# Agriculture (GAG)

## Title 14. Hemp

### Subtitle 1. Definitions

#### Section 14-101

(a) In this title the following words have the meanings indicated.

(b) "Fund" means the Hemp Farming Fund established under Sec. 14-304 of this title.

(c)

  (1) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.

  (2) "Hemp" does not include any plant or part of a plant intended for a use that is regulated under Title 13, Subtitle 33 of the Health - General Article.

(d) "Hemp product" means a product derived from hemp produced in accordance with Subtitle 3 of this title.

(e) "Independent testing laboratory" has the meaning stated in Sec. 13-3301 of the Health - General Article.

(f) "Institution of higher education" has the meaning stated in the federal Higher Education Act of 1965.

### Subtitle 2. Hemp Research Pilot Program

#### Section 14-201

In this subtitle, "Program" means the Hemp Research Pilot Program.

#### Section 14-202

(a) There is a Hemp Research Pilot Program.

(b) The purpose of the Program is to authorize and facilitate the research of hemp and any aspect of growing, cultivating, harvesting, processing, manufacturing, transporting, marketing, or selling hemp for agricultural or commercial purposes.

(c) The Department or an institution of higher education that submits an application to the Department in a manner determined by the Department may grow, cultivate, harvest, process, manufacture, transport, market, or sell hemp under the Program if the hemp is grown or cultivated to further agricultural research or academic research purposes.

(d)

  (1) The Department shall certify and register a site that will be used to grow or cultivate hemp under the Program.

  (2) The Department may charge a fee of up to $250 to certify and register a site that will be used to grow or cultivate hemp.

(e) In order to carry out the purpose of the Program:

  (1) To the extent necessary, the Department or an institution of higher education may contract with a person to grow or cultivate hemp; and

  (2) A person that grows or cultivates hemp under the Program may purchase or otherwise obtain seeds that produce plants that meet the definition of "hemp" under Sec. 14-101 of this title.

(f)

  (1) In accordance with paragraph (2) of this subsection and subject to paragraphs (3) and (4) of this subsection, a person that grows or cultivates hemp under the Program shall:

    (i) Verify that the plants grown or cultivated by the person meet the definition of "hemp" under Sec. 14-101 of this title;

    (ii) Maintain all records of verification at the site that is used to grow or cultivate hemp; and

    (iii) Make all records available for inspection by:

      (1) The Department; or

      (2) The institution of higher education that contracted with the person under subsection (e)(1) of this section to grow or cultivate hemp.

  (2) The verification required under this subsection shall include:

    (i) Documentation from an independent testing laboratory registered under Sec. 13-3311 of the Health - General Article; or

    (ii) Documentation from the institution of higher education that contracted with the person under subsection (e)(1) of this section to grow or cultivate hemp.

  (3) An independent testing laboratory or an institution of higher education that provides verification documentation under paragraph (2) of this subsection shall conduct on-site inspections to perform the testing necessary for the verification.

  (4) The frequency of the verification required under this subsection shall be determined by:

    (i) The Department; or

    (ii) The institution of higher education that contracted with a person under subsection (e)(1) of this section to grow or cultivate hemp.

(g) Notwithstanding any other provision of law:

  (1) Hemp grown or cultivated under the Program is an agricultural product that may be:

    (i) Possessed in the State; and

    (ii) Sold, distributed, transported, marketed, or processed in the State or outside the State; and

  (2) Hemp grown, cultivated, and harvested in a state that authorizes the growth, cultivation, and harvesting of hemp may be processed, manufactured, transported, marketed, or sold in the State under the Program.

(h) The Department or an institution of higher education may collect and publish data and research on hemp, including data and research on the growth, cultivation, production, and processing of hemp and products derived from hemp.

(i) The Department shall adopt regulations to carry out this subtitle.

### Subtitle 3. Hemp Production

#### Section 14-301

In this subtitle, "Program" means the Hemp Farming Program.

#### Section 14-302

It is the intent of the General Assembly that:

(1) Hemp be established as an agricultural commodity;

(2) Hemp produced in accordance with this subtitle may be:

  (i) Possessed in the State; and

  (ii) Sold, distributed, transported, marketed, manufactured, or processed in the State or outside the State; and

(3) Hemp produced outside the State in a state that authorizes the production of hemp may be sold, distributed, transported, marketed, manufactured, or processed in the State.

#### Section 14-303

(a) There is a Hemp Farming Program.

(b) The purpose of the Program is to:

  (1) Promote the production of hemp in the State;

  (2) Promote the commercial sale of hemp products in the State or outside the State;

  (3) Facilitate the research of hemp and hemp products between institutions of higher education and the private sector; and

  (4) Monitor and regulate the production of hemp in the State.

(c) The Department shall administer the Program.

#### Section 14-304

(a) There is a Hemp Farming Fund.

(b) The purpose of the Fund is to defray the costs of administering and enforcing the Program.

(c) The Department shall administer the Fund.

(d)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

  (1) Revenue distributed to the Fund under Sec. 14-306 of this subtitle;

  (2) Money appropriated in the State budget to the Fund;

  (3) Interest earnings of the Fund; and

  (4) Any other money from any other source accepted for the benefit of the Fund.

(f) The Fund may be used only for the costs associated with administering and enforcing the Program.

(g)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any interest earnings of the Fund shall be credited to the Fund.

#### Section 14-305

(a) The Department, in consultation with the Governor and the Attorney General, shall establish a plan for monitoring and regulating the production of hemp in the State.

(b)

  (1) The plan required under subsection (a) of this section shall include:

    (i) A practice to maintain, for a period of not less than 3 calendar years, relevant information regarding the land on which hemp is produced, including a legal description of the land;

    (ii) A procedure for testing, using postdecarboxylation or another similarly reliable method, the delta-9-tetrahydrocannabinol concentration levels of hemp produced in the State;

    (iii) A procedure for the effective disposal of:

      (1) Plants, whether growing or not, that are produced in violation of this subtitle; and

      (2) Products derived from plants that are produced in violation of this subtitle;

    (iv) A procedure for the enforcement of this subtitle;

    (v) A procedure for conducting annual inspections that include, at a minimum, a random sample of hemp producers to verify that hemp is being produced in accordance with this subtitle;

    (vi) A procedure for submitting to the Secretary of the U.S. Department of Agriculture within 30 days of receipt by the Department:

      (1) The contact information for each person licensed to produce hemp;

      (2) The legal description of the land on which hemp is produced; and

      (3) The status of each license and any changes to the status of a license; and

    (vii) A certification that the State has the resources and personnel to carry out the practices and procedures required under the plan.

  (2) The plan required under subsection (a) of this section may include any other practice or procedure that is consistent with federal law.

(c)

  (1) The Department shall submit the plan required under subsection (a) of this section to the Secretary of the U.S. Department of Agriculture for approval.

  (2) If the Secretary of the U.S. Department of Agriculture does not approve the plan submitted under paragraph (1) of this subsection, the Department shall:

    (i) Amend the plan; and

    (ii) Submit the amended plan to the Secretary of the U.S. Department of Agriculture.

#### Section 14-306

(a) The Department shall establish a procedure for licensing the production of hemp in accordance with the plan established under Sec. 14-305 of this subtitle.

(b) The Department may set reasonable fees for the issuance and renewal of licenses and other services the Department provides under this subtitle.

(c) The Department shall pay all funds collected under this section into the Fund.

#### Section 14-307

The Department shall adopt regulations to carry out this subtitle.

#### Section 14-308

(a) This section does not apply to an institution of higher education or a person that produces hemp under the Hemp Research Pilot Program in accordance with Subtitle 2 of this title.

(b) A person may not produce hemp in the State unless the person is licensed by:

  (1) The Department; or

  (2) The Secretary of the U.S. Department of Agriculture.

#### Section 14-309

(a)

  (1) A person may not knowingly:

    (i) Fail to comply with the Department's plan for monitoring and regulating the production of hemp established under Sec. 14-305 of this subtitle;

    (ii) Misrepresent or fail to provide the legal description of land on which hemp is produced;

    (iii) Produce hemp without a valid license; or

    (iv) Produce plants, or any part of a plant, that exceeds a delta-9-tetrahydrocannabinol concentration of 0.3% on a dry weight basis.

  (2) The Department shall report a person that knowingly violates this subtitle to the Attorney General and the U.S. Attorney.

(b)

  (1) If the Department determines that a person negligently violated this subtitle, the Department shall require the person to correct the violation, including requiring that:

    (i) The violation be corrected by a reasonable date; and

    (ii) The person report to the Department, at a frequency determined by the Department and for a period of not less than 2 calendar years, to verify compliance with this subtitle.

  (2) If a person is found by the Department to have negligently violated this subtitle three times in a 4-year period, the person may not produce hemp in the State for a period of 5 years beginning on the date of the third violation.

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Md. Code Ann., Agric. (as displayed at mgaleg.maryland.gov, October 16, 2026)