The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana below the Controlled Substances Act (“CSA”) and by delivering a detailed framework for the cultivation of hemp. The 2018 Farm Bill provides the US Division of Agriculture (“USDA”) regulatory authority more than hemp cultivation at the federal level. In turn, states have the selection to keep principal regulatory authority more than the crop cultivated inside their borders by submitting a program to the USDA.
This federal and state interplay has resulted in numerous legislative and regulatory adjustments at the state level. Certainly, most states have introduced (and adopted) bills that would authorize the industrial production of hemp inside their borders. A smaller sized but developing quantity of states also regulate the sale of solutions derived from hemp.
In light of these legislative adjustments, we are presenting a 50-state series analyzing how each and every jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Every single Sunday, we summarize a new state in alphabetical order. Nowadays, we turn to Maryland.
Maryland’s Industrial Hemp Pilot Plan opened a tiny much more than a year ago. In line with the 2014 Farm Bill, the objective of the system was and is to authorize and facilitate investigation of industrial hemp and any aspect of cultivating, manufacturing, transporting, promoting, or promoting industrial hemp for agricultural, industrial, or industrial purposes. The Maryland Division of Agriculture (“MDA”) or an institution of larger education that submits an application to the MDA could cultivate, manufacture, transport, market place, or sell industrial hemp if the hemp is cultivated to additional agricultural or academic research—notably, an undefined term in Maryland’s law.
Final year, MDA issued hemp regulations to govern its system. Per MDA guidance, farmers can companion with institutions of larger education, but otherwise, basic industrial cultivation is prohibited. MDA also notes that it does not have jurisdiction more than hemp processing or sale.
Earlier this year, Maryland’s governor authorized of HB-1123, which contains certain provisions for hemp production and calls for the MDA to make a program for monitoring and regulating hemp production in the state.
That stated, Maryland is not as open to Hemp CBD. The Maryland Division of Wellness sort of follows the FDA’s strategy and holds that foods and beverages containing Hemp CBD are adulterated and cannot be sold in Maryland (sorry, no Maryland Hemp CBD crab cakes). The state has not actually addressed numerous other varieties of solutions, but it could modify its position to contain Hemp CBD solutions such as vapes, cosmetics, or topicals (apparently, the state will attempt ban flavored vapes in the future).