Cannabis, Cannabis-related Products, and CBD in Food

Although the legal status of Cannabis use in Maryland changed on July 1, 2023, MDH is reminding licensed food establishments that it is unlawful for any establishment to manufacture, sell, offer for sale, or receive in commerce any food that contains cannabis, cannabidiol (CBD), tetrahydrocannabinol (THC), or intoxicating cannabis-related products, as these foods are considered adulterated.   

Cannabis, cannabis-related products, CBD, and THC are not generally recognized as safe (GRAS) food additives by the US Food and Drug Administration (FDA). Any food or beverage offered for sale in Maryland that contains non-GRAS additives are considered adulterated (Maryland Health General §21-256).

Additionally, it is unlawful under the Food Drug and Cosmetic Act to introduce food containing cannabis and cannabis-related products, including added CBD or THC, into interstate commerce or to market cannabis and cannabis-related products, CBD, or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.  

As Federal guidance and the legal environment evolve, the Department will work with the Maryland Cannabis Administration (MCA), local health departments, food manufacturers, and the business community to provide clear, up-to-date guidance on these issues.  Please check this website regularly for any updates, or you may visit the following websites for additional information: 

Regulation of Cannabis and Cannabis-Derived Products (FDA)

Industry Licensees & Registrants (MCA)

Laws & Regulations (MCA)

To report a licensed food service facility selling or offering for sale CBD, cannabis, or cannabis-infused products, use our complaint form.  

For more information about legal changes in cannabis in Maryland, please visit the Maryland Cannabis Administration website.