Maryland Cannabis History
While recreational use remains illegal, possession of 10 grams or less was decriminalized in 2014. In 2019, a task force began investigating the potential for adult use legalization in the state.
In 2021, HB 32 Legalization and Regulation (Inclusion, Restoration, and Rehabilitation Act of 2021) was introduced, which would legalize the adult use of recreational marijuana and expunge prior cannabis related convictions. Another concurrent bill, HB 708, seeks to clarify and harmonize provisions contained within the two bills.
Maryland Child-Resistant Packaging Rules
Maryland’s child-resistant packaging rules and regulations are established in Subtitle 62 of the Maryland Department of Health & Mental Hygiene. Cannabis labeling and packaging guidelines within the state include the following:
Packaging of Medical Cannabis Finished Product:
- A. All items shall be individually packaged at the original point of processing.
- B. Packaging Requirements. A package of medical cannabis finished product shall:
- (1) Be plain;
- (2) Be opaque;
- (3) Be tamper-evident, and if applicable or appropriate, child-resistant;
- (4) Bear a finished-product lot number and an expiration date;
- (5) Bear a clear warning that:
- (a) The contents may be lawfully consumed only by a qualifying patient named on an attached label;
- (b) It is a illegal for any person to possess or consume the contents of the package other than the qualifying patient; and
- (c) It is a illegal to transfer the package or contents to any person other than a transfer by a caregiver to a qualifying patient;
- (6) Bear a clear warning to keep the package and its contents away from children other than a qualifying patient;
- (7) Bear the Maryland Poison Control Center emergency telephone number;
- (8) Bear the name of the licensee that packaged the medical cannabis finished product and the telephone number of the licensee for reporting an adverse patient event;
- (9) Bear any allergen warning required by law;
- (10) Bear a listing of the non-medical cannabis ingredients;
- (11) Bear an itemization, including weight, of all cannabinoid and terpene ingredients specified for the product, and concentrates of any cannabinoid of less than one percent shall be printed with a leading zero before the decimal point; and
- (12) Leave space for a licensed dispensary to attach a personalized label for the qualifying patient.
C. Packaging Prohibitions. A package of medical cannabis finished product may not bear any:
- (1) Resemblance to the trademarked, characteristic or product-specialized packaging of any commercially available candy, snack, baked good or beverage;
- (2) Statement, artwork or design that could reasonably mislead any person to believe that the package contains anything other a medical cannabis finished product;
- (3) Seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the product has been endorsed, manufactured, or used by any State, county or municipality or any agency thereof; and
- (4) Cartoon, color scheme, image, graphic or feature that might make the package attractive to children.
Label for Distribution to a Qualifying Patient
- A. A licensee shall print a label for a package of medical cannabis for a qualifying patient in English in letters no less than one-sixteenth of an inch high. If requested by a qualifying patient or caregiver, the licensee may also print a label in another language.
- B. A licensee may not distribute a package of medical cannabis without a label securely attached.
- C. A licensee shall state on a label of a package of medical cannabis:
- (1) The name of the qualifying patient;
- (2) The name of the certifying physician;
- (3) The name of the licensee where the product was dispensed;
- (4) The date that the medical cannabis was dispensed;
- (5) The name of the product;
- (6) The strength of applicable cannabinoid and terpene compounds:
- (a) Displayed in units appropriate to the dosage form; and
- (b) Concentrations of any cannabinoid of less than one percent shall be printed with a leading zero before the decimal point;
- (7) The quantity of medical cannabis dispensed, displayed in units appropriate to the dosage form;
- (8) Any directions for use of the product; and
- (9) The instructions for proper storage or handling of the product.
- D. Any other information required by the dispensary at its discretion may be provided in a patient insert.
- E. The label may not:
- (1) Contain any false or misleading statement or design; or
- (2) Include any statement, image or design that may not be included on the package.
Useful Links for Maryland Cannabis Regulations
Maryland Cannabis Growers Application
Editor's Note: Status as of 4/1/2021
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