Section 36-1102 - Potency(a)(1) In this section the following words have the meanings indicated.(2) "Hemp" has the meaning stated in § 14-401 of the Agriculture Article.(3) "Tetrahydrocannabinol" means: (i) any tetrahydrocannabinol, including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and delta-10-tetrahydrocannabinol, regardless of how derived;(ii) any other cannabinoid, except cannabidiol that the Administration determines to cause intoxication; and(iii) any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as identified by the Administration.(4) "Tincture" means a solution that is: (i) dissolved in alcohol, glycerin, or vegetable oil; and(ii) distributed in a dropper bottle of 4 ounces or less.(b)(1) A person may not sell or distribute a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving or 2.5 milligrams of tetrahydrocannabinol per package unless the person is licensed under § 36-401 of this title and the product complies with the:(i) manufacturing standards established under § 36-203 of this title;(ii) laboratory testing standards established under § 36-203 of this title; and(iii) packaging and labeling standards established under § 36-203 of this title.(2) A person may not sell or distribute a product described under paragraph (1) of this subsection to an individual under the age of 21 years.(c) A person may not sell or distribute a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents.(d)(1) Notwithstanding subsection (b) of this section and subject to paragraph (2) of this subsection, it is not a violation of this section for a person to sell or distribute a hemp-derived tincture intended for human consumption that contains: (i) a ratio of cannabidiol to tetrahydrocannabinol of at least 15 to 1; and(ii) 2.5 milligrams or less of tetrahydrocannabinol per serving and 100 milligrams or less of tetrahydrocannabinol per package.(2) To sell or distribute a hemp-derived tincture under this subsection, a person must provide, as required by the Administration, tincture samples for the purpose of testing to determine chemical potency and composition levels and to detect and quantify contaminants.(e) A person who violates subsection (b) of this section:(1) may be charged by a citation; and(2) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.(f) A person who violates subsection (c) of this section:(1) may be charged by a citation; and(2) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.Amended by 2024 Md. Laws, Ch. 241,Sec. 1, eff. 4/25/2024.Added by 2023 Md. Laws, Ch. 255, Sec. 5, eff. 5/3/2023.Added by 2023 Md. Laws, Ch. 254, Sec. 5, eff. 5/3/2023.