Maryland Appellate Court Rules Delta-8 and Delta-10 THC Illegal, Upholds Cannabis Licensing System

The court also made clear that delta-8 and delta-10 THC have never been legal under state law, rejecting industry claims that the 2018 federal Farm Bill allows it. The September 9 decision reverses a lower court injunction that had temporarily blocked enforcement of the Cannabis Reform Act (CRA). That injunction had allowed hemp retailers, farmers, and producers to continue selling intoxicating products without a cannabis license. With the ruling, the state can now move forward with full enforcement.

Judge Daniel Friedman, writing for the court, noted that hemp-derived psychoactive products “are now and have always been illegal in Maryland,” adding that widespread availability in recent years stemmed from lax enforcement and confusion after federal hemp legalization. He explained that Maryland’s agricultural hemp laws never permitted the production or sale of synthetic intoxicants like delta-8 and delta-10, which are created through chemical conversion processes rather than occurring naturally.

The court also rejected arguments from the Maryland Hemp Coalition that the CRA created an unconstitutional monopoly under Article 41 of the state constitution. The judges said there is no “common right” to sell intoxicating hemp products and that the CRA’s licensing requirements are justified under the public interest exception, citing consumer safety, youth protections, and the state’s social equity goals.

Under the CRA, intoxicating cannabis products must meet strict standards for testing, packaging, labeling, and marketing. Businesses must also apply for and receive a license before selling such products, with a limited number of licenses available and priority given to social equity applicants.

As a result of the appellate ruling, Maryland officials can now fully enforce those provisions. Any business selling intoxicating cannabinoid products—whether derived from marijuana or hemp—must obtain a state cannabis license. Delta-8 and delta-10 remain prohibited.