As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedA 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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as capsule / tablet. Hemp Delta-9 capsule - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedFalls under the general 'product intended for human consumption' threshold (0.5mg/serving, 2.5mg/package) and MCA-licensing requirement under SS36-1102(b); no capsule-specific carve-out identified. Maryland's Cannabis Reform Act (2023) created a single bright-line THC threshold (0.5mg/serving, 2.5mg/package) applicable to ANY product 'intended for human consumption or inhalation' -- covering vapes, edibles, drinks, capsules, and smokable flower alike -- above which a Maryland Cannabis Administration retail license is mandatory (effectively routing all meaningfully potent hemp-derived delta-9 THC products into the licensed adult-use/medical cannabis market). The only statutory relief valve is the narrow hemp tincture carve-out. Topicals are arguably outside the 'consumption or inhalation' scope but this is not confirmed by primary guidance reviewed this session, so exposure is treated as interpretive rather than a clean exemption.
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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as beverage. Hemp Delta-9 drink - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedBeverages are 'intended for human consumption' and subject to the general 0.5mg/serving, 2.5mg/package threshold and MCA-licensing requirement (SS36-1102(b)); no beverage-specific statutory carve-out identified (distinct from the tincture carve-out). Maryland's Cannabis Reform Act (2023) created a single bright-line THC threshold (0.5mg/serving, 2.5mg/package) applicable to ANY product 'intended for human consumption or inhalation' -- covering vapes, edibles, drinks, capsules, and smokable flower alike -- above which a Maryland Cannabis Administration retail license is mandatory (effectively routing all meaningfully potent hemp-derived delta-9 THC products into the licensed adult-use/medical cannabis market). The only statutory relief valve is the narrow hemp tincture carve-out. Topicals are arguably outside the 'consumption or inhalation' scope but this is not confirmed by primary guidance reviewed this session, so exposure is treated as interpretive rather than a clean exemption.
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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as edible / ingestible. Hemp Delta-9 edible - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedSame 0.5mg/serving, 2.5mg/package threshold and MCA-licensing requirement applies to ingestible edibles under SS36-1102(b). Maryland's Cannabis Reform Act (2023) created a single bright-line THC threshold (0.5mg/serving, 2.5mg/package) applicable to ANY product 'intended for human consumption or inhalation' -- covering vapes, edibles, drinks, capsules, and smokable flower alike -- above which a Maryland Cannabis Administration retail license is mandatory (effectively routing all meaningfully potent hemp-derived delta-9 THC products into the licensed adult-use/medical cannabis market). The only statutory relief valve is the narrow hemp tincture carve-out. Topicals are arguably outside the 'consumption or inhalation' scope but this is not confirmed by primary guidance reviewed this session, so exposure is treated as interpretive rather than a clean exemption.
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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedA 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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as other. Hemp Delta-9 other - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedDefault: any other product intended for human consumption or inhalation is subject to the 0.5mg/serving, 2.5mg/package threshold and MCA-licensing requirement absent a specific statutory carve-out. Maryland's Cannabis Reform Act (2023) created a single bright-line THC threshold (0.5mg/serving, 2.5mg/package) applicable to ANY product 'intended for human consumption or inhalation' -- covering vapes, edibles, drinks, capsules, and smokable flower alike -- above which a Maryland Cannabis Administration retail license is mandatory (effectively routing all meaningfully potent hemp-derived delta-9 THC products into the licensed adult-use/medical cannabis market). The only statutory relief valve is the narrow hemp tincture carve-out. Topicals are arguably outside the 'consumption or inhalation' scope but this is not confirmed by primary guidance reviewed this session, so exposure is treated as interpretive rather than a clean exemption.
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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as powder / bulk. Hemp Delta-9 powder - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedAn intoxicating cannabinoid powder/isolate intended for human consumption is captured by the general 0.5mg/serving, 2.5mg/package threshold and licensing requirement (SS36-1102(b)). Maryland's Cannabis Reform Act (2023) created a single bright-line THC threshold (0.5mg/serving, 2.5mg/package) applicable to ANY product 'intended for human consumption or inhalation' -- covering vapes, edibles, drinks, capsules, and smokable flower alike -- above which a Maryland Cannabis Administration retail license is mandatory (effectively routing all meaningfully potent hemp-derived delta-9 THC products into the licensed adult-use/medical cannabis market). The only statutory relief valve is the narrow hemp tincture carve-out. Topicals are arguably outside the 'consumption or inhalation' scope but this is not confirmed by primary guidance reviewed this session, so exposure is treated as interpretive rather than a clean exemption.
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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedRaw hemp biomass/extract intended for further processing is governed by the ABCA 'hemp' vs. 'cannabis' distinction (cannabis = >0.3% delta-9 THC dry weight, ABCA SS1-101(d)); material at or below 0.3% is hemp and outside the Cannabis Reform Act's licensing scheme for raw material itself, but any finished consumer product made from it is still subject to SS36-1102's mg thresholds. Maryland's Cannabis Reform Act (2023) created a single bright-line THC threshold (0.5mg/serving, 2.5mg/package) applicable to ANY product 'intended for human consumption or inhalation' -- covering vapes, edibles, drinks, capsules, and smokable flower alike -- above which a Maryland Cannabis Administration retail license is mandatory (effectively routing all meaningfully potent hemp-derived delta-9 THC products into the licensed adult-use/medical cannabis market). The only statutory relief valve is the narrow hemp tincture carve-out. Topicals are arguably outside the 'consumption or inhalation' scope but this is not confirmed by primary guidance reviewed this session, so exposure is treated as interpretive rather than a clean exemption.
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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as tincture / sublingual. Hemp Delta-9 tincture - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedStatutory carve-out: a hemp-derived tincture (solution in alcohol/glycerin/vegetable oil, dropper bottle <=4oz) may be sold WITHOUT an MCA license if it has a CBD:THC ratio of at least 15:1 AND contains <=2.5mg THC/serving and <=100mg THC/package, and the seller provides samples to the Administration for testing (ABCA SS36-1102(d)). Outside this carve-out, the general 0.5mg/2.5mg threshold and licensing requirement apply. Maryland's Cannabis Reform Act (2023) created a single bright-line THC threshold (0.5mg/serving, 2.5mg/package) applicable to ANY product 'intended for human consumption or inhalation' -- covering vapes, edibles, drinks, capsules, and smokable flower alike -- above which a Maryland Cannabis Administration retail license is mandatory (effectively routing all meaningfully potent hemp-derived delta-9 THC products into the licensed adult-use/medical cannabis market). The only statutory relief valve is the narrow hemp tincture carve-out. Topicals are arguably outside the 'consumption or inhalation' scope but this is not confirmed by primary guidance reviewed this session, so exposure is treated as interpretive rather than a clean exemption.
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 SS 36-401 of this title.
As of October 25, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Maryland as topical. Hemp Delta-9 topical - restricted. Controlling source: Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing.
Verified October 25, 2026 (hash check) · confidence: confirmedA 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 SS 36-401 of this title.
| Form | Status | Headline | Verified |
|---|---|---|---|
| Vape / inhalable | Gray area | Hemp Delta-9 vape - restricted | 2026-10-25 |
| Capsule / tablet | Gray area | Hemp Delta-9 capsule - restricted | 2026-10-25 |
| Beverage | Gray area | Hemp Delta-9 drink - restricted | 2026-10-25 |
| Edible / ingestible | Gray area | Hemp Delta-9 edible - restricted | 2026-10-25 |
| Flower / raw plant | Gray area | Hemp Delta-9 flower - restricted | 2026-10-25 |
| Other | Gray area | Hemp Delta-9 other - restricted | 2026-10-25 |
| Powder / bulk | Gray area | Hemp Delta-9 powder - restricted | 2026-10-25 |
| Raw material / RUO | Gray area | Hemp Delta-9 raw material - restricted | 2026-10-25 |
| Tincture / sublingual | Gray area | Hemp Delta-9 tincture - restricted | 2026-10-25 |
| Topical | Gray area | Hemp Delta-9 topical - restricted | 2026-10-25 |
Among Maryland's 5 neighbors, District of Columbia and Delaware are illegal; Virginia and West Virginia are restricted; Pennsylvania is gray area.
Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Maryland
Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail
4 instruments on file for this compound's framework in Maryland; 30 of 30 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
30c5d8056a7c8ad736-1102. (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.
33e5b0ea28a63056SS36-1102. (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.
30c5d8056a7c8ad736-1102. (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.
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.]
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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