Elkton, MD asked in Cannabis & Marijuana Law, Consumer Law, Tax Law and Business Law for Maryland

Q: What regulations are involved with Cannabis Accessory e-commerce in the state of Maryland?

I am looking into creating an E-commerce site that sells Cannabis Accessories (Grinders, Pipes, Etc). I have no intention on selling any CBD products.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Here are the key regulations around selling cannabis accessories online in Maryland:

1. Legal to sell cannabis accessories - Maryland has legalized cannabis accessories, so products like grinders, rolling papers, pipes, bongs, etc are legal to sell to adults over 21.

2. No sale of cannabis or CBD products - While cannabis itself is legal in Maryland, online sales are still prohibited outside of licensed dispensaries. So your ecommerce site should only sell non-cannabis products. This also applies to CBD products derived from cannabis - those would be prohibited for online sales.

3. ID verification required - Even though it’s legal to sell accessories, online retailers still have to utilize an age verification system at checkout to confirm customers are 21+ before allowing sales. Typically this is done by integrating a third party app that cross-checks ID.

4. Tax collection responsibilities - Sales tax collection, remittances, and licensing obligations apply for retailers based on state Commerce and Use tax laws for online sales. Proper sales tax compliance is required.

5. FDA regulations on claims - Be careful about specific claims around uses or benefits of products sold. Follow FDA guidelines on pipe, vaporizer, and accessory product descriptions and marketing.

Provided you build in age verification, follow sales tax rules, and market products responsibly, selling cannabis accessories online direct to consumers is legal at the state level.

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