Maryland’s courts and cannabis regulators have shut down what many people saw as a “hemp loophole.” The Appellate Court of Maryland ruled on September 9 that the state’s cannabis law is valid, that Delta-8 and Delta-10 THC were never legal in Maryland, and that only licensed cannabis dispensaries can sell intoxicating THC products.
Days later, the Alcohol, Tobacco, and Cannabis Commission (ATCC) issued a statewide warning. That means gas stations, vape shops, smoke shops, and convenience stores in Calvert, Charles, and St. Mary’s Counties can no longer sell high-THC hemp products without a license.
What This Means for Shoppers
No more Delta-8 or Delta-10: Those gummies, vapes, and cartridges that popped up at corner stores are illegal.
Potency limits matter: Any product with more than 0.5 milligrams of THC per serving or 2.5 milligrams per package must come from a licensed dispensary.
Safer packaging and labeling: Products must now follow strict rules—childproof packaging, no cartoon designs, clear THC warnings, and lab test results available by QR code.
Fines: Up to $5,000 for each violation, and up to $10,000 for selling synthetic THC products like Delta-8.
Products seized: ATCC agents can take items off shelves immediately.
Criminal charges: Selling intoxicating THC without a license can result in criminal prosecution.
Who Enforces These Rules
The ATCC has its own inspectors and can issue fines, seize products, and bring cases. But when it comes to criminal drug laws—called Controlled Dangerous Substances (CDS) in Maryland—local, state, or even federal police can also step in.
Right now, it’s not clear if police agencies in Southern Maryland are actively enforcing these new rulings. The ATCC says it is expanding inspections statewide, but there has been no confirmation yet about local sheriff’s offices or police departments taking part.
What’s Still Legal to Buy
CBD and other non-intoxicating hemp products are still allowed if they stay under the state’s THC limits.
Anything stronger must be purchased through a licensed dispensary, just like marijuana products.
Quick Q&A for Shoppers
Can I still buy CBD?
Yes. CBD and other hemp products that do not cause intoxication are still legal, as long as they meet the state’s strict labeling and packaging rules and stay under the THC limits.
What happens if I’m caught with Delta-8?
Selling it is now illegal, but possession is a gray area. Because Delta-8 and Delta-10 are considered illegal THC products, you could run into problems if police treat them like marijuana.
Why did stores sell Delta-8 for so long?
After the 2018 federal Farm Bill legalized hemp, Delta-8 and Delta-10 products spread quickly. Maryland hadn’t been enforcing its ban while the court case was pending. That’s now over.
Can stores keep selling Delta-8 if they change the label?
No. The court ruled these products are banned no matter what the package says.
