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A Look at the Application Requirements to Open a Medical Marijuana Dispensary in Maryland
As you might expect, the process to obtain a medical cannabis dispensary license in Maryland is quite complex. Since the state will be allowing a limited number of dispensary licenses, it’s in your best interests as a prospective cannabis business owner to seek legal counseling in Maryland before submitting your application. Attorneys can advise you of relevant compliance issues and make sure that your application is in order with all necessary supporting documents.
Required Information
Prospective cannabis dispensary owners can expect to fill out a lengthy application. It requires basic information such as the legal name of the entity and the identifying information for each principal officer. Bear in mind that no applicant or principal officer may apply for a Maryland license if he or she has previously served as a principal officer in a dispensary that has had a revoked registration certificate. One large section of the application requires you to check off boxes to demonstrate that you acknowledge various requirements and that you agree with them. Then, you can expect to answer in-depth questions about your proposed medicinal marijuana dispensary, such as how you plan to minimize any negative impact to the surrounding community and how you will train all dispensary agents in detecting and preventing the diversion of medicinal marijuana. Other examples of required information are:- How you plan to educate dispensary agents every 12 months regarding the latest medicinal marijuana information
- How the premises will be constructed to prevent unauthorized entry
- How the secure room within the dispensary will be constructed
- How you will maintain surveillance and security systems
These are just a few of the many questions you can expect to answer. It’s highly advisable to consult an attorney in Maryland to ensure that your application package is in order before submitting it.
Applicable Fees
If you are able to obtain a medicinal marijuana dispensary license, you will be required to pay an annual licensing fee of $40,000 for every year that you are in business. Combined grower/dispensary operators are required to pay higher fees. -
Help for Business Owners with Medical Marijuana Regulation Compliance
Staying abreast of the latest regulations regarding cannabis services can be challenging. For cannabis business owners; however, it is essential to remain in full compliance with local and state laws. This is one reason why investors in medical marijuana near Rockville have turned to the Medical Cannabis Law Group for guidance. At our law firm, we walk investors through every step of the process, from filling out applications and obtaining permits to handling claims made against your company. We handle matters pertaining to cannabis-related business formation and ongoing operational concerns. Our attorneys can offer expert legal representation in the event your business is ever alleged to have committed a violation of medical marijuana law.
By partnering with the Medical Cannabis Law Group, your cannabis-related service team can plan for short-term and long-term success without worrying about regulatory compliance. Our attorney can keep you up-to-date on the latest regulation changes and related issues that may affect your business to let you focus on your bottom line.
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Understanding the Changes to Marijuana Possession Regulations
Marijuana laws are changing around the country, including right here in Maryland. Residents are who possess up to 10 grams of marijuana will be fined and cited instead of being arrested and put behind bars. Watch this news clip to learn more about Maryland’s changing marijuana possession regulations.
Marijuana laws are extremely complex, especially when it comes to the issue of medical marijuana in Maryland. If you currently own or operate a medical marijuana dispensary or are thinking about entering cannabis business, make sure to build a relationship with a criminal law attorney in Rockville who specializes in medical cannabis law . A marijuana law group may also provide you with strategic advice to help get your cannabis business off the ground and make sure you adhere to Maryland’s complex marijuana laws and regulations.
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Get the Facts About Maryland’s Medical Marijuana Regulations
On April 14, 2014, Maryland Gov. Martin O’Malley signed HB 881 and SB 923 into law, officially making MD the 21 st state with an effective medical marijuana program. While these new laws and regulations provide the framework and infrastructure for medical marijuana, cannabis entrepreneurs still face numerous obstacles. Fortunately, there are criminal law attorneys in Rockville who specialize in medical marijuana and can help you comply with Maryland’s complex marijuana regulations.
Medical Marijuana Regulation
MD’s medical marijuana program is regulated by the Natalie M. LaPrade Medical Marijuana Commissions. The Commission is an independent group that functions within the Maryland Department of Health and Mental Hygiene. The 15-member committee oversees the implementation of the state’s medical marijuana program.General Marijuana Provisions
HB 881 and SB 923 allow qualifying patients to possess up to a 30-day supply of medical marijuana. The twin bills also establish the process by which patients can qualify for and obtain medical marijuana. There is no limit to the number of dispensaries that the Commission may license, so contact a marijuana lawyer if you are interested in setting up a dispensary in Rockville.Qualifying Medical Condition
In order to qualify for legal protection under the new law, a patient must have a written recommendation from a qualified physician certifying the potential benefits of the medical use of marijuana. A patient can qualify for medical marijuana if he or she suffers from a medical condition or treatment that causes wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms.Dispensaries/Cultivators
Medical marijuana can only be legally obtained in Maryland from a licensed dispensary or directly from one of the 15 licensed medical marijuana growers in the state. Beginning June 1, 2016, the Commissions may increase the number of licenses marijuana growers to meet demand. If you are interested in becoming a licensed cultivator, consult with a law firm in Rockville that specializes in medical marijuana law. -
Will a Dismissed Felony Case Be on Your Background Check?
Marijuana legalization has opened the door to dynamic business opportunities. However, the requirements to become a licensed grower or dispensary operator are extremely strict, with good reason. If you’re considering launching a business for medical marijuana near Rockville, you should consult an attorney at law, especially if you have ever had criminal charges filed against you. When applying for a license, you will have to provide sets of legible fingerprints and personal information to the Director of the Central Repository so that a criminal background check may be conducted.
As you’ll learn by watching this video, it may be possible that the background check will reveal felony charges, even if the case was dismissed. This depends upon the extent of the background check. However, since the case was dismissed, it may not necessarily be held against you. It’s best to consult a lawyer for personalized legal guidance.
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A Brief History of Maryland’s Marijuana Laws
In 1951, federal laws were enacted that required offenders convicted of marijuana possession to serve a minimum sentence of two to 10 years and to pay a fine of up to $20,000. Today, the marijuana legalization movement continues to gain momentum with the addition of more states that allow it for medical uses or recreational purposes. The laws regarding medical marijuana near Rockville continue to evolve quickly. Entrepreneurs looking to cash in on the marijuana legalization movement should work with an attorney at law to become informed about the latest regulations.
Medical Marijuana Legalization
2014 was quite a year for marijuana policy reform in Maryland. Multiple bills concerning marijuana legalization were signed into law by Governor Martin O’Malley, including two bills that allowed certain patients with qualifying medical conditions to obtain access to medical marijuana in a legal manner. Patients can apply for a medical marijuana card issued by the Medical Marijuana Commission and Department of Health and Mental Hygiene. Along with the application, patients must submit medical documentation of their qualifying condition and their physician must hold a special license to recommend medical marijuana.Marijuana Possession Decriminalization
Along with legalizing medical marijuana, Maryland has now decriminalized the possession of small amounts of marijuana with the passage of SB-364. Now, the possession of up to 10 grams of marijuana is considered a civil, rather than a criminal offense. Before this bill was signed into law, offenders found guilty of possessing up to 10 grams of marijuana could be sentenced to up to 90 days in jail and $500 in fines.Possession Records Modification
Despite the changing climate in favor of marijuana policy reform, those who already had convictions of non-violent misdemeanors like marijuana possession may continue to face repercussions. The Second Chance Act was recently submitted to Governor Hogan’s desk. If signed into law, it would shield these non-violent criminal records from background checks requested by schools and potential employers. However, the applicant cannot take advantage of this until three years have passed after his or her sentence was served. -
A Look at Maryland’s Marijuana Paraphernalia Bill
In the latest in a series of actions to advance marijuana legalization , Maryland lawmakers approved a bill regarding marijuana paraphernalia. This latest bill is a logical addition to last year’s law that decriminalized the possession of certain amounts of marijuana. Now, the possession of marijuana paraphernalia has also been decriminalized. Lawmakers noted that the bill was necessary to resolve a discrepancy; while marijuana possession is now considered a civil offense, paraphernalia possession was still a criminal offense. The approval of the bill by both the Senate and the House of Delegates is likely to be welcome news to those who seek to capitalize on the legalization of marijuana in Rockville by developing a marijuana business. In fact, prospective cannabusiness owners may wish to consult an attorney at law to determine how the bill might affect them.
In addition to decriminalizing the possession of marijuana paraphernalia, the bill fixes another flaw in last year’s bill. It establishes a maximum civil fine of $500 for those who are found to have used marijuana in a public place. In related news, another bill is making its way through the Maryland legislature. This bill would clarify the possession of small amounts of marijuana and it would establish penalties for using marijuana while driving.
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Exploring the Basics of Opening a New Cannabis Related Business
The decision to begin a new business is one that should not be undertaken lightly. There are many things to consider such as, “What should I sell?” or “Who are my customers?” and, “How should I deliver my product or service to my customers?” Now consider the additional challenges if you were operating a business in a regulated industry where a federal, state, or local government determines whether you can even operate your business? Or how much of your product you can sell? Or how the services you offer are required to be delivered. These are some of the challenges facing new companies opening in the burgeoning world of Cannabis-related business and services. Before planning your cannabusiness, you should meet with an attorney near Rockville who can help you understand the business of medical marijuana in Maryland.
Regulations
Although medical cannabis in Maryland is still in its infancy, there is already an astonishing amount of regulations for new Cannabis businesses and their patrons. Once the cultivation centers and dispensaries are operational, all Cannabis-related businesses and services must be in full compliance with existing rules, regulations, and procedures to remain operational. Naturally, a strong relationship with an attorney who is knowledgeable about Cannabis laws, regulations, practices, procedures, and trends will be vital to the long term success of the business.Legal Rights
Despite Maryland’s recent legislation permitting the cultivation and sale of medical Cannabis, it is still possible to run into legal trouble. Unlike other industries, if you are not in compliance with local, state, or federal law, you might be engaging in criminal conduct. As there is so much at stake when beginning a Cannabis business or service, including money, time, and lost opportunity, this is not the time to learn the industry. Rather, this is the time when experienced counsel with experience in all aspects of the Cannabis business will be helpful to guide your decisions and support your business as it grows.Finances
New and prospective business owners operating a Cannabis-related business or service are not immune to the need for capital. Once you or your business receive a license to operate a business in the Cannabis industry, the need for capital will increase as your customer base increases. This need for capital may include a desire for a new location, a need for additional expertise, to hire employees, or to expand facilities. However, unlike most other businesses, you also face the daunting task of paying “sin-taxes” levied by the State, finding a bank that will accept your money, as well as writing off ordinary business expenses due to the federal prohibition on such practice under IRS Code Section 280E. -
What are the Next Steps in Regulating Marijuana in Maryland?
Maryland took a huge step forward with the passing of the medical marijuana program, but there’s still a long way to go towards marijuana legalization. The stage has been set, and now the framework needs to be built to support a marijuana industry in Maryland. For example, the state needs to determine where to grow marijuana and the criteria for applicants. Watch this video from ABC 2 News to learn more about the next steps in regulating marijuana in MD.
If you are getting into the medical marijuana field, work with a marijuana lawyer in Rockville to ensure compliance with Maryland’s medical cannabis laws. An experienced lawyer can keep you up-to-date regarding national guidelines and statewide laws to keep your legal marijuana dispensary open and out of legal trouble.
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What are the Requirements for Receiving Medical Marijuana in Maryland?
Maryland’s medical marijuana laws changed in 2014 when Governor Martin O’Malley signed House Bill 881 into law. Under the new laws, licensed cannabis dispensaries can provide qualifying patients with medical marijuana as an alternative treatment without concern about fines or other legal consequences. A medical marijuana lawyer in Rockville can help you set up a legal dispensary and sell cannabis to qualifying patients. The requirements for receiving medical marijuana in Maryland include:
Maryland Residency
Only Maryland residents are eligible to purchase medical marijuana from licensed dispensaries in the state. In addition to presenting a valid medical marijuana card, patients must also provide proof of Maryland residency. Acceptable proofs of residency include a driver’s license or other state-issued identification card, a passport, a utility bill, or a bank statement.Qualifying Condition
Maryland marijuana patients must possess a documented condition that has been clearly outlined by the Medical Marijuana Commission and Department of Health & Mental Hygiene’s list of qualifying conditions. Qualifying conditions include cancer, glaucoma, multiple sclerosis, HIV/AIDS, Hepatitis C, Crohn’s disease, Alzheimer’s disease, severe nausea, chronic pain, and epilepsy.Application for Marijuana Card
An individual will need to submit an official application for a medical marijuana card to Maryland’s medical marijuana program. Legitimate medical records and written certification from a doctor must accompany the application as proof of a qualifying condition. Medical marijuana cards are issued by the Medical Marijuana Commission and Department of Health & Mental Hygiene after the application it approved and processed.If you need help complying with Maryland’s complex marijuana regulations, contact a law firm in Rockville that specializes in providing counsel on medical cannabis in the state. A criminal law attorney can also help you in the event that you unknowingly sell cannabis to anyone with an invalid marijuana card.