Is CBD Oil Legal in Maryland?

  1. Maryland Cannabis
  2. Is CBD Oil Legal in Maryland?
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What is CBD?

CBD, an abbreviation for cannabidiol, is one of the many compounds in the cannabis plant. The compounds found in a cannabis plant are usually referred to as cannabinoids. The most active and popular compound is tetrahydrocannabinol (THC), responsible for the mind-altering and exultant feelings marijuana users experience. The second most active ingredient in the plant is the cannabidiol compound, and unlike tetrahydrocannabinol, it does not produce euphoric feelings. Studies have shown that it does not possess the capacity to be abused or to cause dependency. According to the CDC, CBD may be obtained from both hemp and non-hemp plants. Hemp is described as a variant of the Cannabis sativa plant that does not contain more than 0.3% THC on a dry weight basis.

CBD is usually produced in the form of CBD oils and found in capsules, food items, skin care products, lotions, and oil bases for vaporizers. CBD is widely acknowledged for its medicinal qualities, making it a viable drug for treating severe pains, migraines, epilepsy, inflammation, anxiety, and depression.

In 2018, the US passed the Hemp Farming Act of 2018 to allow the cultivation, production, distribution, sales, and use of industrial hemp in the country. The Farm Bill allowed the removal of hemp from the controlled substance list of the federal Controlled Substance Act. It also established a clear difference between hemp and marijuana. Hemp was described as a cannabis plant containing up to 0.3% THC content by weight, while marijuana was described as a cannabis plant containing over 0.3% THC content when measured by weight. The final product of hemp must also contain no more than 0.3% THC. Consequently, hemp-derived CBD and hemp-derived CBD products became legally available in the US. Furthermore, the Farm Bill gave the Food and Drug Administration (FDA) the authority to regulate hemp usage while allowing states to promulgate laws to regulate the production and use of CBD oils and other products derived from hemp in their jurisdiction.

Is CBD Oil Legal in Maryland?

Yes, CBD oil is legal in Maryland. CBD oil may be obtained from marijuana or hemp plant. The source of derivation determines the extent of the legality of CBD oil. While hemp-derived CBD oil containing no more than 0.3% THC is available for all Maryland residents, marijuana-derived CBD oil may only be obtained for medical use by persons registered on the Maryland medical marijuana program. Marijuana use in Maryland is strictly for medical purposes according to the provisions of the Maryland Medical Cannabis Law, thereby making it illegal for recreational purposes. To obtain a marijuana-derived CBD oil, one must have fulfilled the requirements necessary to become a medical marijuana patient or caregiver. However, Maryland prohibits the sale of CBD in food or dietary supplements.

What are Maryland CBD Laws in 2022?

The federal 2014 Farm bill laid the foundation for laws concerning hemp products in Maryland. The state began its CBD process in 2015 with the passage of HB 803, which essentially created a difference between hemp and marijuana and had the same definition for hemp as those used in the 2018 Farm bill. HB 803 provided regulations for the cultivation and processing of hemp and hemp-derived products, including CBD oil. Furthermore, hemp manufacturers must register with the state and obtain required licenses. It placed minimal emphasis on the quality and sale of hemp extracts, making the hemp market open and poorly regulated.

HB 803 was amended with the passage of HB 443 in 2016. HB 443 gave institutions legal bases to begin obtaining licenses for research. In 2018, HB 698 was passed to regulate the state's sale and marketing of hemp products.

What are Maryland CBD Possession Limits?

In Maryland, as it regards the possession of hemp-derived CBDs, there is no limit to its possession. The law does not place a limit on the amount that could be obtained or possessed by residents. However, the amount that can be possessed for marijuana-derived CBD extracts is strictly regulated for patients, as they may not possess more than a 30-day supply of marijuana-derived CBD. Access to hemp-derived CBD is possible for all patients, regardless of their age. On the other hand, access to marijuana-derived CBD extract is made available for patients older than 18 years. Minor patients must obtain CBD through their registered caregivers, who would administer the substance to them.

Can Doctors Prescribe CBD Oil in Maryland?

In Maryland, CBD oil obtained from industrial hemp may be purchased without a doctor’s prescription. Doctors do not have to prescribe hemp-derived CBD as they are readily available in grocery stores and wellness centers.

However, marijuana-derived CBD oil containing higher concentrations of THC must be recommended by physicians. Only registered physicians on the provider registry may recommend marijuana treatment to qualified patients. Such patients must possess Maryland medical marijuana cards and be diagnosed with one or more qualifying medical conditions Medical marijuana qualifying medical conditions include:

  • Epilepsy

  • Chronic Pain

  • Anxiety

  • High Blood Pressure

  • Diabetes

  • Cancer

  • Anorexia

  • PTSD

  • Glaucoma

  • Intense Nausea

What are the Licensing Requirements for CBD in Maryland?

In Maryland, persons interested in growing hemp and producing CBD must be enrolled in the Maryland Hemp Farming Program. Hemp growers must apply to the Maryland Department of Agriculture via their online application portal. They must submit an FBI background check for every key participant involved in the production process and pay the registration fee of $550. Hemp-derived CBD products must indicate their THC content on the labels.

Medical marijuana growers, processors, and dispensaries must obtain licenses from the Maryland Medical Cannabis Commission. Producers and dispensaries of marijuana-derived CBD extracts require permits and licenses before making the products available to medical marijuana cardholders.

Where to Buy CBD in Maryland?

In Maryland, hemp-derived CBD can be purchased easily from physical and online stores. Maryland residents can purchase hemp-derived CBD from shops, grocery stores, and convenience stores. While there are no age restrictions for hemp-derived CBD in Maryland, some stores only sell to adults aged 21 years and over. Furthermore, Maryland residents can also purchase hemp-derived CBD from online stores in Maryland. These online shops are open 24 hours a day, and they offer a variety of CBD products. When shoppers buy CBD products online from a brand, they can get better assessments of brands’ manufacturing practices, hemp sources, THC contents, and lab check procedures which can help to ensure that the CBD products meet standards.

However, marijuana-derived CBD can only be purchased from medical marijuana registered dispensaries by persons possessing Maryland Medical Marijuana Cards. MMMC cardholders are limited to buying a maximum of a 30-day supply.

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