MD
Maryland House Bill HB12

Maryland 2025 Regular Session

Maryland House Bill HB12 Compare Versions

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1- WES MOORE, Governor Ch. 57
21
3-– 1 –
4-Chapter 57
5-(House Bill 12)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0012*
89
9-Cannabis – Sale and Distribution – Tetrahydrocannabinol Offenses
10+HOUSE BILL 12
11+A3 5lr0082
12+ (PRE–FILED) CF SB 214
13+By: Chair, Economic Matters Committee (By Request – Departmental – Alcohol,
14+Tobacco, and Cannabis Commission)
15+Requested: September 19, 2024
16+Introduced and read first time: January 8, 2025
17+Assigned to: Economic Matters
18+Committee Report: Favorable
19+House action: Adopted
20+Read second time: February 25, 2025
1021
11-FOR the purpose of authorizing the officers and employees of the Field Enforcement
12-Division of the Alcohol, Tobacco, and Cannabis Commission to issue a citation for a
13-certain violation; providing that the display or offering of tetrahydrocannabinol for
14-sale is prima facie evidence of selling tetrahydrocannabinol; prohibiting the sale or
15-distribution of certain products that contain tetrahydrocannabinol or are advertised
16-as containing tetrahydrocannabinol; authorizing the Executive Director of the
17-Commission to seize, destroy, or confiscate a certain unlawful product; and generally
18-relating to the sale and distribution of tetrahydrocannabinol and related offenses.
22+CHAPTER ______
1923
20-BY repealing and reenacting, with amendments,
21-Article – Alcoholic Beverages and Cannabis
22-Section 1–313 and 6–207
23-Annotated Code of Maryland
24-(2024 Replacement Volume)
24+AN ACT concerning 1
2525
26-BY repealing and reenacting, without amendments,
27- Article – Alcoholic Beverages and Cannabis
28-Section 36–1102(a) through (d)
29- Annotated Code of Maryland
30- (2024 Replacement Volume)
26+Cannabis – Sale and Distribution – Tetrahydrocannabinol Offenses 2
3127
32-BY adding to
33-Article – Alcoholic Beverages and Cannabis
34-Section 36–1104
35-Annotated Code of Maryland
36-(2024 Replacement Volume)
28+FOR the purpose of authorizing the officers and employees of the Field Enforcement 3
29+Division of the Alcohol, Tobacco, and Cannabis Commission to issue a citation for a 4
30+certain violation; providing that the display or offering of tetrahydrocannabinol for 5
31+sale is prima facie evidence of selling tetrahydrocannabinol; prohibiting the sale or 6
32+distribution of certain products that contain tetrahydrocannabinol or are advertised 7
33+as containing tetrahydrocannabinol; authorizing the Executive Director of the 8
34+Commission to seize, destroy, or confiscate a certain unlawful product; and generally 9
35+relating to the sale and distribution of tetrahydrocannabinol and related offenses. 10
3736
38-BY repealing and reenacting, without amendments,
39- Article – Criminal Law
40-Section 10–108
41- Annotated Code of Maryland
42- (2021 Replacement Volume and 2024 Supplement)
37+BY repealing and reenacting, with amendments, 11
38+Article – Alcoholic Beverages and Cannabis 12
39+Section 1–313 and 6–207 13
40+Annotated Code of Maryland 14
41+(2024 Replacement Volume) 15
4342
44- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
45-That the Laws of Maryland read as follows:
43+BY repealing and reenacting, without amendments, 16
44+ Article – Alcoholic Beverages and Cannabis 17
45+Section 36–1102(a) through (d) 18
46+ Annotated Code of Maryland 19
47+ (2024 Replacement Volume) 20
48+ 2 HOUSE BILL 12
4649
47-Article – Alcoholic Beverages and Cannabis
4850
49-1–313. Ch. 57 2025 LAWS OF MARYLAND
51+BY adding to 1
52+Article – Alcoholic Beverages and Cannabis 2
53+Section 36–1104 3
54+Annotated Code of Maryland 4
55+(2024 Replacement Volume) 5
5056
51-– 2 –
57+BY repealing and reenacting, without amendments, 6
58+ Article – Criminal Law 7
59+Section 10–108 8
60+ Annotated Code of Maryland 9
61+ (2021 Replacement Volume and 2024 Supplement) 10
5262
53- (a) There is a Field Enforcement Division in the Office of the Executive Director.
63+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
64+That the Laws of Maryland read as follows: 12
5465
55- (b) (1) The Field Enforcement Division may employ officers and employees as
56-provided in the State budget.
66+Article – Alcoholic Beverages and Cannabis 13
5767
58- (2) The officers and employees of the Field Enforcement Division:
68+1–313. 14
5969
60- (i) shall be sworn police officers;
70+ (a) There is a Field Enforcement Division in the Office of the Executive Director. 15
6171
62- (ii) shall have the powers, duties, and responsibilities of peace
63-officers to enforce the provisions of this article relating to:
72+ (b) (1) The Field Enforcement Division may employ officers and employees as 16
73+provided in the State budget. 17
6474
65- 1. the unlawful importation of alcoholic beverages, tobacco,
66-and cannabis into the State;
75+ (2) The officers and employees of the Field Enforcement Division: 18
6776
68- 2. the unlawful manufacture of alcoholic beverages, tobacco,
69-and cannabis in the State;
77+ (i) shall be sworn police officers; 19
7078
71- 3. the transportation and distribution throughout the State
72-of alcoholic beverages, tobacco, and cannabis that are manufactured illegally and on which
73-any alcoholic beverages taxes, tobacco taxes, or cannabis taxes imposed by the State are
74-due and unpaid; and
79+ (ii) shall have the powers, duties, and responsibilities of peace 20
80+officers to enforce the provisions of this article relating to: 21
7581
76- 4. the manufacture, sale, barter, transportation,
77-distribution, or other form of owning, handling, or dispersing alcoholic beverages, tobacco,
78-or cannabis by any person not licensed or authorized under this article, provisions of the
79-Tax – General Article relating to alcoholic beverages, tobacco, or cannabis, or provisions of
80-the Business Regulation Article relating to alcoholic beverages, tobacco, or cannabis; [and]
82+ 1. the unlawful importation of alcoholic beverages, tobacco, 22
83+and cannabis into the State; 23
8184
82- (iii) MAY ISSUE A CITATION OR OTHER CHARGING DO CUMENT TO
83-A PERSON WHO HAS COM MITTED A VIOLATION OF § 10–108 OF THE CRIMINAL LAW
84-ARTICLE; AND
85+ 2. the unlawful manufacture of alcoholic beverages, tobacco, 24
86+and cannabis in the State; 25
8587
86- (IV) may make cooperative arrangements for and work and cooperate
87-with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other
88-prosecuting and peace officers to enforce this article.
88+ 3. the transportation and distribution throughout the State 26
89+of alcoholic beverages, tobacco, and cannabis that are manufactured illegally and on which 27
90+any alcoholic beverages taxes, tobacco taxes, or cannabis taxes imposed by the State are 28
91+due and unpaid; and 29
8992
90- (c) The Field Enforcement Division:
93+ 4. the manufacture, sale, barter, transportation, 30
94+distribution, or other form of owning, handling, or dispersing alcoholic beverages, tobacco, 31
95+or cannabis by any person not licensed or authorized under this article, provisions of the 32
96+Tax – General Article relating to alcoholic beverages, tobacco, or cannabis, or provisions of 33
97+the Business Regulation Article relating to alcoholic beverages, tobacco, or cannabis; [and] 34 HOUSE BILL 12 3
9198
92- (1) shall consult with and advise the local State’s Attorneys and other law
93-enforcement officials and police officers regarding enforcement problems in their respective
94-jurisdictions; and
95- WES MOORE, Governor Ch. 57
9699
97-– 3 –
98- (2) may recommend changes to improve the administration of this article,
99-provisions of the Tax – General Article relating to alcoholic beverages, tobacco, and
100-cannabis, and provisions of the Business Regulation Article relating to tobacco.
101100
102-6–207.
101+ (iii) MAY ISSUE A CITATION OR OTHER CHARGING DO CUMENT TO 1
102+A PERSON WHO HAS COM MITTED A VIOLATION O F § 10–108 OF THE CRIMINAL LAW 2
103+ARTICLE; AND 3
103104
104- (A) IN THIS SECTION , “TETRAHYDROCANNABINOL ” HAS THE MEANING
105-STATED IN § 36–1102 OF THIS ARTICLE.
105+ (IV) may make cooperative arrangements for and work and cooperate 4
106+with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other 5
107+prosecuting and peace officers to enforce this article. 6
106108
107- (B) In a prosecution for selling alcoholic beverages OR
108-TETRAHYDROCANNABINOL without an appropriate license, proof that the defendant
109-displayed or offered alcoholic beverages OR TETRAHYDROCANNABI NOL for sale, or kept
110-a place of business where alcoholic beverages OR TETRAHYDROCANNABI NOL were
111-displayed or offered for sale, is prima facie evidence that the defendant sold alcoholic
112-beverages OR TETRAHYDROCANNABI NOL.
109+ (c) The Field Enforcement Division: 7
113110
114-36–1102.
111+ (1) shall consult with and advise the local State’s Attorneys and other law 8
112+enforcement officials and police officers regarding enforcement problems in their respective 9
113+jurisdictions; and 10
115114
116- (a) (1) In this section the following words have the meanings indicated.
115+ (2) may recommend changes to improve the administration of this article, 11
116+provisions of the Tax – General Article relating to alcoholic beverages, tobacco, and 12
117+cannabis, and provisions of the Business Regulation Article relating to tobacco. 13
117118
118- (2) “Hemp” has the meaning stated in § 14–401 of the Agriculture Article.
119+6–207. 14
119120
120- (3) “Tetrahydrocannabinol” means:
121+ (A) IN THIS SECTION , “TETRAHYDROCANNABINOL ” HAS THE MEANING 15
122+STATED IN § 36–1102 OF THIS ARTICLE. 16
121123
122- (i) any tetrahydrocannabinol, including
123-delta–8–tetrahydrocannabinol, delta –9–tetrahydrocannabinol, and
124-delta–10–tetrahydrocannabinol, regardless of how derived;
124+ (B) In a prosecution for selling alcoholi c beverages OR 17
125+TETRAHYDROCANNABINOL without an appropriate license, proof that the defendant 18
126+displayed or offered alcoholic beverages OR TETRAHYDROCANNABI NOL for sale, or kept 19
127+a place of business where alcoholic beverages OR TETRAHYDROCANNABI NOL were 20
128+displayed or offered for sale, is prima facie evidence that the defendant sold alcoholic 21
129+beverages OR TETRAHYDROCANNABI NOL. 22
125130
126- (ii) any other cannabinoid, except cannabidiol that the
127-Administration determines to cause intoxication; and
131+36–1102. 23
128132
129- (iii) any other chemically similar compound, substance, derivative, or
130-isomer of tetrahydrocannabinol, as identified by the Administration.
133+ (a) (1) In this section the following words have the meanings indicated. 24
131134
132- (4) “Tincture” means a solution that is:
135+ (2) “Hemp” has the meaning stated in § 14–401 of the Agriculture Article. 25
133136
134- (i) dissolved in alcohol, glycerin, or vegetable oil; and
137+ (3) “Tetrahydrocannabinol” means: 26
135138
136- (ii) distributed in a dropper bottle of 4 ounces or less.
139+ (i) any tetrahydrocannabinol, including 27
140+delta–8–tetrahydrocannabinol, delta –9–tetrahydrocannabinol, and 28
141+delta–10–tetrahydrocannabinol, regardless of how derived; 29
137142
138- (b) (1) A person may not sell or distribute a product intended for human
139-consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol
140-per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is
141-licensed under § 36–401 of this title and the product complies with the:
142- Ch. 57 2025 LAWS OF MARYLAND
143+ (ii) any other cannabinoid, except cannabidiol that the 30
144+Administration determines to cause intoxication; and 31
145+ 4 HOUSE BILL 12
143146
144-– 4 –
145- (i) manufacturing standards established under § 36–203 of this
146-title;
147147
148- (ii) laboratory testing standards established under § 36–203 of this
149-title; and
148+ (iii) any other chemically similar compound, substance, derivative, or 1
149+isomer of tetrahydrocannabinol, as identified by the Administration. 2
150150
151- (iii) packaging and labeling standards established under § 36–203 of
152-this title.
151+ (4) “Tincture” means a solution that is: 3
153152
154- (2) A person may not sell or distribute a product described under
155-paragraph (1) of this subsection to an individual under the age of 21 years.
153+ (i) dissolved in alcohol, glycerin, or vegetable oil; and 4
156154
157- (c) A person may not sell or distribute a cannabinoid product that is not derived
158-from naturally occurring biologically active chemical constituents.
155+ (ii) distributed in a dropper bottle of 4 ounces or less. 5
159156
160- (d) (1) Notwithstanding subsection (b) of this section and subject to paragraph
161-(2) of this subsection, it is not a violation of this section for a person to sell or distribute a
162-hemp–derived tincture intended for human consumption that contains:
157+ (b) (1) A person may not sell or distribute a product intended for human 6
158+consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol 7
159+per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is 8
160+licensed under § 36–401 of this title and the product complies with the: 9
163161
164- (i) a ratio of cannabidiol to tetrahydrocannabinol of at least 15 to 1;
165-and
162+ (i) manufacturing standards established under § 36–203 of this 10
163+title; 11
166164
167- (ii) 2.5 milligrams or less of tetrahydrocannabinol per serving and
168-100 milligrams or less of tetrahydrocannabinol per package.
165+ (ii) laboratory testing standards established under § 36–203 of this 12
166+title; and 13
169167
170- (2) To sell or distribute a hemp–derived tincture under this subsection, a
171-person must provide, as required by the Administration, tincture samples for the purpose
172-of testing to determine chemical potency and composition levels and to detect and quantify
173-contaminants.
168+ (iii) packaging and labeling standards established under § 36–203 of 14
169+this title. 15
174170
175-36–1104.
171+ (2) A person may not sell or distribute a product described under 16
172+paragraph (1) of this subsection to an individual under the age of 21 years. 17
176173
177- (A) IN THIS SECTION , “TETRAHYDROCANNABINOL ” HAS THE MEANING
178-STATED IN § 36–1102 OF THIS SUBTITLE.
174+ (c) A person may not sell or distribute a cannabinoid product that is not derived 18
175+from naturally occurring biologically active chemical constituents. 19
179176
180- (B) A PERSON MAY NOT SELL OR DISTRIBUTE A PROD UCT CONTAINING
181-TETRAHYDROCANNABINOL THAT VIOLATES THE PO TENCY, PACKAGING, OR
182-LABELING REQUIREMENT S UNDER § 36–203 OR § 36–203.1 OF THIS TITLE OR ANY
183-REGULATIONS ADOPTED UNDER THOSE SECTIONS .
177+ (d) (1) Notwithstanding subsection (b) of this section and subject to paragraph 20
178+(2) of this subsection, it is not a violation of this section for a person to sell or distribute a 21
179+hemp–derived tincture intended for human consumption that contains: 22
184180
185- (C) (1) A PERSON MAY NOT SELL OR DISTRIBUTE A PROD UCT THAT IS
186-ADVERTISED AS CONTAIN ING AN AMOUNT OF TET RAHYDROCANNABINOL TH AT
187-VIOLATES § 36–1102 OF THIS SUBTITLE.
188- WES MOORE, Governor Ch. 57
181+ (i) a ratio of cannabidiol to tetrahydrocannabinol of at least 15 to 1; 23
182+and 24
189183
190-– 5 –
191- (2) ADVERTISING UNDER PAR AGRAPH (1) OF THIS SUBSECTION
192-INCLUDES PACKAGING , LABELING, OR ELECTRONIC COMMUN ICATION.
184+ (ii) 2.5 milligrams or less of tetrahydrocannabinol per serving and 25
185+100 milligrams or less of tetrahydrocannabinol per package. 26
193186
194- (D) THE EXECUTIVE DIRECTOR MAY SEIZE , DESTROY, OR CONFISCATE A
195-PRODUCT THAT IS :
187+ (2) To sell or distribute a hemp–derived tincture under this subsection, a 27
188+person must provide, as required by the Administration, tincture samples for the purpose 28
189+of testing to determine chemical potency and composition levels and to detect and quantify 29
190+contaminants. 30
196191
197- (1) OFFERED OR DISPLAYED FOR SALE TO A CONSUM ER IN A
198-LOCATION THAT IS NOT APPROPRIATELY LICENS ED UNDER SUBTITLE 4 OF THIS
199-TITLE; AND
192+36–1104. 31
193+ HOUSE BILL 12 5
200194
201- (2) THE SUBJECT OF A VIO LATION UNDER SUBSECT ION (B) OR (C) OF
202-THIS SECTION.
203195
204- (E) (1) IF A PERSON WHO IS NO T A CANNABIS LICENSE E VIOLATES
205-SUBSECTION (B) OR (C) OF THIS SECTION, THE PERSON:
196+ (A) IN THIS SECTION , “TETRAHYDR OCANNABINOL ” HAS THE MEANING 1
197+STATED IN § 36–1102 OF THIS SUBTITLE. 2
206198
207- (I) MAY BE CHARGED BY A CITATION; AND
199+ (B) A PERSON MAY NOT SELL OR DISTRIBUTE A PROD UCT CONTAINING 3
200+TETRAHYDROCANNABINOL THAT VIOLATES THE PO TENCY, PACKAGING, OR 4
201+LABELING REQUIREMENT S UNDER § 36–203 OR § 36–203.1 OF THIS TITLE OR ANY 5
202+REGULATIONS ADOPTED UNDER THOSE SECTIONS . 6
208203
209- (II) IS GUILTY OF A MISDE MEANOR AND ON CONVIC TION IS
210-SUBJECT TO A FINE NO T EXCEEDING $5,000.
204+ (C) (1) A PERSON MAY NOT SELL OR DISTRIBUTE A PROD UCT THAT IS 7
205+ADVERTISED AS CONTAI NING AN AMOUNT OF TE TRAHYDROCANNABINOL T HAT 8
206+VIOLATES § 36–1102 OF THIS SUBTITLE. 9
211207
212- (2) IF A CANNABIS LICENSE E VIOLATES SUBSECTIO N (B) OR (C) OF
213-THIS SECTION, THE LICENSEE IS SUBJ ECT TO DISCIPLINARY ACTION BY THE
214-ADMINISTRATION IN ACC ORDANCE WITH § 36–202 OF THIS TITLE.
208+ (2) ADVERTISING UNDER PAR AGRAPH (1) OF THIS SUBSECTION 10
209+INCLUDES PACKAGING , LABELING, OR ELECTRONIC COMMUN ICATION. 11
215210
216-Article – Criminal Law
211+ (D) THE EXECUTIVE DIRECTOR MAY SEIZE , DESTROY, OR CONFISCATE A 12
212+PRODUCT THAT IS : 13
217213
218-10–108.
214+ (1) OFFERED OR DISPLAYED FOR SALE TO A CONSUM ER IN A 14
215+LOCATION THAT IS NOT APPROPRIATELY LICENS ED UNDER SUBTITLE 4 OF THIS 15
216+TITLE; AND 16
219217
220- (a) A person who distri butes products containing delta –8– or
221-delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title
222-16.7, Title 16.9, or Title 17 of the Business Regulation Article, may not distribute, purchase
223-for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol to an
224-individual under the age of 21 years.
218+ (2) THE SUBJECT OF A VIO LATION UNDER SUBSECT ION (B) OR (C) OF 17
219+THIS SECTION. 18
225220
226- (b) In a prosecution for a violation of this section, it is a defense that the defendant
227-examined the purchaser’s or recipient’s driver’s license, or other valid identification issued
228-by a governmental unit, that positively identified the purchaser or recipient as being at
229-least 21 years old.
221+ (E) (1) IF A PERSON WHO IS NO T A CANNABIS LICENSE E VIOLATES 19
222+SUBSECTION (B) OR (C) OF THIS SECTION, THE PERSON: 20
230223
231- (c) Any website owned, managed, or operated by a person who distributes or sells
232-a product containing delta–8– or delta–10–tetrahydrocannabinol shall employ a neutral
233-age–screening mechanism that verifies that the user is at least 21 years old, including by
234-using an age–gate, age–screen, or age–verification mechanism. Ch. 57 2025 LAWS OF MARYLAND
224+ (I) MAY BE CHARGED BY A CITATION; AND 21
235225
236-– 6 –
226+ (II) IS GUILTY OF A MISDE MEANOR AND ON CONVIC TION IS 22
227+SUBJECT TO A FINE NO T EXCEEDING $5,000. 23
237228
238- (d) A person who violates this section is guilty of a misdemeanor and on conviction
239-is subject to a fine not exceeding:
229+ (2) IF A CANNABIS LICENSE E VIOLATES SUBSECTIO N (B) OR (C) OF 24
230+THIS SECTION, THE LICENSEE IS SUBJ ECT TO DISCIPLINARY ACTION BY THE 25
231+ADMINISTRATION IN ACC ORDANCE WITH § 36–202 OF THIS TITLE. 26
240232
241- (1) $300 for a first violation;
233+Article – Criminal Law 27
242234
243- (2) $1,000 for a second violation occurring within 2 years after the first
244-violation; and
235+10–108. 28
245236
246- (3) $3,000 for each subsequent violation occurring within 2 years after the
247-preceding violation.
237+ (a) A person who distributes products containing delta –8– or 29
238+delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title 30
239+16.7, Title 16.9, or Title 17 of the Business Regulation Article, may not distribute, purchase 31 6 HOUSE BILL 12
248240
249- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
250-1, 2025.
251241
252-Approved by the Governor, April 8, 2025.
242+for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol to an 1
243+individual under the age of 21 years. 2
244+
245+ (b) In a prosecution for a violation of this section, it is a defense that the defendant 3
246+examined the purchaser’s or recipient’s driver’s license, or other valid identification issued 4
247+by a governmental unit, that positively identified the purchaser or recipient as being at 5
248+least 21 years old. 6
249+
250+ (c) Any website owned, managed, or operated by a person who distributes or sells 7
251+a product containing delta–8– or delta–10–tetrahydrocannabinol shall employ a neutral 8
252+age–screening mechanism that verifies that the user is at least 21 years old, including by 9
253+using an age–gate, age–screen, or age–verification mechanism. 10
254+
255+ (d) A person who violates this section is guilty of a misdemeanor and on conviction 11
256+is subject to a fine not exceeding: 12
257+
258+ (1) $300 for a first violation; 13
259+
260+ (2) $1,000 for a second violation occurring within 2 years after the first 14
261+violation; and 15
262+
263+ (3) $3,000 for each subsequent violation occurring within 2 years after the 16
264+preceding violation. 17
265+
266+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
267+1, 2025. 19
268+
269+
270+
271+
272+Approved:
273+________________________________________________________________________________
274+ Governor.
275+________________________________________________________________________________
276+ Speaker of the House of Delegates.
277+________________________________________________________________________________
278+ President of the Senate.