Medical Marijuana Grower Agent

The Maryland Medical Marijuana Commission has released proposed regulations for Medical Marijuana Grower  Agent Maryland licenses.

These are the proposed regulations for a Medical Marijuana Grower Agent in Maryland as of February 7, 2015 and are subject to change.  These regulations have yet to be approved and anyone interested in being a Medical Marijuana Grower Agent should consult a Maryland lawyer or more information.

Medical Marijuana Grower Agent Maryland Regulations

10.62.07 Medical Marijuana Grower Agents

Authority: Health General Article, §§13-3301, 13-3302, 13-3309, and 13-3312, Annotated Code of Maryland

.01 Definitions.

  1. In this chapter, the following terms have the meanings indicated.
  2. Terms Defined.

(1) “License” means a license issued by the Commission to operate as a grower.

(2) “Licensee” means a licensed grower.

.02 Grower Agent Generally.

A grower agent shall be at least 21 years of age.

.03 Grower Agent Registration and Criminal History Record.

  1. Each medical marijuana grower agent shall be registered with the Commission before the agent may volunteer or work for a licensed grower.
  2. A licensed grower shall apply to register a grower agent by submitting to the Commission in a manner to be determined by the Commission:

(1) The name, address and date of birth of a grower agent;

(2) Documentation of the submission of fingerprints of the grower agent to the Central Registry; and

(3) The request for the criminal history record information of the grower agent to be forwarded to the Natalie M. LaPrade Commission.

  1. A prospective grower agent may not be registered if the prospective grower agent has ever been convicted of a felony drug offense.
  2. The Commission, after review of the criminal history record information, may disqualify any prospective grower agent from registration for an absence of good moral character.

.04 Registered Grower Agent Identification Cards.

  1. The Commission shall issue to each registered grower agent a registration card which shall include a photograph of the face of the registered grower agent taken no more than 6 months before the date of the application.
  2. At all times every registered grower agent at a licensed premises shall visibly wear the identification card issued to the registered grower agent by the Commission.
  3. The identification card shall be renewed every 2 years.
  4. If a registered grower agent’s identification card is lost, destroyed or stolen, within 24 hours of becoming aware of the loss, destruction or theft, the licensee shall:

(1) Report the loss, destruction or theft to a local law enforcement agency and the Commission;

(2) Apply for a replacement card; and

(3) Pay a replacement card fee specified in COMAR 10.62.28.

  1. An identification card remains the property of the Commission and the Commission may order the return or seizure of an identification card if the registration is revoked or expires.
  2. If a registered grower agent’s identification card is lost, destroyed or stolen, a police report and a copy of notification to the Commission shall be evidence of registration until a new card is obtained from the Commission.

.05 Termination.

  1. As soon as possible upon termination of a registered grower agent’s association with a licensed grower, the licensed grower shall:

(1) Take custody of a terminated registered grower agent’s identification card;

(2) Obtain any keys or other entry devices from a terminated registered grower agent; and

(3) Ensure a terminated registered grower agent can no longer gain access to the licensed premises.

  1. Within 1 business day of a termination of a registered grower agent’s association with a licensed grower, a licensed grower shall:

(1) Notify the Commission in a manner to be determined by the Commission:

(a) Of a termination and the circumstances of a termination; and

(b) Whether a terminated registered grower agent has returned the agent’s registration card; and

(2) Initiate delivery of a terminated registered grower agent’s identification card to the Commission.

  1. The Commission shall revoke a registration of a grower agent upon receiving notification that a grower agent is no longer associated with a licensed grower.
  2. If a registered grower agent did not return the agent’s registration card within 30 days of the termination, the Commission shall place a notice in the register of that fact.

.06 Prospective Grower Agent Drug Screen.

  1. The licensee shall require a prospective grower agent to submit to a drug screen before commencement of association.
  2. The drug screen shall be carried out following the procedures set forth in COMAR 17.04.09.04—.08.
  3. In addition to the drugs to be screened in accordance with COMAR 17.04.09.06, the screen shall include:

(1) Illegal synthetic cannabinoids and compounds as required by the Commission; and

(2) Any other drugs as required by the Commission.

  1. Unless medically justified, a prospective grower agent who has a positive response to any tested substance on a drug screen that meets the requirements of COMAR 17.04.09.07 may not be registered by the Commission.

.07 Grower Agent Training.

  1. The licensee shall train all registered grower agents on:

(1) Federal and State medical marijuana laws and regulations, and laws and regulations pertinent to pesticide application, groundwater, and other laws related to the agent’s responsibilities;

(2) Standard operating procedures;

(3) Detection and prevention of diversion of medical marijuana;

(4) Security procedures; and

(5) Safety procedures, including responding to a medical emergency, a fire, a chemical spill, and a threatening event such as an armed robbery, invasion, burglary or other criminal incident.

  1. The licensee shall retain training materials and make the training materials available for inspection by the Commission.

.08 Alcohol and Drug Free Workplace Policy.

  1. Each registered grower agent shall declare in writing that the registered grower agent will adhere to the State alcohol and drug free workplace policy, as identified in COMAR 21.11.08.03.
  2. The licensee shall retain the declaration in a registered grower agent’s personnel record.

.09 Annual Verification of Registered Grower Agents.

Every year, on a date determined by the Commission, the licensee shall notify the Commission in a manner determined by the Commission that the licensee has verified that no registered grower agent has been convicted of a felony drug offense.

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