Maryland Hemp Businesses Face New Restrictions as Court upholds Licensing Law, Bans Delta-8 & delta-10 THC
Annapolis, MD – A recent ruling by the Maryland Appellate Court has significantly altered the landscape for hemp-derived products in the state. On September 9th, the court affirmed the legality of a state law requiring businesses to obtain a license to sell hemp-derived products, and crucially, declared both Delta-8 and Delta-10 THC illegal.
The decision reverses a previous ruling by a lower court that had granted a preliminary injunction to the Maryland Hemp Coalition, along with several hemp retailers, producers, farmers, and consumers. These groups had challenged the licensing requirement established under the Cannabis Reform Act (CRA),passed by the Maryland General Assembly in 2023 to regulate the state’s burgeoning adult-use cannabis market.
The injunction, now lifted, had temporarily prevented state officials from enforcing the CRA’s licensing stipulations for businesses selling intoxicating hemp products. This meant companies could operate without the licenses the state was attempting to implement.
The court’s ruling effectively validates the state’s authority to regulate the hemp industry, particularly concerning products containing psychoactive cannabinoids like Delta-8 and Delta-10 THC. These compounds, frequently enough found in hemp-derived products marketed for their intoxicating effects, are now explicitly prohibited under Maryland law.
This development represents a major setback for businesses currently operating in the gray area of the hemp market, and signals a move towards stricter control over the sale of intoxicating hemp-derived products in maryland. Industry stakeholders are now bracing for the implications of the ruling and the need to comply with the state’s licensing requirements.
You can read the full court ruling hear: https://www.mdcourts.gov/data/opinions/cosa/2025/1590s23.pdf
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