Advisory 24-004: Intoxicating Cannabis/THC Products
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: