Maryland

Maryland runs one of the country’s tightest state-level frameworks on intoxicating hemp, and it is effectively closed to hemp beverage brands that are not licensed as Maryland cannabis operators. The operative rule sits in the Alcoholic Beverages and Cannabis Article §36-1102, which makes it unlawful for anyone without a Maryland Cannabis Administration (MCA) license to distribute a product intended for human consumption or inhalation that contains more than 0.5 mg of THC per serving or 2.5 mg of THC per package. The mg caps apply to hemp-derived and marijuana-derived THC alike, and they apply regardless of whether the product is sold at retail, shipped DTC, or given away in a promotional context. Because virtually every hemp-derived Delta-9 beverage on the national market contains 2.5mg to 10mg per can — well above the 2.5mg per-package cap — the practical effect is that hemp beverages must either be sold through an MCA-licensed cannabis dispensary or not sold in Maryland at all. Enforcement runs through the Alcohol, Tobacco, and Cannabis Commission (ATCC), which received substantially expanded seize-on-sight authority under SB 214/HB 12 (2025), commonly called the ‘THC Labeling Law.’ ATCC’s authority is codified in ABCA §36-203.1 and COMAR 14.17.18, which govern packaging, labeling, and safe-packaging standards. ATCC has stated publicly (May 2026 briefings to the Senate Finance Committee) that it uses packaging and product display as prima facie evidence of a violation, may seize products on sight, and pursues civil convictions carrying $5,000 fines per offense (up to $10,000 for synthetic THC products). In September 2025, the Maryland Court of Special Appeals upheld the mg caps and 21+ age requirement against an industry challenge, giving ATCC a clear runway for expanded statewide enforcement. The 2026 General Assembly did not loosen the caps: HB 1523 (Alcoholic Beverages Modernization Act), SB 820 (ATCC unauthorized consumable products enforcement), and HB 1519 (Cannabis Reform and Opportunity Act) all worked at the margins without touching §36-1102’s core mg limits. The 2025 session’s SB 215 removed a food-sales-tax exemption for cannabinoid beverages, ensuring that any compliant hemp beverage sold in Maryland now carries state sales tax. Medical cannabis patients access full-potency products through MCA-licensed dispensaries, and adult-use consumers 21+ have access to the state’s licensed cannabis market. Delivery of medical cannabis to qualifying patients through licensed dispensaries or registered delivery services was extended by SB 215 through June 30, 2026. For the federal cliff on November 12, 2026, Maryland is one of the states where Section 781 is largely a nonevent for hemp beverage brands: the state’s 2.5mg/package cap and MCA-licensure channel restriction already close the general-retail market. Section 781’s 0.4mg total-THC per-container federal ceiling is slightly tighter than Maryland’s per-package number, but the operative barrier remains the licensure requirement, which Section 781 does not disturb. The Maryland market post-cliff will look substantially like the Maryland market pre-cliff: any hemp beverage brand wanting distribution in the state needs to be a licensed Maryland cannabis operator, or accept that Maryland is closed.