Maryland Judge Sides With Hemp, Blocks New Law

October 16, 2023 · Green Market Report

A Maryland judge denied a temporary restraining order against hemp producers saying that the hemp products were legal according to the 2018 Farm Bill. The Maryland Hemp Coalition filed the case against the state’s 2023 Cannabis Reform Act.

The Cannabis Reform Act (CRA) lumped in all cannabis products including those derived from hemp with no regard towards the amount of THC in the product or how it was derived. The 2018 Farm Bill specifically stated that hemp products containing less than 0.03% of THC were legal. Thus, the existing legal hemp producers and sellers were told on July that their products and stores were now illegal unless they applied for and received a new license according to the CRA.

The Hemp Coalition stated that it wasn’t against the testing, labeling, or packaging requirements in the CRA, but believes they shouldn’t be required to get the specific cannabis licenses that full THC producers in the state need. The group also noted in its case that under the CRA, the hemp businesses would be denied licensing anyway because they didn’t meet the requirements to have been hurt by the prohibition of cannabis or already owned medical cannabis licenses. These groups get first dibs on adult-use licenses in the state.

The Hemp Coalition stated that since the low-level THC products were legal, they didn’t need to get medical licenses, thus cutting them out of that part of the licensing process. They also claim that Maryland’s licensing scheme has created a monopoly.

The judge sided with the hemp producers, noting that the regular adult-use producers were still able to move forward with the licensing scheme and wouldn’t be hurt if the hemp companies were able to continue selling their products. The judge stated that the adult-use program would be able to continue its launch and that hemp sellers wouldn’t be hurting that program.

The judge also wrote that the state did have a right to regulate hemp and could submit such a plan to the Department of Agriculture. However, he also wrote that so far the state had not submitted such a plan to the Department of Agriculture. (Full Story)

In categories:Hemp Legal
Tags:
Next Post

Cannabis is Big Business for Michigan Law Firms

Myles Baker is only six years out of law school. In a couple of months, it’s likely the associate attorney for Detroit firm Dickinson Wright PLLC will make partner — an often-elusive reward for a young lawyer. Baker is only…
Read
Previous Post

Maryland Judge Imposes Injunction Against Ban On Intoxicating Hemp Products

A judge in Maryland on Thursday imposed a preliminary injunction against the enforcement of a state law that prohibited the sale of intoxicating hemp products, the Washington Post reports. The lawsuit against the rules was filed in July by the Maryland Hemp Coalition and…
Read
Random Post

Connecticut limits booze sales on holidays, but marijuana allowed

Alcohol sales aren’t permitted in some stores on Christmas Day and New Year’s Day in Connecticut, but consumers can buy marijuana and gamble. According to West Hartford TV station WVIT, package stores must remain closed on Christmas and New Year’s Day. Manufacturers…
Read
Random Post

West Coast cannabis companies target price-sensitive customers

A trio of West Coast marijuana companies hosted separate investor calls on Thursday, but they all highlighted their focus on the same basic business fundamental moving forward: helping cannabis consumers find value-priced products in the regulated market. The three businesses…
Read
Random Post

The reality of legal weed in California: Huge illegal grows, violence, worker exploitation and deaths

At sunset from atop Haystack Butte, the desert floor below shimmers with a thousand lights. Illegal cannabis farms. At this hour and distance, serene hues cloak the rugged enclave of Mount Shasta Vista, a tense collective of seasonal camps guarded…
Read
Random Post

Week in Review: Rhode Island Expunges 23,000 Cannabis Possession Records

In this week’s cannabis news round-up, Rhode Island expunges more than 23,000 cannabis possession records; House lawmakers introduce a bill to promote cannabis research; and Alabama awards the state’s first medical cannabis licenses. Rhode Island Expunges More Than 23,000 Cannabis…
Read