Overview
Senate Bill 0214 (CH0058) and House Bill 0012 (CH0057) are a significant step in Maryland’s continued effort to regulate the sale and distribution of intoxicating tetrahydrocannabinol (THC).
This law empowers the Alcohol, Tobacco, and Cannabis Commission (ATCC) to address the wide range of THC products sold outside of the state’s licensed cannabis system. These include Delta-8-THC, Delta-9-THC, Delta-10-THC, and other lab-made forms of THC that can cause intoxication.
These products are often found in gas stations, vape and tobacco shops, and convenience stores. Because they typically lack regulatory oversight, they pose risks to public health and safety. Many of these products are not labeled clearly, do not come in child-safe packaging, or are misleading in how they are presented.
This legislation requires that all THC products intended for human consumption or inhalation follow the same packaging, labeling, and manufacturing standards used by licensed cannabis dispensaries regulated by the Maryland Cannabis Administration (MCA).
Alcoholic Beverages and Cannabis Article (ABCA) §36–203.1 and COMAR 14.17.18. define the standards for safe packaging and labeling. These laws and regulations promote public health and ensures a consistent standard of consumer safety for cannabis related products across Maryland.
What Counts as an Intoxicating THC Product
Under Maryland law, a THC product is considered intoxicating if it is intended for human consumption or inhalation and contains:
- More than 0.5 milligrams of THC per serving, or
- More than 2.5 milligrams of THC per package
This includes:
- Delta-8-THC
- Delta-9-THC
- Delta-10-THC
- Any other cannabinoid that causes intoxication (excluding CBD)
- Any similar lab-made compound identified by the MCA
Products over these thresholds must be sold through a licensed dispensary and meet all state packaging and labeling requirements. Otherwise, they are considered non-compliant and subject to enforcement by the ATCC.
How the Law Affects You
Products containing intoxicating levels of THC, even those sold outside the licensed cannabis market, must meet the packaging and labeling requirements under ABCA §36–203.1 and COMAR 14.17.18.
Authorizes Enforcement
The ATCC’s Field Enforcement Division (FED):
- May issue citations for violations
- Has authority to seize, destroy, or confiscate non-compliant products
- May use the packaging and labeling of a product and the manner in which it is displayed as prima facie evidence of a violation
- May rely on the labeling of the product and is not required to chemically test the product before taking enforcement action
- Has the authority to enforce sales of Delta-8 or Delta-10 THC products to anyone under 21 are prohibited under Criminal Law Article §10-108
Creates Penalties
Unlicensed businesses selling non-compliant products are subject to misdemeanor charges and fines up to $5,000.
Packaging and Labeling Standards Now Universally Required for THC Products
All THC products sold in the State of Maryland must comply with the packaging and labeling standards set by the MCA.
Packaging
Must be child-resistant and tamper-evident
Cannot contain images appealing to children (e.g., candy, cartoons, animals, toys)
Must avoid mimicking trademarked commercial products
Must not use insignia that imply state or local government endorsement
Labeling
- Must include a finished product lot number and expiration date (if applicable)
- Must include all warning labels required by law and MCA regulations.
- Must provide a Certificate of Analysis via QR code or link
- Must list the name, address, and phone number of the selling dispensary
- Must itemize all cannabinoid ingredients and weights
- Must display the MCA approved cannabis symbol on the front of the package
For complete packaging and labeling standards, refer to:
- MCA Packaging and Labeling Requirements Guidance: This document explains what must be included on all cannabis packaging and labels, including child-resistant closures, QR codes for lab results, and required warnings.
- ABCA §36–203.1: This section of Maryland law establishes packaging and labeling requirements for all cannabis products sold in the state, including those not sold through licensed dispensaries.
- COMAR 14.17.18.02 General Packaging Requirements: Describes how packaging must be tamper-evident, child-resistant, and free from branding or imagery that could mislead consumers.
- COMAR 14.17.18.03 General Labeling Requirements: Lists all mandatory label components, including product identity, batch information, THC content, health warnings, and a universal symbol.
- COMAR 14.17.18.04 Medical Cannabis Product Packaging and Labeling: Details additional requirements for medical cannabis packaging to ensure proper dosing information and safety instructions for patients.
- COMAR 14.17.18.05 Edible Cannabis Product Packaging: Specifies how edible cannabis must be packaged to distinguish it from regular food, prevent accidental ingestion, and ensure accurate serving size labeling.
- COMAR 14.17.18.07 Prohibited Packaging and Labeling: Prohibits certain packaging features, such as imagery that appeals to children, unsubstantiated health claims, or logos that imply government approval.
Regulatory Authorities
In Maryland, the regulation and oversight of cannabis activities are divided between two main agencies:
- The Maryland Cannabis Administration (MCA) oversees the licensed cannabis market and establishes statewide packaging and labeling standards.
- The Alcohol, Tobacco, and Cannabis Commission (ATCC) enforces cannabis laws as they apply to unlicensed THC products.
Criminal violations related to controlled dangerous substances (CDS) are enforced by Federal, State, and local police.
To submit a tip regarding violations or non-compliance, visit: https://atcc.maryland.gov/tips
