Appellate Court Rules Delta-8, Delta-10 THC Prohibited in Maryland
The Appellate Court of Maryland has ruled that intoxicating hemp-derived cannabinoids such as delta-8 and delta-10 THC are illegal under state law, upholding licensing requirements that restrict sales to state-licensed cannabis businesses.
The September 9 decision overturns a lower court injunction that had temporarily blocked the state from enforcing its licensing system against hemp businesses. The ruling delivers a major setback to the Maryland Hemp Coalition and other plaintiffs—farmers, retailers, and consumers—who challenged the Cannabis Reform Act (CRA) of 2023.
Court: Delta-8 and Delta-10 Have “Always Been Illegal”
Writing for the appellate panel, Judge Daniel A. Friedman clarified that Maryland law has consistently prohibited psychoactive hemp derivatives, regardless of federal ambiguity created by the 2018 Farm Bill.
“Hemp-derived psychoactive products, so-called delta-8 and delta-10 THC, are now and have always been illegal in Maryland,” Friedman wrote. “That the prohibition has been the subject of lax enforcement does not make it legal.”
The court emphasized that these cannabinoids are typically produced through chemical conversion processes rather than extracted in naturally occurring concentrations, which places them outside the scope of permissible hemp products under state law.
State vs. Federal Law
The ruling addressed confusion that arose after Congress passed the 2018 Farm Bill, which legalized hemp cultivation but did not regulate finished products. That gap led to an explosion of hemp-derived intoxicating products nationwide.
While the plaintiffs argued that the Farm Bill preempted Maryland’s stricter rules, the court disagreed. Since Maryland submitted its state hemp plan to the U.S. Department of Agriculture in 2020, the court said, the state retained authority to regulate its hemp market.
Rejection of Monopoly Claim
The Maryland Hemp Coalition also argued that the CRA created an unconstitutional monopoly by limiting sales of intoxicating cannabinoids to licensed cannabis businesses, in violation of Article 41 of the Maryland Declaration of Rights.
The appellate court dismissed the claim, finding that the plaintiffs failed to define a “relevant market” necessary to establish a monopoly case. The judges considered several possible market definitions, from all intoxicating products to only hemp-derived psychoactives, but found the coalition’s arguments too vague.
Furthermore, the court ruled that even if a monopoly existed, it would be justified under Article 41’s public interest exception, citing consumer safety, youth protections, and equity measures in cannabis regulation.
“The licensing requirement was reasonably required to protect the public health and fits within the public interest exception,” Friedman wrote.
Impact of the Ruling
The decision means that all businesses in Maryland must obtain a state cannabis license before selling intoxicating cannabinoid products, whether derived from marijuana or hemp. This effectively shuts down unlicensed sales of delta-8, delta-10, and other synthetic hemp-derived THC products that had flourished in convenience stores and smoke shops.
The ruling also reinforces Maryland’s broader regulatory framework for its adult-use cannabis market, which launched after voters approved legalization in 2022 and lawmakers followed up with detailed regulations in 2023.
A Turning Point for Hemp-Derived THC
The court’s decision reflects a trend across states to clamp down on intoxicating hemp products that emerged after the 2018 Farm Bill. With federal lawmakers still debating how to address hemp derivatives in the next Farm Bill, Maryland’s ruling signals a firm stance: intoxicating cannabinoids belong under regulated cannabis programs, not unlicensed hemp markets.
For hemp businesses in Maryland, the message is clear—sell only non-intoxicating CBD products without a cannabis license, or face enforcement.
OG source
