Is CBD Legal in Maryland?

by in US Law September 26, 2019

CBD Oil: Legal Across The US Federally

The recent passage of the 2018 Farm Bill made it official: CBD is no longer a Schedule 1 drug. As such, it can be grown, processed and sold at the federal level in the United States. However, that does not mean that CBD is legal in every state, and the 50 states have 50 different laws and sets of regulations when it comes to CBD and its availability.

Is CBD Allowed in Maryland?

Yes, CBD is legal in Maryland. In Maryland, the law differentiates between CBD derived from hemp and marijuana. Hemp-based CBD (defined as containing less than .3% THC, or Tetrahydrocannabinol, which is the agent in marijuana typically associated with intoxication) is legal to anyone and commercially available. Anything more than that THC level is considered marijuana-based CBD, and that is only legal under Maryland’s medical marijuana program.

In order to obtain marijuana-based CBD, a patient engage in a relatively long process which involves registering with the Maryland Medical Cannabis Commission, certification as a medical marijuana patient and obtaining the marijuana from a licensed dispensary.

Maryland has a long history of relatively liberal marijuana-related laws, with some forms of decriminalization occurring as early as 2003.

CBD Regulations & Commercial Availability

At the moment, there are no regulations governing the sale – or limitations on the sale – of CBD. They are available in a wide array of stores, including groceries and gas stations. There are no limits on the amount of CBD which can be purchased in Maryland, and there are no age restrictions. Retailers do not need to obtain any special licenses in order to sell the substance. Furthermore, as CBD is legal at the federal and state level, there are no restrictions on ordering CBD over the internet and having the product cross state lines into Maryland.

Indeed, Maryland’s CBD laws are so friendly that the state has become one of seven states in which the retail drug mega-chain CVS will sell CBD products. Importantly, CVS will only sell CBD topicals, not CBD-infused food or drinks, which have a more questionable legal status.


Regulations over the hemp industry in Maryland kicked off in 2016 with the passage of House Bill 443, which required the state Department of Agriculture to allow for certain institutions to grow hemp for research purposes. The commercial aspect of Maryland’s hemp industry was authorized with the passage of House Bill 698 in 2018. In January 2019, the Department of Agriculture began accepting applications for its hemp harvesting program. There were a variety of restrictions associated with this program, including the need to partner with an institution of higher learning and the passage of an FBI background check.

Author: Leafwindow Team

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