On September 9, 2025, the Appellate Court of Maryland issued its decision to overturn the the preliminary injunction issued by the Washington County Circuit Court in October of 2023, which prohibited the Alcohol, Tobacco, and Cannabis Commission (ATCC) from enforcing the state’s cannabis laws against retail businesses that were selling intoxicating tetrahydrocannabinol (THC) products prior to July 1, 2023.
Now the ATCC is warning hemp retailers that they'll be subject to the same laws.
Offenses and Violations
When the ATCC observes a person or business engaging in the distribution or sale of an intoxicating THC product without a license by the MCA, the ATCC may seize on sight and charge the following criminal offenses listed in the Alcoholic Beverages and Cannabis Article (ABCA):
- Packaging, Labeling, and Potency Violations
Selling a product which violates THC product Packaging, Labeling, and Potency Standards - False or Illegal THC Advertising
Advertising a product as containing an amount of THC that violates AB § 36-1102 - Unlicensed Sales Above THC Limits
Selling a product that contains more than 0.5 milligrams of THC per serving or 2.5 milligrams of THC per package without a license from the MCA - Synthetic Intoxicating THC Products
Selling or distributing a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents (aka “synthetic intoxicating THC products”)
Penalties for Conviction
Conviction of any or all of these offenses could result in fines of up to $5,000 for each offense, with enhanced fines of up to $10,000 for offenses involving synthetic THC products, the destruction of the seized intoxicating THC products, and potential adverse effects on any other State license held by that person or business.
