US State

Cannabis and hemp laws

Maryland

Recreational and medical marijuana legal; THCA, delta-8, delta-10 and HHC illegal; hemp delta-9 restricted

Adult use
Legal
Medical
Legal
Last reviewed
May 27, 2026

Maryland

Cannabinoid status board

All states and compounds
No items found.

Maryland

Latest news and analysis

All news

FAQ

Common questions

Is marijuana legal in Maryland?

Recreational marijuana is legal in Maryland. Medical marijuana is legal.

Is THCA legal in Maryland?

No. THCA flower and other intoxicating hemp products are illegal at hemp retail in Maryland.

Is delta-8 THC legal in Maryland?

No. Delta-8 THC is illegal at non-dispensary retail in Maryland. The Appellate Court of Maryland held on September 9, 2025 in Governor Wes Moore, et al. v. Maryland Hemp Coalition, et al. that intoxicating hemp products including delta-8 are now and have always been illegal outside the Maryland Cannabis Administration (MCA) licensed dispensary system.

Is hemp-derived delta-9 THC legal in Maryland?

Restricted. Hemp-derived delta-9 THC products sold outside an MCA-licensed dispensary must stay at or below 0.5 mg of THC per serving and 2.5 mg per package, with a narrow tincture carve-out allowing 100 mg per bottle at a 15:1 or greater CBD:THC ratio.

This is general information, not legal advice.

Seed Legality

Dispensaries may sell up to 6 seeds per customer; adults may possess, share, and grow 2 plants per household.
Hemp seeds
Legal
Marijuana seeds
Legal
Sale
Restricted
Transacting
Legal
Gifting
Legal

Maryland Cannabis Administration dispensary guidance (updated Mar. 18, 2025) authorizes licensed dispensaries to sell home-cultivation products — seeds (capped at 6 per adult-use consumer), clones, and seedlings — under COMAR 14.17.18.06, while unlicensed commercial seed sales remain unlawful distribution. Adults 21+ may cultivate 2 plants per household under Md. Code, Crim. Law §5-601.2, and 'adult sharing' without remuneration is lawful under §5-601.1. Hemp seed (≤0.3% delta-9 THC) is legal to buy and possess, but cultivation requires a Maryland Department of Agriculture Hemp Farming Program license under the state's USDA-approved plan.

Key law:
Md. Code, Crim. Law §§5-601.1, 5-601.2; Md. Code, Alc. Bev. & Cannabis §36-1102; COMAR 14.17.18.06
Last reviewed:
July 3, 2026
Sponsored by
This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.