THC Compliance Standards
Maryland law regulates cannabis and hemp products based on their THC content, the compound responsible for intoxicating effects.
THC (tetrahydrocannabinol) is the primary substance in cannabis and related products that can produce a “high.”
This includes products such as Delta-8, Delta-9, Delta-10, and other cannabinoids that can cause intoxication.
Products that exceed legal THC limits must meet the same standards as those sold through licensed cannabis dispensaries.
The Alcohol, Tobacco, and Cannabis Commission (ATCC) enforces laws related to non-compliant or unlicensed THC products, while the Maryland Cannabis Administration (MCA) sets product standards and licensing requirements.
What counts as an intoxicating THC product?
Does your product qualify as THC?
A product is considered intoxicating if it is intended for human consumption or inhalation and contains:
- More than 0.5 mg of THC per serving, or
- More than 2.5 mg of THC per package
This includes products such as:
- Delta-8 THC
- Delta-9 THC
- Delta-10 THC
- Other cannabinoids that produce intoxicating effects
- Similar lab-created compounds identified by the Maryland Cannabis Administration (MCA)
If your product exceeds these limits, it must follow Maryland cannabis laws.
What the law requires
Products with intoxicating levels of THC must meet the same standards as regulated cannabis products.
This includes:
- Child-resistant and tamper-evident packaging
- Clear and accurate labeling
- Required health warnings
- Disclosure of THC content and ingredients
These requirements are defined in Maryland law (ABCA §36–203.1 and COMAR 14.17.18).
Packaging requirements
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Packaging must:
- Be child-resistant and tamper-evident
- Not include images appealing to children (e.g., candy, cartoons, toys)
- Not mimic trademarked commercial products
- Not imply government endorsement
Labeling requirements
Labels must include:
- Product lot number and expiration date (if applicable)
- Required health warnings
- Certificate of Analysis (QR code or link)
- Dispensary name, address, and contact information
- Full list of cannabinoid ingredients and amounts
- MCA-approved cannabis symbol on the front of the package
How the law affects you
Extends regulatory standards
Products exceeding THC limits must meet cannabis packaging and labeling requirements—even if sold outside the licensed market.
Authorizes enforcement
ATCC may:
- Issue citations for violations
- Seize or destroy non-compliant products
- Use packaging and labeling as evidence of violations
- Enforce restrictions on sales to individuals under 21
Creates penalties
Unlicensed businesses selling non-compliant THC products may face:
- Misdemeanor charges
- Fines up to $5,000
Common compliance issues
Businesses may be out of compliance if they:
- Sell intoxicating THC products without a license
- Exceed THC limits
- Fail to meet packaging or labeling requirements
- Sell to individuals under 21
Who regulates THC products?
- Maryland Cannabis Administration (MCA): Licensing and product standards
- ATCC: Enforcement of illegal or non-compliant THC products
- Law enforcement: Criminal violations involving controlled substances
Take action
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- View MCA Packaging and Labeling Guidance
- Download Printable Brochure
- Report a Violation
- Contact ATCC