Understanding Maryland’s Cannabis Reform Act
Information and training advisory 24-004
Product restrictions
No license, no THC sales
Only businesses holding a Maryland Cannabis Administration (MCA) license can legally sell intoxicating cannabis/THC products in Maryland.
Unauthorized sales of intoxicating cannabis/THC products can result in criminal charges and fines.
Approved for sale
The following products for human consumption can be sold only by MCA cannabis license holders:
- Products containing more than 0.5 milligrams of THC per serving or 2.5 milligrams of THC per package
- Approved THC products include Delta-8-THC, Delta-9-THC, or Delta-10-THC, and any cannabinoids causing intoxication
No MCA license needed to sell products LESS than .5 milligram of THC per serving and 2.5 millgrams of THC per package.
Not allowed
Products containing non-naturally occurring cannabinoids, such as K2 or THC-O-acetate, may not be lawfully sold in Maryland regardless of licensure.
Exemptions
Some hemp-derived products, like lotions and CBD-dominant edibles with trace amounts of THC can still be sold if they meet MCA testing and labeling standards.
Compliance
Businesses not holding an MCA cannabis license must remove prohibited products from their premises.
Penalties
- Selling a product with a THC concentration higher than 0.5 mg per serving or 2.5 mg per package: Misdemeanor and up to $5,000 fine
- Selling any product that contains non-naturally occurring cannabinoids: Misdemeanor and up to $10,000 fine
21+ only
Sales to minors is illegal. No cannabis products are to be sold to minors under the age of 21. No exceptions.
Regulatory authorities
In Maryland, the regulation and oversight of cannabis activities are divided between two main authorities:
- The Maryland Cannabis Administration (MCA) oversees the licensed cannabis market
- The Maryland Alcohol, Tobacco, and Cannabis Commission (ATCC) enforces the laws related to unlicensed cannabis activities
Pending litigation: Maryland Hemp Coalition v. Wes Moore, et al.
- As of October 12, 2023, a Washington County Circuit Court Preliminary Injunction (Case No. C-21-CV-23-000348) halts certain cannabis reform provisions as applied to businesses operating lawfully before July 1, 2023.
- Please see ATCC Advisory 24-004 for further details. Up to date litigation information is available through the Maryland Judiciary Case Search.
- Please note, this does NOT apply to those who were not already lawfully selling hemp-derived products prior to July 1, 2023.