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State regulators back bill to treat intoxicating THC products as contraband without labeling protections

2174352 · January 30, 2025
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Summary

Maryland regulators asked the Senate Finance Committee to allow enforcement against intoxicating hemp-derived THC products by treating packaging claims as prima facie evidence and extending labeling and child-safety rules to unlicensed sales; consumer groups and at least one resident urged opposition.

Thomas Akers, director of the legal legislative division for the Alcohol, Tobacco and Cannabis Commission (ATCC), and Andrew Garrison of the Maryland Cannabis Administration (MCA) asked the Senate Finance Committee for a favorable report on Senate Bill 214, a bill the witnesses described as aimed at public safety and consumer protection.

Akers said the bill would require intoxicating THC products intended for human consumption—whether sold in licensed or unlicensed locations—to meet the same packaging and labeling standards already codified for licensed cannabis products in Maryland’s alcoholic beverages and cannabis law. He said products that fail to meet those standards would be considered “contraband per se,” allowing agents to seize such products and issue citations without waiting for laboratory confirmation in every case. “This bill helps fulfill the goals of the Cannabis Reform Act,” Akers said, and it would also authorize citations to persons who sell intoxicating THC products, including delta‑8 and delta‑10, to underage individuals.

Akris and Garrison noted practical enforcement gaps: agents currently must buy suspected products, send them to a laboratory and wait roughly 45 days for analytic confirmation before enforcement can proceed. Akers said SB 214 would let agents rely on package statements as prima facie evidence and treat display of products for sale as rebuttable evidence of sale—similar to enforcement models used for alcohol.

During the public comment period, Rusty Carr of Mount Airy testified in opposition to SB 214, arguing that the market has already evolved and that expanded enforcement might be unnecessary; Carr said he is a medical cannabis patient and caregiver and urged a slower approach. No committee amendments were recorded during the hearing.