The state of Maryland can, for the time being, not require hemp producers to secure state cannabis licenses. This decision follows an early victory for hemp producers and sellers in litigation challenging the legality of Maryland’s Cannabis Reform Act (CRA) as it pertains to hemp.
As of October 12, the Maryland General Assembly has taken measures to legalise recreational cannabis, following a 2022 referendum where citizens of the state overwhelmingly voiced support for such measures. Following the approval, the Cannabis Reform Act (CRA) was passed. According to this legislation, instead of implementing a distinct licensing system for hemp, anyone selling a “product intended for human use” that contains hemp is required to have a cannabis license.
However, the regulations pertaining to hemp have been met with legal challenges. The controversy surrounding the application of cannabis licensing for hemp-derived products has led to the current legal tussle. Those opposing this move argue that the existing legal framework unfairly blankets hemp—an agricultural commodity regulated under the federal Agricultural Improvement Act of 2018—with regulations applicable to cannabis.
The recent court adage in favor of hemp producers and retailers, therefore, marks a significant, although temporary, exemption from the CRA’s licensing requirements. It will be interesting to observe how the persisting litigations unfold, potentially setting the course for future regulations for hemp within the state.