium or consideration for a lottery, contest, game of chance, game of skill, or competition of any kind;

(3) Conduct direct-to-consumer internet sales of adult-use cannabis or cannabis products on or before July 1, 2025; or

(4) Violate any part of:

(a) Alcoholic Beverages and Cannabis Article, Title 36, Annotated Code of Maryland;

(b) This subtitle;

(c) Any other violation of State, federal, or local:

(i) Law;

(ii) Regulation; or

(iii) Ordinances.

B. Persons not registered or licensed under this subtitle may not:

(1) Operate a business or establishment that could reasonably be interpreted to be a licensee; or

(2) Sell or distribute a product intended for human consumption or inhalation that contains more than:

(a) 0.5 milligrams of THC per serving; or

(b) 2.5 milligrams of THC per package.

C. Exemptions.

(1) Persons are exempt from §B(2) of this regulation if they sell or distribute a hemp-derived tincture that complies with Alcoholic Beverages and Cannabis Article, §36-1102(d), Annotated Code of Maryland.

(2) Products exempted under this subsection shall be tested by an Independent Testing Lab under COMAR 14.17.08.05A.

D. Sales Restrictions.

(1) Naturally Occurring Biologically Active Chemical Constituents.

(a) A person, registered agent, or licensed business may not sell or distribute a cannabinoid that is not derived from naturally occurring biological active chemical constituents.

(b) A licensed business may submit to the State Cannabis Testing Laboratory, in a manner determined by the Administration, other compounds to be considered for sale, distribution, and regulation.

(2) Businesses licensed under this subtitle may not:

(a) Have a license to sell alcoholic beverages under Alcoholic Beverages and Cannabis Article, Title 1 or 2, Annotated Code of Maryland; or

(b) Allow another business to sell alcoholic beverages within its licensed premises.

(3) A licensee may not distribute any cannabis to any person if the licensee knows, or may have reason to know, that the distribution of cannabis or cannabis products to an individual does not comply with any provision of Alcoholic Beverages and Cannabis Article, Annotated Code of Maryland, or this subtitle.

(4) A licensee may not distribute any cannabis to any person if the licensee knows, or may have reason to know, that the cannabis or cannabis products itself does not comply with any provision of Alcoholic Beverages and Cannabis Article, Annotated Code of Maryland, or this subtitle.

E. Samples.

(1) A licensed business may not provide samples of cannabis or cannabis product unless authorized by this section.

(2) Under this section, samples are only authorized from a licensed business to:

(a) Another licensed business;

(b) An employee, owner, or agent of another licensed business; or

(c) An employee, owner, or agent of the licensed business.

(3) Trade Samples.

(a) Trade samples shall only be provided by a licensed growers and processors and shall be:

(i) Provided solely for the purpose of business-to-business marketing;

(ii) Recorded in the Administration's seed-to-sale system;

(iii) Packaged and labeled in accordance with COMAR 14.17.18;

(iv) Tested in accordance with COMAR 14.17.08; and

(v) Compliant with product requirements under COMAR 14.17.13.

(b) Trade samples under this subsection may not be:

(i) Sold to another licensed business, patient, caregiver, or consumer;

(ii) Consumed on any licensed premises; or

(iii) A cannabis plant.

(4) Employee Samples.

(a) Employee samples shall only be provided by a licensed business to an employee of the licensed business and shall be:

(i) Provided solely for the purpose of employee education;