WES MOORE, Governor Ch. 58
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Chapter 58
(Senate Bill 214)
AN ACT concerning
Cannabis – Sale and Distribution – Tetrahydrocannabinol Offenses
FOR the purpose of authorizing the officers and employees of the Field Enforcement
Division of the Alcohol, Tobacco, and Cannabis Commission to issue a citation for a
certain violation; providing that the display or offering of tetrahydrocannabinol for
sale is prima facie evidence of selling tetrahydrocannabinol; prohibiting the sale or
distribution of certain products that contain tetrahydrocannabinol or are advertised
as containing tetrahydrocannabinol; authorizing the Executive Director of the
Commission to seize, destroy, or confiscate a certain unlawful product; and generally
relating to the sale and distribution of tetrahydrocannabinol and related offenses.
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages and Cannabis
Section 1–313 and 6–207
Annotated Code of Maryland
(2024 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages and Cannabis
Section 36–1102(a) through (d)
Annotated Code of Maryland
(2024 Replacement Volume)
BY adding to
Article – Alcoholic Beverages and Cannabis
Section 36–1104
Annotated Code of Maryland
(2024 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – Criminal Law
Section 10–108
Annotated Code of Maryland
(2021 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages and Cannabis
1–313. Ch. 58 2025 LAWS OF MARYLAND
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(a) There is a Field Enforcement Division in the Office of the Executive Director.
(b) (1) The Field Enforcement Division may employ officers and employees as
provided in the State budget.
(2) The officers and employees of the Field Enforcement Division:
(i) shall be sworn police officers;
(ii) shall have the powers, duties, and responsibilities of peace
officers to enforce the provisions of this article relating to:
1. the unlawful importation of alcoholic beverages, tobacco,
and cannabis into the State;
2. the unlawful manufacture of alcoholic beverages, tobacco,
and cannabis in the State;
3. the transportation and distribution throughout the State
of alcoholic beverages, tobacco, and cannabis that are manufactured illegally and on which
any alcoholic beverages taxes, tobacco taxes, or cannabis taxes imposed by the State are
due and unpaid; and
4. the manufacture, sale, barter, transportation,
distribution, or other form of owning, handling, or dispersing alcoholic beverages, tobacco,
or cannabis by any person not licensed or authorized under this article, provisions of the
Tax – General Article relating to alcoholic beverages, tobacco, or cannabis, or provisions of
the Business Regulation Article relating to alcoholic beverages, tobacco, or cannabis; [and]
(iii) MAY ISSUE A CITATION OR OTHER CHARGING DO CUMENT TO
A PERSON WHO HAS COMMITTED A VIOL ATION OF § 10–108 OF THE CRIMINAL LAW
ARTICLE; AND
(IV) may make cooperative arrangements for and work and cooperate
with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other
prosecuting and peace officers to enforce this article.
(c) The Field Enforcement Division:
(1) shall consult with and advise the local State’s Attorneys and other law
enforcement officials and police officers regarding enforcement problems in their respective
jurisdictions; and
WES MOORE, Governor Ch. 58
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(2) may recommend changes to improve the administration of this article,
provisions of the Tax – General Article relating to alcoholic beverages, tobacco, and
cannabis, and provisions of the Business Regulation Article relating to tobacco.
6–207.
(A) IN THIS SECTION , “TETRAHYDROCANNABINOL ” HAS THE MEANING
STATED IN § 36–1102 OF THIS ARTICLE.
(B) In a prosecution for selling alcoholic beverages OR
TETRAHYDROCANNABINOL without an appropriate license, proof that the defendant
displayed or offered alcoholic beverages OR TETRAHYDROCANNABI NOL for sale, or kept
a place of business where alcoholic beverages OR TETRAHYDROCANNABI NOL were
displayed or offered for sale, is prima facie evidence that the defendant sold alcoholic
beverages OR TETRAHYDROCANNABI NOL.
36–1102.
(a) (1) In this section the following words have the meanings indicated.
(2) “Hemp” has the meaning stated in § 14–401 of the Agriculture Article.
(3) “Tetrahydrocannabinol” means:
(i) any tetrahydrocannabinol, including
delta–8–tetrahydrocannabinol, delta –9–tetrahydrocannabinol, and
delta–10–tetrahydrocannabinol, regardless of how derived;
(ii) any other cannabinoid, except cannabidiol that th e
Administration determines to cause intoxication; and
(iii) any other chemically similar compound, substance, derivative, or
isomer of tetrahydrocannabinol, as identified by the Administration.
(4) “Tincture” means a solution that is:
(i) dissolved in alcohol, glycerin, or vegetable oil; and
(ii) distributed in a dropper bottle of 4 ounces or less.
(b) (1) A person may not sell or distribute a product intended for human
consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol
per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is
licensed under § 36–401 of this title and the product complies with the:
Ch. 58 2025 LAWS OF MARYLAND
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(i) manufacturing standards established under § 36–203 of this
title;
(ii) laboratory testing standards established under § 36–203 of this
title; and
(iii) packaging and labeling standards established under § 36–203 of
this title.
(2) A person may not sell or distribute a product described under
paragraph (1) of this subsection to an individual under the age of 21 years.
(c) A person may not sell or distribute a cannabinoid product that is not derived
from naturally occurring biologically active chemical constituents.
(d) (1) Notwithstanding subsection (b) of this section and subject to paragraph
(2) of this subsection, it is not a violation of this section for a person to sell or distribute a
hemp–derived tincture intended for human consumption that contains:
(i) a ratio of cannabidiol to tetrahydrocannabinol of at least 15 to 1;
and
(ii) 2.5 milligrams or less of tetrahydrocannabinol per serving and
100 milligrams or less of tetrahydrocannabinol per package.
(2) To sell or distribute a hemp–derived tincture under this subsection, a
person must provide, as required by the Administration, tincture samples for the purpose
of testing to determine chemical potency and composition levels and to detect and quantify
contaminants.
36–1104.
(A) IN THIS SECTION , “TETRAHYDROCANNABINOL ” HAS THE MEANING
STATED IN § 36–1102 OF THIS SUBTITLE.
(B) A PERSON MAY NOT SELL OR DISTRIBUTE A PROD UCT CONTAINING
TETRAHYDROCANNABINOL THAT VIOLATES THE PO TENCY, PACKAGING, OR
LABELING REQUIREMENT S UNDER § 36–203 OR § 36–203.1 OF THIS TITLE OR ANY
REGULATIONS ADOPTED UNDER THOSE SECTIONS.
(C) (1) A PERSON MAY NOT SELL OR DISTRIBUTE A PROD UCT THAT IS
ADVERTISED AS CONTAINING AN AMO UNT OF TETRAHYDROCAN NABINOL THAT
VIOLATES § 36–1102 OF THIS SUBTITLE.
WES MOORE, Governor Ch. 58
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(2) ADVERTISING UNDER PARAGRAPH (1) OF THIS SUBSECTION
INCLUDES PACKAGING , LABELING, OR ELECTRONIC COMMUNICA TION.
(D) THE EXECUTIVE DIRECTOR MAY SEIZE, DESTROY, OR CONFISCATE A
PRODUCT THAT IS :
(1) OFFERED OR DISPLAYED FOR SALE TO A CONSUMER IN A
LOCATION THAT IS NOT APPROPRIATELY LICENS ED UNDER SUBTITLE 4 OF THIS
TITLE; AND
(2) THE SUBJECT OF A VIOL ATION UNDER SUBSECTION (B) OR (C) OF
THIS SECTION.
(E) (1) IF A PERSON WHO IS NO T A CANNABIS LICENSE E VIOLATES
SUBSECTION (B) OR (C) OF THIS SECTION, THE PERSON:
(I) MAY BE CHARGED BY A CITATION; AND
(II) IS GUILTY OF A MISDE MEANOR AND ON CONVIC TION IS
SUBJECT TO A FINE NO T EXCEEDING $5,000.
(2) IF A CANNABIS LICENSE E VIOLATES SUBSECTIO N (B) OR (C) OF
THIS SECTION, THE LICENSEE IS SUBJ ECT TO DISCIPLINARY ACTION BY THE
ADMINISTRATION IN ACC ORDANCE WITH § 36–202 OF THIS TITLE.
Article – Criminal Law
10–108.
(a) A person who distributes products containing delta –8– or
delta–10–tetrahydrocannabinol, including a person licensed under Title 16, Title 16.5, Title
16.7, Title 16.9, or Title 17 of the Business Regulation Article, may not distribute, purchase
for sale, or sell a product containing delta–8– or delta–10–tetrahydrocannabinol to an
individual under the age of 21 years.
(b) In a prosecution for a violation of this section, it is a defense that the defendant
examined the purchaser’s or recipient’s driver’s license, or other valid identification issued
by a governmental unit, that positively identified the purchaser or recipient as being at
least 21 years old.
(c) Any website owned, managed, or operated by a person who distributes or sells
a product containing delta–8– or delta–10–tetrahydrocannabinol shall employ a neutral
age–screening mechanism that verifies that the user is at least 21 years old, including by
using an age–gate, age–screen, or age–verification mechanism. Ch. 58 2025 LAWS OF MARYLAND
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(d) A person who violates this section is guilty of a misdemeanor and on conviction
is subject to a fine not exceeding:
(1) $300 for a first violation;
(2) $1,000 for a second violation occurring within 2 years after the first
violation; and
(3) $3,000 for each subsequent violation occurring within 2 years after the
preceding violation.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2025.
Approved by the Governor, April 8, 2025.