AB-13 – Sales and Discounts to County Dispensaries
What suppliers must know about equal pricing and discount rules in Maryland
Maryland requires suppliers to treat county dispensaries the same as other wholesalers when setting prices, discounts, and sales conditions, and this guidance explains how non-discrimination rules apply and what exceptions are allowed.
What you need to know
- County dispensaries must be treated the same as wholesalers
- Prices, discounts, and terms must be equal
- All conditions of sale must be offered consistently
- Only limited transportation cost differences are allowed
Who This Applies To
This guidance applies to:
- Non-resident dealers (suppliers)
- Wholesalers
- County dispensaries
Core Requirement
Suppliers may NOT:
- Discriminate between wholesalers
This includes:
- County dispensaries, which are legally considered wholesalers
All pricing and sales practices must be applied equally.
What Must Be Equal
The following must be the same for all wholesalers:
- Invoice price
- Discounts
- Depletion allowances
- Conditions of sale
These must be offered:
- Simultaneously and equally across all accounts
Limited Exception
Differences in pricing are allowed only if:
- Products are shipped from different locations
Any price difference must:
- Reflect actual differences in transportation costs
Filing Requirements
For wine and distilled spirits:
- Conditions of sale must be filed with the agency
- Must comply with applicable regulations
What This Means for Businesses
Suppliers should:
- Review pricing structures across all wholesalers
- Ensure county dispensaries are treated equally
- Align all discounts and terms across accounts
- Document any transportation-based differences
Important Notes
- County dispensaries are considered wholesalers under Maryland law
- Unequal pricing or terms may result in violations
- Compliance requires consistency across all accounts
Need Help?
For questions about trade practices, contact the ATCC: 410-260-7314 ext. 2 or [email protected]