The appeals court ruled last week that intoxicating cannabis-derived THC products belong to Maryland, and that products such as those containing Delta-8 or Delta-10 THC have been illegal.
On September 10, the Maryland Court of Appeals ruled was a major setback in the Cannabis Corporation Alliance to challenge the state’s adult marijuana regulations.
As the court found: “Cannabis-derived psychoactive products, the so-called Delta-8 and Delta-10 THC, have been illegal now in Maryland.”
Cannabis company’s lawsuit challenges Maryland cannabis rules fail
The Maryland Marijuana Alliance rejected the state from the state’s strictly regulated adult marijuana market in 2023, accusing the regulations unconstitutional.
The lawsuit seeks to remove the state’s licensing cap and its social rights plan.
In 2023, lower judges ban the state from enforcing restrictions on marijuana operators.
But in last week’s 72-page ruling, a three-judge panel found that the state’s Marijuana Reform Act did not authorize “unconstitutional monopoly.”
In pointing out “loose regulation of Maryland’s cannabis-derived psychoactive products,” the court did not find any right for retailers to continue selling intoxicating cannabis products outside the state’s regulated cannabis market.
This is because the “Federal Controlled Substances Act continues to prohibit marijuana products at the federal level.”
Maryland marijuana crackdown law
The next step is not clear, such as appealing to the High Court.
Nevin Young, an attorney representing the Marijuana League, did not respond to a request for comment from the Baltimore Sun.
The crackdown by cannabis retailers that began earlier this year may continue.
In late July, a federal judge dismissed another lawsuit, challenging the enforcement actions.
Many states have imposed strict restrictions or outright bans through cannabis-derived THC products that emerged after the 2018 Federal Farm Act.
