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SB 214

Special District Funding

2026 Regular Session Introduced by Stan McClain

SB 214 tightens controls on THC products by banning misbranded/over-threshold items and authorizing seizures, citations, and prima facie sale proof for unlicensed or misadvertised

Laid on Table, refer to CS/HB 273
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Bill Summary · SB 214

SB 214 — Cannabis: Sale and Distribution — Tetrahydrocannabinol (THC) Offenses

Chapter 58 (approved by Governor); effective July 1, 2025

Main purpose

SB 214 strengthens Maryland’s enforcement tools against unlawful THC products by (1) prohibiting the sale or distribution of THC products that violate existing potency, packaging, or labeling rules or that are advertised as containing THC in excess of statutory thresholds, and (2) expanding enforcement and evidentiary authorities to address unlicensed or misbranded THC sales.

Key provisions

  • Prohibitions

    • Prohibits selling or distributing a product that contains THC if the product violates the potency, packaging, or labeling requirements in existing law (see §36‑203 / §36‑203.1) or if the product is advertised as containing an amount of THC that exceeds statutory thresholds (see §36‑1102).
    • Advertising includes packaging, labeling, and electronic communications.

  • THC thresholds and definitions

    • The bill relies on the statutory definition of “THC,” which broadly includes delta‑8, delta‑9, delta‑10 and similar intoxicating cannabinoids and is not limited to any specific derivation method.
    • The bill references existing numeric thresholds in statute (for example, 0.5 mg THC per serving and 2.5 mg THC per package noted in committee/fiscal documents) as limits on advertised content; existing statutory exceptions for certain hemp‑derived tinctures (with testing and ratio requirements) remain part of the framework.

  • Enforcement authority

    • Authorizes the Executive Director of the Alcohol, Tobacco, and Cannabis Commission (ATCC) to seize, destroy, or confiscate products that (a) are offered or displayed for sale in locations not appropriately licensed and (b) violate the potency/labeling/packaging standards or exceed the advertising thresholds.
    • Grants the Field Enforcement Division (sworn officers within ATCC) authority to issue citations for specified violations, including those related to distribution to under‑age purchasers (Criminal Law §10‑108).

  • Evidentiary presumption

    • In prosecutions for selling THC without the required license, display or offering of THC for sale, or keeping a place of business where THC is offered, is prima facie evidence of selling THC.

  • Penalties

    • Non‑licensee violators: misdemeanor, up to $5,000 fine (charged via citation).
    • Licensed cannabis businesses: subject to administrative disciplinary action by the Maryland Cannabis Administration (MCA) under existing licensing enforcement provisions.

Who is affected

  • Cannabis businesses (processors, retailers, manufacturers): must comply with potency, labeling, packaging, and advertising rules; licensees face disciplinary sanctions for violations.
  • Unlicensed sellers, online marketplaces, and other distributors: may face criminal citations and fines for unlawful sales or misadvertising.
  • Consumers (including youth): the bill targets products and promotions that could misrepresent THC content or circumvent licensing safeguards.
  • Enforcement agencies (ATCC / MCA): given additional seizure and citation authorities.

Fiscal and operational impact

  • Fiscal Note: implementation can be handled with existing ATCC/MCA resources; potential minimal increase in general‑fund revenue from fines beginning FY 2026. No material local fiscal impact anticipated. ATCC assessed minimal or no impact on small businesses.

Timeline / status

  • Enacted as Chapter 58; approved by the Governor. Bill takes effect July 1, 2025.

Practical effect

SB 214 tightens Maryland’s regulatory perimeter around THC‑containing products — making it easier for regulators to remove illegal or misbranded products from commerce, to cite unlicensed distributors, and to use display/offering as prima facie proof in prosecutions — while preserving the existing licensing‑and‑testing framework for legal cannabis products.

Compiled from official sources — confirm details with the bill’s official record.

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