A Maryland Court Ruled That Hemp Delta-8 THC Is (Temporarily) Legal in the State

Delta-8 THC remains legal in Maryland after hemp industry win.

Written by

Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

CBD Oracle's Editorial Process

Fact checked byNeil Willner

Fact checked by

Neil Willner

Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

CBD Oracle's Editorial Process

CBD Oracle Fact Checking Standards

Our expert reviewers ensure that every article on CBD Oracle is factual and well-sourced. This tag means that the content has been independently reviewed by a qualified expert in a relevant field prior to publishing and before any major revisions, with a focus on accuracy and reliability. If we can’t source good evidence for a claim, we don’t publish it.


Learn more about our Editorial Guidelines.

Woman opening a delta-8 THC vape pen purchased in Maryland
Photo: CBD Oracle
Advertisement for THCA flower

In October 2023, a Maryland judge ruled that the state’s latest hemp laws created a monopoly for the cannabis industry, and prevented them from being enforced. This leaves the legal status of delta-8 THC in Maryland a little uncertain, but until the case is resolved, the cannabinoid remains legally available to adults according to state law.

With all of the current confusion around state law, it’s a good idea to find out about the law as it stands today if you’re going to buy or sell delta-8 THC in the state.  

Delta-8 THC is legal to sell as hemp in Maryland, after a judge temporarily prevented the state from confining the cannabinoid to the legal cannabis industry. 

Maryland legalized hemp in line with the 2018 Farm Bill through House Bill (HB) 1123, with the same definition of hemp (section 14–101(c)(1)), but further bills added restrictions. Firstly, Senate Bill (SB) 778 added age restrictions for delta-8 and delta-10 THC products, and secondly, HB 556 (which legalized marijuana in the state) added restrictions that exclude all delta-8 THC products from being sold as hemp. 

HB 556 states (Section 36–1102(B)(1)) that any product that contains more than 0.5 mg of any THC per serving or more than 2.5 mg per package can only be sold by a licensed cannabis dispensary. This would likely include every single commercial delta-8 THC product on the market, and even many CBD products too. The Maryland Hemp Coalition sued the state over this law, essentially arguing that it creates a monopoly for licensed marijuana dispensaries, and won a temporary injunction against the law in October 2023.

This means the THC cap can no longer be enforced until the legal action is resolved. Delta-8 THC therefore remains legal hemp in the state (under HB 1123 and SB 778) for the time being. 

RELATED: Where Is Delta-8 THC Legal? A State-by-State Guide 

Can You Buy Delta-8 THC in Maryland? 

For a few months, delta-8 THC could only legally be sold by licensed dispensaries in Maryland, but after the October 2023 court ruling, it can temporarily be sold as hemp again. Additionally, even during those few months, some stores appeared to still sell delta-8 products illegally. 

RELATED: The Best Delta-8 THC Brands, Reviewed

Delta-8 Alternatives You Can Legally Buy in Maryland 

Following the October 2023 injunction, other hemp derivatives such as delta-7, delta-10 or other isomers of THC can legally be sold as hemp again. Additionally, marijuana itself is legal to sell in Maryland. 

Are There Age Restrictions on Delta-8 THC Products? 

Following the passage of SB 778, you must be at least 21 years old to purchase delta-8 THC products in Maryland (section 10–108(A)/page 5). 

Can You Travel to Maryland With Delta-8? 

Traveling to Maryland with delta-8 THC is legal. 

The state still defines hemp in line with the 2018 Farm Bill, and possession is not limited. Since hemp-derived delta-8 THC is not generally considered to be a controlled substance at the federal level, this means you can bring it into or out of Maryland without issues (including on flights). However, it is a good idea to bring a Certificate of Analysis (COA) that proves your product is legal hemp.   

Closing Thoughts: The Future for Delta-8 in Maryland 

Although the injunction against the state temporarily removes the THC limit on hemp products, the case is ultimately still ongoing. This will remain the main source of uncertainty for delta-8 THC in Maryland, alongside the 2023 Farm Bill.

Lawmakers in Maryland are still concerned about the lack of regulation around delta-8 THC following the temporary injunction, and the issue would not be settled even if the final ruling comes down against the state. It’s likely that even if the 2023 Farm Bill doesn’t change the situation for delta-8 THC, the state will come up with a regulatory scheme for hemp that doesn’t create a monopoly for the cannabis industry. 

This is definitely a state to keep an eye on over the coming year.