Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor Ch. 416
Chapter 416
(Senate Bill 594)
AN ACT concerning
Cannabis – Advertising – Alterations
FOR the purpose of altering the ownership and control percentage requirement for a social
equity applicant for a cannabis license; repealing certain criteria for a certain
prohibition on cannabis advertising that targets minors individuals under the age of
21 years; authorizing a standard dispensary to place certain exterior signage for
certain limited purposes under certain circumstances; requiring the Maryland
Cannabis Administration to accept certain advertising audience composition data
and establish develop by regulation an alternative method for determining audience
composition a process for accepting a certain attestation from a certain person
regarding audience composition; providing a certain exception to a prohibition on the
third–party use of certain distinguishing characteristics of a cannabis licensee for
advertisements; and generally relating to cannabis advertising.
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages and Cannabis
Section 36–101(ff) and 36–903
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages and Cannabis
Section 36–901 and 36–903
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages and Cannabis
Section 36–901 and 36–902
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages and Cannabis
Section 36–903
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
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Ch. 416 2026 LAWS OF MARYLAND
Article – Alcoholic Beverages and Cannabis
36–101.
(ff) “Social equity applicant” means an applicant for a cannabis license or
cannabis registration that:
(1) has at least [65%] 55% ownership and control held by one or more
individuals who:
(i) have lived in a disproportionately impacted area for at least 5 of
the 10 years immediately preceding the submission of the application;
(ii) attended a public school in a disproportionately impacted area for
at least 5 years; or
(iii) for at least 2 years, attended a 4–year institution of higher
education in the State where at least 40% of the individuals who attend the institution of
higher education are eligible for a Pell Grant; or
(2) meets any other criteria established by the Administration.
36–901.
(a) In this subtitle[, “advertisement”] THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(B) (1) “ADVERTISEMENT” means the publication, dissemination, or
circulation of any auditory, visual, digital, oral, or written matter, which is directly or
indirectly calculated to induce the sale of cannabis or any cannabis–related product or
service.
[(b)] (2) “Advertisement” does not include packaging or labeling.
(C) “THERAPEUTIC OR MEDICAL CLAIM” MEANS A CLAIM THAT EXPLICITLY
STATES A PRODUCT CAN DIAGNOSE, TREAT, MITIGATE, CURE, OR PREVENT A
DISEASE OR CONDITION.
36–902.
An advertisement for cannabis and cannabis products or cannabis–related services
that makes therapeutic or medical claims shall:
(1) be supported by competent and reliable scientific evidence; and
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WES MOORE, Governor Ch. 416
(2) include information on the most serious and most common side effects
or risks associated with the use of cannabis.
36–903.
(a) (1) An advertisement for a cannabis licensee, cannabis product, or
cannabis–related service may not:
(i) violate Title 13, Subtitle 3 of the Commercial Law Article;
(ii) directly [or indirectly] target individuals under the age of 21
years;
(iii) contain a design, an illustration, a picture, or a representation
that:
1. targets [or is attractive to] minors INDIVIDUALS UNDER
THE AGE OF 21 YEARS, including a cartoon character, a mascot, or any other depiction
that is commonly used to market products to minors INDIVIDUALS UNDER THE AGE OF
21 YEARS;
2. displays the use of cannabis, including the consumption,
smoking, or vaping of cannabis;
3. encourages or promotes cannabis for use as an intoxicant;
or
4. is obscene;
(iv) engage in advertising by means of television, radio, Internet,
mobile application, social media, or other electronic communication, event sponsorship, or
print publication, unless at least 85% of the audience is reasonably expected to be at least
21 years old as determined [by reliable and current audience composition data] IN
ACCORDANCE WITH PARAGRAPH (3) OF THIS SUBSECTION; or
(v) except as provided in paragraph (2) of this subsection, engage in
advertising by means of placing an advertisement on the side of a building or another
publicly visible location of any form, including a sign, a poster, a placard, a device, a graphic
display, an outdoor billboard, or a freestanding signboard.
(2) (I) THIS PARAGRAPH DOES NOT APPLY TO:
1. EXTERIOR SIGNAGE USED FOR OPERATIONAL
PURPOSES;
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Ch. 416 2026 LAWS OF MARYLAND
2. SIGNS THAT WERE PAINTED ON THE PERMANENT
STRUCTURE OF A CANNABIS BUSINESS PRIOR TO JANUARY 1, 2026; OR
3. INTERIOR DISPLAYS THAT ARE VISIBLE THROUGH THE
WINDOWS OR DOORS OF A LICENSED PREMISES BUT ARE NOT AFFIXED TO A
PERMANENT STRUCTURE.
(II) A cannabis business may place exterior signage on the premises
of the business for the limited purpose of identifying the business to the public.
(II) (III) SUBJECT TO SUBPARAGRAPH (III) (IV) OF THIS
PARAGRAPH, THE HOLDER OF A STANDARD DISPENSARY LICENSE MAY PLACE
EXTERIOR SIGNAGE, INCLUDING A POSTER OR A PLACARD THAT IS ATTACHED TO
THE BUILDING, OR A FREESTANDING SIGNBOARD THAT IS IMMEDIATELY ADJACENT
TO THE ENTRANCE OF THE LICENSED PREMISES, FOR THE LIMITED PURPOSE OF:
1. IDENTIFYING ITSELF AS A LICENSED CANNABIS
BUSINESS AND A CANNABIS TRUSTED SOURCE;
2. PROVIDING CONTACT INFORMATION FOR THE
DISPENSARY, INCLUDING A WEBSITE ADDRESS, PHONE NUMBER, E–MAIL ADDRESS,
OR QUICK RESPONSE (QR) CODE;
3. 2. PROVIDING CONTACT INFORMATION FOR THE
ADMINISTRATION;
4. 3. PROVIDING INFORMATION ON WHAT TO DO IF AN
ADVERSE EVENT OCCURS, INCLUDING:
A. AN ADVISORY TO CALL 9–1–1 IN AN EMERGENCY;
B. CONTACT INFORMATION FOR THE MARYLAND
POISON CENTER; AND
C. CONTACT INFORMATION FOR THE PET POISON
HELPLINE; AND
5. 4. IDENTIFYING AN OWNERSHIP OR LICENSURE
DESIGNATION, AS APPROVED BY THE ADMINISTRATION.
(III) (IV) EXTERIOR SIGNAGE UNDER SUBPARAGRAPH (II) (III)
OF THIS PARAGRAPH MAY NOT EXCEED:
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WES MOORE, Governor Ch. 416
1. 900 SQUARE INCHES FOR ANY INDIVIDUAL EXTERIOR
SIGN; OR
2. 1,200 SQUARE INCHES TOTAL FOR ALL EXTERIOR
SIGNAGE.
(3) TO DETERMINE WHETHER AN ADVERTISEMENT OR A PROPOSED
ADVERTISEMENT MEETS THE AUDIENCE COMPOSITION REQUIREMENTS UNDER
PARAGRAPH (1)(IV) OF THIS SUBSECTION, THE ADMINISTRATION SHALL:
(I) ACCEPT THE MOST RECENT AND READILY AVAILABLE
AUDIENCE COMPOSITION DATA FROM THE TELEVISION, RADIO, INTERNET, MOBILE
APPLICATION, SOCIAL MEDIA, OR OTHER ELECTRONIC COMMUNICATION, EVENT
SPONSORSHIP, OR PRINT PUBLICATION ENTITY WITH WHICH THE CANNABIS
LICENSEE ADVERTISES OR PROPOSES TO ADVERTISE; AND
(II) ON OR BEFORE JANUARY 1, 2027, ADOPT REGULATIONS
ESTABLISHING AT LEAST ONE ALTERNATIVE METHOD FOR DETERMINING AUDIENCE
COMPOSITION THAT DEVELOP A PROCESS TO ACCEPT AN ATTESTATION REGARDING
AUDIENCE COMPOSITION FROM AN ORGANIZER OR HOST OF AN EVENT THAT A
CANNABIS BUSINESS PROPOSES TO ADVERTISE AT THROUGH AN EVENT
SPONSORSHIP.
(b) (1) (i) Subject to subparagraph (ii) of this paragraph, each
cannabis–related website shall employ a neutral age–screening mechanism that verifies
that the user is at least 21 years old, including by using an age–gate, age–screen, or age
verification mechanism before the user may access or view any content and before the
website may collect the user’s address, e–mail address, phone number, or contact
information to disseminate advertisements.
(ii) If a website is appropriate for a qualifying patient who is under
the age of 21 years, the website shall provide an alternative screening mechanism for the
qualifying patient.
(2) An advertisement placed on social media or a mobile application shall
include a notification that an individual must be at least 21 years old to view the content.
(3) The provisions of this subtitle applicable to cannabis licensees may not
be avoided by hiring or contracting with a third–party, or outsourcing advertisements that
do not comply with this subtitle.
(4) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A cannabis licensee may not allow the use of the licensee’s trademarks,
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Ch. 416 2026 LAWS OF MARYLAND
brands, names, locations, or other distinguishing characteristics for third–party use for
advertisements that do not comply with this subtitle.
(II) THE USE OF TRADEMARKS, BRANDS, NAMES, LOCATIONS,
OR OTHER DISTINGUISHING CHARACTERISTICS IN A NEWS ARTICLE, INTERVIEW,
DOCUMENTARY, OR OTHER EDITORIAL CONTENT THAT IS NOT INTENDED AS
COMMERCIAL ADVERTISING IS NOT SUBJECT TO THE PROHIBITION UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH TRADEMARK, BRAND, NAME, LOCATION,
OR OTHER DISTINGUISHING CHARACTERISTIC OF A CANNABIS BUSINESS MAY BE
USED IN A NEWS ARTICLE, INTERVIEW, DOCUMENTARY, OR OTHER EDITORIAL
CONTENT IF THE CANNABIS BUSINESS OR A THIRD PARTY ACTING ON BEHALF OF A
CANNABIS BUSINESS DOES NOT PROVIDE COMPENSATION OR ANYTHING ELSE OF
VALUE TO THE PUBLISHER OF THE NEWS ARTICLE, INTERVIEW, DOCUMENTARY, OR
OTHER EDITORIAL CONTENT.
(c) The Administration shall adopt regulations to establish procedures for the
enforcement of this section.
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before January 1, 2027,
the Maryland Cannabis Administration shall submit an interim report to the Senate
Finance Committee and the House Economic Matters Committee, and a final report on or
before June 1, 2027, in accordance with § 2–1257 of the State Government Article, on the
Administration’s:
(1) progress in implementing this Act, including the adoption of regulations
required under this Act;
(2) progress on developing guidance to assist cannabis businesses to comply
with this Act; and
(3) efforts to ensure uniform enforcement of this Act among cannabis
businesses.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2026.
Approved by the Governor, May 12, 2026.
–6–Every fact on this page links to its source, starting with the official bill record.