2021 Update
No new updates have been made on hemp and CBD laws in Maryland.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Maryland Hemp Laws and the legality of CBD in Maryland, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Maryland
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Maryland?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
CBD hemp products are legal in Maryland as long as they do not combine CBD with food or drinks and fall within FDA guidance.
Is It Legal to Ship PCR Hemp Oil to Maryland?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Maryland?
If you are looking to buy CBD in Maryland, you can do so online or in a store.
Do you need a special license to purchase PCR Hemp Oil in Maryland?
You don’t need a special license to purchase CBD hemp oil (all types) in Maryland, only to grow, test, or sell products.
How Does Maryland Legally Define Hemp?
Industrial hemp means 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 percent on a dry weight basis.
Title 15. Maryland Department of Agriculture. Chapter 15.01.16. Industrial Hemp Pilot Program.
Growing and Selling Hemp in Maryland
Maryland hemp growers and handlers must be registered and licensed with the state. Under Maryland hemp laws, hemp can be cultivated as part of The Maryland Industrial Hemp Research Pilot Program. Hemp and CBD products must comply with Maryland hemp laws:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
In addition to Maryland state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. Maryland hemp laws defer to the FDA when it comes to the legality of selling CBD products. This means that CBD products that combine CBD with food or drink (CBD gummies, CBD chocolate, CBD soft drinks) are not legal in Maryland.
Maryland state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Like many states, Maryland is trying to figure out how to regulate CBD products in a way that pleases the FDA, consumers, farmers, manufacturers, and retailers. And also like many states, CBD products are widely available despite their contested legal status. Like Nebraska, Montana, and other state hemp laws, Maryland defers to the FDA's guidance when it comes to the legality and sale of CBD products.
The most unusual aspect of the CBD industry in the US is how such a massive and profitable industry can languish without clear regulation across 50 states with 50 different unique requirements. How long will this hemp market madness keep up? No one truly knows, but it will surely take some time for the federal government to get itself together amid its numerous other problems.
