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Although the federal government has established its stance on industrial hemp, CBD laws vary by state. Is CBD legal in Maryland? Yes, CBD oil is legal in Maryland, even for those without a medical marijuana card.
Maryland was ahead of the curve, legalizing industrial hemp before the 2018 Farm Bill. However, not all forms of CBD are legal in the state, so it's important to understand the details surrounding CBD oil, CBD gummies, and zero-THC CBD oil in Maryland.
Here's everything you need to know before you buy CBD oil in Maryland.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Maryland?
Is full spectrum CBD legal in Maryland?
Does Maryland have a CBD possession limit?
Can doctors prescribe CBD in Maryland?
Where to buy CBD in Maryland?
What’s the legal age to buy CBD in Maryland?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Maryland's hemp laws, established in response to the 2014 Farm Bill, broadly legalize the cultivation and processing of hemp and hemp-derived products like CBD, though they poorly regulate the market and explicitly prohibit the sale of CBD food products and dietary supplements.
Here are the details:
In response to the 2014 Farm Bill, Maryland passed HB 803 in 2015, a bill that reclassified hemp as a separate substance from "marijuana." The new definition aligned the state with the federal definition used today. Hemp is considered to be any cannabis product containing 0.3% THC or less.
The bill broadly legalized the cultivation and processing of hemp and hemp-derived products, including CBD, so long as the manufacturers obtained the proper license from the state. It only vaguely touched on the sale or quality requirements for hemp-derived products, leaving the CBD market accessible but poorly regulated.
In 2016, the state passed HB 443 to broaden access to industrial hemp as an agricultural commodity and research crop, making it legal for educational institutions to obtain a hemp license for research purposes.
This bill was further expanded with HB 698 in 2018, where the state finally laid provisions for the marketing and sale of hemp-derived products within the state and across state lines.
Although these laws still make it difficult to navigate the state’s stance on the type of CBD products that are legal for sale and use, the Maryland Department of Health specifically states that it is “unlawful under the Food Drug and Cosmetic Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.”
Similar laws have been adopted in other states, like Georgia, California, Hawaii, and Louisiana, but they generally haven’t dampened access to CBD products.
In other words, CBD is legal in Maryland, but it is currently illegal for manufacturers to make or sell CBD food products and dietary supplements. The laws do not define penalties for consumers who buy CBD products made in other states.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.
Luckily, Maryland aligns with federal regulations regarding CBD. Full spectrum CBD is legal in Maryland as long as it meets the state’s general requirements for CBD, like containing less than 0.3% THC.
To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are only accessible for medical patients in Maryland.
In Maryland, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In Maryland, there are multiple regulations that affect the manufacture and sale of CBD products, and only licensed vendors are allowed to legally sell CBD. Still, CBD products are now widely available across the state and you may be able to find them in grocery markets and convenience stores.
However, the state fails to impose many regulations regarding the quality of hemp-derived CBD products. This lack of regulation can put consumers at risk.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Both federal regulations and state regulations fail to outline any legal age for buying CBD products. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
In Maryland, there are no laws to outline a legal age for buying CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Kentucky.
Yes, recreational CBD is legal in Maryland as long as it is derived from hemp containing 0.3% THC or less.
Yes, you can purchase CBD products from dispensaries without a medical cannabis card, but you may need a card to buy cannabis-derived products.
CBD is still illegal in a few states, including Idaho, South Dakota, and Nebraska, where strict regulations prevent the sale and use of CBD products.
Yes, CBD gummies are legal in Maryland, provided they are made from hemp and contain no more than 0.3% THC.
While you can bring CBD products on a plane, regulations vary by airline and state, so it's important to check TSA guidelines and state laws before traveling with edibles.
Yes, Delta 8 edibles are legal in Maryland as long as they are derived from hemp and comply with state regulations.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Maryland, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
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