Is Delta-9 THC (hemp-derived) Legal in Maryland? (2026)

Vape / inhalable

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Effectively prohibitive
Inhalation is explicitly covered by ABCA SS36-1102(b)(1) ('a product intended for human consumption or inhalation'). Any vape product exceeding 0.5mg THC/serving or 2.5mg/package may only be sold by an MCA-licensed retailer meeting SS36-203 manufacturing/testing/packaging standards; general retail sale above threshold is a misdemeanor (up to $5,000 fine).

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Capsule / tablet

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Limit
2.5 mg total THC per package (mg per container)

What the record says

Falls 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.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Beverage

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Limit
2.5 mg total THC per package (mg per container)

What the record says

Beverages 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.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Edible / ingestible

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Limit
2.5 mg total THC per package (mg per container)

What the record says

Same 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.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Flower / raw plant

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Effectively prohibitive
Smoking/inhalation is expressly within scope of SS36-1102(b) ('human consumption or inhalation'); raw smokable hemp flower with THC content above the de minimis 0.5mg/2.5mg threshold (essentially all THC-bearing flower) requires MCA licensure to sell lawfully.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Other

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Limit
2.5 mg total THC per package (mg per container)

What the record says

Default: 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.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Powder / bulk

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Limit
2.5 mg total THC per package (mg per container)

What the record says

An 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.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Raw material / RUO

Gray area

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: confirmed
Rule type
permanent
Tier
under review

What the record says

Raw 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.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Tincture / sublingual

Gray area

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: confirmed
Rule type
permanent
Tier
under review
Limit
2.5 mg total THC per package (mg per container)

What the record says

Statutory 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.

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Topical

Gray area

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: confirmed
Rule type
permanent
Tier
under review

Controlling language, verbatim

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.

Source of excerpt

Citations

  1. Alcoholic Beverages and Cannabis Article SS36-1102 - Tetrahydrocannabinol product thresholds; licensing (Maryland General Assembly, Department of Legislative Services, 2026-07-18) PRIMARYOFFICIAL
  2. Md. Code Ann., Alcoholic Beverages and Cannabis SS36-1102 PRIMARYOFFICIAL
  3. Moore v. Maryland Hemp Coalition, No. 1590, Sept. Term 2023 (Md. App. Sept. 9, 2025) - upheld enforceability of Cannabis Reform Act licensing requirement against hemp-derived intoxicants (Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC), 2026-07-18)OFFICIAL

Status by product form in Maryland

FormStatusHeadlineVerified
Vape / inhalable Gray areaHemp Delta-9 vape - restricted2026-10-25
Capsule / tablet Gray areaHemp Delta-9 capsule - restricted2026-10-25
Beverage Gray areaHemp Delta-9 drink - restricted2026-10-25
Edible / ingestible Gray areaHemp Delta-9 edible - restricted2026-10-25
Flower / raw plant Gray areaHemp Delta-9 flower - restricted2026-10-25
Other Gray areaHemp Delta-9 other - restricted2026-10-25
Powder / bulk Gray areaHemp Delta-9 powder - restricted2026-10-25
Raw material / RUO Gray areaHemp Delta-9 raw material - restricted2026-10-25
Tincture / sublingual Gray areaHemp Delta-9 tincture - restricted2026-10-25
Topical Gray areaHemp Delta-9 topical - restricted2026-10-25

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

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

Federal posture

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

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 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)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Maryland

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.

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

Delta-9 THC (hemp-derived) in neighboring states

Delta-9 THC (hemp-derived) in other states

Same framework in Maryland

Other compounds in Maryland

Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Maryland? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/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.

About · Methodology · Glossary · Changes · Data & API · llms.txt · Sitemap