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Is THCa Legal in Maryland? (2026)

Illegal

As of October 7, 2026, THCa is illegal to sell at retail in Maryland. THCa flower illegal: total-THC mg basis funnels raw flower to cannabis channel. Controlling source: Md. Alc. Bev. & Cannabis Sec. 36-1102 (Ch. 57 / HB 12, 2025).

Verified October 7, 2026 (manual) · confidence: confirmed
Limit
(total ban)
Effectively prohibitive
yes, in practice

Controlling language, verbatim

'Tetrahydrocannabinol' means: (i) any tetrahydrocannabinol, including delta-8 ..., delta-9 ..., and delta-10 ..., regardless of how derived ... 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 ... A person may not sell or distribute a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents.

Source of excerpt

Citations

  1. Md. Alc. Bev. & Cannabis Sec. 36-1102 (Ch. 57 / HB 12, 2025) (Official state source, 2025-07-01) PRIMARYOFFICIAL

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.
  • Status changed from restricted to illegal.
  • Effectively prohibitive changed from false to true.
  • Status changed from illegal to restricted.

Where THCa stands across the country

LegalRestrictedGray areaIllegalNot yet verified

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

Open the interactive map · Every compound in Maryland

Federal posture

Federal gray area. THCa - federally contested: hemp on the statute's delta-9-only text, marijuana on DEA's post-decarboxylation reading; resolved against THCa Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition: Total THC = (THCa x 0.877) + delta-9 <= 0.3% + 0.4 mg total THC per container cap (H.R. 5371 (Pub. L. 119-37, Sec. 781))
    Effective Nov 12 2026: total-THC formula makes most THCa flower federally illegal (THCa is the prime target). DEA already applies a total-THC stance; OH SB56 + TX DSHS + 12 states moving.
  • 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; 1 of 1 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

THCa in neighboring states

THCa in other states

Same framework in Maryland

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Cite this page

Compound Analytics. "Is THCa Legal in Maryland? (2026)." Compound Laws, https://compoundlaws.com/compounds/thca/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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