A group of 11 Maryland hemp operators is suing the state in federal court as part of an ongoing quest to overturn a 2023 law that requires them to obtain a marijuana license to sell THC products.
In filings made Monday, the group asked a federal judge to either order state authorities to treat hemp operators as if they have a Maryland Cannabis Administration permit or keep authorities from enforcing state law against them.
The lawsuit also asks a judge to declare the state’s marijuana social equity program and caps on cannabis business licenses unconstitutional, according to court records.
Maryland is a limited-license state, with the number of non-social equity license holders already at maximum.
Limiting the number of entrants into Maryland’s regulated marijuana market keeps prices artificially high for consumers – while also maximizing tax returns for the state, the lawsuit alleges.
Annapolis-based attorney Nevin Young, who is representing the plaintiffs, had strong words for Maryland’s marijuana regulations.
“It’s really just communist cannabis,” Young told the Baltimore Sun.
Hemp remains in legal limbo at best in Maryland, where both regulators and operators are waiting on a state appeals court to rule on an earlier lawsuit brought by the Maryland Hemp Coalition.
Recent legislation signed into law earlier this year by Maryland Gov. Wes Moore also limited the amount of THC allowed in beverages to no more than 5 milligrams and also stipulated that such drinks can be produced only by businesses with marijuana licenses
That would make Maryland off-limits to the popular hemp-derived THC beverages sold at liquor stores and other mainstream retailers in other states – a situation the lawsuit also seeks to address.
