Overview: Maryland Hemp-Derived Product Restrictions 2025 Ruling
In September 2025, the Appellate Court of Maryland issued a pivotal decision upholding the state’s hemp‑derived product restrictions (Foley Hoag 2025; Law360). The ruling confirms that hemp businesses and retailers must comply with tightened controls, including minimum age of 21 for purchase, strict potency/milligram caps on THC, and additional product safety obligations. This article breaks down the decision, current enforcement, compliance best practices, and the future legal landscape.
H2: The 2025 Appellate Decision—What Was Decided?
On September 9, 2025, in Moore v. Maryland Hemp Coalition, the Appellate Court removed injunctions that had previously allowed the sale of certain hemp-derived intoxicants while legal challenges proceeded. Now, the state’s law is fully enforceable while litigation continues on its merits (Frier Levitt).
Key Holdings:
- Maryland may restrict or ban intoxicating hemp-derived substances (e.g., delta-8, delta-10) under state law.
- Retailers must operate under the Maryland Cannabis Reform Act, not the more permissive federal 2018 Farm Bill baseline.
- Social and public health considerations justify the law, including aiming to prevent youth access and accidental ingestion.
Why Does It Matter?
- Maryland joins a growing list of states moving far beyond the 2018 Farm Bill, reflecting federal circuit trends that allow states to impose stricter local controls.
- The ruling is a green light for broad enforcement and will shape how multistate brands operate in Maryland.
H2: Rule Text—Age-21 Limit and THC Milligram Caps
Maryland’s restrictions, supported by updated ATCC guidance and the Maryland Cannabis Administration, include the following:
H3: Age-21 Access Rule
- No sale of hemp-derived cannabinoid products (including delta-8/10, HHC) to persons under age 21.
- Businesses must implement effective age gate protocols at point of sale and online checkout.
H3: THC Milligram and Product Restrictions (Effective July 1, 2025)
- Per-serving limit: No more than 0.5 mg total THC (delta-9, delta-8, delta-10, or other intoxicating isomers) per serving.
- Per-package limit: 2.5 mg total THC per package.
- Applies to all products not sold in licensed dispensaries (only registered dispensaries may exceed these limits).
- Any product above these thresholds must be sold through a licensed Maryland cannabis dispensary.
- Psychoactive hemp derivatives (delta-8, delta-10) may not be legally sold outside the regulated dispensary channel.
H2: Enforcement and Retail Inspections—ATCC’s Current Posture
With the appellate court removing injunctions, ATCC (Alcohol, Tobacco, and Cannabis Commission) and the Maryland Cannabis Administration are aggressively enforcing the new restrictions (ATCC Compliance Standards).
- Retail inspections at vape shops, convenience stores, and non-dispensary retailers.
- Product seizures of noncompliant goods found on shelves—including edibles, vapes, tinctures, and flower that exceed the new THC caps or are marketed for under-21 use.
- Civil and criminal penalties for unlicensed retail, including potential business closure, product forfeiture, and fines.
H3: What Is Lawful Post-Decision?
- CBD topicals, tinctures, and non-intoxicating hemp goods (containing under 0.5 mg THC/serving and 2.5 mg/package) are permitted for adults.
- Sales to anyone under 21 are banned.
- Most delta-8 and delta-10 products are prohibited unless sold in a licensed dispensary.
- All hemp-derived products must comply with the revised labeling and safety requirements (including batch testing, packaging with warning statements, and tamper-evidence where necessary).
To avoid citation or product loss, hemp retailers must act immediately. Here are the most urgent compliance steps for 2025:
H3: Action Steps
- Implement Strict Age Gates: Require government-issued ID for all in-store and online purchases; audit system performance regularly.
- Audit Inventory: Remove or return all products that do not meet the 0.5 mg/serving and 2.5 mg/package THC caps unless you are a licensed dispensary.
- Update Product Labeling: Ensure all labels accurately declare the THC content, serving size, batch, safety warnings, and intended age of use.
- Maintain Records: Be prepared for inspections—retain COAs (Certificates of Analysis), purchase documents, and proof of product testing.
- Educate Staff: Train employees on the new rules, product verification, and customer communication.
- Track Regulatory Developments: Monitor ATCC and Maryland Cannabis Administration for updates.
- Review formulations for Maryland-specific compliance.
- Segregate Maryland-bound inventory from products intended for states with higher THC caps.
- Coordinate with local counsel and compliance experts for risk review (note: this is informational, not legal advice).
H3: Possible Further Appeals
- While the appellate court’s decision allows state enforcement to proceed now, the case may continue at the Maryland Court of Appeals or even federal court.
- Future litigation could address constitutional claims (e.g., preemption by the 2018 Farm Bill, Dormant Commerce Clause, or anti-monopoly arguments).
H3: Legislative Changes on the Horizon?
- The General Assembly may revisit the statute in 2026, especially if litigation highlights unintended consequences or cross-border market issues.
- Maryland may adjust permissible milligram caps, revise retail licensing, or clarify distinctions between cannabis and hemp-derived products.
H3: National Impact
- Maryland’s stance mirrors tightening regulations in states like New York, Minnesota, and Kentucky. Regulatory divergence is likely to grow until federal action or new USDA/DEA guidance.
- Multistate operators must tailor compliance protocols by jurisdiction to avoid significant penalties and product loss.
H2: Takeaways for Cannabis Businesses and Consumers
- The age-21 rule and low milligram caps are the new minimum for all hemp-derived products in Maryland.
- Retailers not licensed by the Maryland Cannabis Administration must immediately adjust inventory, labeling, and access protocols.
- Civil and criminal enforcement is ramping up—compliance audits and legal readiness are mandatory.
- Non-intoxicating CBD products (e.g., topicals, most tinctures) remain accessible to adults if within the new caps.
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