2023 Maryland Hemp Injunction: Court Allows Hemp Product Sales Amid Cannabis Law Dispute
A preliminary injunction in October 2023 temporarily protected hemp-derived product sales in Maryland, highlighting conflicts between hemp and cannabis laws.
In October 2023, a Maryland judge issued the 2023 Maryland hemp injunction, allowing certain hemp-derived products to remain on shelves while a lawsuit challenged parts of the state’s adult-use cannabis law. The ruling underscored inconsistencies in how states regulate hemp-derived cannabinoids such as Delta-8 THC.
The 2023 Maryland hemp injunction became a flashpoint in the ongoing battle over how states regulate hemp-derived cannabinoids. As adult-use cannabis legalization rolled out in Maryland in July 2023, lawmakers added strict rules that also swept up hemp-derived intoxicating cannabinoids such as Delta-8 THC and Delta-10 THC.
A coalition of hemp businesses, led by the Maryland Hemp Coalition, argued that the new statute effectively criminalized hemp commerce, placing small hemp retailers at risk while consolidating power within state-licensed cannabis operators. They filed a lawsuit claiming the law violated both the 2018 Farm Bill, which legalized hemp federally, and constitutional protections for small businesses.
In October 2023, the Washington County Circuit Court issued a preliminary injunction, temporarily halting enforcement of the restrictions and allowing hemp retailers to continue selling certain hemp-derived products while the case proceeded. The injunction did not strike down the law, but it bought time for retailers, manufacturers, and distributors caught in the regulatory crossfire.
The 2023 Maryland hemp injunction illustrated the broader patchwork of state laws governing hemp products across the U.S. Some states have banned intoxicating hemp cannabinoids outright, while others permit sales with labeling or age restrictions. Industry leaders warn that this lack of consistency creates uncertainty for businesses and consumers alike, and puts pressure on Congress to address cannabinoid regulation in the 2023 Farm Bill or through separate legislation.
Notably, the Maryland case highlighted tensions between the cannabis industry and the hemp sector. Cannabis licensees argued that unregulated hemp-derived intoxicants undermine consumer safety and the regulated market. Hemp advocates countered that responsible businesses should not be penalized for selling products derived from federally legal hemp.
Although the 2023 Maryland hemp injunction temporarily preserved market access for hemp products, the fight was far from over. In 2025, Maryland’s appellate court later reversed the injunction, tightening enforcement of cannabis licensing laws and reigniting debate over hemp-derived cannabinoids.
Reference
https://apnews.com/article/maryland-marijuana-cannabis-hemp-69f0771f8b308ac94d473c7a9a4fbfab
