Yes, CBD is legal in Maryland as long as the product is derived from hemp and contains no more than 0.3% delta-9 THC on a dry weight basis. You can buy it without a prescription, a medical card, or any special license. The catch is newer: a 2026 Maryland law restricts hemp products that contain more than trace amounts of any THC — including delta-8 and delta-10 — to licensed cannabis dispensaries. Non-intoxicating CBD oils, capsules, and topicals remain widely available at ordinary retailers.
What Maryland Treats as Legal CBD
Maryland’s definition tracks the federal 2018 Farm Bill, which removed low-THC hemp from the Controlled Substances Act.1Food and Drug Administration. Hemp Production and the 2018 Farm Bill Section 14-101 of the Maryland Agriculture Code defines hemp as Cannabis sativa L. with a delta-9 THC concentration not exceeding 0.3% on a dry weight basis.2Maryland General Assembly. Maryland Code Agriculture Section 14-101 – Definitions A separate provision establishes hemp as an agricultural commodity that may be possessed, sold, distributed, transported, manufactured, and processed in the state.3Maryland General Assembly. House Bill 1123 Chapter – Agriculture Code Title 14 Subtitle 3 Hemp Production
Maryland’s criminal code pulls hemp out of the definition of “cannabis” entirely. So possessing a CBD product that meets the 0.3% threshold is not a drug offense.
Delta-8, Delta-10, and Other Intoxicating Hemp Products
This is where the rules have tightened. Under Section 36-1102 of the Alcoholic Beverages and Cannabis Article, it is illegal to sell any product intended for human consumption or inhalation that contains more than 0.5 milligrams of THC per serving or 2.5 milligrams per package unless the seller holds a cannabis dispensary license.4Maryland Cannabis Administration. Update on Intoxicating THC Products The definition of THC in that law covers all isomers and derivatives — delta-8 and delta-10 included, not just delta-9.5Maryland General Assembly. House Bill 1519 – Alcoholic Beverages and Cannabis Article Section 36-1102
What that means in practice: delta-8 gummies, delta-10 vape cartridges, and similar intoxicating hemp products can no longer be sold at gas stations, convenience stores, or vape shops. Only licensed cannabis dispensaries that follow state manufacturing, testing, and labeling standards may sell them.6Maryland Cannabis Administration. Processor Guidance Selling in violation is a misdemeanor carrying a fine of up to $10,000, with each individually packaged product counting as a separate offense.5Maryland General Assembly. House Bill 1519 – Alcoholic Beverages and Cannabis Article Section 36-1102 If a hemp product is marketed for its THC content, buy it from a licensed dispensary.
CBD in Food and Drinks
Maryland prohibits the commercial sale of food and beverages with added CBD. The Maryland Department of Health treats any food containing cannabis, CBD, or THC as adulterated, regardless of whether the CBD comes from hemp. Licensed food establishments cannot manufacture, sell, or offer for sale any food product with added CBD.7Maryland Department of Health. Cannabis and CBD in Foods The FDA has reached the same conclusion at the federal level.8Food and Drug Administration. FDA Concludes That Existing Regulatory Frameworks for Foods and Supplements Are Not Appropriate for Cannabidiol
A café advertising “CBD lattes” or a bakery selling “CBD brownies” is operating outside the rules. Nothing stops you from buying a standalone CBD oil and adding it to your own food at home — the prohibition targets commercial preparation and sale.
Buying and Possessing CBD
Hemp-derived CBD is sold at health food stores, specialty CBD shops, pharmacies, and online retailers. No medical card, prescription, or special license is required.3Maryland General Assembly. House Bill 1123 Chapter – Agriculture Code Title 14 Subtitle 3 Hemp Production Maryland imposes no possession limits on hemp-derived CBD that meets the legal definition of hemp.
Keeping products in their original packaging is a smart habit, especially when traveling. The packaging usually shows the THC content and hemp origin, which makes it easy to demonstrate legality if a question comes up.
Age Requirements
Maryland sets no statewide minimum age for buying non-intoxicating hemp-derived CBD like oils, capsules, or topical creams. Many retailers require buyers to be 18 or 21 as a matter of store policy, not state law.
Two exceptions matter. Any hemp product that exceeds the Section 36-1102 THC thresholds cannot be sold to anyone under 21.5Maryland General Assembly. House Bill 1519 – Alcoholic Beverages and Cannabis Article Section 36-1102 And Maryland’s tobacco laws bar the sale of electronic smoking devices and vape products to anyone under 21, so a CBD vape cartridge is off-limits to under-21 buyers regardless of its THC content.
Where CBD Users Still Get in Trouble
Smoking in Public
Possessing hemp flower is legal; smoking it in public is not. Maryland prohibits smoking cannabis and hemp in all public places, including parks, sidewalks, restaurants, and bars.9Maryland Cannabis Administration. Adult-Use Cannabis FAQs Law enforcement cannot distinguish hemp smoke from marijuana smoke by sight or smell, which turns an otherwise legal product into a problem on a public bench. Tinctures and topicals avoid the issue entirely.
Workplace Drug Tests
Legal hemp CBD can contain up to 0.3% THC, and regular use of full-spectrum products may build up enough THC to trigger a positive on a standard drug test. Maryland law gives employees no protection here. Employers remain free to enforce drug-free workplace policies, test for cannabis metabolites, and discipline employees who test positive, even after the state legalized recreational cannabis. If your job tests, broad-spectrum CBD or CBD isolate (both processed to remove THC) carries less risk, though no full-spectrum product can guarantee a clean result.
Driving
Transporting a legal CBD product is fine. Driving under the influence of cannabis is not, and a medical card creates no exception.10Maryland Cannabis Administration. Drugged Driving Non-intoxicating CBD should not impair driving, but a product with enough THC to affect judgment or coordination carries the same DUI exposure as any other cannabis use. If you are pulled over while carrying hemp flower, keep it sealed in its original packaging with the lab results or certificate of analysis on hand. Hemp and marijuana look and smell identical, and the paperwork is what separates a legal product from an arrest.