Yes, THCA is legal in Maryland as of 2024, provided it is derived from hemp containing ≤0.3% delta-9 THC under the 2018 Farm Bill and Maryland’s 2023 hemp regulations. The Maryland Department of Agriculture (MDA) enforces these limits, aligning with USDA guidelines. Retail sales require MDA registration, and THCA products must not be marketed for intoxicating effects. Local jurisdictions may impose additional restrictions, particularly in Baltimore City.
Key Regulations for THCA in Maryland
- Hemp-Derived Compliance: THCA must originate from hemp with ≤0.3% delta-9 THC by dry weight, verified through MDA-approved testing labs. Products exceeding this threshold are classified as controlled substances.
- Registration & Licensing: Businesses selling THCA must obtain a MDA hemp processor or retailer license, with annual renewals and inspections. Unlicensed distribution risks civil penalties up to $5,000 per violation.
- Labeling & Marketing: Labels must include THCA content, total cannabinoids, and a QR code linking to a certificate of analysis (COA). Claims of intoxicating effects (e.g., “will get you high”) are prohibited under MDA’s 2024 guidance.
Local governments, such as Montgomery County, have enacted moratoriums on THCA sales pending further state clarification. MDA’s 2026 compliance framework may introduce stricter potency limits or potency-based taxes, requiring businesses to monitor updates.