Is THCA legal in Maryland? Maryland hemp, CBD, delta-8 and kratom laws

The law in Maryland

Maryland draws its line by milligrams, not by the plant. Agriculture Article section 14-101 defines hemp as cannabis with no more than 0.3 percent delta-9 THC on a dry weight basis, and the Cannabis Reform Act of 2023 keeps hemp and hemp products out of the definition of cannabis. But section 36-1102 of the Alcoholic Beverages and Cannabis Article, added by that act, bars anyone from selling a product meant to be eaten or inhaled that holds more than 0.5 mg of THC a serving or 2.5 mg a package unless the seller holds a cannabis license and the product meets the Cannabis Administration's manufacturing, laboratory testing, packaging and labeling standards.

For that section, THC means any tetrahydrocannabinol, including delta-8, delta-9 and delta-10, however it is made, plus any other cannabinoid except CBD that the Maryland Cannabis Administration finds intoxicating. A violation is a misdemeanor with a fine of up to $5,000. A separate subsection bars selling any cannabinoid product that is not derived from naturally occurring plant constituents, with a fine of up to $10,000.

1. May 3, 2023The governor approves the Cannabis Reform Act (HB 556, chapter 254), an emergency law that adds the 0.5 mg and 2.5 mg line in section 36-1102.
2. October 1, 2024Maryland's Kratom Consumer Protection Act (HB 1229, chapter 748) takes effect: age 21, label amounts and a 2 percent 7-OH cap.
3. July 1, 2025SB 214 (chapter 58) takes effect, letting the Commission cite sellers and seize THC products advertised over the limits.
4. September 9, 2025The Appellate Court of Maryland reverses the injunction that had limited enforcement against unlicensed hemp THC sellers.
5. July 1, 2026SB 820 (chapter 355) takes effect, letting the Commission seize noncompliant kratom and products over 1 mg of 7-OH a serving.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA, delta-8 and the 2025 ruling

Delta-8 and delta-10 count as THC under section 36-1102, so a delta-8 product over the line may be sold only in a licensed dispensary. The Cannabis Administration's hemp FAQ says hemp-derived products over 0.5 mg a serving or 2.5 mg a package must pass a full compliance panel covering THC isomers and derivatives and may be sold only in a dispensary's service area, while products at or under the line may be sold in its public area.

On September 9, 2025, in Moore v. Maryland Hemp Coalition, No. 1590, September Term 2023, the Appellate Court of Maryland reversed a Washington County preliminary injunction that had limited enforcement against unlicensed sellers. The Cannabis Administration's notice of September 18, 2025 quotes the court: hemp-derived psychoactive products, so-called delta-8 and delta-10 THC, are now and have always been illegal in Maryland.

THCA is harder to place. The hemp definition counts delta-9 alone, and section 36-1102 does not name THCA, though it reaches inhaled products. The Cannabis Administration's consumer label guide for licensed cannabis tells buyers to add THC and THCA to find total THC, but no statute, rule, Attorney General opinion or appeals court ruling we found says whether THCA hemp flower sold outside a dispensary falls under the line.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Age, licenses and enforcement

Section 36-1102 bars selling a product over the line to anyone under 21. Criminal Law section 10-108 adds its own rule for delta-8 and delta-10: no sale to anyone under 21, a defense for a seller who checked a government ID, and a duty for any seller's website to use an age screen. Its fines run $300, $1,000 and $3,000 for first, second and later violations within two years.

SB 214, approved on April 8, 2025 and in force since July 1, 2025 as chapter 58, gave the Alcohol, Tobacco, and Cannabis Commission's field officers power to issue citations. It made displaying THC for sale prima facie evidence of selling it, and it added section 36-1104, which bars selling a THC product that breaks the potency, packaging or labeling rules or is advertised, on its package or online, with more THC than section 36-1102 allows. The Commission's executive director may seize such products from unlicensed locations, and an unlicensed seller faces a fine of up to $5,000.

CBD tinctures and CBD in food

Section 36-1102 carves out one product type. A hemp-derived tincture, dissolved in alcohol, glycerin or vegetable oil and sold in a dropper bottle of 4 ounces or less, may hold up to 2.5 mg of THC a serving and 100 mg a package if its ratio of CBD to THC is at least 15 to 1. The seller must give the Cannabis Administration samples for potency and contaminant testing.

Food is different. The Maryland Department of Health's Office of Food Protection says it is unlawful for any establishment to make, sell or offer food containing cannabis, CBD or THC, because these are not generally recognized as safe food additives and such food is considered adulterated under Health-General section 21-256. It notes that hulled hemp seed, hemp seed protein and hemp seed oil are a different matter.

Kratom, kava, amanita and spores

Maryland's Kratom Consumer Protection Act, chapter 748 of 2024, took effect on October 1, 2024 and now sits in Health-General Title 21, Subtitle 2E. A retailer may not sell kratom to anyone under 21, may not sell a product with synthetic alkaloids or with 7-hydroxymitragynine above 2 percent of its alkaloids, and must print the amounts of mitragynine and 7-hydroxymitragynine on the label. The statute also bars selling a kratom product that does not meet its label disclosure rule or has not been recognized as a dietary ingredient or approved drug by the FDA, and it bars any claimed health benefit and marketing to minors.

SB 820, chapter 355 of 2026, approved on May 12, 2026 and in force since July 1, 2026, makes noncompliant kratom an unauthorized consumable product. The Commission may seize it, along with any product labeled or sold as holding more than 1 mg of 7-hydroxymitragynine a serving, and a retailer faces a fine of up to $5,000. We found no Maryland statute naming kava, amanita muscaria or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.