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Is CBD Legal in Maryland? State Hemp Rules in 2026

Maryland limits THC to 0.5 mg per serving and 2.5 mg per package outside licensed cannabis shops. Hemp rules and court rulings, checked November 2, 2026.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 2, 2026, Maryland law bars anyone without a cannabis license from selling a product for human consumption or inhalation that has more than 0.5 mg of THC per serving or 2.5 mg per package, with a narrow exception for certain hemp-derived tinctures. The law counts delta-8, delta-9 and delta-10 THC "regardless of how derived."[1]

In September 2025 the Appellate Court of Maryland wrote that hemp-derived psychoactive products, so-called delta-8 and delta-10 THC, "are now and have always been illegal in Maryland." On January 28, 2026, the Supreme Court of Maryland denied the hemp coalition's petition for review.[2, 3]

At a glance

Is CBD Legal in Maryland? State Hemp Rules in 2026
TopicStatus
Is CBD legal?We did not find a Maryland statute that sets a separate rule for CBD itself. The THC thresholds apply to any product meant for people to eat, drink or inhale. Such a product can be sold without a cannabis license only if it has no more than 0.5 mg of THC per serving and 2.5 mg per package. A hemp-derived tincture is also allowed if the CBD-to-THC ratio is at least 15 to 1, with 2.5 mg or less of THC per serving and 100 mg or less per package, and the seller provides samples for testing as the Cannabis Administration requires. Food has its own rule, described in the next row.[1]
Hemp definition and THC limitMaryland's Agriculture Article defines hemp as Cannabis sativa L. and its derivatives, extracts, cannabinoids, isomers, acids and salts with a delta-9 THC concentration that does not exceed 0.3 percent on a dry weight basis. Plants or parts intended for a use regulated under the state's medical cannabis law are excluded. This definition names delta-9 THC, not total THC.[4]
CBD in food and drinksThe Maryland Department of Health says it is unlawful to make, sell or offer in commerce any food containing cannabis, CBD, THC or intoxicating cannabis-related products, and treats those foods as adulterated. Licensed food facilities cannot add CBD to food. Cannabis-licensed businesses follow separate standards.[1, 5]
Intoxicating hemp products (delta-8, THCA flower and similar)The Appellate Court of Maryland held that hemp-derived psychoactive products, 'so-called delta-8 and delta-10 THC,' are illegal in Maryland. That statement is about delta-8 and delta-10 products, not THCA. Separately, the code bars anyone from selling a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents, with a fine of up to $10,000. We could not find a Maryland rule that addresses THCA flower by name.[1, 2]
Minimum ageThe age rule we found covers products above the 0.5 mg and 2.5 mg thresholds: they may not be sold or distributed to anyone under 21. State criminal law also bars selling delta-8 or delta-10 THC products to anyone under 21. We did not find a statewide minimum age for products at or below the thresholds as of November 2, 2026.[1, 6]
Who can sell itProducts above the thresholds may be sold only by businesses licensed under § 36-401 of the Alcoholic Beverages and Cannabis Article. Violators can be cited and, on conviction, fined up to $5,000. A 2025 law (SB 214) also bars selling a product that is advertised as containing more than the threshold amounts and lets the state Alcohol, Tobacco, and Cannabis Commission seize unlawful products.[1, 6, 7]
Labels and lab testingLicensed cannabis products must meet manufacturing, laboratory testing, packaging and labeling standards set under § 36-203. We could not confirm the specific label, packaging and testing standards in official sources as of November 2, 2026. Hemp tinctures sold under the exception must be supplied as samples for potency and contaminant testing when the Administration requires it.[1]
Medical and adult-use marijuanaBoth are legal and regulated by the Maryland Cannabis Administration. Adult-use sales began July 1, 2023.[6]
November 12 and December 11, 2026Maryland's hemp definition in Agriculture § 14-101 is written in state terms (delta-9 THC, 0.3 percent) and does not point to the federal definition. The 0.5 mg and 2.5 mg limits in § 36-1102 apply to any THC product, hemp-derived or not, so they do not depend on the federal hemp definition. It may be that a federal change leaves these Maryland limits as they are, because they do not depend on the federal text. That is our reading, not an official statement. We did not find state guidance on the federal change as of November 2, 2026.[1, 4]

How Maryland defines hemp

Maryland's Agriculture Article, § 14-101, defines hemp as the plant Cannabis sativa L. and any part of it, including all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 THC concentration that does not exceed 0.3 percent on a dry weight basis.[4]

The definition leaves out any plant or part intended for a use regulated under the Health-General Article's medical cannabis subtitle.[4]

THC limits for consumable and inhalable products

Under § 36-1102 of the Alcoholic Beverages and Cannabis Article, a person may not sell or distribute a product intended for human consumption or inhalation with more than 0.5 mg of THC per serving or 2.5 mg per package unless licensed under § 36-401 and the product meets state standards.[1]

The law defines THC broadly. It includes delta-8, delta-9 and delta-10 THC 'regardless of how derived,' any other cannabinoid (except CBD) that the Cannabis Administration determines to cause intoxication, and chemically similar compounds the Administration identifies.[1]

A hemp-derived tincture is not a violation if the CBD-to-THC ratio is at least 15 to 1 and it has 2.5 mg or less of THC per serving and 100 mg or less per package. A tincture is a solution dissolved in alcohol, glycerin or vegetable oil and distributed in a dropper bottle of 4 ounces or less.[1]

Selling a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents is prohibited, with a fine of up to $10,000. Violating the THC limits can bring a fine of up to $5,000.[1]

Court rulings and enforcement

On September 9, 2025, the Appellate Court of Maryland reversed a preliminary injunction against enforcing § 36-1102 for persons who sold hemp-derived psychoactive products before the Cannabis Reform Act. In its opinion the court wrote that hemp-derived psychoactive products, so-called delta-8 and delta-10 THC, 'are now and have always been illegal in Maryland.' The Maryland Cannabis Administration published a notice about the ruling on September 18, 2025.[2, 8]

On January 28, 2026, the Supreme Court of Maryland denied the hemp coalition's petition for certiorari (Pet. No. 311). The order gives no reasons, and it is not a Supreme Court ruling on the merits of the case.[3]

Senate Bill 214 was approved by the governor on April 8, 2025 (Chapter 58) and took effect July 1, 2025. Per the legislature's fiscal note it bars selling products advertised above the threshold, lets the Alcohol, Tobacco, and Cannabis Commission seize unlawful products, and treats displaying THC products for sale as prima facie evidence of selling them.[6, 7]

Food and drinks

The Maryland Department of Health says foods containing cannabis, CBD, THC or intoxicating cannabis-related products are adulterated and unlawful to make or sell. It cites the lack of FDA recognition of these substances as food additives and says this applies whether or not they are hemp-derived.[5]

Medical and adult-use marijuana

Maryland's Cannabis Administration regulates both medical and adult-use cannabis. Adult-use sales started on July 1, 2023, and adult-use sales carry a 9 percent sales and use tax.[6]

As of November 2, 2026, we did not find a 2026 Maryland law that changed the 0.5 mg and 2.5 mg thresholds. A 2026 law (Senate Bill 820, Chapter 355, effective July 1, 2026) lets the Alcohol, Tobacco, and Cannabis Commission seize certain unauthorized consumable products such as kratom, tianeptine and phenibut products. It does not change the THC thresholds. Bills on a hemp manufacturing license (HB 1631 and SB 994) and on cannabinoid beverage permits (SB 1008) had not passed on the General Assembly site.[9, 10, 11, 12]

How the federal change may affect Maryland

Maryland's hemp definition names delta-9 THC at 0.3 percent and does not refer to federal law. Its consumer-product limits apply to THC in any product, however derived. It may be that these Maryland rules stay the same on November 12 and December 11, 2026. We read the text this way. State officials have not published guidance on the federal change that we could find.[1, 4, 13, 14]

What changes next

  1. First federal hemp-definition date

    Federal timing for part of the new hemp definition. Maryland's limits are written in state terms, so we did not find a direct link.[1, 4]

  2. Second federal hemp-definition date

    Federal timing for the rest of the change, unless Congress delays it again. Same note applies.[1, 4]

Who regulates hemp and CBD

Timeline

  1. Adult-use cannabis sales begin

    Adult-use sales started under the 2023 cannabis laws, with the Cannabis Administration as regulator.[6]

  2. SB 214 signed (Chapter 58)

    Adds enforcement tools and limits on advertising and selling THC products above the thresholds; effective July 1, 2025.[6, 7]

  3. Appellate Court of Maryland ruling

    Reversed a preliminary injunction against enforcing § 36-1102 and wrote that delta-8 and delta-10 hemp-derived psychoactive products are illegal.[2, 8]

  4. Supreme Court of Maryland denies review

    The court denied the Maryland Hemp Coalition's petition for certiorari, Pet. No. 311. The order gives no reasons.[3]

Sources

Show 14 references
  1. Md. Code, Alcoholic Beverages and Cannabis § 36-1102 (2026 Regular Session statute text)
  2. Governor Wes Moore, et al. v. Maryland Hemp Coalition, Inc., et al., No. 1590, September Term, 2023 (Appellate Court of Maryland, Sept. 9, 2025)
  3. Order, Supreme Court of Maryland, January 28, 2026 (Pet. No. 311, Maryland Hemp Coalition, Inc., et al. v. Wes Moore, et al.)
  4. Md. Code, Agriculture § 14-101
  5. Cannabis and CBD in Foods (Maryland Department of Health, Office of Food Protection)
  6. SB 214 Fiscal and Policy Note, Third Reader - Revised (Department of Legislative Services, 2025 Session)
  7. SB 0214 (2025 Regular Session), Chapter 58 - Maryland General Assembly
  8. NOTICE: Update on Intoxicating THC Products (Maryland Cannabis Administration, September 18, 2025)
  9. SB 820 (2026 Regular Session), Chapter 355 - Maryland General Assembly
  10. HB 1631 (2026 Regular Session) - Maryland General Assembly
  11. SB 994 (2026 Regular Session) - Maryland General Assembly
  12. SB 1008 (2026 Regular Session) - Maryland General Assembly
  13. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  14. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.