Rythm

Maryland

Hemp-derived THC beverage regulation

Maryland

State Regulated
Beverage Status State Regulated
Cannabis Regulation Adult Use & Medical
Retail Outside Dispensary? Yes, if below the dosage cap.
Section 01

General Regulation

Hemp Derived THC Beverage Status State Regulated
Cannabis Regulation Adult Use & Medical
Retail Outside Dispensary System? Yes, if below the dosage cap.
Hemp Beverages Specifically Regulated? Yes.
Serving / Potency / Dosage / THC Type Limit

0.5mg cap per serving, where one serving = one beverage. Anything above must be sold through the dispensary system.

DTC from Out-of-State Yes, if below the dosage cap.
Licensing

Anything below the dosage cap is unregulated (meaning unlicensed). Anything above the cap is regulated as marijuana and must be licensed as such.

Section 02

Labeling & Packaging Requirements

State Has Labeling Rules? Yes.
State Has Packaging Rules? Yes.
Label / Product Registration

N

Symbol Required? Yes. See COMAR 14.17.18.03.F. (1) Packages shall display the universal symbol: (a) On the front or most predominantly displayed area of the package; (b) In an area no smaller than ½ inch by ½ inch; (c) In the form provided by the Administration and may not be modified, recreated, stylized, stretched, or otherwise distorted; and (d) On a background where the symbol is clearly distinguishable and identifiable.
Symbol Detail
Best By / Expiration / Use By

Yes. See COMAR 14.17.18.03. The state requires two dates: (1) the date the product was harvested, processed, or packaged and (2) the product's expiration or best by date.

Labeling Description

Even below the dosage cap, the products must adhere to the cannabis packaging and labeling requirements: See ABCA 36-203.1, COMAR 14.17.18.03.

Guide: https://cannabis.maryland.gov/Documents/2024_PDF_Files/Packaging%20Guidance%2011.8.23._AG%20Update.pdf

Must include lot number and expiration date (if applicable)

Must include all warning labels required by law and MCA regulations.

Must provide a Certificate of Analysis via QR code or link

Must list the name, address, and phone number of the selling dispensary

Must itemize all cannabinoid ingredients and weights

Must display the MCA approved cannabis symbol on the front of the package.

Must include the name, address, and phone number of the dispensary that sold the product to report an adverse event (unclear how to address this outside of hte dispensary system); any allergen warning required by law; a listing of noncannabis ingredients; and an itemization, including weight: 1. of all cannabinoid and terpene ingredients specified for the product; and 2. concentrations of any cannabinoid of less than 1% printed with a leading zero before the decimal point

Restricted imagery: any image that may appeal to children including: (i) images of food, candy, baked goods, cereal, fruit, and beverages; and (ii) a resemblance to the trademarked characteristic product–specialized packaging of any commercially available candy, snack, baked good, cereal, or beverage; (2) any image that is designed or likely to appeal to minors, including cartoons, toys, animals, children, or any likeness to images, characters, or phrases that are popularly used to advertise to children; (3) a statement, artwork, or design that could reasonably mislead any individual to believe that the packaging contains anything other than a finished cannabis product; and (4) any image of a seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any individual to believe that the product has been endorsed, manufactured, or used by any agency of a state or political subdivision.

Warning Statement

WARNING STATEMENT: that consumption of cannabis may impair your ability to drive a car or operate machinery, use extreme caution; of potential risks associated with cannabis use, especially during pregnancy or breast feeding; and that this package contains cannabis, keep out of the reach of children and animals; 21+.

Packaging Description

Even below the dosage cap, the products must adhere to the cannabis packaging and labeling requirements: See ABCA 36-203.1, COMAR 14.17.18.02.

Guide: https://cannabis.maryland.gov/Documents/2024_PDF_Files/Packaging%20Guidance%2011.8.23._AG%20Update.pdf

Packages must meet child–resistant packaging requirements established under 16 C.F.R. § 1700.15(b)(1); and be tamper–evident packaging. More detail on tamper-evident packagin in COMAR 14.17.18.02.

Additional requirements for edible cannabis product packaging found at COMAR 14.17.18.05 likely does not apply, but some best practices may be worth adopting.

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