Annapolis, MD: Judges for the Maryland Appellate Court have ruled in favor of a state-imposed prohibition on the retail sale of hemp-derived intoxicants containing delta-8-THC, delta-10-THC, and other synthetically produced cannabinoids.
The decision reverses a lower court’s preliminary injunction halting state officials from taking legal actions against intoxicating hemp providers.
The Court determined that no “common right” exists for retailers to sell hemp-derived psychoactive products because they “are now and have always been illegal in Maryland.” The Court added, “That their prohibition has been the subject of lax enforcement does not make [them] legal.”
Judges further opined that the hemp sales ban is reasonable because it “protect[s] public health and [serves] the public interest.”
Courts have recently upheld similar state-imposed bans in Alabama, Alaska, Arkansas, and Virginia.
Consumers’ use of hemp-derived products containing delta-8-THC and other synthetically produced cannabinoids has increased in recent years, particularly in jurisdictions where cannabis remains illegal. The synthetic conversion process typically involves the use of potentially dangerous household products. Third-party laboratory testing of these unregulated products often finds that they contain percentages of cannabinoids that differ from what is advertised on the products’ labels. Some products also possess heavy metal contaminants and unlabeled cutting agents. Other novel compounds, like THC-O, have not been tested for safety in human trials.
Nearly half of all US states impose restrictions on the retail sale of delta-8-THC and similar products, according to reporting provided by Courthouse News Service.
The case is Moore v. Maryland Hemp Coalition.