Is Delta 8 THC Legal in Maryland?

YES - Delta 8 THC is Legal in Maryland

Delta 8 THC is currently legal in Maryland for adults over the age of 21. Although the state's Cannabis Reform Act, effective July 1, 2023, initially prohibited vendors from selling delta-8 THC and other hemp-derived high-THC products, a Maryland Circuit Court judge suspended this ban in October 2023 following a lawsuit by the Maryland Hemp Coalition. This means that despite the initial prohibition, delta-8 THC remains legal in the state for now​.

Delta 8 THC is derived from hemp and is considered a legal cannabinoid under the 2018 Farm Bill, as long as it is extracted from the hemp plant. The cannabinoid is known for its milder psychotropic potency compared to delta 9 THC, providing benefits without strong side effects, which has contributed to its popularity​.

Residents of Maryland can purchase delta 8 THC products in CBD dispensaries and local shops, but buying online is often recommended for a wider selection and potentially better quality assurance through lab-tested, high-quality hemp materials​.

Please note, the legal landscape around delta 8 THC can change, so it's advisable to stay informed about local and state laws regarding its use and sale.

Legal Status of Delta 8 in Maryland

In Maine, the legality of Delta 8 THC is framed within both state and federal regulations. The state's stance on hemp and hemp-derived products, including Delta 8 THC, is informed by its alignment with the 2018 Federal Farm Bill. This legislation differentiates hemp from marijuana based on the THC content; hemp and hemp-derived products are legal if they contain less than 0.3% Delta 9 THC by dry weight.

(r) (2) “Marijuana” does not include:

(vi) [the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis] HEMP AS DEFINED IN § 14–101 OF THE AGRICULTURE ARTICLE

14–101. SUBTITLE 1. DEFINITIONS.

(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.

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Section 5-402 – Schedule I.

(1) A material, compound, mixture, or preparation that contains any of the following hallucinogenic or hallucinogenic-like substances is a substance listed in Schedule I:

(vii) marijuana;

(xii) tetrahydrocannabinol;

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