Maryland’s Hemp Wars 2.0: Injunctions, Licensing Turf Fights, and the Fate of Delta‑8 Shops
Focus keywords: Maryland hemp 2025 lawsuit, intoxicating hemp injunction, delta-8 retail, cannabis licensing
Maryland’s cannabis and hemp landscape is at a crossroads in 2025. Following the rapid overhaul of state cannabis laws in 2023, a series of lawsuits, emergency court orders, and escalating regulatory crackdowns have pitted legacy hemp retailers against licensed cannabis dispensaries—and forced lawmakers to revisit the future of delta-8, delta-10, and other intoxicating hemp products. This blog will map the latest legal drama, explain what’s allowed today, and forecast where Maryland’s hemp industry is likely headed through 2026.
The 2023–2025 Regulatory Shift: From Green Rush to Legal Limbo
When Maryland’s Cannabis Reform Act went into effect, the state sought to restrict the sale of any hemp-derived product with intoxicating levels of THC (such as delta-8, delta-10, and even some full-spectrum CBD) to only licensed recreational dispensaries. However, hemp businesses—many of which had operated since the 2018 farm bill—were suddenly forced out or pushed to the legal margins. (source)
Lawsuits, Injunctions, and the Delta-8 Dilemma
In response, a coalition of hemp retailers and small businesses filed lawsuits in federal and state courts, challenging Maryland’s ban and licensing mandates. Their argument: the new law unfairly favors large cannabis companies, violates due process and commerce protections, and threatens the survival of family-run hemp shops.
By mid-2025, several courts had issued temporary injunctions allowing some hemp-derived intoxicating products—provided certain conditions are met—to remain on store shelves while litigation continues. But the resulting patchwork is volatile, with compliance and enforcement varying by county.
Current Injunctions: Which Hemp Products Are (Temporarily) Allowed?
- Delta-8, Delta-10, and Similar Cannabinoids: Injunctions have kept delta-8 and delta-10 products legal for sale at some hemp retailers. However, these sales are allowed only under strict interim rules: age restrictions are enforced, products must not make cannabis or medicinal health claims, and shops must display clear labeling and third-party test results (COAs).
- THC Content Limits: Maryland’s new regulations (and several pending bills) target products with more than 0.5mg THC per serving or any product marketed as "intoxicating." Courts have not overturned this threshold, but the full rule’s reach is in limbo.
- CBD and Non-Intoxicating Hemp: Non-intoxicating, clearly labeled CBD products remain generally available outside of dispensaries, but some retailers report seizures or warnings over full-spectrum extracts or mislabeling.
- Smokable Hemp & Edibles: These sit in a gray zone; many products are tolerated but could be seized without warning in the absence of strict compliance with age-gating and COA labeling.
(Detailed regulatory summary)
The Ongoing Lawsuit: Licensing System Under Fire
In June 2025, the Maryland Hemp Coalition filed a major federal lawsuit arguing that new laws requiring recreational cannabis licensing for the retail sale of federally legal hemp products are unconstitutional. The coalition contends Maryland’s system is "a blatant attempt to monopolize the hemp and THC-infused product market—benefiting a handful of state-licensed cannabis companies while forcing out small businesses." (Cannabis Equipment News)
State’s Response: Attorney General Defends Sovereign Immunity
The Maryland Attorney General’s Office has mounted a defense rooted in sovereign immunity, arguing that courts lack jurisdiction to intervene against state regulators and that the licensing restrictions are permissible under state authority to protect public health and safety. (Law360 report)
Industry Arguments: Due Process and Dormant Commerce Clause
Plaintiffs assert that restricting hemp product sales to dispensaries violates the federal Dormant Commerce Clause and constitutes unfair protectionism. They also emphasize due process concerns for hemp businesses who suddenly face criminal liability for previously permitted activities.
Injunction Scope and Limitations
- Temporary Relief: Some courts have granted, and others denied, temporary injunctions. As a result, the ability to sell intoxicating hemp products outside of licensed cannabis dispensaries varies, with the strongest protections for stores that can demonstrate robust compliance protocols (age-gating, labeling, etc.).
- Product Seizures & Warnings: Several counties, citing health risks and "youth access," continue to raid shops or seize products with marginal compliance errors, even in the face of injunctions. Legal uncertainty is high.
Compliance Guidance for Hemp Retailers (2025)
Until the lawsuits conclude or new rules are enacted, compliance is crucial for any hemp retailer seeking to remain operational in Maryland. Here are the current best practices:
1. Clear and Accurate Labeling
- All hemp-derived products (including delta-8/delta-10) require clear labeling showing total THC per serving and per package.
- Labels must not make unsubstantiated health or intoxication claims.
- Products with more than 0.5mg delta-9 THC per serving should not be sold without a dispensary license (check updates regularly).
2. Third-Party Certificates of Analysis (COAs)
- Display a current COA for each batch/product, showing cannabinoid content, contaminants, and lab testing results.
- Make COAs accessible at point of sale and, where possible, with QR codes on packaging.
3. Age-Gating: 21+ Only
- All products remotely considered intoxicating—delta-8/10, high-strength CBD, etc.—should be sold only to those age 21+.
- Implement robust ID checks at retail; online sales should require age verification and signature upon delivery.
4. Retailer Registration and Notifications
- Register with the state, if required, and watch for new permitting guidance (which may be retroactively enforced if the legislature acts quickly in 2026).
- Maintain a compliance binder: copies of all COAs, labeling proofs, age-verification logs, and notices from county regulators or ATCC.
(Full compliance standards)
With litigation dragging and the 2025 session in full swing, several legislative solutions are under discussion:
1. Dispensary-Only Pathway
A push by some lawmakers (backed by the licensed cannabis industry) aims to limit all intoxicating products—regardless of source—to state-licensed dispensaries. This would end open hemp retail but raise prices and likely spur a gray/illegal market.
2. Distinct Hemp Licenses and Separate Permitting
Other legislators and industry groups are championing a distinct, regulated hemp channel. This system would:
- Require a separate, lower-cost hemp retail or product permit (with renewal and inspection).
- Set potency caps (mg/THC/serving and package), especially for edible/ingestible forms.
- Mandate third-party testing, child-resistant packaging, and similar guardrails as for cannabis.
- Potentially allow local government input on shop density and zoning.
3. Age-21, Potency Caps, and Taxation
Across all legislative models, expect at minimum:
- A 21+ age minimum for hemp product purchase.
- Clear potency/mg caps for any product that can be considered intoxicating.
- A likely excise tax on intoxicating hemp retail, earmarked for enforcement or health education.
Risks and Opportunities for Businesses & Consumers
- Short-Term: While injunctions remain, hemp retailers must walk a legal tightrope—strict compliance is their main defense, but any shift in court rulings could endanger their business overnight.
- Medium-Term: The 2026 legislative session will likely bring more clarity, and possibly, a distinct legal channel for the sale of regulated hemp.
- Long-Term: Those who build rigorous compliance operations today will be best positioned to secure new hemp retail permits or pivot into the licensed cannabis market as Maryland’s model matures.
Key Takeaways
- Maryland hemp and delta-8 retailers are in legal limbo due to ongoing lawsuits challenging new licensing rules.
- Courts have granted some injunctions—but these only provide partial, temporary relief, and enforcement varies widely by county.
- Retailers must follow rigorous labeling, COA, and age-verification protocols to mitigate risk.
- The 2025–2026 legislative session will likely decide whether intoxicating hemp retail survives as a regulated channel or is absorbed into the dispensary model.
For up-to-the-minute compliance bulletins, licensing advisories, and Maryland regulatory alerts, visit CannabisRegulations.ai and subscribe to our compliance toolkit. Stay ahead of the curve—your business and your customers depend on it!
