Delta-8 and Hemp THC Laws in Maryland

How Maryland law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Maryland treats intoxicating hemp products like cannabis. 'Tetrahydrocannabinol' includes delta-8, delta-9 and delta-10 THC however derived, and other intoxicating cannabinoids except CBD. Md. Code, Alc. Bev. & Cannabis §§36-1102, 36-1104; Crim. Law §10-108

Delta-8 and hemp THC products	Maryland treats intoxicating hemp products like cannabis. 'Tetrahydrocannabinol' includes delta-8, delta-9 and delta-10 THC however derived, and other intoxicating cannabinoids except CBD. A product for eating, drinking or inhaling with more than 0.5 milligrams of THC per serving or 2.5 milligrams per package may be sold only by a state-licensed cannabis business, in compliance with state testing, packaging and labeling standards, and never to anyone under 21; violations are misdemeanors with fines up to $5,000. Selling a cannabinoid product not derived from naturally occurring plant compounds is a misdemeanor with a fine up to $10,000. A separate law makes it a misdemeanor to sell delta-8 or delta-10 products to anyone under 21 (fines up to $300, $1,000 and $3,000) and requires age verification on seller websites. §36-1104: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gab&section=36-1104; Crim. Law §10-108: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-108. Hemp-derived tinctures with at least a 15-to-1 CBD-to-THC ratio and no more than 2.5 mg THC per serving and 100 mg per package may be sold outside the licensed system if samples are provided for testing (§36-1102(d)). Source: Md. Code, Alc. Bev. & Cannabis §§36-1102, 36-1104; Crim. Law §10-108

Delta-8 and hemp THC products

Maryland treats intoxicating hemp products like cannabis. 'Tetrahydrocannabinol' includes delta-8, delta-9 and delta-10 THC however derived, and other intoxicating cannabinoids except CBD. A product for eating, drinking or inhaling with more than 0.5 milligrams of THC per serving or 2.5 milligrams per package may be sold only by a state-licensed cannabis business, in compliance with state testing, packaging and labeling standards, and never to anyone under 21; violations are misdemeanors with fines up to $5,000. Selling a cannabinoid product not derived from naturally occurring plant compounds is a misdemeanor with a fine up to $10,000. A separate law makes it a misdemeanor to sell delta-8 or delta-10 products to anyone under 21 (fines up to $300, $1,000 and $3,000) and requires age verification on seller websites.

§36-1104: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gab&section=36-1104; Crim. Law §10-108: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gcr&section=10-108. Hemp-derived tinctures with at least a 15-to-1 CBD-to-THC ratio and no more than 2.5 mg THC per serving and 100 mg per package may be sold outside the licensed system if samples are provided for testing (§36-1102(d)).

Source: Md. Code, Alc. Bev. & Cannabis §§36-1102, 36-1104; Crim. Law §10-108

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FAQ

Is delta-8 legal in Maryland?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.