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ATCC, MCA ask lawmakers to treat high‑THC hemp products as contraband and speed enforcement
Summary
The Alcohol, Tobacco, and Cannabis Commission and Maryland Cannabis Administration sought authority in HB12 to expedite citations for illegal high‑THC hemp products and require child‑protective labeling on unlicensed products; the industry and patients raised concerns over serving‑size limits and access.
The Alcohol, Tobacco, and Cannabis Commission (ATCC) and the Maryland Cannabis Administration (MCA) asked the House Economic Matters Committee to give them faster enforcement tools and labeling authority over intoxicating hemp products in unlicensed retail outlets under House Bill 12.
ATCC Executive Director Jeff Kelly said the agency spends about two months to remove a single illegal product from a shelf because it must purchase the product, send it to an out‑of‑state lab for testing, wait for results and then pursue enforcement. "It takes about 45 days to get testing done and get the results back... All in all, it takes about two months for us to remove one small container of a THC product that isn't being sold lawfully," Kelly said. He described brightly packaged products with high milligram counts and cartoon‑style branding that he said are marketed to children.
The bill would allow ATCC to treat certain intoxicating hemp products as contraband per se and to seize them immediately. Tom Akris, director of the ATCC legal and legislative division, asked the committee to add an enumerated authority allowing the ATCC to issue citations for violations of the Criminal Law Article in specified circumstances so the agency can issue citations more expeditiously during underage purchase operations.
The MCA supported HB12, with senior policy analyst Morgan Smith saying the proposal applies existing consumer protection rules (child‑protective labeling, tamper‑resistant packaging and other labeling requirements) to the unlicensed market and would help enforcement efforts. "Putting this bill forward, we'll make sure that those same tools can be utilized in the unlicensed market," Smith said.
Opposition and concerns: Members of the hemp and retail sectors and some patients urged caution. Matthew Lovett of the Maryland Cannabis Equity Collective and others warned serving‑size caps already in statute (for adult retail) may restrict access for medical patients who rely on higher doses; Lovett said a 2.5 mg package limit could force patients to consume many units to achieve needed doses. Rusty Carr argued the proposal is part of a larger set of tax and regulatory shifts and said enforcement should be scaled carefully.
Committee Q&A focused on testing turnaround, consistency with existing law, and potential patient exemptions. Several witnesses said commercial testing with 48‑hour turnaround exists but is not universally used by unlicensed sellers. The ATCC said the proposed citation authority would allow it to conduct underage purchase operations and issue timely administrative citations rather than pursue slower criminal procedures.
Ending: Proponents said HB12 would improve consumer safety and allow quicker removal of untested or dangerously labeled products from retail shelves; opponents warned about access impacts for medical patients and urged careful calibration of serving sizes and exemptions. No formal committee vote is recorded in the provided transcript.
