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Law Maryland MMJ

Maryland legalized recreational marijuana. Here’s what you should know.


Maryland voted to legalize recreational marijuana use Tuesday night, according to an Associated Press projection, adding it to a growing wave of states and territories that have done so since 2012.
Under the initiative, listed as Question 4 on the ballot, adults 21 and older will be allowed to possess, smoke and grow marijuana. But there’s some fine print to be aware of regarding how much is allowed and when Marylanders can legally smoke.

Here’s what you need to know about recreational marijuana legalization in Maryland.

What to know​

When will pot become legal in Maryland?​

July 1, 2023. Starting that day, the ballot initiative will legalize personal possession of up to 1.5 ounces of marijuana for adults 21 and older.

Possession of more than 1.5 ounces but less than 2.5 ounces will thereafter be punishable by a civil fine of up to $250. Possession of more than 2.5 ounces will be punishable by up to six months in jail or a fine of up to $1,000.

Can I smoke legally now?​

For most people, not quite yet. But the state’s medical marijuana program remains open for Marylanders with medical marijuana cards.

Otherwise, until July, marijuana remains illegal but decriminalized in Maryland. Currently, possession of up to 10 grams of marijuana carries a $100 civil fine. Decriminalization will be expanded up to 1.5 ounces from Jan. 1 to June 30 of next year.

Can you grow weed at home?​

Yes. The initiative will allow adults to grow up to two cannabis plants in their home, out of the public view, starting July 1.

Where will you be able to buy cannabis?​

Recreational sales will not be immediately available in Maryland. When lawmakers voted to put legalization on the ballot earlier this year, they also passed a companion bill outlining some next steps in the regulation process — such as timing, and what amounts of marijuana would be legal to possess — that would go into effect if voters passed the referendum.

However, lawmakers have not yet established a framework for retail sales to begin. That will probably be a discussion during the next General Assembly session in January.

Will selling pot be legal?​

No. Selling marijuana without the proper licensing will remain illegal under the new law, classified as a misdemeanor and punishable by up to three years or a fine of up to $5,000.

Can you smoke in public after legalization?​

No. Smoking marijuana in public will be punishable by up to $250.

Will past marijuana possession charges be expunged?​

Yes. The companion bill passed in the spring included a provision to automatically expunge all cases in which possession of cannabis was the only charge. The provision also allows individuals incarcerated for cannabis possession to petition for resentencing.

Is marijuana use legal in Virginia and D.C.?​

Yes. In 2014, D.C. voters passed Initiative 71, a referendum that legalized the possession of up to two ounces of marijuana for recreational use for adults 21 and older. But Congress has regulatory oversight of the District’s laws, and in 2015 it stymied plans to set up a regulated retail market, leaving pot illegal to buy or sell. Some D.C. shops, exploiting a legal loophole, allow customers to buy an item such as a lighter or mask and receive a free “gift” of marijuana with their purchase.

In Washington, D.C., people can legally smoke marijuana but they cannot buy or sell the plant. Here's why. (Video: Amber Ferguson/The Washington Post)
Last year, the Virginia legislature legalized possession of up to an ounce of marijuana and cultivation of up to four plants for adults 21 and older. Like D.C., Virginia has yet to establish a framework for a legal market, leaving it illegal to buy or sell cannabis. But unlike D.C., there is no loophole for legal gifting shops to operate.
 
The part that is not described below is that the "very interesting people" we elect to go to Annapolis (yep, I live in this state...no further comment) will most likely take years to put in place a regulatory structure that will allow legal cannabis sales. FFS, took them 5 years to open Med after the law passed...5 fucking years.

Got to love government, right?


Maryland Voter-Approved legalization measure takes shape in New Year


A huge majority of Maryland voters passed the proposal in November.​

Maryland might still be years away from the launch of its new legal marijuana market, but the start of the new year has still marked the beginning of the post-prohibition era mid-Atlantic state.

A large majority of Maryland voters approved a ballot initiative in November that will both legalize recreational pot use for adults in the state and also establish a regulated retail cannabis market.

Per local news station WJLA, although “recreational marijuana won’t be fully legal until July 1, as of now possession of up to 1.5 ounces is no longer a crime”; instead, according to the station, “It’s a civil violation carrying a $100 fine.”

“For amounts up to 2.5 ounces the fine is $250,” the station reported.

But the new law will yield immediate changes on the criminal justice front.

According to WJLA, Marylanders with a cannabis-related conviction on their criminal record on will have it automatically be expunged by July 1, 2024, but they do not have to wait that long.

“You can go to the Maryland Courts website and apply for an expungement without any help from an attorney. They even have instructional videos,” the station said.

WJLA continued: “There is also very good news for those currently locked up for cannabis-related crimes. As long as that is the only crime for which they’re serving a sentence, they can immediately ask for resentencing and a judge must resentence to time served and they must be released.”

Sixty-seven percent of Maryland voters approved Question 4 in November, making the state the latest to end the prohibition on cannabis use.

The “Yes on 4” campaign was bankrolled by Trulieve, a major cannabis company with a significant presence in Maryland’s existing medical cannabis market.

The campaign also deployed former Baltimore Ravens player Eugene Monroe as its chairman.

“Tonight voters in Maryland made history by bringing the era of failed marijuana prohibition to an end,” Monroe said in a statement following its passage in November, as quoted by the Associated Press. “For decades, the unequally enforced criminalization of cannabis in Maryland inflicted damage upon Black and Brown communities. We must turn the page on that disturbing history by centering Maryland’s legal marijuana market around racial equity. Cannabis legalization will create good-paying jobs, open up doors for small business owners, and generate new tax revenue for our state. Legislators in Maryland have a responsibility to ensure people in historically underserved communities are able to enjoy those benefits.”

The success of Question 4 was foreshadowed by a series of encouraging polls for the campaign.

One that was released in early October by the University of Maryland and The Washington Post found more than 70% of voters in favor of cannabis legalization.

“The thing that stood out to me is the high level of support and the diversity of support. Whether you look across party, region, almost every characteristic, you see majorities supporting this,” said Michael Hanmer, the director of the University of Maryland’s Center for Democracy and Civic Engagement, as quoted by The Washington Post. “That’s been the trend across the country. People have really shifted their views across time on this issue, all pointing in the direction of being more supportive.”

The “Yes on 4” campaign has been optimistic about the new law’s potential economic benefits for the state, projecting that legalization could “provide the state with over $135 million in tax revenue.”

“That figure does not include city and county revenue or the savings from the millions of dollars Maryland spends each year enforcing marijuana possession laws. Passing Maryland Question 4 would empower local law enforcement to focus its limited resources on combating violent crimes. Of the ten counties in the United States with the highest rates of marijuana possession arrests, Maryland is home to three of them,” the campaign said on its websit
 

Maryland Lawmakers Discuss Bill To Protect Gun Rights For Medical Marijuana Patients In Committee


Maryland lawmakers on Wednesday held a hearing on a bill to protect gun rights for medical marijuana patients in the state.

The House Judiciary Committee took up the legislation from Del. Robin Grammer (R) and four other GOP cosponsors days after a federal court declared that the federal banprohibiting cannabis consumers from possessing firearms is unconstitutional.

That ruling is expected to be appealed, so it remains to be seen whether the federal ban will ultimately be rescinded. But in the interim, Maryland legislators are seeking to provide some additional level of protection at the state level.

“A person may not be denied the right to purchase, possess or carry a firearm under this title solely on the basis that the person is authorized to use medical cannabis” under state statute, the bill text says.

Grammer said at Wednesday’s hearing that the existing policy “puts average Marylanders in a bind,” and he said the legislation would resolve a disconnect where state law permits medical cannabis cardholders to carry firearms but blocks them from purchasing them.



“You can actually still obtain a permit to carry but you just can’t purchase a firearm,” the sponsor said. “If you have the [medical cannabis] card, you lose your rights. It’s not about the purchase or possession or use of cannabis—your status as a qualifying patient is what dooms you.”

He also referenced a memo from a former state attorney general, who he said suggested that one way “to clarify the issue was to reconcile the public safety article with the health general article section 13.3313, and that’s what this bill does.”

Grammer filed a more expansive version of the legislation last month that included several additional layers of protections, including preventing state agencies from inquiring about patient status and requiring firearm purchase forms to include language stipulating that lawful use of medical cannabis is not disqualifying.

That measure was originally scheduled for a hearing in the Judiciary Committee last week, but it was pulled and apparently replaced with the more narrowly tailored version.

Because the legislation is specifically focused on resolving the gun rights issue related to patient registration, that likely explains why it only covers medical cannabis patients, rather than take a more holistic approach to include adult-use consumers since Maryland legalized possession at the ballot last year and lawmakers recently introduced complementary legislation to regulate cannabis commerce.

The marijuana and gun rights issue has been addressed in several states, as well as federal courts and Congress.

The U.S. District Court for the Western District of Oklahoma deemed the federal ban unconstitutional last week, with the decision largely based on an interpretation of a recent U.S. Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights.

This decision comes as the ban continues to be challenged in a separate federal court in a lawsuit that was raised by former Florida Agriculture Commissioner Nikki Fried (D) and several medical cannabis patients.

Advocates have argued that the fight to end the federal ban for cannabis consumers isn’t not about expanding gun rights, per se. Rather, it’s a matter of constitutionality and public safety.

In 2020, ATF issued an advisory specifically targeting Michigan that requires gun sellers to conduct federal background checks on all unlicensed gun buyers because it said the state’s cannabis laws had enabled “habitual marijuana users” and other disqualified individuals to obtain firearms illegally.

Delaware’s Democratic governor vetoed a bill late last year meant to clarify that medical marijuana patients are not prohibited from buying, possessing or transferring firearms under state law.
 

Maryland Lawmakers Discuss Bill To Protect Gun Rights For Medical Marijuana Patients In Committee


Maryland lawmakers on Wednesday held a hearing on a bill to protect gun rights for medical marijuana patients in the state.

The House Judiciary Committee took up the legislation from Del. Robin Grammer (R) and four other GOP cosponsors days after a federal court declared that the federal banprohibiting cannabis consumers from possessing firearms is unconstitutional.

That ruling is expected to be appealed, so it remains to be seen whether the federal ban will ultimately be rescinded. But in the interim, Maryland legislators are seeking to provide some additional level of protection at the state level.

“A person may not be denied the right to purchase, possess or carry a firearm under this title solely on the basis that the person is authorized to use medical cannabis” under state statute, the bill text says.

Grammer said at Wednesday’s hearing that the existing policy “puts average Marylanders in a bind,” and he said the legislation would resolve a disconnect where state law permits medical cannabis cardholders to carry firearms but blocks them from purchasing them.



“You can actually still obtain a permit to carry but you just can’t purchase a firearm,” the sponsor said. “If you have the [medical cannabis] card, you lose your rights. It’s not about the purchase or possession or use of cannabis—your status as a qualifying patient is what dooms you.”

He also referenced a memo from a former state attorney general, who he said suggested that one way “to clarify the issue was to reconcile the public safety article with the health general article section 13.3313, and that’s what this bill does.”

Grammer filed a more expansive version of the legislation last month that included several additional layers of protections, including preventing state agencies from inquiring about patient status and requiring firearm purchase forms to include language stipulating that lawful use of medical cannabis is not disqualifying.

That measure was originally scheduled for a hearing in the Judiciary Committee last week, but it was pulled and apparently replaced with the more narrowly tailored version.

Because the legislation is specifically focused on resolving the gun rights issue related to patient registration, that likely explains why it only covers medical cannabis patients, rather than take a more holistic approach to include adult-use consumers since Maryland legalized possession at the ballot last year and lawmakers recently introduced complementary legislation to regulate cannabis commerce.

The marijuana and gun rights issue has been addressed in several states, as well as federal courts and Congress.

The U.S. District Court for the Western District of Oklahoma deemed the federal ban unconstitutional last week, with the decision largely based on an interpretation of a recent U.S. Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights.

This decision comes as the ban continues to be challenged in a separate federal court in a lawsuit that was raised by former Florida Agriculture Commissioner Nikki Fried (D) and several medical cannabis patients.

Advocates have argued that the fight to end the federal ban for cannabis consumers isn’t not about expanding gun rights, per se. Rather, it’s a matter of constitutionality and public safety.

In 2020, ATF issued an advisory specifically targeting Michigan that requires gun sellers to conduct federal background checks on all unlicensed gun buyers because it said the state’s cannabis laws had enabled “habitual marijuana users” and other disqualified individuals to obtain firearms illegally.

Delaware’s Democratic governor vetoed a bill late last year meant to clarify that medical marijuana patients are not prohibited from buying, possessing or transferring firearms under state law.

Yes, but two points to keep in mind. One, discussing something in committee in Maryland is still years away from passing anything. Our legislature is famous for getting nothing done fast.

And, the restriction on gun ownership by cannabis consumers is a Fed requirement and its a Fed form that asks and one must either perjure oneself or not get a NICS clearance from the Feds (FBI runs NICS).

I personally view an individual right enshrined in the Bill of Rights as part of the Constitution as clearly trumping Fed bureaucracies (DEA and ATF...elected by no one) made up rules.

We will see how this plays out. Over turning this idiocy is way over due.
 
"There would also be an Office of Social Equity to promote industry participation and provide technical assistance for people who’ve been disproportionately impacted by criminalization."

Of course there will be....this is Maryland.

And, Maryland took 5 years after passing the legislation to establish the medical cannabis program due to incredible stupidity and basic government fucking ups. I'm confident that they can continue this abysmal level of performance for rec cannabis.


Maryland Lawmakers Take Up Marijuana Sales And Regulations Bill In Committee


Maryland lawmakers took another step toward establishing a regulated, adult-use marijuana market on Friday, holding a hearing on a reform proposal months after voters approved legalization at the ballot last year.

The House Economic Matters Committee discussed the legislation from Dels. C. T. Wilson (D) and Vanessa Atterbeary (D), taking testimony from dozens of people as members raised questions about various provisions.

The measure is meant to get the state prepared to regulate cannabis commerce as the state law legalizing possession of up to 1.5 ounces of marijuana for adults takes effect on July 1.

Wilson, who chairs the committee, said in his opening remarks that he’s “not here to create a cash cow for the state or produce a marketplace for intoxicants.”

Rather, he said that lawmakers are trying to “regulate this so we can have a safe usage and basically get rid of the black market through proper oversight” and “keep Marylanders safe if they choose to partake in the substance.”


Here’s what HB 556 would accomplish:

Cannabis would be taxed at six percent for the first fiscal year starting this summer. It would increase by one percent each year until 2028, maxing out at 10 percent.

Thirty percent of marijuana tax revenue would go toward a community reinvestment fund for at least the next 10 years. The bill further calls for 1.5 percent of revenue to go to localities and another 1.5 percent each for a Cannabis Public Health Fund and the Cannabis Business Assistance Fund.

The Marijuana Alcohol and Tobacco Commission would be renamed as the Maryland Alcohol, Tobacco and Cannabis Commission, which would be responsible for regulating the program.

Under the commission, there would be a Division of Cannabis Regulation and Enforcement that would be tasked with reviewing and issuing marijuana business licenses.

The bill proposes to cap the total number of license types: 75 standard growers, 100 micro-cultivators, 100 processors, 300 retailers, 200 delivery services, 10 incubator spaces and 50 on-site consumption facilities.

The first marijuana licenses would need to be issued by January 1, 2024.

A 15-member advisory committee would be created to advise and make recommendations to the division.

There would also be an Office of Social Equity to promote industry participation and provide technical assistance for people who’ve been disproportionately impacted by criminalization.

That office would additionally be charged with working with the state comptroller and the Maryland Department of Commerce to determine how best to distribute marijuana tax dollars for the community reinvestment fund.

Existing medical cannabis dispensaries would be converted into dual licensees at the same time that legalization takes effect on July 1 if they’ve paid a fee. Regulators would need to start approving additional marijuana business licenses by July 1, 2024.

Social equity applicants would need to have 65 percent ownership by people who have lived in disproportionately impacted areas for at least five of the past 10 years, attended public school in such an area for at least five years or meet other criterial based on a disparity study.

A Capital Access Program would be created to promote industry opportunities for social equity applicants and provide low-interest loans.

$5 million would be appropriated annually for grants to existing medical cannabis dispensaries that form “meaningful partnerships” with social equity applicants that involves mentorship, training and/or shared business space.

Localities could not impose additional taxes, nor could they prohibit existing medical cannabis businesses that convert to dual licenses from operating in their area.

Medical cannabis patients would be able to grow up to four plants for personal use, rather than two under the current law. They would not have to pay taxes on medical marijuana products.

Members of the House Ways & Means Committee also sat in on the Friday hearing.

Because the bill is considered emergency legislation that would take effect immediately, it must be approved with three-fifths of the vote in both chambers to be enacted.

Senate President Bill Ferguson (D) said last month that he believes the legislation “has the possibility of being a national model.” The companion version of the measure in his chamber is being sponsored by Sens. Brian Feldman (D) and Antonio Hayes (D).

“It’s a complex topic. There’s a lot of different pieces. No state has gotten it right,” Ferguson said. “And so what I do believe we’ve done effectively here is put us on the best path possible.”

A spokesperson for Gov. Wes Moore (D) told The Baltimore Banner last month that the governor considers the proposal “a well-crafted piece of legislation and is looking forward to future collaboration with the legislature.”

The bill is partly a product of extensive work from bipartisan and bicameral lawmakers who were part of House Cannabis Referendum and Legalization Workgroup, which was formed in 2021 by Speaker Adrienne Jones (D).

Members have held numerous meetings to inform future regulations following Maryland voters’ approval of a legalization referendum during last year’s election, which triggered the implementation of complementary legislation covering rules for basic policies like possession and low-level home cultivation.
 

Maryland​

UPDATE: HB 1071 was passed by the House by a vote of 98 to 34. It is now scheduled for a hearing in the Senate Judicial Proceedings Committee.

House Bill 1071 prohibits the odor of cannabis, the suspicion of the possession of cannabis, and the presence of money near cannabis, from being considered probable cause for police to search a person’s vehicle.

Update: HB 980 passed the House Judiciary Committee with amendments. It is now scheduled for a hearing in the Senate Judicial Proceedings Committee.

House Bill 980 prohibits defendants in the pretrial, probation, and parole processes from having their release revoked solely because of their use of cannabis.

Senate Bill 653 protects parents who legally use cannabis from prosecution for child neglect f. The bill codifies into law that “neglect does not include the use of cannabis by a parent or individual who has permanent or temporary care or custody or responsibility supervision of a child.”
 
They have another couple of weeks before the session ends to reconcile and I believe it will get done.

Maryland Senate Passes Marijuana Sales Bill, With Lawmakers Now Set To Reconcile Differences From House Version


The Maryland Senate passed a bill to regulate marijuana sales on Friday as the state prepares for the launch of legalization on July 1.

Bicameral lawmakers will now work to resolve the measure’s differences with a separate version of the legislation that was approved by the House of Delegates earlier this month.

The Senate bill from Sens. Brian Feldman (D) and Antonio Hayes (D) passed on third reading on Friday in a vote of 32-12, an action that comes one day after the measure was given initial approval on the floor and days after it cleared a committee stop.

The House and Senate bills were identical when introduced, but they have both now been amended in different ways that will need to be reconciled by a conference committee made up of members of each chamber.

During the second reading consideration on Thursday, senators accepted a large-scale committee amendment that largely aligns the legislation with the House version in many respects. That includes approving numerous technical revisions, changing polices on the structure of the advisory commission and amending definitions related to delta-8 THC that could impact the state’s existing hemp industry. The definition of a social equity applicant was also changed to mirror the House legislation.

The body adopted several revisions that differ from the House bill, however, for example setting the sales tax on cannabis at a consist nine percent rate, creating a new independent agency to regulate marijuana, requiring a process for verifying ID for cannabis consumers at retailers and prohibiting on-site consumption of combustable products.

Senate President Bill Ferguson (D) said last week that there were a number of issues that lawmakers needed to address before advancing the measure, including input from existing hemp businesses who’ve expressed concern about possible ramifications of the measure as introduced.

The top senator said that “a lot of legislators are struggling with it right now,” describing it as a “tough issue” that will be addressed as the bill moves.

Prior to the House vote on its version of the regulations bill this month, the Senate president said that he expects that bicameral lawmakers will work to “resolve” differences between the two versions, “potentially” in a conference committee, “sooner than later.”

“We want to get this moving. There’s a lot of pieces to this,” he said. “And I think, you know, there’s no such thing as perfect in legislation. It’s doing the best you can to mitigate any of the potential unintended consequences that we can imagine today.”

Here’s what the SB 516 as amended would accomplish:

Cannabis would be taxed at nine percent. Medical marijuana patients would be exempt from the tax.

Thirty percent of marijuana tax revenue would go toward a community reinvestment fund for at least the next 10 years. The bill further calls for 1.5 percent of revenue to go to localities, 1.5 percent to counties and 1.5 percent each for a Cannabis Public Health Fund and the Cannabis Business Assistance Fund.

A new Maryland Cannabis Administration would be responsible for regulating the program.

Existing medical cannabis dispensaries would be converted into dual licensees at the same time that legalization takes effect on July 1 if they’ve paid a fee. Regulators would need to start approving additional marijuana business licenses by July 1, 2024.


Social equity applicants would need to have 65 percent ownership by people who have lived in disproportionately impacted areas for at least five of the past 10 years, attended public school in such an area for at least five years or meet other criterial based on a disparity study.

A Capital Access Program would be created under the state Department of Commerce to promote industry opportunities for social equity applicants and provide low-interest loans.

The bill stipulates that $5 million would be appropriated annually for grants to existing medical cannabis dispensaries that form “meaningful partnerships” with social equity applicants that involves mentorship, training and/or shared business space.

Localities could not impose additional taxes, nor could they prohibit existing medical cannabis businesses that convert to dual licenses from operating in their area.

Medical cannabis patients would be able to grow up to four plants for personal use, rather than two under the current law. They would not have to pay taxes on medical marijuana products.
 
There are some aspects of this program that I object to strenuously, but I will hold my pen and tongue in the interest of comity.

Maryland lawmakers settle final details for recreational cannabis sales starting this summer


Riding the legislative momentum of a voter-driven mandate, the 2023 Maryland General Assembly arrived Saturday at a policy destination the state has been inching toward for years — establishing rules for recreational cannabis sales.
Should Gov. Wes Moore sign the bill into law, which he is likely to do, Marylanders 21 and older will be able to buy recreational cannabis on July 1.

Voters passed a ballot referendum in November that legalized cannabis in the state’s constitution. And elected officials dutifully carried out their orders, placing the landmark reforms at the top of their legislative list even before the session’s opening day.
The sweeping legislation settled a host of commerce-related decisions — including the number and types of cannabis business licenses and the amount of sales tax businesses must charge — and built a framework for government oversight.
Overall, lawmakers in both chambers aligned to accomplish two main goals — to hit the July 1 deadline to thwart illegal sales and to infuse tax revenues and economic opportunity back into communities disproportionately harmed by cannabis prohibition and prosecutions. Each intention has been woven throughout the 100-page bill.

The bill’s Senate cosponsor, Sen. Brian Feldman, said the legislature achieved many of the overarching goals in preparation for launch. But he expects revisions in future sessions as lawmakers review their design.
“The goal here was never to come up with the perfect product that will never be changed,” the Montgomery County Democrat said. “I think we’re gonna make adjustments to this program on this legal framework every session over the next several years.”
Behind the scenes at Curio Wellness

Behind the scenes at Curio Wellness (Kaitlin Newman/The Baltimore Banner)
The first six months of the new market will ride on the well-established medical cannabis industry. And the bill establishes a state agency to oversee regulations for both medical and recreational products, the Maryland Cannabis Administration. The previous oversight agency, including its executive director, Will Tilburg, will meld into the new agency.

Maryland has around 100 medical cannabis dispensaries throughout the state that must convert their licenses before they can sell to recreational consumers. However, the law will require dispensaries to keep ample supply on hand for medical consumers and offer either dedicated hours or express lanes to ease their shopping experience.
To convert their licenses, medical dispensaries will owe the state 8% of 2022 gross revenues with a minimum fee of $100,000 and a maximum fee of $2 million. Medical growers and processors will pay the one-time conversion fee of 10% of their 2022 gross revenues with the same upper and lower limits. They have 18 months to pay off the fee.
The bill also dictates where new dispensaries can set up, at least 500 feet from a primary or secondary school, playground, library or public park, and 1,000 feet from another dispensary.

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Taxes and revenues​

Unlike the medical products that have been sold since 2017, recreational cannabis will be taxed at the register. And after some debate, the chambers settled on a 9% rate, which is one of the lowest in the country.
The bill’s drafters never intended for the industry to fill state coffers but rather undergird state regulation that safely steers consumers away from an illicit market.
Once the operating costs of government oversight are covered, the state distributes what’s left, including 35% to a Community Reinvestment and Repair fund intended to go back to communities harmed by cannabis prohibition.
Local governments are not allowed to add their own tax. However, they will get a sliver of the proceeds collected in their counties, with a requirement to share an even smaller slice with municipalities.
Michael Sanderson, the executive director of the Maryland Association of Counties, has expressed concerns that the cut won’t be enough to cover the costs of local jurisdictions tasked with implementing pieces of the omnibus legislation.
Maryland “made a peculiar, one-of-a-kind decision to retain most of the net revenue for state government purposes, rather than most states that sent a large share to local governments for their education, infrastructure, and quality of life services,” Sanderson wrote in an email. “It’s unfortunate, I think.”

Social equity​

Each provision — like licensing, taxation and even the very structure of the government body tasked with regulating the state’s newest industry — has been weighted with economic opportunity and revenues for communities harmed by cannabis prohibition.
Although studies have revealed that Black and white populations use cannabis at the same rates, African Americans have disproportionately been arrested and incarcerated for marijuana possession, according to an independent racial equity analysis.
Cosponsor Del. C.T. Wilson said he spent the better part of a year sharpening Maryland’s cannabis legislation to cut through the economic disparities created by the failed war on drugs and illicit cannabis sales. And lawmakers had to write the bill without using the word “race” to keep the law constitutionally sound.
“We set it up in a very race-neutral fashion as required by the courts,” Wilson said in early March after his chamber passed the bill. “But we did so being very mindful of those communities that were not only disenfranchised, but utterly destroyed by drugs and the war on drugs.”
The state will field license applications in two rounds, issuing the first round beginning on Jan. 1, 2024. The first round will be be reserved for “social equity” applicants, or those who have lived for five of the last 10 years or have gone to school in neighborhoods with a disproportionate number of marijuana arrests based on court data.
Eligible applicants could also have attended a college where at least 40% of students would have been eligible for a Pell Grant, a federal financial aid program for low-income students.
The bill sets up a social equity office, independent from the Maryland Cannabis Administration, which will act as a small business consultant for licensees, providing free technical support and promoting participation in the cannabis industry in disproportionately harmed communities.
The state has also set aside $80 million toward funding for social equity businesses and has created loan default provisions to cushion banks that invest in social equity entrepreneurs.
Scenes at the Herbiculture cannabis dispensary

Scenes at the Herbiculture cannabis dispensary (Kaitlin Newman/The Baltimore Banner)

License types​

All told, there’s a few different types of licenses and a set number for each that will be up for grabs.
“Standard” licenses are for larger businesses that can grow, process and sell larger quantities of cannabis and for brick-and-mortar dispensaries.
“Micro” licenses are for smaller businesses that will likely require less capital to start, which will create a lower barrier to entry for people with less capital.
The state will issue 75 standard grower licenses, 100 processor licenses — businesses that convert cannabis into edibles or other products — and 300 brick-and-mortar dispensary licenses. There will be 100 micro grower and micro processor licenses each.
And the state created a few other license types that also create a lower financial barrier to entrepreneurship. For example, a micro dispensary license — essentially a delivery service — will allow the license holder to sell cannabis without a store front. But since this is uncharted territory, the state will start off slow, with a 10-license pilot program.
Another relatively low-cost start-up businesses is an on-site consumption establishment. The holder of such a license can run a business where people can consume, but not smoke, cannabis products.

Deal done, but still a work in progress​

Before the final vote in the House chamber, Wilson, the House cosponsor, urged the overwhelmingly Democratic body to vote green.
Wilson urged Republicans doubting the bill’s designs to also lend support while leaving open the possibility for future conversations. Wilson and his Democratic colleagues handily defeated Republican efforts to amend the legislation by placing more restrictions on where dispensaries can be located and introducing criminal justice provisions into a bill sponsors wanted solely focused on commerce.
“This is not the perfect vehicle, but it’s best we can do with the information that we’ve had,” Wilson said.
Wilson emphasized to the House of Delegates how much thought has gone into the bill — in creating access and equity, in trying to learn from best practices from other states. But such a massive piece of legislation that touches so many areas of civic life will certainly need more work in future years, he admitted.
“And you’re right we will probably be back next year,” he said. “But don’t make perfect be the enemy of the good.”
The House of Delegates passed the bill 104-35.
 

Maryland Lawmakers Pass Bill Blocking Police Searches Based On Marijuana Odor, Sending It To Governor


As Maryland’s governor prepares to sign a marijuana sales bill that passed the legislature over the weekend, lawmakers have approved a separate measure to prevent police from using the odor or possession of cannabis alone as the basis of a search.

The legislation from Del. Charlotte Crutchfield (D), which passed the House with amendments last month, cleared the Senate in a 27-20 vote on Monday with one additional revision. It then went back to the House, which concurred with the change and passed it in a 101-36 vote, with just minutes left in the legislative session.

It states that a law enforcement official “may not initiate a stop or a search of a person, a motor vehicle, or a vessel” based only on the smell of burnt or unburnt cannabis, the possession of a personal use amount of marijuana or the presence of money near marijuana without additional evidence of intent to distribute.

Further, the bill says police cannot search certain parts of a motor vehicle for marijuana during investigations into suspected impaired driving, including parts of the car that aren’t accessible to the driver or any areas that aren’t “reasonably likely to contain evidence relevant to the condition of the driver or operator.”

The measure also proposes to lower the fine for public cannabis consumption from $250 to $50.

The Senate amendment that was adopted on the floor and concurred with by the House would additionally clarify that evidence obtained in violation of the law, including evidence collected with consent, would not be admissible in court.

The final vote in the House was contentious, with certain Republican delegates accused of attempting to run out the clock to prevent the chamber from advancing the legislation before a midnight deadline. But the House speaker pushed it through.

Now the bill, along with a broader cannabis commerce measure, have been sent to Gov. Wes Moore (D). The governor’s office told Marijuana Moment on Monday that he intends to sign the marijuana sales legislation.

The developments are timely, as a voter-approved cannabis legalization referendum is set to take effect at the beginning of July. Now officials will work to prepare for the regulatory implementation.

The sales bill is partly a product of extensive work from bipartisan and bicameral lawmakers who were part of House Cannabis Referendum and Legalization Workgroup, which was formed in 2021 by Speaker Adrienne Jones (D).

Members have held numerous meetings to inform regulations following Maryland voters’ approval of the legalization referendum during last year’s election, which triggered the implementation of complementary legislation covering rules for basic policies like possession and low-level home cultivation.

In addition to legalizing the purchase and possession of up to 1.5 ounces of cannabis for adults starting this summer, the legislation will also remove criminal penalties for possession of up to 2.5 ounces. Adults 21 and older will be allowed to grow up to two plants for personal use and gift cannabis without remuneration.

Past convictions for conduct made legal under the proposed law will be automatically expunged, and people currently serving time for such offenses will be eligible for resentencing. The legislation makes it so people with convictions for possession with intent to distribute can petition the courts for expungement three years after serving out their time.
Parts of the referendum took effect at the beginning of the year. Possession of up to 1.5 ounces of cannabis became a civil offense, punishable by a $100 fine, with a $250 fine in place for more than 1.5 ounces and up to 2.5 ounces.

Adult-use legalization began to advance through Maryland’s legislature in the 2021 session, but no votes were ultimately held. The Senate Finance Committee held a hearing that year on a legalization bill, which followed a House Judiciary Committee hearing on a separate cannabis proposal.

Maryland legalized medical cannabis through an act of the legislature in 2012. Two years later, a decriminalization law took effect that replaced criminal penalties for possession of less than 10 grams of marijuana with a civil fine of $100 to $500.
 
Edited - fuck it....my ranting about it won't make any difference. Cheers

Maryland Governor Signs Marijuana Regulation Bill Into Law, With Sales Set To Begin July 1



Maryland’s governor has signed a bill to regulate marijuana sales, setting the stage for statewide legalization.
House and Senate lawmakers reached an agreement on the cannabis legislation last month, sending it to the desk of Gov. Wes Moore (D), who signed it into law on Wednesday.


The governor said at a signing ceremony that the law will “ensure that the rollout of recreational cannabis in our state drives opportunity in an equitable way.”
“The criminalization of marijuana harmed low income communities and communities of color in a profound way,” he said. “We want to make sure that the legalization of marijuana lifts those communities now in a profound way.”

Legislators have worked quickly to get the cannabis regulatory legislation in place before the state’s voter-approved legalization law takes effect in July.
House and Senate bills as introduced earlier this session were identical, but they were amended in certain different ways throughout the committee process as they advanced. Last month, key committees took up the opposite chamber’s measure and approved reprints to align the text. After floor debates and votes on either side of the Capitol, the legislation received final passage.

Some of the most significant differences that were ironed out concern the tax rate for marijuana products and the regulatory body that will be responsible for overseeing the market, both of which were resolved in favor of Senate-passed provisions, but there were also other more modest compromises that got the legislation into final shape.

Here’s an overview of the Maryland marijuana regulation law, passed by lawmakers as SB 516 and HB 556:
Cannabis will be taxed at nine percent. Medical marijuana sales will be exempt from the tax.

Thirty-five percent of marijuana tax revenue will go toward a community reinvestment fund, with counties, a Cannabis Public Health Fund and a Cannabis Business Assistance Fund each getting another five percent. The five percent in revenue that goes to the counties will then be divided up, with 50 percent going to local municipalities based on marijuana sales at retailers based in those jurisdictions.

A new, independent Maryland Cannabis Administration will be responsible for regulating the program.

Existing medical cannabis dispensaries will be converted into dual licensees at the same time that legalization takes effect on July 1 if they’ve paid a fee.
Regulators will need to start approving additional marijuana business licenses by July 1, 2024.

Ultimately, there will be a licensing cap for 300 dispensaries, 100 processors and 75 growers. For smaller microbusinesses there will be a limit of 10 dispensaries, 100 processors and 100 growers.

Social equity applicants will need to have 65 percent ownership by people who have lived in disproportionately impacted areas for at least five of the past 10 years, attended public school in such an area for at least five years or meet other criterial based on a disparity study.

A Capital Access Program will be created under the state Department of Commerce to promote industry opportunities for social equity applicants and provide low-interest loans.

Starting in 2025, $5 million will be appropriated annually for grants to existing medical cannabis dispensaries that form “meaningful partnerships” with social equity applicants that involves mentorship, training and/or shared business space.

The legislation will end sales of delta-8 hemp products on the broad market, instead requiring that any intoxicating cannabis products be done through licensed marijuana businesses.

Localities cannot impose additional taxes, nor could they prohibit existing medical cannabis businesses that convert to dual licenses from operating in their area.
Medical cannabis patients will be able to grow up to four plants for personal use, rather than two under the current law. They will not have to pay taxes on medical marijuana products.

New dispensaries cannot be located within 500 feet of a school, childcare facility, playground, recreational center, library or public park. Dispensaries will have to be separated from one another by at least 1,000 feet.

The conversion fee for existing medical cannabis businesses to become dual licensees will be 10 percent of gross income from growers and processors (with a $2 million cap) and eight percent of gross revenue for dispensaries with the same cap.
Single business entities cannot own more than four dispensaries.

At least 25 percent of shelf space in dispensaries will need to be reserved for cannabis products from social equity licensees.

There will be a 10-license cap on microbusinesses, without language allowing regulators to authorize more in the future.

Smoking will not be permitted indoors at on-site consumption facilities, but people could do so on outdoor patios at licensed facilities.
Dispensaries will be permitted to repackage products.

Regulators will need to create rules for internet marijuana sales by July 2025.
 
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Below is an email from the Maryland Cannabis Administration wrt to full rec going legal on 1 Jul of this year. I highlighted a section in the body of the email to emphasize impact/protection of med program.


Maryland Cannabis Administration Proposed Emergency Regulations for Implementation of the Cannabis Reform Act and the State's Adult-Use Cannabis Program

Linthicum Heights, MD (May 25, 2023) - Today, the Maryland Cannabis Administration (MCA) posted the proposed emergency regulations for the implementation of the Cannabis Reform Act (CRA), and the State’s Adult-Use Cannabis Program on their website. The emergency regulations can be accessed at the link here.

These emergency regulations, pending approval by the Joint Committee on Administrative, Executive, and Legislative Review (AELR), will authorize the sale of cannabis and cannabis products to individuals 21 years of age or older in Maryland on July 1, 2023.

Included in these new regulations are provisions to setup an adult-use cannabis market by:

  • Allowing existing medical licensees to convert to a new license authorizing the cultivation, manufacturing, and sales of both medical and adult-use cannabis;
  • Creating a single-supply chain for all products grown or produced in the State;
  • Establishing the application and licensing process for new businesses;
  • Establishing new license categories and types;
  • Detailing procedures for the safe and secure sale and dispensing of cannabis to adult consumers; and
  • Authorizing the dispensing of certain cannabis products to consumers over the age of 21.
The emergency regulations supplement the regulations governing the medical cannabis program, and ensure continued access for patients and caregivers by:

  • Maintaining best practices for licensee security protocols, operations, safety, and product testing from the medical cannabis program;
  • Establishing special accommodations for medical patients, including:
    • Reserved patient hours for medical-only dispensing;
    • Reserved patient lanes at the licensed dispensaries; and
    • Reserved products for medical patients.
  • Maintaining the existing patient and caregiver registry and registration process;
  • Ensuring all dispensaries retain clinical directors to provide education to patients on the medical use of cannabis; and
  • Continuing the ability for medical patients to access products through delivery services.
Lastly, the emergency regulations begin to implement the critical social equity provisions that were a central focus of the Maryland General Assembly in the CRA by:

  • Implementing the Social Equity Partnership Grant Program;
  • Establishing reduced licensing and renewal fees for social equity businesses; and
  • Requiring existing businesses to distribute to, or reserve distribution space for social equity businesses.
MCA anticipates that the emergency regulations will take effect by July 1. MCA will disseminate comprehensive guidance materials on important aspects of the emergency regulations such as adult-use dispensing, advertising, packaging and labeling, and transfers of ownership. In addition, MCA will host a public webinar to answer stakeholder questions on the regulations. More information on the guidance materials and stakeholder webinar will be shared with licensed businesses and the public in the coming days. Questions may be sent to policy.mmcc@maryland.gov.
 
I hope they continue a strong supportive medical cannabis operation for patients but it didn’t happen in my state, WA.
They need to make sure patients can get a medical card and make it worth it cost wise. Don’t overcharge for services. Recreation cannabis shouldn’t take over the whole system IMO.
 
I hope they continue a strong supportive medical cannabis operation for patients but it didn’t happen in my state, WA.
They need to make sure patients can get a medical card and make it worth it cost wise. Don’t overcharge for services. Recreation cannabis shouldn’t take over the whole system IMO.
Hi Carol - I expect it to be a total greased pig wrestling contest. Lots of noise, mud, and nothing really accomplished.

They just issued guidelines last week. It opens in a month. I have asked in a few dispensaries what it will be like and I just get sort of blank stares.

The regs "say" they will need to sequester med program stock and have separate lines/hours for med patients but I expect it will be a fucking mess. Tens of thousands of customers while the state still hasn't issued new grower licenses for this rec market.

So, what you think is going to happen? I think its going to be an utter cluster fuck.

Cheers
 
"will further provide grants to Historically Black Colleges and Universities (HBCUs) for “cannabis-related programs” like business development and training initiatives."

And how is this not the definition of race based discrimination?

Maryland Opens Applications For Marijuana Business Grants As Regulators Issue New Industry Guidance


Maryland officials are now accepting applications for grants to help existing medical marijuana businesses convert into dual licensees that can serve the adult-use market when legalization takes effect next month.

Also, as regulators publish new guidance for the industry, the Department of Commerce (DOC) announced that, starting on August 1, it will additionally be taking applications for grants and loans to support market participation from social equity licensees by providing startup capital and covering operational costs.

The Cannabis Business Assistance Loan/Grant Fund (CBAF), which was established under a cannabis regulations bill that Gov. Wes Moore (D) signed last month, will further provide grants to Historically Black Colleges and Universities (HBCUs) for “cannabis-related programs” like business development and training initiatives.

“The Cannabis Business Assistance Fund will help ensure more equitable footing as our medical cannabis license holders transition to recreational marijuana use in Maryland,” Moore said in a press release. “The fund promotes equitable economic growth and will empower our small, minority, and women-owned businesses to have a greater stake in this growing industry.”

For the first round of assistance, the department said that it is accepting applications for Medical License Conversion Fee grants that will cover application costs for existing medical marijuana dispensaries, processors and growers that will need to convert to dual licensees under draft regulations that were released by the Marijuana Cannabis Administration (MCA) last week.

Eligible businesses could receive grants ranging from $25,000-$50,000, depending on the license type, in order to convert. Applications will be approved on a rolling basis through June 30. Business that qualify but already paid the fee could apply for reimbursement.

In order to qualify, the applicant must be a small business with no more than 50 employees as of May 1. And the business must also be at least 51 percent “owned by individuals whose personal net worth does not exceed $1.7 million,” DOC says.

In a second round of assistance in August, the state will then use the same fund to distribute grants for social equity businesses that received pre-approval before October 1, 2022 and that “have resources available to become operational and participate in the medical and adult-use cannabis industry.”

“Assistance in the form of startup capital and operating expenses will be available as conditional grants or loans. Applicants must be able to demonstrate that with a requested amount of funding they will become operational in a period of time to be announced,” the notice says.

A third effort under the fund will promote cannabis-related programs at HBCUs that assist businesses applying for licenses and business development organizations such as incubators. The funding “will also be available to train and assist small businesses, including minority and women business owners and entrepreneurs who are seeking to become licensed to participate in the adult-use cannabis industry.”

DOC Secretary Kevin Anderson said that the fund “is an important step in reducing barriers and offering equitable opportunities for our small, minority, and women-owned businesses in the medical cannabis industry,”

“We look forward to working with our business community and Historically Black Colleges and Universities as we continue to diversify this industry,” he said.

The draft emergency regulations that Maryland marijuana regulators released last week must still be reviewed by the Joint Committee on Administrative, Executive, and Legislative Review (AELR). The rules must also be published in the Maryland Register before they’re enacted.

The 41-page draft rule sets definitions, codifies personal possession limits, lays out responsibilities for regulators, explains licensing protocol—including for social equity applicants—clarifies enforcement authorities and penalties and outlines packaging and labeling requirements.

The regulatory bill that Moore signed last month covers more ground, including setting a nine percent tax rate on marijuana products, providing for specific allocations of tax revenue and imposing caps on different license types in the state.

Meanwhile, DOC has also identified nearly 100 zip codes that it designated as disproportionately impacted areas to inform social equity application approvals.

State cannabis regulators separately released a series of new guidance documents for the industry last week that cover rules for issues like license fees, packaging, advertising, ownership transfers, the medical cannabis program, growers, processors and dispensaries.

Regulators will host a webinar about cannabis rules on June 14.
 
This came out of our cannabis commission at 10:19 am and I was at the dispensary by a bit after noon and it was already more crowded than I have ever seen. Way to cause a stampede. And note, dispensaries can have either one hour of med patients only or a separate line for med. One hour a day (and note, that can be 8am to 9 am) ain't much and it isn't like they can process a whole day's worth of med patients in an hour. And that's got to be cheaper and easier than maintaining a separate line for med.

Yes, Virginia....they really are going to utterly fuck this up. sigh
===================

Medical Cannabis Patient Advisory: Purchase Medical Cannabis
Products Before the Start of Adult-Use Sales on July 1 to Avoid Possible Lines and Holiday Weekend Crowds


The Maryland Cannabis Administration, the successor agency to the Maryland Medical
Cannabis Commission, encourages certified medical cannabis patients and caregivers to
purchase medical cannabis products prior to July 1, or have medical cannabis delivered, to
avoid potential lines and crowds at dispensaries, which will sell both medical and adult-use
cannabis products starting on Saturday, July 1, 2023. This date falls over the July 4th holiday
weekend and dispensaries could be particularly busy. A listing of current licensed dispensaries
is available here.

Continued access to medical cannabis products for certified patients and caregivers remains a
top priority. Starting July 1, dispensaries will be required to provide exclusive patient - and
caregiver-only access for at least one hour each day or to provide a dedicated service line for
patients and caregivers during operating hours. Additionally, dispensaries are required to
reserve certain products only for medical patients, including concentrates and high-potency
edibles, capsules, tablets, and tinctures. Certified patient and caregiver cannabis purchases are
also exempt from the nine percent adult-use sales tax that will begin on July 1.

The monthly allotment for medical cannabis patients will remain unchanged and proof of valid
patient or caregiver certification will still be needed to purchase medical cannabis. MCA
recently reduced the initial patient application fee and annual renewal fees to $25.

For more information about the medical cannabis program or adult-use implementation,
including educational materials to support safe and responsible consumption in your
community
, please visit the MCA website at cannabis.maryland.gov.
 
This came out of our cannabis commission at 10:19 am and I was at the dispensary by a bit after noon and it was already more crowded than I have ever seen. Way to cause a stampede. And note, dispensaries can have either one hour of med patients only or a separate line for med. One hour a day (and note, that can be 8am to 9 am) ain't much and it isn't like they can process a whole day's worth of med patients in an hour. And that's got to be cheaper and easier than maintaining a separate line for med.

Yes, Virginia....they really are going to utterly fuck this up. sigh
===================

Medical Cannabis Patient Advisory: Purchase Medical Cannabis
Products Before the Start of Adult-Use Sales on July 1 to Avoid Possible Lines and Holiday Weekend Crowds


The Maryland Cannabis Administration, the successor agency to the Maryland Medical
Cannabis Commission, encourages certified medical cannabis patients and caregivers to
purchase medical cannabis products prior to July 1, or have medical cannabis delivered, to
avoid potential lines and crowds at dispensaries, which will sell both medical and adult-use
cannabis products starting on Saturday, July 1, 2023. This date falls over the July 4th holiday
weekend and dispensaries could be particularly busy. A listing of current licensed dispensaries
is available here.

Continued access to medical cannabis products for certified patients and caregivers remains a
top priority. Starting July 1, dispensaries will be required to provide exclusive patient - and
caregiver-only access for at least one hour each day or to provide a dedicated service line for
patients and caregivers during operating hours. Additionally, dispensaries are required to
reserve certain products only for medical patients, including concentrates and high-potency
edibles, capsules, tablets, and tinctures. Certified patient and caregiver cannabis purchases are
also exempt from the nine percent adult-use sales tax that will begin on July 1.

The monthly allotment for medical cannabis patients will remain unchanged and proof of valid
patient or caregiver certification will still be needed to purchase medical cannabis. MCA
recently reduced the initial patient application fee and annual renewal fees to $25.

For more information about the medical cannabis program or adult-use implementation,
including educational materials to support safe and responsible consumption in your
community
, please visit the MCA website at cannabis.maryland.gov.
Just my opinion, but if I had my way we would have stayed medical only. First of all the quality level went down, availability became an issue, and the pricing was much better. Some of the dispensaries have dedicated lines for medical (not many) . Most have medical and online order lines combined . Some did medical only for 2 hours when opening , but that soon stopped . It's all about the money now . Every fucking flower is itemized :thinker: , and no more random big buds in your purchase. They put those in a glass jar and charge you $$$$. When it was medical only you could actually ask to smell your strain before you purchased it . Now everything is sealed shut in Mylar or glass jars. And the quality of the buds are questionable at times . So combine these factors, and raise the taxes on it, and you have a perfect storm for the black market to thrive ( Look at California ) .
 
Just my opinion, but if I had my way we would have stayed medical only. First of all the quality level went down, availability became an issue, and the pricing was much better. Some of the dispensaries have dedicated lines for medical (not many) . Most have medical and online order lines combined . Some did medical only for 2 hours when opening , but that soon stopped . It's all about the money now . Every fucking flower is itemized :thinker: , and no more random big buds in your purchase. They put those in a glass jar and charge you $$$$. When it was medical only you could actually ask to smell your strain before you purchased it . Now everything is sealed shut in Mylar or glass jars. And the quality of the buds are questionable at times . So combine these factors, and raise the taxes on it, and you have a perfect storm for the black market to thrive ( Look at California ) .
What state?
 
In WA state everything is pre-packaged. Even a gram of weed! We can’t smell or tell how dried out the weed is. I miss the large jars and see them bag it up. I hope they don’t forget about the medical patients? You are right, one hour definitely isn’t long enough. People in pain and sick waiting in a long line.

The budtenders need to be able to sell everything to everyone over 21. Why separate the customers unless someone doesn’t want to be seen in a cannabis store. In that case make appts for folks.
Oregon had the least disruption to the cannabis customers when they switched over to rec.
 
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