Skip to main content

An official website of the State of Maryland.

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Advisory 24-004: Intoxicating Cannabis/THC Products

Advisory |

Maryland law limits the sale and distribution of intoxicating cannabis and THC products to businesses licensed by the Maryland Cannabis Administration (MCA). This advisory explains product restrictions, exceptions, enforcement responsibilities, and recent court developments affecting certain hemp-derived products.

What you need to know

  • Only MCA-licensed businesses may sell most intoxicating THC products
  • THC limits apply to products intended for consumption or inhalation
  • Certain hemp and CBD products may still be sold
  • Violations may result in criminal penalties and fines

Who this applies to

This advisory applies to:

  • Retail businesses selling cannabinoid products

  • Hemp product businesses

  • Manufacturers and distributors

  • Businesses offering THC-containing products

  • MCA cannabis license holders

  • Businesses that are not licensed by the MCA

What changed

The Cannabis Reform Act established Maryland's adult-use cannabis market and created the Maryland Cannabis Administration (MCA) as the agency responsible for cannabis licensing, registration, inspections, and testing. The law also assigned ATCC responsibility for enforcing laws related to the unlicensed cannabis market.

What is now allowed / not allowed

Only businesses holding an MCA-issued cannabis license may sell or distribute products intended for human consumption or inhalation that contain:

  • More than 0.5 milligrams of THC per serving

  • More than 2.5 milligrams of THC per package

Businesses that are not licensed by the MCA may not sell:

  • Edibles containing THC above statutory limits

  • THC beverages above statutory limits

  • Delta-8 THC products

  • Delta-9 THC products

  • Delta-10 THC products

  • Other intoxicating cannabinoids identified by the MCA

  • Similar THC derivatives, compounds, or isomers identified by the MCA

Products containing non-naturally occurring cannabinoids may not be sold in Maryland regardless of licensure.

Requirements / process / rules

Businesses that are not MCA cannabis license holders should remove from their premises:

  • Products containing more than 0.5 mg THC per serving

  • Products containing more than 2.5 mg THC per package

  • Products containing non-naturally occurring cannabinoids

  • Products containing THC-O, ATHC, THC-X, Delta 8-O, or similar compounds

Products subject to the law must also comply with applicable manufacturing, testing, packaging, and labeling standards.

Product exceptions

Businesses may continue to sell the following products if they comply with applicable MCA testing and labeling requirements:

  • Hemp products not intended for human consumption or inhalation

  • Lotions

  • Balms

  • Salves

  • Pet CBD products

Businesses may also sell:

  • CBD-dominant gummies or edibles containing no more than 0.5 mg THC per serving

  • CBD-dominant gummies or edibles containing no more than 2.5 mg THC per package

Certain hemp-derived tinctures may be sold if they:

  • Have a CBD:THC ratio of at least 15:1

  • Are dispensed in containers smaller than 4 ounces

  • Use a dropper lid

  • Are dissolved only in alcohol, glycerin, or vegetable oil

  • Contain no more than 100 mg THC per package

Compliance and Enforcement

ATCC's Field Enforcement Division conducts:

  • Educational outreach

  • Compliance inspections

  • Investigations of businesses selling intoxicating cannabis or THC products

  • Enforcement actions for violations of state law

Businesses that are not MCA license holders should review their inventory and remove prohibited products.

Important notes

Businesses that sell prohibited THC products may face criminal penalties.

Potential penalties include:

  • Up to a $5,000 fine for selling products above THC limits

  • Up to a $10,000 fine for selling products containing non-naturally occurring cannabinoids

A court-issued preliminary injunction currently affects enforcement against certain businesses that were lawfully selling hemp-derived products before July 1, 2023. Litigation remains ongoing.

Effective date

The Cannabis Reform Act became effective May 3, 2023. The advisory notes that only MCA-licensed businesses may legally sell or distribute intoxicating cannabis and THC products, subject to ongoing litigation described in the advisory.

Need help?

For questions about this advisory:

  • ATCC General Information: 443-300-6990

  • ATCC Legal and Legislative Division: [email protected] 

To report suspected violations:

• [email protected] 

Source document

Advisory 24-004 button group