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Moore v. Maryland Hemp Coalition is a 2025 legal case in which the Maryland Appellate Court ruled on the legality of hemp-derived psychoactive products like delta-8 and delta-10 THC under Maryland law. The court declared such products illegal since they are chemically derived from hemp CBD and fall outside the Cannabis Reform Act’s allowances.
The court rejected the plaintiffs’ argument that hemp businesses had a constitutional or common law right to sell these products, finding no such right historically exists under federal or state law.
The court also upheld Maryland’s cannabis licensing requirements, including social equity provisions, as reasonable measures to protect public health and remedy past discrimination. This ruling reversed a lower court’s injunction that had allowed limited sales of these hemp-derived products without the state’s cannabis license.
Overall, the decision affirmed the state’s authority to regulate and prohibit hemp-derived intoxicants unless licensed under the Cannabis Reform Act.
The Maryland ruling on delta-8 and delta-10 THC has several notable implications:
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The court confirmed that hemp-derived psychoactive products such as delta-8 and delta-10 THC are illegal in Maryland and have always been so, regardless of their availability or lax enforcement in the past. These products are typically chemically synthesized, which places them outside permitted hemp products under state law.
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All businesses in Maryland must now obtain a state cannabis license to legally sell any intoxicating products, including those derived from hemp. The ruling ended a prior injunction that had allowed some hemp retailers to sell these products without a license.
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The decision upholds Maryland’s Cannabis Reform Act licensing framework, including social equity provisions and numerical limits on licenses, reinforcing the state’s public health and anti-discrimination objectives.
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Hemp farmers and businesses must reassess their operations to ensure compliance since sales of psychoactive hemp-derived cannabinoids without a license are prohibited.
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The ruling closes Maryland’s “hemp loophole,” preventing the sale of delta-8 and delta-10 products outside the regulated licensed cannabis system, restricting these products to licensed dispensaries.
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The court rejected arguments that the state had created an unconstitutional monopoly or violated constitutional protections by limiting sales to licensed entities.
Overall, the ruling strengthens state control over psychoactive hemp products, emphasizing public health protection and regulatory compliance within Maryland’s legal cannabis marketplace
