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Is Delta-10 THC Legal in Maryland? (2026)

Illegal

As of November 12, 2026, Delta-10 THC is illegal to sell at retail in Maryland. Delta-10 THC illegal at general retail: named THC, over 0.5 mg per serving is licensed cannabis channel only (Md. 36-1102). Effective 2023-05-03. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; non-naturally-occurring cannabinoid prohibition; licensing.

Verified November 12, 2026 (hash check) · confidence: confirmed

Is Delta-10 THC Legal? Every state and federal law

Maryland Delta-10 THC ban status: ban in force

Watchenforcement date in 28 days (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
Rule type
permanent
Tier
Prohibited
Effective
2023-05-03
Effectively prohibitive
Delta-10 THC is named in the THC definition; above 0.5 mg per serving or 2.5 mg per package it may be sold only by a 36-401 cannabis licensee

What the record says

Maryland defines tetrahydrocannabinol to include delta-10-tetrahydrocannabinol, regardless of how derived (Alc. Bev. and Cannabis 36-1102(a)(3)(i)). A product for consumption or inhalation with more than 0.5 mg THC per serving or 2.5 mg per package may be sold only by a person licensed under 36-401, with testing, packaging and labeling compliance, and only to persons 21 or older (36-1102(b)). Commercial delta-10 products exceed that threshold, so sale is limited to the licensed cannabis channel. Converted delta-10 also faces the 36-1102(c) bar on cannabinoid products not derived from naturally occurring constituents. Effective May 3, 2023 (2023 Md. Laws ch. 254).

Controlling language, verbatim

(3) 'Tetrahydrocannabinol' means: (i) any tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, regardless of how derived;

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; non-naturally-occurring cannabinoid prohibition; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-19) PRIMARYOFFICIAL
  2. 2025 Md. Laws ch. 57 (HB 12), reenacting Alc. Bev. and Cannabis Art. Sec. 36-1102(a)-(d) (Maryland General Assembly, 2026-10-29) PRIMARYOFFICIAL

Where Delta-10 THC stands across the country

LegalRestrictedGray areaIllegalNot yet verified

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

Open the interactive map · Every compound in Maryland · Where Delta-10 THC is banned · Hemp ban in Maryland · THC ban in Maryland · Federal hemp ban: what changes Nov 12 and Dec 11 · Embed this map

Federal posture

Federal gray area. Delta-10 THC: federally contested now; converted delta-10 leaves the hemp definition by Dec 11, 2026, or Nov 12 if not plant-producible Federal detail

Verbatim law on file for Maryland

5 instruments on file for this compound’s framework in Maryland; 2 of 2 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 · Controlling provision (official text)OFFICIAL
Instrument
Controlling provision (official text)
Source
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&enactments=false&section=36-1102
Retrieved
2026-11-01
Fingerprint
8701317b4ed8a027
(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 § 36–401 of this title and the product complies with the:
Show 2 more laws on file
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.]
Md. Code, Alcoholic Beverages and Cannabis, 36-1102 · Tetrahydrocannabinol productsOFFICIAL
Instrument
Tetrahydrocannabinol products
Source
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gab&enactments=true&section=36-1102
Retrieved
2026-11-02
Fingerprint
45ff8a6434c26b1b
§36–1102.
(a) (1) In this section the following words have the meanings indicated.
(2) "Hemp" has the meaning stated in § 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 § 36–401 of this title and the product complies with the:
(i) manufacturing standards established under § 36–203 of this title;
(ii) laboratory testing standards established under § 36–203 of this title; and
(iii) packaging and labeling standards established under § 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.
(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.

Delta-10 THC in neighboring states

Delta-10 THC in 45 other states

Closest to Delta-10 THC in Maryland

Same framework in Maryland

30 other compounds in Maryland

Cite this page

Compound Analytics. "Is Delta-10 THC Legal in Maryland? Federal Change Dec 11 (2026)." Compound Laws, https://compoundlaws.com/compounds/d10/maryland/. Accessed November 13, 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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