Is CBD (Cannabidiol, hemp-derived) Legal in Maryland? (2026)

Edible / ingestible

Restricted

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Maryland as edible / ingestible. Maryland: over 0.5 mg THC/serving or 2.5 mg/package is dispensary-only; CBD tinctures exempt at 15:1. Controlling source: Md. Code, Alc. Bev. & Cannabis 36-1102.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Effective
2023-07-01

What the record says

Alc. Bev. & Cannabis 36-1102(b) bars selling a product intended for human consumption or inhalation with more than 0.5 mg THC per serving or 2.5 mg per package except by a cannabis licensee, and such products may not go to anyone under 21; misdemeanor, fine up to $5,000. Subsection (d) exempts hemp-derived tinctures (dropper bottles of 4 oz or less) with a CBD:THC ratio of at least 15:1, 2.5 mg THC or less per serving and 100 mg or less per package. THC includes delta-8, delta-9 and delta-10 however derived. Full-spectrum CBD at 0.5 to 2 mg per package fits. Topicals are outside 'human consumption or inhalation' (interpretive). Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: <=0.5 mg THC/serving and <=2.5 mg/package outside cannabis licensees; tinctures 15:1, <=2.5 mg/serving, <=100 mg/package. Pending: HB 1523 (2026, Ch. 354) expands ATCC field enforcement and seizure of unauthorized consumable products. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Md. Code, Alc. Bev. & Cannabis 36-1102 (Maryland General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. MCA bulletin: Update on Intoxicating THC Products (Maryland Cannabis Administration, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Flower / raw plant

Restricted

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Maryland as flower / raw plant. Maryland: inhalable hemp over 2.5 mg THC per package must be sold by cannabis licensees; misdemeanor up to $5,000. Controlling source: Update on Intoxicating THC Products (Sept 2025).

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Effective
2023-07-01
Effectively prohibitive
Hemp products for consumption or inhalation over 0.5 mg THC per serving or 2.5 mg per package may be sold only by MCA cannabis licensees; a CBD cigarette pack or flower jar with trace THC exceeds 2.5 mg.

Controlling language, verbatim

containing more than 0.5mg of THC per serving or more than 2.5mg of THC per package

Source of excerpt

Citations

  1. Update on Intoxicating THC Products (Sept 2025) (Maryland Cannabis Administration, 2026-10-07) PRIMARYOFFICIAL
  2. ATCC Advisory 24-004 (Maryland Alcohol, Tobacco and Cannabis Commission, 2026-10-07) PRIMARYOFFICIAL
  3. Md. Code, Alc. Bev. & Cannabis 36-1102; ATCC Advisory 24-004 PRIMARYOFFICIAL
  4. A Temporary Reprieve for Hemp-THC Products... But what now? (Foley Hoag, Sept 2026) (Foley Hoag LLP, 2026-10-07)OTHER

Other

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Maryland as other. No state hemp rule for pet CBD; treats fall under general commercial feed registration. Controlling source: Md. Code, Alc. Bev. & Cannabis 36-1102.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2023-07-01

What the record says

No state hemp statute or rule addresses pet products. Pet treats are commercial feed under state feed law, and AAFCO has no hemp/CBD ingredient definition, so feed registration of CBD treats can be refused (interpretive, not a named ban). 36-1102 reaches products for human consumption only. Applies to CBD pet products. Limit noted: None in hemp law; state commercial feed law applies to treats. Pending: HB 1523 (2026, Ch. 354) expands ATCC field enforcement and seizure of unauthorized consumable products. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Md. Code, Alc. Bev. & Cannabis 36-1102 (Maryland General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. MCA bulletin: Update on Intoxicating THC Products (Maryland Cannabis Administration, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Topical

Legal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail in Maryland as topical. Maryland: 36-1102 thresholds cover consumption and inhalation, not topicals. Controlling source: Md. Code, Alc. Bev. & Cannabis 36-1102.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
unscheduled
Effective
2023-07-01

What the record says

Alc. Bev. & Cannabis 36-1102(b) bars selling a product intended for human consumption or inhalation with more than 0.5 mg THC per serving or 2.5 mg per package except by a cannabis licensee, and such products may not go to anyone under 21; misdemeanor, fine up to $5,000. Subsection (d) exempts hemp-derived tinctures (dropper bottles of 4 oz or less) with a CBD:THC ratio of at least 15:1, 2.5 mg THC or less per serving and 100 mg or less per package. THC includes delta-8, delta-9 and delta-10 however derived. Full-spectrum CBD at 0.5 to 2 mg per package fits. Topicals are outside 'human consumption or inhalation' (interpretive). Applies to CBD topicals. Limit noted: Not covered by 36-1102 (human consumption or inhalation only). Pending: HB 1523 (2026, Ch. 354) expands ATCC field enforcement and seizure of unauthorized consumable products. Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Md. Code, Alc. Bev. & Cannabis 36-1102 (Maryland General Assembly, 2026-10-07) PRIMARYOFFICIAL
  2. MCA bulletin: Update on Intoxicating THC Products (Maryland Cannabis Administration, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Status by product form in Maryland

FormStatusHeadlineVerified
Edible / ingestible RestrictedMaryland: over 0.5 mg THC/serving or 2.5 mg/package is dispensary-only; CBD tinctures exempt at 15:1.2026-10-08
Flower / raw plant RestrictedMaryland: inhalable hemp over 2.5 mg THC per package must be sold by cannabis licensees; misdemeanor up to $5,000.2026-10-08
Other LegalNo state hemp rule for pet CBD; treats fall under general commercial feed registration.2026-10-08
Topical LegalMaryland: 36-1102 thresholds cover consumption and inhalation, not topicals.2026-10-08

Where CBD (Cannabidiol, hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Maryland's 5 neighbors, Virginia and West Virginia are restricted; District of Columbia is gray area; Delaware and Pennsylvania are legal.

Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in Maryland

Federal posture

Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail

Pending deadlines

  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.

Verbatim law on file for Maryland

4 instruments on file for this compound's framework in Maryland; 12 of 13 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

Md. Code Ann., Alc. Bev. & Cannabis Sec. 36-1102 (2025) · Cannabinoid products; tetrahydrocannabinol definition and per-serving/per-package limits; prohibited non-naturally-derived cannabinoid products; hemp-derived tincture exceptionOFFICIAL
Instrument
Cannabinoid products; tetrahydrocannabinol definition and per-serving/per-package limits; prohibited non-naturally-derived cannabinoid products; hemp-derived tincture exception
Source
https://mgaleg.maryland.gov/2025RS/Chapters_noln/CH_57_hb0012t.pdf
Retrieved
2026-07-02
Fingerprint
30c5d8056a7c8ad7
36-1102.

(a) (1) In this section the following words have the meanings indicated.

(2) "Hemp" has the meaning stated in Sec. 14-401 of the Agriculture Article.

(3) "Tetrahydrocannabinol" means:

(i) any tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, regardless of how derived;

(ii) any other cannabinoid, except cannabidiol that the Administration determines to cause intoxication; and

(iii) any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as identified by the Administration.

(4) "Tincture" means a solution that is:

(i) dissolved in alcohol, glycerin, or vegetable oil; and

(ii) distributed in a dropper bottle of 4 ounces or less.

(b) (1) A person may not sell or distribute a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is licensed under Sec. 36-401 of this title and the product complies with the:

(i) manufacturing standards established under Sec. 36-203 of this title;

(ii) laboratory testing standards established under Sec. 36-203 of this title; and

(iii) packaging and labeling standards established under Sec. 36-203 of this title.

(2) A person may not sell or distribute a product described under paragraph (1) of this subsection to an individual under the age of 21 years.

(c) A person may not sell or distribute a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents.

(d) (1) Notwithstanding subsection (b) of this section and subject to paragraph (2) of this subsection, it is not a violation of this section for a person to sell or distribute a hemp-derived tincture intended for human consumption that contains:

(i) a ratio of cannabidiol to tetrahydrocannabinol of at least 15 to 1; and

(ii) 2.5 milligrams or less of tetrahydrocannabinol per serving and 100 milligrams or less of tetrahydrocannabinol per package.

(2) To sell or distribute a hemp-derived tincture under this subsection, a person must provide, as required by the Administration, tincture samples for the purpose of testing to determine chemical potency and composition levels and to detect and quantify contaminants.
Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 · Tetrahydrocannabinol product thresholds; non-naturally-occurring cannabinoid prohibition; licensing requirementOFFICIAL
Instrument
Tetrahydrocannabinol product thresholds; non-naturally-occurring cannabinoid prohibition; licensing requirement
Source
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&section=36-1102&enactments=false
Retrieved
2026-07-19
Fingerprint
33e5b0ea28a63056
SS36-1102.
(a)(1) In this section the following words have the meanings indicated. (2) 'Hemp' has the meaning stated in SS14-401 of the Agriculture Article. (3) 'Tetrahydrocannabinol' means: (i) any tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, regardless of how derived; (ii) any other cannabinoid, except cannabidiol that the Administration determines to cause intoxication; and (iii) any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as identified by the Administration. (4) 'Tincture' means a solution that is: (i) dissolved in alcohol, glycerin, or vegetable oil; and (ii) distributed in a dropper bottle of 4 ounces or less.
(b)(1) A person may not sell or distribute a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is licensed under SS36-401 of this title and the product complies with the: (i) manufacturing standards established under SS36-203 of this title; (ii) laboratory testing standards established under SS36-203 of this title; and (iii) packaging and labeling standards established under SS36-203 of this title. (2) A person may not sell or distribute a product described under paragraph (1) of this subsection to an individual under the age of 21 years.
(c) A person may not sell or distribute a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents.
(d)(1) Notwithstanding subsection (b) of this section and subject to paragraph (2) of this subsection, it is not a violation of this section for a person to sell or distribute a hemp-derived tincture intended for human consumption that contains: (i) a ratio of cannabidiol to tetrahydrocannabinol of at least 15 to 1; and (ii) 2.5 milligrams or less of tetrahydrocannabinol per serving and 100 milligrams or less of tetrahydrocannabinol per package. (2) To sell or distribute a hemp-derived tincture under this subsection, a person must provide, as required by the Administration, tincture samples for the purpose of testing to determine chemical potency and composition levels and to detect and quantify contaminants.
(e) A person who violates subsection (b) of this section: (1) may be charged by a citation; and (2) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
(f) A person who violates subsection (c) of this section: (1) may be charged by a citation; and (2) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.
Md. Code, Alc. Bev. & Cannabis 36-1102 · Hemp-derived and cannabinoid productsOFFICIAL
Instrument
Hemp-derived and cannabinoid products
Source
https://mgaleg.maryland.gov/2025RS/Chapters_noln/CH_57_hb0012t.pdf
Retrieved
2026-10-07
Fingerprint
30c5d8056a7c8ad7
36-1102. (a) (1) In this section the following words have the meanings indicated. (2) "Hemp" has the meaning stated in Sec. 14-401 of the Agriculture Article. (3) "Tetrahydrocannabinol" means: (i) any tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, regardless of how derived; (ii) any other cannabinoid, except cannabidiol that the Administration determines to cause intoxication; and (iii) any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as identified by the Administration. (4) "Tincture" means a solution that is: (i) dissolved in alcohol, glycerin, or vegetable oil; and (ii) distributed in a dropper bottle of 4 ounces or less. (b) (1) A person may not sell or distribute a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is licensed under Sec. 36-401 of this title and the product complies with the: (i) manufacturing standards established under Sec. 36-203 of this title; (ii) laboratory testing standards established under Sec. 36-203 of this title; and (iii) packaging and labeling standards established under Sec. 36-203 of this title. (2) A person may not sell or distribute a product described under paragraph (1) of this subsection to an individual under the age of 21 years. (c) A person may not sell or distribute a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents. (d) (1) Notwithstanding subsection (b) of this section and subject to paragraph (2) of this subsection, it is not a violation of this section for a person to sell or distribute a hemp-derived tincture intended for human consumption that contains: (i) a ratio of cannabidiol to tetrahydrocannabinol of at least 15 to 1; and (ii) 2.5 milligrams or less of tetrahydrocannabinol per serving and 100 milligrams or less of tetrahydrocannabinol per package. (2) To sell or distribute a hemp-derived tincture under this subsection, a person must provide, as required by the Administration, tincture samples for the purpose of testing to determine chemical potency and composition levels and to detect and quantify contaminants.
Md. Code, Alc. Bev. & Cannabis 36-1102; ATCC Advisory 24-004 · Md. Code, Alc. Bev. & Cannabis 36-1102; ATCC Advisory 24-004OFFICIAL
Instrument
Md. Code, Alc. Bev. & Cannabis 36-1102; ATCC Advisory 24-004
Source
https://cannabis.maryland.gov/Documents/2025_PDF_Files/Bulletins/Update%20on%20Intoxicating%20THC%20Products.pdf
Retrieved
2026-10-07
Fingerprint
0dc332f2278006ed
[MCA bulletin, Sept. 18, 2025:] [The provision applies to products] "containing more than 0.5mg of THC per serving or more than 2.5mg of THC per package" [hemp-derived psychoactive products]; [the State sought to enforce] "§ 36-1102 of the Alcoholic Beverages and Cannabis Article" [...]; [Appellate Court, Sept. 9, 2025:] "delta-8 and delta-10 THC, are now and have always been illegal in Maryland." [ATCC Advisory 24-004: products] "intended for human consumption or inhalation" [over the limits require an] "MCA cannabis license holder" [to sell; violation is a misdemeanor with a fine up to $5,000.] [Statute text not fetched; agency summaries used.]

Related

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Same framework in Maryland

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Cite this page

Compound Analytics. "Is CBD (Cannabidiol, hemp-derived) Legal in Maryland? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbd/maryland/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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