Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, Maryland chose to legalize the production and sale of certain hemp-derived THC and CBD products.
Maryland House Bill 803 made hemp and CBD production, possession, and sale lawful in the state. The only requirement was that anyone interested in processing any part of the plant must register with the state.
House Bill 443 was enacted by state lawmakers in 2016. This bill expanded industrial hemp growth and production by enabling educational institutions to cultivate hemp for research reasons.
In 2018, state lawmakers approved House Bill 698, which broadened the existing statute even more. This bill authorized the distribution and processing of hemp nationwide.
In April, 2019, Governor Larry Hogan signed House Bill 1123 which legalized commercial hemp farming. The most major changes under HB 1123 were the implementation of a Hemp Production Program. The new program will allow growers who meet the requirements in the state's hemp production plan to cultivate hemp without participating in the research program.
The Maryland Department of Agriculture has adopted new regulations that extended the state's industrial hemp program as of November 1, 2020. The regulations brought the state's program in line with the terms of the 2018 US Farm Bill and established industrial hemp as an agricultural commodity.
Growers in Maryland who want to produce hemp can do so through one of two programs: the Maryland Hemp Farming Program or the Maryland Hemp Research Pilot Program.
Medical Marijuana in Maryland
The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.
While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.
Maryland has a medical marijuana program. Maryland medical marijuana program, also known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational in December 2017. The medical marijuana program removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess “valid documentation” from their physician affirming that he or she suffers from a debilitating condition and that the “potential benefits of the medical use of marijuana would likely outweigh the health risks.”
According to Maryland state regulations:
- Patients possession limits: Patients entered in the state’s voluntary patient database may possess: 30 day supply. Edible forms of cannabis are not permitted.
- Qualified medical marijuana patients and designated providers may purchase immature plants, clones, or seeds from a licensed producer. In order to purchase plants or clones the patients and providers must hold a recognition card and be entered in the medical marijuana authorization database.
Cannabis is legal for medical use in Maryland but illegal for recreational purposes. Possession of 10 grams or less is decriminalized.
Maryland’s Industrial Hemp Law
Sec. 1. Definitions—Marijuana and Industrial Hemp
(1) “Marijuana” means:
(i) all parts of any plant of the genus Cannabis, whether or not the plant is growing;
(ii) the seeds of the plant;
(iii) the resin extracted from the plant; and
(iv) each compound, manufactured product, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.
(2) “Marijuana” does not include:
(i) the mature stalks of the plant;
(ii) fiber produced from the mature stalks;
(iii) oil or cake made from the seeds of the plant;
(iv) except for resin, any other compound, manufactured product, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
(v) the sterilized seed of the plant that is incapable of germination; or
(vi) [the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a Delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis
(3) [“Industrial hemp”] “HEMP” means the plant Cannabis sativa L. and
any part of [such] THAT plant, INCLUDING ALL DERIVATIVES, EXTRACTS,
CANNABINOIDS, ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, whether growing or not, with a Delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.
NEW SECTION. Sec. 3—Hemp Farming Program
(1) Hemp be established as an agricultural commodity
(2) Hemp produced in accordance with this subtitle may be:
(I) Possessed in the state; and
(II) Sold, distributed, transported, marketed, manufactured, or processed in the state or outside the state
(A) There is a hemp farming program
(B) The purpose of the program is to:
(1) Promote the production of hemp in the stateR
(2) Promote the commercial sale of hemp products in the state or outside the state
(3) Facilitate the research of hemp and hemp products between institutions of higher education and the private sector; and
(4) Monitor and regulate the production of hemp in the state.
(C) The agricultural department shall administer the program.
In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in Maryland State if they meet the following criteria:
- Delta 9 THC in the product is derived from hemp
- The product contains 0.3% or less of THC by dry weight